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2022-132A
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER BOULEVARD RESURFACING FROM 53" STREET TO THE MERRILL BARBER BRIDGE BID NO. 2022046 PROJECT NO. IRC -1707 FM NO. 441919-1-54-01 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PETER D. O'BRYAN, CHAIRMAN JOE EARMAN, VICE CHAIRMAN COMMISSIONER SUSAN ADAMS COMMISSIONER JOSEPH E. FLESCHER COMMISSIONER LAURA MOSS JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E., PUBLIC WORKS DIRECTOR TABLE OF CONTENTS Section No. Title IRC -1707 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 Table of Contents - 00010 - 1 FAPublic Works\ENGINEER ING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 1 -Bid and Contract Doc IRC-1707.docx IRC -1707 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS APPENDIX A PERMITS APPENDIX B IRC FERTILIZER ORDINANCES APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION ++ END OF TABLE OF CONTENTS ++ Table of Contents - 00010 - 2 F:\Public Works\ENGINEER[ NG DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 SECTION — 00100 Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 1801 27"' Street Vero Beach, Florida 32960 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P.M. on Thursday, May 26, 2022. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE" and Bid No. 2022046. Bids should be addressed to Purchasing Division, Room 131-301, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 P.M. All bids received after 2:00 P.M., on the day specified above, will not be accepted or considered. INDIAN RIVER COUNTY PROJECT NO. IRC -1707 INDIAN RIVER COUNTY BID NO. 2022046 PROJECT DESCRIPTION: This project will be performed for the resurfacing/widening of Indian River Boulevard from 53rd Street to the Merrill Barber Bridge. The proposed improvements will include milling and resurfacing, widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. This project is an F.D.O. T. Small County Outreach Program (SCOP) funded project, FM No. 441919-1- 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 at www.ircgov.com/departments/budget/purchasing under "Current Solicitations". All bidders shall submit one (1) original and one (1) copy of the Bid Proposal forms provided within the specifications. Please note that the questionnaire must be filled out completely including the financial statement. BID SECURITY must accompany each Bid, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security must be in the sum of not less than Five Percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. Advertisement for Bids - 00100 - 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 In the event the Contract is awarded to the Bidder, Bidder will enter in a Contract with the County and furnish the required 100% Public Construction Bond and certificates of insurance within the timeframe set by the County. If Bidder fails to do so, the Bid Security shall be retained by the County as liquidated damages and not as penalty. The County reserves the right to delay awarding of the Contract for a period of ninety (90) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County, Florida. The County will not reimburse any Bidder for bid preparation costs. A MANDATORY Pre -Bid Conference will be held on Thursday, May 5, 2022 at 10:30 A.M., in the first -floor conference room of the Indian River County Administration Building located at 1801 27th Street, Vero Beach, Florida, 32960. ATTENDANCE AT THIS CONFERENCE IS REQUIRED.: No bidder arriving after the meeting has begun will be allowed to sign in. INDIAN RIVER COUNTY By: Jennifer Hyde Purchasing Manager For Publication in the Indian River Press Journal Date: 04/17/2022 and 04/24/2022 For: Indian River Press Journal Please furnish tear sheet and Affidavit of Publication to: INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Building "B" Vero Beach, FL 32960 * * END OF SECTION * * Advertisement for Bids - 00100 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx SECTION 00200 — Instructions to Bidders TABLE OF CONTENTS Article No. - Title IRC -1707 Page ARTICLE 1- DEFINED TERMS...................................................................................................1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS.......................................................................1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS..............................................................................1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE.......................................................................................................................2 ARTICLE 5 - PRE-BID CONFERENCE..........................................................................................4 ARTICLE 6 - SITE AND OTHER AREAS.......................................................................................4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA......................................................................5 ARTICLE8 - BID SECURITY.......................................................................................................5 ARTICLE 9 - CONTRACT TIMES.................................................................................................6 ARTICLE 10 - LIQUIDATED DAMAGES......................................................................................6 ARTICLE 11- SUBSTITUTE AND "OR -EQUAL" ITEMS...............................................................6 ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, 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 ARTICLE 17 - OPENING OF BIDS..............................................................................................9 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE.....................................................9 ARTICLE 19 - AWARD OF CONTRACT.......................................................................................9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE.............................................................11 ARTICLE 21- SIGNING OF AGREEMENT..................................................................................11 Instructions to Bidders - 00200 - i F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 SECTION 00200 — Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subject Article AWARDOF CONTRACT..........................................................................................................19 BASIS OF BID; EVALUATION OF BIDS...................................................................................14 BIDSECURITY...........................................................................................................................8 BIDS TO REMAIN SUBJECT TO ACCEPTANCE.....................................................................18 CONTRACT SECURITY AND INSURANCE.............................................................................20 CONTRACTTIMES....................................................................................................................9 COPIES OF BIDDING DOCUMENTS.........................................................................................2 DEFINEDTERMS.......................................................................................................................1 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE..................4 INTERPRETATIONS AND ADDENDA........................................................................................7 LIQUIDATEDDAMAGES..........................................................................................................10 MODIFICATION AND WITHDRAWAL OF BID..........................................................................16 OPENINGOF BIDS..................................................................................................................17 PRE-BID CONFERENCE...........................................................................................................5 PREPARATIONOF BID...........................................................................................................13 QUALIFICATIONS OF BIDDERS................................................................................................3 SIGNINGOF AGREEMENT.....................................................................................................21 SITEAND OTHER AREAS.........................................................................................................6 SUBCONTRACTORS, SUPPLIERS, AND OTHERS................................................................12 SUBMITTALOF BID.................................................................................................................15 SUBSTITUTE AND "OR -EQUAL" ITEMS..................................................................................11 Instructions to Bidders - 00200 - ii F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 1 Bid and Contract Doc IRC-1707.docx IRC -1707 SECTION 00200 — Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder --The individual or entity who submits a Bid directly to OWNER. B. Issuing Office --The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. C. Successful Bidder --The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. D. ENGINEER — References County Engineer or their designee. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids or Invitation to Bid may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B. Bidder must have successfully constructed, as prime CONTRACTOR, at least three projects similar in scope to this project. C. Bidder must have good recommendations from at least three clients similar to the OWNER. D. The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. Instructions to Bidders - 00200 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 3.02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 3.03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications. 3.04 Bidder must be registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S.. Owner, contractor, and subcontractors may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Contractor is responsible for obtaining proof of E -Verify registration for all subcontractors. This requirement applies to any provider of services or goods. 3.05 Bidder must hold a current registration as a General Contractor in the State of Florida. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.02 of the General Conditions has been identified and established in paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities, including OWNER, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents. Instructions to Bidders - 00200 - 2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 B. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4.06 of the General Conditions. 4.05 Upon a request directed to the Purchasing Division (purchasingCa�_ircgov.com or (772) 226-1416), OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.06 "This paragraph has been deleted intentionally" 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, including any Addenda and the other related data identified in the Bidding Documents; B. VISIT THE SITE AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work; D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions; E. obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead, surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; Instructions to Bidders - 00200 - 3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 The date, time, and location for the MANDATORY Pre -Bid conference, is specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are REQUIRED to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. Instructions to Bidders - 00200 - 4 F:\Public Works\ENGINEERING DIVISION PROJECT S\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 CONE OF SILENCE. Potential bidders and their agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction shall be effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. 7.02 All questions about the meaning or intent of the Bidding Documents are to be submitted to PURCHASING (purchasing(d)-ircgov.com) in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.03 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8.01 Each Bid must be accompanied by Bid Security made payable to OWNER in the amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashier's check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. The Bid Bond shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida. The Bidder shall require the attorney-in-fact who executes any Bond, to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida. Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308. The Surety shall also meet the requirements of paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be retained by the owner. The Bid Security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. Instructions to Bidders - 00200 - 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 ARTICLE 9 - CONTRACT TIMES 9.01 The number of calendar days within which, or the dates by which, the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or -equal' items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal' item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid. 12.02 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection. Instructions to Bidders - 00200 - 6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 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 or modify the bid form). Bids not submitted on the bid form(s) shall be rejected, as will bids submitted on rewritten, recreated or modified bid forms. 13.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed. A Bid price shall be indicated for each section, Bid item, alternative, adjustment unit price item, and unit price item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. 13.10 The address and telephone number for communications regarding the Bid shall be shown 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13.12 All supporting information requested in the Bid Form must be furnished. Do not leave any questions or requests unanswered. 13.13 In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder. All permit, impact, or inspection fees payable to Indian River County in connection with the work on this County project will be paid by Indian River County, with the exception of re -inspection fees. The Bidder shall not include ANY PERMIT, IMPACT, NOR INSPECTION FEES payable to Indian River County in the bid. Instructions to Bidders - 00200 - 7 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Mandl Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 13.14 CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The FORCE ACCOUNT is intended as a contingency for unforeseen work. Lump sum amount for FORCE ACCOUNT work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. Omission of unit prices where required will result in disqualification of the bid. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11.02 of the General Conditions. 14.03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule, or elsewhere, is approximate only and not guaranteed. The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships. B. Sworn Statement under the Florida Trench Safety Act. C. Qualifications Questionnaire. D. List of Subcontractors. E. Certification Regarding Prohibition Against Contracting with Scrutinized Companies Instructions to Bidders - 00200 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title and Bid Number (and, if applicable, the designated portion of the Project for which the Bid is submitted), Bid Number, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Indian River County, Purchasing Division, 1800 27th Street, Vero Beach, Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. 16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non - responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all technicalities and informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly Instructions to Bidders - 00200 - 9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 1 Bid and Contract Doc IRC-1707.docx IRC -1707 waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.04 In evaluating Bidders, OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. 19.06 If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 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. Instructions to Bidders - 00200 - 10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to Public Construction Bond and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by the required insurance certificate(s) and Bond, unless the Bond has been waived due to the total contract being less than $100,000. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen (15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21.02 OWNER shall return one fully signed counterpart to Successful Bidder. 21.03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21.01 above, the additional time in calendar days, required to correctly complete the documents will be deducted, in equal amount, from the Contract time. Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred, and the Contract may be awarded as the OWNER desires. * * END OF SECTION * * Instructions to Bidders - 00200 - 11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx IRC -1707 SECTION 00300 — Bid Package Contents THIS PACKAGE CONTAINS: SECTION TITLE 1:re1r4Tioi, C . "see SECTION NUMBER 00310 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire List of Subcontractors 11IOL•14V 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 * * Bid Package Contents - REV 04-07 — 00300 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-1—Bid and Contract Doc IRC-1707.docx SECTION 00310 — Bid Form PROJECT IDENTIFICATION: Project Name County Project Number: Bid Number: Project Address: Project Description THIS BID IS SUBMITTED TO: INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE IRC -1707 2022046 Indian River Blvd. from 53rd Street to the Merrill Barber Bridge, Vero Beach, Florida 32960 and 32967 This project will be performed for the resurfacing/widening of Indian River Boulevard from 53rd Street to the Merrill Barber Bridge. The proposed improvements will include milling and resurfacing, widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. This project is an F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 441919-1-54-01. INDIAN RIVER COUNTY 180027 Ih Street VERO BEACH, FLORIDA 32960 IRC 1707 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 05/16/2022 05/18/2022 Addendum Number 1 Bid Form REV 04-07 - 00310 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)11-Admin\Bid Documents\Bid Documen(s\DIV 0 1 Bid and Contract Doc—IRC-1 707.docx IRC -1707 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (The remainder of page intentionally left blank] Bid Form REV 04-07 - 00310 - 2 r:\PublicWorks\ENGINEERING DIVISION PROJECTSX1707 I Wan River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)1-Admin\Bid Documents\Bid Dccumenls\DIV 0_1_Bid and Contract Doc IRC-1707.docx ITEMIZED DID SCHEDULE *ADDENDUM 1 PROJECT NAME: INDIAN RIVER BLVD. RESURFACING FROM 53RD ST. TO THE MERRILL BARBER BRIDGE PROJECT NO. IRC -1707 BID NO. 2022046 FM NO. 441919-1-54-01 BIDDER'S NAME: C. W. Roberts Contracting, Inc. Item No. Description Unit Unit Price Quantity Amount 01011 MOBILIZATION LS $430,000.00 1 $430,000.00 0102 1 MAINTENANCE OF TRAFFIC LS $274,000.00 1 $274,000.00 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATERLS 01041 POLLUTION $11000.00 1 $11,000.00 01101 1 CLEARING & GRUBBING LS $63,000.00 1 $63,000.00 0120 1 REGULAR EXCAVATION LS $16,500.00 1 $16,500.00 01206 EMBANKMENT LS $121.000.00 i $121,000.00 01604 TYPE B STABILIZATION 12" SUBGRADE, LBR 40, MINIMUM SY $12.50 14,580 $182,25U.00 *0285706 OPTIONAL BASE, BASE GROUP 06 (8" CEMENTED COQUINA) SY S24.25 1,576 $38,218.00 *0285711 OPTIONAL BASE, BASE GROUP 11 (12" CEMENTED COQUINA) SY $61.50 120 $7,380.00 0327 70 6 MILLING EXISTING ASPHALT PAVEMENT, 1 1/2" AVG DEPTH SY $3.25 1 119,833 $389,45725 SUPERPAVE ASPHALTIC CONIC. TRAFFIC C (PG76-22, S.P. 12.5, 2" 0334113 THICK) TN $162.00 13,252 $2,146,824.00 0425 14 1 GRATE FOR EXISTING DRAINAGE STRUCTURE, FURNISH AND INSTALL SF $334.00 63 $21,042.00 04256 VALVE BOXES, ADJUST EA $1,300.00 1 $1,300.00 05201 10 CONCRETE CURB & GUTTER, TYPE F LF $54.00 256 $13,824.00 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK (FIBERMESHS 05222 REINFORCED r $317.00 12 $3,804.00 05272 DETECTABLE WARNINGS SF $66.00 9 $594.00 05701 2 PERFORMANCE TURF, SOD BAHIAI SY $4.50 3,000 $13,500.00 05701 2A PERFORMANCE TURF, SOD FLORATAM SY S7.00 3,000 $21,000.00 06302 11 CONDUIT, FURNISH & INSTALL, OPEN TRENCH LF $6.70 33,000 $221,100.00 0630 2 12 CONDUIT, FURNISH &INSTALL, DIRECTIONAL BORE LF $21.00 2,349 $49,329.00 0633 1123 FIBER OPTIC CABLE, F&I, UNDERGROUND, 49-96 FIB -RS LF $6.90 18,000 $124,200.00 06352 12 PULL &SPLICE BOX, F&1, 24"X36" COVER SIZE PULL BOX EA $3,900.00 35 $136,500.00_ PULL & SPLICE BOX, F&I, 30"X60' RECTANGULAR OR 36" ROUND COVEREA 06352 13 SIZE SLACK BOX $7,150 Co 9 $64,350.00 07061 3 RAISED PAVEMENT MARKER, TYPE B BI-DIRECTIONAL AMBER/AMBER EA $4.25 291 $1,236.75 07061 3A RAISED PAVEMENT MARKER, TYPE B BI-DIRECTIONAL WHITE/RED)54.25 EA 1,503 $6,387,75 07061 36 RAISED PAVEMENT MARKER, TYPE B BI-DIRECTIONAL WHITE/MONO)$4.25 EA 67 $284.15 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALKLF 0711 11123 AND ROUNDABOUT 5235 773 S1slsss THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" FOR DIAGONALS AND 071111124 CHEVRONS LF 53.65 1,269 $4,631.85 00310-3 FAPurchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Addendum i docs\MASTER ITEMIZED BID SCHEDULE ADDENDUM 1 ITEMIZED BID SCHEDULE *ADDENDUM 1 PROJECT NAME: INDIAN RIVER BLVD. RESURFACING FROM 53RD ST. TO THE MERRILL BARBER BRIDGE PROJECT NO. IRC -1707 BID NO. 2022046 FM NO. 441919-1-54-01 BIDDER'S NAME: C. W. Roberts Contracting, Inc. Item No. Description Unit Unit Price Quantity Amount THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND 071111125 CROSSWALK LF SZ30 364 $2,657.20 THERMOPLASTIC, STANDARD, WHITE, 2-4 DOTTED GUIDELINE/6-10 GAP 0711 11141 EXTENSION, 6" GM $22000r 2.000 $4,400.00 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL 0711 11160 HELMETED BICYCLE SYMBOL AND BIKE LANE ARROW) EA $338.00 50 $16,900.00 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL (MERGEEA 0711 11160A WITH ARROW $553.00 12 $6,636.00 0711 111608 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL ONLY EA $337.00 6 $2,022.00 0711 11170 THERMOPLASTIC, STANDARD, WHITE ARROW EA $92.00 96 $11,832.00 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL ORLF 071111224 CHEVRON $3.00 344 $1,032.00 THERMOPLASTIC, STANDARD, YELLOW, 2-4 DOTTED GUIDELINE/6-10 0711 11241 DOTTED EXTENSION LINE, 6'. GM $3,700.00 *0 24 S8B8.00 0711 16 101 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 6" GM $6,300.00 11.12 $70,056.00 0711 16 102 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 8" GM $6,900.00 *0 52 $3.588.00 THERMOPLASTIC, OTHER -SURFACES, WHITE, SKIP, 6", 10-30 SKIP OR 3- 0711 16 131 9 LANE DROP GM $2,000.00 *5 26 $10,520.00 0711 16 201 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID, 6" GM $6,300.00 *5 21 $32,823.00 999-1 CONSTRUCTION LAYOUT/ RECORD DRAWINGS LS $100,000.00 $100,000.001 INDIAN RIVER BLVD. RESURFACING FROM 53RD ST. TO THE MERRILL BARBER BRIDGE SUB TOTAL $4,624,884.10 999-25 FORCE ACCOUNT 365,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT) TOTAL $4,989,834.10 LS=Lump Sum SY=Square Yard TN=Ton EA=Each SF= Square Foot LF=Linear Foot SY=Square Yard 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 Four Million, Nine Hundred Eight Nine Thousand, Eight Hundred Eighty Four Dollars and Ten Cents. 00310-4 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707Wddendum 1 docs\MASTER ITEMIZED BID SCHEDULE ADDENDUM 1 IRC -1707 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 sure 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.B of the General Conditions. 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Itemized Bid Schedule; B. Required Bid security in the form of Bid Bond C. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships; D. Sworn Statement Under the Florida Trench Safety Act; E. Qualifications Questionnaire; F. List of Subcontractors; G. Certification Regarding Prohibition Against Contracting with Scrutinized Companies DIV 0-1—Bid and Contract Doc_IRC-1707.docxBid Form - 00310 - 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River 8!vd Merrill Barber Bridge to 53rd St Resuracing (SCOP)11-Admin\Bid Documents\Bid Documents\DIVO_t_Bid and Contract Doc IRC-1707.docx IRC -1707 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 May 26th 2022 State Contractor License No. CGC1505785 If Bidder is: An Individual Name (typed or printed): By: (individual's signature) Doing business as: Business address: Phone No.: Email: A Partnership Partnership Name: FAX No.: By: (Signature of general partner-- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: Email: FAX No.: A Corporation Corporation Name: C. W. Roberts Contracting, Ina State of Incorporation: Florida Type e eral Busine , Pro essio I, Service, Limited Liability): Professional By: (Signature -- attach evidence of authori Name (typed or printed): Daniel Hoyt Title: to sign (Sig ture of Contracts Administrator) 8530 SW Jayme Way, Palm City, FL 34990 Busine address: Phone No.: 772-288-0951 FAX No.: 772-288-0983 Email: jandrews@cwrcontracting.com Date of Qualification to do business is 01 /1 911 976 (SEAL) (SEAL) (SEAL) (CORPORATE SEAL) DIV 0_1—Bid and Contract Doc_IRC-1707.docxBid Form - 00310 - 6 I'APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\7-Admin\Bid Cocuments\Bid Documents\DIV 0 7 Bld and Contract Doc IRC-1707.docx SRC -1707 A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner-- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email: Joint Venture Name: (SEAL) By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: FAX No.: Email: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) * * END OF SECTION * * DIV O-1—Bid and Contract Doc_IRC-1707.docxBid Form - 00310 -7 FAIDublic WorkstENGINEERING DIVISION PROJECTSN1707Indian River Blvd Merrill Barber Bridge to 53rd Sl Resurfacing (SC0P)11-Admin\Bid Documents\Bid Documents101V 0 1 Bid and Contract Doc IRC-1707.docx THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE C. W. Roberts_ Contracting, Inc. 3372 Capital Circle NE, Tallahassee FL 32308 as Principal, hereinafter called the Principal, and Western Surety Company 151 N. Franklin Street, Chicago IL 60606 a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto Indian River County Board of County Commissioners 1801 27th Street, Vero Beach, FL 32960 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Bid No. 2022046 Indian River Boulevard Resurfacing from 53rd Street to Merrill Barber Bridae NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond of bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th go (Witness) (Witness) day of May 1 2022 C. W. Roberts Contracting, Inc. Western Attorney -in -Fact (Principal) AIA DOCUMENT A310 •IIID BOND • AIA . FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCIIITEC.'TS, 1735 V.Y. AVE., N."%, WASHINGTON, D.C. 20006 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr., David J Durden, Milton A Kopf III, Joshua Price, Individually of Montgomery, AL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 6th day of January, 2022. WESTERN SURETY COMPANY z- �.l T. �Vi., State of South Dakota ss County of Minnehaha On this 6th day of January, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ""","`""'"""`"`""","^"" « M. BENT ` NOTARY PUSLICQb+ sE�L March 2, 2026 SOUTH DAKOTA M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 26th day of May, 2022. ••�o-- WESTERN SURETY COMPANY �WeaaPORgT v'=_ �W1�1 �i Di y�TN OPaO,s`' "IIUIIIi1u.W« Fonn F4280-7-2012 L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. IRC -1707 SECTION 00452 — Sworn Statement on Disclosure of Relationships SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2022046 for INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE 2. This sworn statement is submitted by: C. W. Roberts Contracting, Inc. (Name of entity submitting Statement) whose business address is: 8530 SW Jayme Way, Palm City, FL 34990 3. My name is Daniel Hoyt (Please print name of individual signing) and my relationship to the entity named above is Area Manager 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any Sworn Statement of Disclosure of Relationships - 00452-1 FAPublic VJorks\ENGINEER]NG DIVISION PROJECTSU 707 Indian River Blvd Merrill Barber Bridge to 53rc St Resurfacing (SCCP)11-Admin\8id Documents\Bid DOCUmentslDIV O 1 Bid and Contract Doc—IRC-1707 docx IRC -1707 relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. E:]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 ,/a (Signature) 05/2s/2o22 (Date) STATE OF Florida COUNTY OF Martin Sworn to (or affirmed) and subscribed before me by means of ® physical presence or ❑ online notarization, this 261h day of May 20 22 by Daniel Hoyt (name of person making statement). „ (Signature of Notary Public - State of Florida) or Stamp Commissioned Name of Notary Public) IN who is personally known to me or ❑ who has produced NEE c State of Flonda as identification. ISion HH 045028 3/2024 * * END OF SECTION * * Sworn Statement of Disclosure of Relationships - 00452-2 F:\PublicWofks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bndge to 53rd St Resurfacing (SCCP)11-Admin\Bid Documents\Bid DocumentsUV 0_1_Bid and Contract Doc IRC-1707.docx IRC -1707 SECTION 00454 — Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS. 1. This Sworn Statement is submitted with Project No. IRC -1707 for INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE 2. This Sworn Statement is submitted by C. W. Roberts Contracting, Inc (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is 8530 SW Jayme Way, Palm City, FL 34990 BIDDER's Federal Employer Identification Number (FEIN) is 59-1683951 3. My name is Daniel Hoyt and my relationship to the BIDDER (Print Name of Individual Signing) is Area Manager (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4. The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safetv Act, Section 553.60 et.seq. 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 Statt.ite(s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $o-0 based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards, and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: Not Applicable 7 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 $ o.oc based on the square feet of shoring to be used for compliance with requirements and intends to comply with said shoring requirements by following specific method(s) of compliance on this Project: NotApprcabie shoring safety instituting the Florida Trench Safety Act - REV 04-07 - 00454 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)11-Admin\Bid Documents\Bid Cocuments\CIV 0_1_8A and Contract Doc_IRC-1707.doex IRC -1707 The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8. The BIDDER, in submitting this bid, represents that it has obtained and considered all available geotechnical information, has utilized said geotechnical information and that, based on such information and the BIDDER's own information, the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER. C. W. Roberts Contracting, Inc. By: 1 A&-�V Position or Title: Area Manager Date: 05126/2022 STATE OF Florida COUNTY OF Martin Sworn to (or affirmed) and subscribed before me by means of N physical presence or ❑ online notarization, this 26th day of May 2022 , by Daniel Hoyt (name of person making statement). (Signature of Notary Public - State of Florida) (Print, ype, or Stamp Commissioned Name of Notary Public) a who is personally known to me or ❑ who has producedvt" Notary Public State of Florida +Q SHERRI LEWIS as identification. ' 4 My commission HH 045828 Expires 0912312024 * * END OF SECTION * * Florida Trench Safety Act - REV 04-07 - 00454 - 2 FAPublic Works1ENGINEERING DIVISION PROJECTSW07 Indian River Blvd Merrill Barber Bddge to 53rd St Resurfacing (SCOP)F1-Admin\Bid Documents%Bid DecumentslDIV 0181d and Contract Doc_IRC-1707.docx IRC -1707 SECTION 00456 — Qualifications Questionnaire NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. Documentation Submitted with Project No: IRC -1707 Project Name: INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE 1 . Bidder's Name / Address: C. W. Roberts Contracting, Inc 8530 SW Jayme Way, Palm City, FL 34990 2. Bidder's Telephone & FAX Numbers: Telephone -772-288-0951 Fax -772-288-0983 3. Licensing and Corporate Status: a. Is Contractor License current? Yes b. Bidder's Contractor License No: CGC 1505785 [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: d6 What is the last project OF THIS NATURE that the firm has completed? T4544 US Highway 1 Resurfacing 6. Has the firm ever failed to complete work awarded to you? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? No [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 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.] Has the firm implemented a drug-free workplace program in compliance with Florida Statute 287.087? Yes Qualifications Questionnaire - 00456 - 1 FAPublic Works\ENGINEERING DIVISION PROJECTSN1707 Indian River Blvd Merrill Barber Bridge to 53rd Sl Resurfacing (SCOP)11.AdminiBld Documents\Bid DocumenlslDIV 0_1_Bid and Contract Ooc_IRC-1707.docx IRC -1707 (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 circurnstances 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. Justin Andrews Date of Inspections: 5/23/2022 15. Name of on-site Project Foreman. Michael Dexter Number of years of experience with similar projects as a Project Foreman: 32 16.Name of Project Manager: Juan Palacio Number of years of experience with similar projects as a Project Manager: 8 17. State your total bonding capacity: $500,000,000.00 18. State your bonding capacity per job: $200,000,000.00 19. Please provide name, address, telephone number, and contact person of your bonding company: Renee Ellis - Turner Insurance & Bonding Company - 334-224-0004 2601 Bell Road, Montgomery, AL 36117 [The remainder of this page was left blank intentionally] Qualifications Questionnaire - 00456 - 2 P1Public Wcrks\ENGINEERING DIVISION PROJECTS\1707 Irdian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SC0P)\1.Admin160 Documenls\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.docx L 0 0 V) 0 0 a J D W �c J Q z 0 Ln aV) LIJ ® U. 20 O= J a LL a LL Oz W a a tnW _z m LLO H W o~c a W 0 a O m z z LLJu t/y 0 z z Q P D z O u w 2 H wW Q F - Z � Q Q F- LU V) �- C) � U cn LL Z LLI W O: cc) W ,Q- w O a.. U = LL z O 0 to U J O LU Ln w O a LU F- d W 0- a co U z o W ? m u� O z_ H V v3 aLLJ F -w CC zap Q W ou U (V < Q O WRQ J m ~ LL 0 U V) co N Ln O LO ti 0 W z W V) W N E N 0 N LA c r+ � M t D o LL Q � 0 0 a) 2 u c v M u 0 A 41 O a� a� u a� s c I. - cu s O Q) c 0 ca 0 . cn c Q) v 0 .N H 5/26/22, 9:35 AM Detail by Entity Name *. A./ i of .org���;�;�r��,��r�E�, Department of State / Division of Corp r ion / Search Records / Search by Enti y Name / httnc•/lm�rrh ennV.i� nrnllnn�.inJ!`n.n.....r:....c,..,...�,ic..__,.4r.__..�.r�_._an:__...,_.. r- .•. .� ., .. .. _ ._ 5/26/22., 9:35 AM P.O. BOX 16279 TALLAHASSEE, FL 32317 Title SECRETARY DELISLE, ROBERT P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP Palmer, Alan P.O. BOX 16279 TALLAHASSEE, FL 32317 Title C FLEMING, NED P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP: Asst. Secretary, Treasurer Matteson, Mark R P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP Savoy, Stuart P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP Riley, Chris P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP STRAIN, JAMES(JIMMY) A P.O. BOX 16279 TALLAHASSEE, FL 32317 Title V.P. ARMSTRONG, M. BRETT P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VAS Detail by Entity Name hkr.c•/fcoorrV.civ.h{o..rr,/L,..���...I!^..........�:,,..c _..__�in____�n___�.r. _....�.. _ .- ... .. ., .. .. _ 5/26/22, 9:35 AM Detail by Entity Name STEELE, MATTHEW P.O. BOX 16279 TALLAHASSEE, FL 32317 Title V MORETZ, JAMES W PO BOX 16279 TALLAHASSEE, FL 32317 Title V FINCH, DARRYL C P.O. BOX 16279 TALLAHASSEE, FL 32317 Title AS BROOKS, J RYAN P.O. BOX 16279 TALLAHASSEE, FL 32317 Title CEO SMITH, FRED J, III P.O. BOX 16279 TALLAHASSEE, FL 32317 Title V HOFFMAN, GREGORY A P.O. BOX 16279 TALLAHASSEE, FL 32317 Annual Reports Report Year Filed Date 2020 01/07/2020 2021 01/04/2021 2022 01/13/2022 Document Images 03/28/2022 — AmendmentView image in PCF format 01113/2022 — ANNUAL REPORT View image in PDF format 12/13/2021 —Amendment Mew image in PDF format 02/22!2021 — Amendment View image in PDF format i 01104/2021 — ANNUAL REPORT Mew image in FDF format 05/0812020 — Amendment View image in PDF format 01107/2020 — ANNUAL REPO RT _ 'Mew image in PDF format 07115/2019 — Amendment httpS://SeafCh.SunbiZctrn/Innnirv/(:nrnnraFinnCoo.�h/C..�.�tio....un....a�:__..:_...._ __.-.. . 5/26/22, 9:35 AM 04/02/2019 -- Amendment 01110/2019 — ANNUAL REPORT 08/14/2018 — Amendment 01/24/2018 — ANNUAL REPORT 03/28/2017 — AMENDED ANNUAL REPORT 0112412017 — ANNUAL REPORT 03/0112016 —ANNUAL REPORT 01/2312015 — ANNUAL REPORT 01/08/2014 — ANNUAL REPORT 09/1312013 — Amendment 01/16/2013 — ANNUAL REPORT 03/16/2012 — ANNUAL REPORT 04/06/2011 --ANNUAL REPORT 03/02/2010 — ANNUAL REPORT 04/10/2009 — ANNUAL RE PORT 03111/2008 — ANNUAL REPORT 04109/2007 — ANNUAL REPORT 02123/2006—ANNUAL REPORT 04/1312005 — ANNUAL REPORT 02/18/2004 —ANNUAL REPORT 01122/2003 — ANNUAL REPORT 03/1412002 — ANNUAL REPORT 01/30/2002 — Mergp_r 04/0612001 — ANNUAL REPORT 03/24/2000 — ANNUAL REPORT 02/17il999 —ANNUAL REPORT 02/0311998 — ANNUAL REPORT 02/03/1997 — ANHUAL R PORT 02/22/1996 — ANNUAL REPORT 04/07/1995 — ANNUAL REPORT Detail by Entity Name View image In PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format t View image in PDF format i View image in PDF format View image in PDF format View image in PDF format View image in PDF format I - View image in PDF format - View image in PDF format View image in PDF format — View image in PDF formal View Image in PDF format View image in PDF format — View image In PDF format — View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF forrrmat View image in PDF fomrat View image in PDF format View image in PDF format I View image to PDF format View image in PDF format View image in PDF format View image in PDF format i View image in PDF format httns•//searrnc�iinhi7run/mnnidndf 3/25/22, 9:42 AM Table of Contents (Mark One) road -20210930 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 1 3%yk� � ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended September 30, 2021 OR ❑ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number: 001-38479 CONSTRUCTION PARTNERS, INC. (Exact name of registrant as specified in its charter) Delaware 26-0758017 (State or Other Jurisdiction of (I,R.S. Employer Identification Number) Incorporation or Organization) 290 IIealthwest Drive, Suite 2 Dothan, Alabama 36303 (Address of Principal Executive Offices) (ZIP Code) (334) 673-9763 (Registrant's telephone number, including area code) Securities registered pursuant to Section 12(b) of the Act: Title of Each Class Trading_Symbo p) Name of Each Exchange on Which Registered Class A common stock, par value $0.001 ROAD The Nasdaq Stock Market LLC (Nasdaq Global Select Market) Securities registered pursuant to Section 12(g) of the Act: None. Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ❑ No N Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ❑ No N Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes 9 No ❑ Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S -T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit such files). Yes N No ❑ Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non -accelerated filer, a smaller reporting company, or an emerging growth company. See the definitions of"large accelerated filer," "accelerated filer," "smaller reporting company," and "emerging growth company" in Rule 12b-2 of the Exchange Act. Large accelerated filer Non -accelerated filer Emerging growth company ® Accelerated filer ❑ Smaller reporting company If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ❑ https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 11144 3/25/22,9:42 AM road -20210930 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 2/144 3125/22, 9.42 AM road -20210930 Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404(b) of the Sarbanes-Oxley Act (15 U.S.C. 7262(b)) by the registered public accounting firm that prepared or issued its audit report. Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). Yes ❑ No The aggregate market value of the voting and non-voting common equity held by non -affiliates computed by reference to the price at which the common equity was last sold on March 31, 2021, the last business day of the registrant's most recently completed second fiscal quarter, was $1,012,668,100. As of November 19, 2021, the registrant had 40,738,074 shares of Class A common stock, par value $0.001, and 11,632,270 shares of Class B common stock, par value $0.001, outstanding. DOCUMENTS INCORPORATED BY REFERENCE Portions of the registrant's definitive proxy statement to be filed with the Securities and Exchange Commission within 120 days after the registrant's fiscal year ended September 30, 2021 in connection with the registrant's 2022 annual meeting of stockholders are incorporated by reference into Part III of this report. https://www.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 31144 3/25122, 9:42 AM road -20210930 Table of Contents TABLE OF CONTENTS Cautionary Statement Regarding Forward -Looking Statements PART I Item 1. Business 3 ItemlA. Risk Factors 9 Item I B. Unresolved Staff Comments 23 Item 2. Properties 24 Item 3. Legal Proceedings 24 Item 4. Mine Safety Disclosures 24 PART II Item 5. Market for Registrant's Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities Item 6. Selected Financial Data Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations Item 7A. Quantitative and Qualitative Disclosures About Market Risk Item 8. Financial Statements and Supplementary Data Item 9. Changes in and Disagreements With Accountants on Accounting and Financial Disclosure Item 9A. Controls and Procedures Item 913. Other Information PART III Item 10. Directors, Executive Officers and Corporate Governance Item 11. Executive Compensation Item 12. Security Qwnership of Certain Beneficial Owners and Management and Related Stockholder Matters Item 13. Certain Relationships and Related Transactions. and Director Independence Item 14. Principal Accountant Fees and Services PART IV Item 15. Exhibits, Financial Statements Schedules SIGNATURES 25 26 26 37 39 79 79 79 80 80 80 80 80 81 https:Hmvw.sec.gov/Archives/edgar/data/000171822710001718227210 DOI 07/road-20210930.htm 4/144 3/25/22, 9:42 AM road -20210930 Table of Contents Cautionary Statement Regarding Forward -Looking Statements This report contains forward-looking statements that involve risks and uncertainties, such as statements related to future events, business strategy, future performance, future operations, backlog, financial position, estimated revenues and losses, projected costs, prospects, plans and objectives of management. All statements other than statements of historical fact may be forward-looking statements. Forward-looking statements are often, but not always, identified by the use of words such as "seek," "anticipate," "plan;' :,continue," "estimate," "expect," "may," "will," "project," "predict," "potential," "target," "intend," "could," "might " "should " "believe," "outlook" and similar expressions or their negative. Forward-looking statements should not be read as a guarantee of future performance or results, and will not necessarily be accurate indications of the times at, or by, which such performance or results will be achieved. Forward-looking statements are based on management's belief, based on currently available information, as to the outcome and timing of future events. These statements involve estimates, assumptions, known and unknown risks, uncertainties and other factors that may cause actual results or events to differ materially from those expressed in such forward-looking statements. When evaluating forward-looking statements, you should consider the risk factors and other cautionary statements described below under the heading "Risk Factors." We believe that the expectations reflected in the forward-looking statements contained in this report are reasonable, but no assurance can be given that these expectations will prove to be correct. Important factors that could cause actual results or events to differ materially from those expressed in forward-looking statements include, but are not limited to: • declines in public infrastructure construction and reductions in government funding, including the funding by transportation authorities and other state and local agencies; • risks related to our operating strategy; • competition for projects in our local markets; • risks associated with our capital -intensive business; • a pandemic, such as the pandemic related to the novel strain of coronavirus known as COVID-19 ("COVID-19" ), and the measures that federal, state and local governments take to address it, which may exacerbate one or more of the risks mentioned herein and significantly disrupt or prevent us from operating our business for an extended period; • government inquiries, requirements and initiatives, including those related to funding for public infrastructure construction, land use, environmental, health and safety matters, and government contracting requirements and other laws and regulations; • unfavorable economic conditions and restrictive financing markets; • our ability to successfully identify, manage and integrate acquisitions; • our ability to obtain sufficient bonding capacity to undertake certain projects; • our ability to accurately estimate the overall risks, requirements or costs when we bid on or negotiate contracts that are ultimately awarded to us; • the cancellation of a significant number of contracts or our disqualification from bidding for new contracts; • risks related to adverse weather conditions; • climate change and related laws and regulations; • our substantial indebtedness and the restrictions imposed on us by the terms thereof; • our ability to manage our supply chain in a manner that ensures that we are able to obtain adequate raw materials, equipment and essential supplies; • our ability to retain key personnel and maintain satisfactory labor relations, and to manage or mitigate any labor shortages, turnover and labor cost increases; • properly damage and other claims and insurance coverage issues; • the outcome of litigation or disputes, including employment-related, workers' compensation and breach of contract claims; • risks related to our information technology systems and infrastructure, including cybersecurity incidents; https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 5/144 3/25/22, 9:42 AM road -20210930 • our ability to maintain effective internal control over financial reporting; and https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 61144 3/25/22, 9:42 AM road -20210930 Table of Contents • other events outside of our control. These factors are not necessarily all of the important factors that could cause actual results or events to differ materially from those expressed in forward-looking statements. Other unknown or unpredictable factors could also cause actual results or events to differ materially from those expressed in the forward-looking statements. Our future results will depend upon various other risks and uncertainties, including those described under the heading "Risk Factors." All forward-looking statements attributable to us are qualified in their entirety by this cautionary statement. Forward-looking statements speak only as of the date hereof. We undertake no obligation to update or revise any forward-looking statements after the date on which any such statement is made, whether as a result of new information, future events or otherwise, except as required by law. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 7/144 3/25/22, 9:42 AM Table of Contents FART I Item 1. Business Overview road -20210930 We are a civil infrastructure company that specializes in the construction and maintenance of roadways across Alabama, Florida, Georgia, North Carolina and South Carolina. Through our wholly owned subsidiaries, we provide a variety of products and services to both public and private infrastructure projects, with an emphasis on highways, roads, bridges, airports, and commercial and residential developments. Consistent with our vertical integration strategy, our primary operations consist of (i) manufacturing and distributing hot mix asphalt ("HMA") for both internal use and sales to third parties in connection with construction projects, (ii) paving activities, including the construction of roadway base layers and application of asphalt pavement, (iii) site development, including the installation of utility and drainage systems, (iv) mining aggregates, such as sand, gravel and construction stone, that are used as raw materials in the production of HMA, and (v) distributing liquid asphalt cement for both internal use and sales to third parties in connection with HMA production. Construction Partners, Inc. was formed as a Delaware corporation in 2007 as a holding company for its wholly owned subsidiary, Construction Partners Holdings, Inc., to facilitate an acquisition growth strategy in the HMA paving and construction industry. On December 31, 2019, Construction Partners Holdings, Inc. merged with and into Construction Partners, Inc., with Construction Partners, Inc. surviving the merger. As used in this report, the terms "Company," "we," "our" and "us" refer to Construction Partners, Inc. and its subsidiaries, except when the context requires that those terms mean only the parent company or a particular subsidiary. 2021 Fiscal Year Developments • North Carolina Acquisitions. We completed seven acquisitions in North Carolina during the fiscal year, resulting in the addition of fourteen HMA plants primarily in central and eastern North Carolina, providing us with access to additional markets and expanding our footprint in the state. We also acquired a crushed stone and aggregates facility located near Goldston, North Carolina, that will be used to support our HMA production operations. • Alabama Acquisition. We acquired an HMA production and paving company and its affiliated aggregates company headquartered in Cullman, Alabama. As a result of the acquisition, we added four HMA plants, four aggregates facilities, and a diverse fleet of trucks and construction equipment to support our operations in central and northern Alabama. • Amendment to Credit Agreement. On June 24, 2021, we entered into a Second Amended and Restated Credit Agreement with BBVA USA, as administrative agent, joint lead arranger, sole bookrunner and lender, Regions Bank and BofA Securities, Inc., each as a joint arranger, and certain other lenders (as amended and restated, the "Credit Agreement"). The Credit Agreement provides for a term loan in an initial aggregate principal amount of $200 mullion (the "Term Loan") and a revolving credit facility in an initial aggregate principal amount of $225 million (the "Revolving Credit Facility"). For more information about the Credit Agreement, see Note 11 - Debt to our consolidated financial statements included elsewhere in this report. • COVID-19. We did not incur significant disruptions from the COVID-19 pandemic during the fiscal year ended September 30, 2021. However, we continue to closely monitor the impact of the pandemic on all aspects of our business, including its impact on our customers, employees, suppliers and vendors. Among the primary risks to our business arising from the pandemic are (i) employee absences, which could adversely affect our productivity and our ability to complete projects in accordance with our contractual obligations, and could require us to temporarily close our facilities or project sites, (ii) potential disruptions in our supply chains for raw materials or equipment, whether as a result of facility closures or otherwise, which could increase our labor and materials costs and impair our ability to manufacture HMA or the ability of our subcontractors to complete their required tasks, and (iii) the impact of the COVID-19 pandemic on our customers, which could cause these customers to cancel or delay current or prospective projects or become delinquent in their payments to us for work that we have performed. These risks have materialized in varying degrees since the beginning of the pandemic, but none of these risks, individually or in the aggregate, have significantly impacted our operations to date. In addition, we continue to monitor the impact of the COVID- 19 pandemic on fuel and sales tax revenues, which in turn drive funding levels for public projects in our markets. The extent to which our operations may be impacted by the COVID-19 pandemic will depend on future developments, which are highly uncertain, including the duration of the pandemic, the emergence of different COVID-19 variants, the efficacy and adoption rates of vaccines, and actions by government authorities to contain the outbreak or mitigate the impact of the pandemic. For example, vaccination requirements imposed by our customers or governmental authorities could increase employee turnover, thereby impairing our ability to perform our construction projects. Due to the continued uncertainties https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 8/144 3/25/22, 9:42 AM road -20210930 haps://www.sec.gov/Archives/edgarldata/00017182271000171822721000107/road-20210930.htm 91144 3/25122, 9:42 AM Table of Contents road -20210930 surrounding the COVID-19 pandemic, we are unable to predict the impact that the COVID-19 pandemic will have on our financial position, operating results and cash flows in future periods. • bnflationary Trends. We are subject to the effects of inflation through wage pressures, increases in the cost of raw materials used to produce HMA, and increases in other items, such as fuel, concrete and steel. During the fiscal year ended September 30, 2021, we began to experience an upward trend in several of these inflation -sensitive items. We seek to recover increasing costs by charging higher prices for our products or by including the anticipated price increases in our bids. Due to the relatively short-term duration of our construction contracts, we are generally able to reduce our exposure to price increases on new contracts, but we arc limited in our ability to pass through increased costs for projects already in our backlog. Going forward, continued cost inflation in these areas may require further price adjustments to maintain profit margin, and any price increases may have a negative effect on demand. Our Industry We operate in the large and growing highway and road construction industry and specifically within the asphalt paving materials and services segment. Asphalt paving mix is the most common roadway material used today due to its cost effectiveness, durability and reusability, and minimized traffic disruption during paving, as compared to concrete. Recent growth in our industry has been driven by federal, state and local Department of Transportation ("DOT") budgets, which annually earmark amounts for transportation and infrastructure spending. The federal Fixing America's Surface Transportation Act (the "FAST Act"), which was signed into law in 2015, provided funding for surface transportation infrastructure through September 30, 2020, and a continuing resolution approved in October 2020 extended the FAST Act surface transportation programs by one year and added $13.6 billion to the federal Highway Trust Fund. In November 2021, the federal Infrastructure Investment and Jobs Act (the "IIJA") was signed into law. The IIJA provides for $548 billion in new infrastructure spending over the next five years through a reauthorization of traditional surface transportation programs and additional funding for highways, bridges and airports, among other things. In addition, certain states within our markets have in recent years approved legislation that supports funding for construction of local road, bridge and transit projects. The non - discretionary nature of highway and road construction services and materials supports stable and consistent industry funding. Projects and Customers We provide construction products and services to both public and private infrastructure projects, with an emphasis on highways, roads, bridges, airports, and commercial and residential sites in the southeastern United States. We provide a wide range of large sitework construction, including site development, paving, and utility and drainage systems construction, and supply the HMA required for the projects. Our projects consist of both new construction and maintenance services. Publicly and privately funded projects accounted for approximately 61.3% and 38.7%, respectively, of our fiscal 2021 construction contract revenues. Our public customers include federal agencies, state DOTs and local municipalities. Our private clients include commercial and residential developers and businesses. Our largest customers are state DOTS. However, no DOT accounted for more than 10% of our revenues for the fiscal year ended September 30, 2021, and projects performed for all DOTs accounted for 33.7% of our revenues. Our 25 largest projects accounted for 20.5% of our revenues for the fiscal year ended September 30, 2021. Types of Contracts Our public customer contracts are primarily fixed unit price contracts. Pricing on a fixed unit price contract is typically based on approved quantities. Our private customer contracts are primarily fixed total price contracts, also known as lump sum contracts, which require that the total amount of work be performed for a single price. We also occasionally enter into design -build contracts, which generally are performed under fixed total price contracts. For the majority of our contracts, we receive our final payment upon completion and final acceptance of the services that we were contracted to perform and delivery of the necessary contract closing documents, and our obligations to the owner are complete at that point. For some contracts, we are required to furnish a warranty on our construction. These warranties, when required, are usually one year in length, but can extend up to three years according to the owners' specifications. Historically, warranty claims have not been material to our business. Contract Management We identify potential contracts through a variety of sources, including: (i) subscriber services that consolidate and alert us to contracts open for bidding; (ii) posted solicitations by federal, state and local governmental entities through agency websites, disclosure of long- term infrastructure plans or advertising and other general solicitations; (iii) our business development efforts; and (iv) communications with other participants in our industry. We consider several factors that can create variability in contract performance and our financial results compared to our bid assumptions and methodologies on a contract. As a result, after determining the potential contracts that are available, we decide which contracts to pursue based on a non-exclusive list of factors, which include relevant skills required by the https://www.sec.govIArchivesledgar/data!0001718227/000171822721000107/road-202i 0930.htm 10/144 3/25/22, 9:42 AM road -20210930 contract, the contract size and duration, availability of our personnel and equipment, size and makeup of our current contract backlog, our competitive advantages and disadvantages, our prior experience, the contracting agency or customer, the source of contract 4 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 11/144 3/25/22, 9:42 AM Table of Contents road -20210930 funding, the geographic location, the likely competition, the construction risks, the gross margin opportunities, the penalties or incentives and the type of contract. To ensure the completeness and accuracy of our original bid analysis, the bid preparation for potential projects typically involves three phases. • Phase One: We review the plans and specifications of the project so that we can identify (i) the various types of work involved and related estimated materials, (ii) the contract duration and schedule, and (iii) any unique or risky aspects of the project. • Phase Two: We estimate the cost and availability of labor, materials and equipment, subcontractors and the project team required to complete the contract in accordance with the plans, specifications and construction schedule. Substantially all of our estimates are made on a per-unit basis for each bid item, with the typical contract containing 50 to 200 bid items. • Phase Three: Management conducts a detailed review of the estimate. This review includes an analysis of assumptions regarding (i) cost, approach, means and methods of completing the project, (ii) staffing and productivity and (iii) risk After concluding this detailed review of the cost estimate, management determines the appropriate profit margin to calculate the total bid amount. This profit amount varies according to management's perception of the degree of difficulty of the contract, the existing competitive climate, and the size and makeup of our contract backlog. Throughout this process, we work closely with our project managers so that all issues concerning a contract, including any risks, can be better understood and addressed as appropriate. To ensure that subcontracting costs used in submitting bids for construction contracts do not change, we obtain firm quotations from our subcontractors before submitting a bid. Also, to mitigate the risk of material price changes, we obtain "not to exceed" quotations from our suppliers, which, for projects of longer duration, usually contain price escalator provisions. These quotations typically include quantity guarantees that are tied to our prime contract. We have no obligation for materials or subcontract services beyond those required to complete the respective contracts that we are awarded for which quotations have been provided. After a contract has been awarded and during the construction phase, we monitor our progress by comparing actual costs incurred and quantities completed to date with budgeted amounts and the project schedule. We review our estimates of total forecasted revenue, cost and expected profit for each contract monthly. During the normal course of some projects, we or our customer may initiate modifications or changes to the original contract to reflect, among other things, changes in quantities, specifications or design, method or manner of performance, facilities, materials, site conditions and period for completion of the work. Generally, the scope and price of these modifications are documented in a "change order" to the original contract and reviewed, approved and paid for in accordance with the normal change order provisions of the contract. Occasionally, we are asked to perform extra or change order work as directed by the customer even if the customer has not agreed in advance on the scope or price of the work to be performed. This process may result in disputes over whether the work performed is beyond the scope of the work included in the original contract plans and specifications or, even if the customer agrees that the work performed qualifies as extra work, the price that the customer is willing to pay for the extra work. These disputes may not be settled to our satisfaction_ Even when the customer agrees to pay for the extra work, we may be required to fund the cost of such work for an extended period of time until the change order is approved and funded by the customer. In addition, any delay caused by the extra work may adversely impact the timely scheduling of other work on the contract (or on other contracts) and our ability to meet contract milestone dates. Historically, we have been successful at managing the impacts caused by change orders, and change orders have not had a material adverse effect on our business. Most of our contracts with governmental agencies provide for termination at the convenience of the customer, with requirements to pay us for work performed through the date of termination. The termination of a government contract for the convenience of the customer is an extremely rare occurrence. Many of our contracts contain provisions that require us to pay liquidated damages if specified completion schedule requirements are not met. Historically, we have not been materially adversely affected by liquidated damages provisions. We act as prime contractor on most of our construction projects. As prime contractor, we are responsible for the performance of the entire contract, including subcontract work. To manage the risk of non-performance by our subcontractors, we typically require the subcontractor to furnish a bond or other type of security to guarantee its performance and/or we retain payments in accordance with contract terms until their performance is complete. Disadvantaged business enterprise regulations require us to use our good faith efforts to subcontract a specified portion of contract work done for governmental agencies to certain types of disadvantaged contractors or suppliers. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 12/144 3/25/22, 9:42 AM road -20210930 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 131144 3/25/22, 9:42 AM Table of Contents Contract Backlog road -20210930 At September 30, 2021, our contract backlog was $966.2 million, compared to $608.1 million at September 30, 2020. Contract backlog is a financial measure that generally reflects the dollar value of work that the Company expects to perform in the future. Although contract backlog is not a term recognized under generally accepted accounting principles in the United States ("GAAP"), it is a common measure used in our industry. We generally include a constriction project in our contract backlog at the time it is awarded and to the extent we believe funding is probable. Our backlog generally consists of uncompleted work on contracts in progress and contracts for which we have executed a contract but have not commenced the work. For uncompleted work on contracts in progress, we include (i) executed change orders, (ii) pending change orders for which we expect to receive confirmation in the ordinary course of business and (iii) claims that we have made against our customers for which we have determined we have a legal basis under existing contractual arrangements and as to which we consider collection to be probable. Backlog of uncompleted work on contracts under which work was either in progress or had not yet begun was $725.5 million and $469.7 million at September 30, 2021 and 2020, respectively. Our backlog also includes low bid/no contract jobs, which consist of (i) public bid jobs for which we were the low bidder and no contract has been executed and (ii) private work jobs for which we have been notified that we are the low bidder or have been given a notice to proceed, but no contract has been executed. Low bid/no contract backlog was $240.7 million and $138.4 million at September 30, 2021 and 2020, respectively. At September 30, 2021, we expected approximately 82% of our contract backlog to be completed during the next 12 months. Certain customer contracts contain options that are exercisable at the discretion of our customer to award additional work to us, without requiring us to go through an additional competitive bidding process. In addition, some customer contracts also contain task orders that are signed under master contracts pursuant to which we perform work only when the customer awards specific task orders to us. Awarded contracts that include unexercised contract options and unissued task orders are included in contract backlog to the extent that such options are exercised or the issuance of such task orders is probable. Substantially all of the contracts in our contract backlog, as well as unexercised contract options and unissued task orders, may be canceled or modified at the election of the customer. Historically, we have not experienced material amounts of contract cancellations or modifications. Many projects are added to our contract backlog and completed within the same fiscal year and therefore may not be reflected in our beginning or year-end contract backlog. Contract backlog does not include external sales of HMA, aggregates, and liquid asphalt cement. Insurance and Bonding We maintain general and excess liability, property, workers' compensation and medical insurance, all in amounts consistent with industry practice. In the ordinary course of our business, we are required to provide various types of surety bonds that provide an additional measure of security to the customer for our performance under certain public and private sector contracts. Our ability to obtain surety bonds depends on our capitalization, working capital, past performance, management expertise and external factors, including the capacity of the overall surety market. Surety companies consider such factors in light of the amount of our contract backlog that we have bonded and their underwriting standards. The capacity of the surety market is subject to market-based fluctuations driven primarily by the level of surety industry losses and the degree of surety market consolidation. Competition We compete against multiple competitors in many of the markets in which we operate. Competition is constrained in our industry because participants are limited by the distance that materials can be efficiently transported, resulting in a fragmented market with thousands of participants nationwide, many of which are local or regional operators. Our competitors typically range from small, family-owned companies focused on a single material, product or market to multinational corporations that offer a wide array of construction materials, products and paving and related services. Factors influencing our competitiveness include price, estimating abilities, knowledge of local markets and conditions, project management, financial strength, reputation for quality, aggregate materials availability, and machinery and equipment. We believe that we are well-positioned to compete effectively in the markets in which we operate. Seasonality The activity of our business fluctuates due to seasonality because our business is primarily conducted outdoors. Therefore, seasonal changes and other weather-related conditions, in particular extended snowy, rainy or cold weather in the winter, spring or fall and major weather events, such as hurricanes, tornadoes, tropical storms and heavy snows, can adversely affect our business and operations https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-202l0930.htm 141144 3125/22, 9:42 AM road -20210930 through a decline in both the use of our products and the demand for our services. In addition, construction materials production and shipment levels follow activity in the construction industry, which typically occurs in the spring, summer and fall. Wanner and drier httpsJ/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 15/144 3125/22, 9:42 AM Table of Contents road -20210930 weather during our third and fourth fiscal quarters typically result in higher activity and revenues during those quarters. Our first and second fiscal quarters typically have lower levels of activity due to adverse weather conditions. Our third fiscal quarter varies greatly with spring rains and wide temperature variations. A coal, wet spring increases drying time on projects, which can delay sales in the third fiscal quarter, while a warm, dry spring may facilitate earlier project commencement dates. Sources and Availability of Raw Materials We purchase raw materials, including, but not limited to, diesel fuel, liquid asphalt, other petroleum-based resources, sand and rock from numerous sources. With few exceptions, we do not enter into long-term agreements to purchase raw materials. We receive quotes from suppliers, most with a "not to exceed" price for the quoted product over the life of a project. In the HMA production process, components of a mix include virgin aggregates, such as sand and rock, liquid asphalt, and reclaimed asphalt pavement C'RAP'). We are able to intemally supply RAP, a byproduct of asphalt resurfacing projects, to all of our HMA plants, and virgin aggregates in some of our market areas. The majority of our HMA plants sit in or near suppliers' aggregates facilities, thereby reducing the hauling cost of material to our plant. The price and availability of raw materials may vary from year to year due to market conditions and production capacities. We do not expect a lack of availability of any raw materials over the next 12 months. Government and Environmental Regulations Our operations are subject to stringent and complex federal, state and local laws and regulations governing the environmental, health and safety aspects of our operations or otherwise relating to environmental protection. These laws and regulations impose numerous obligations and limitations on our operations, including: • requirements to obtain a permit or other approval before conducting regulated activities; • restrictions on the types, quantities and concentration of materials that can be released into the environment; • limitation or prohibition of activities on certain lands lying within wilderness, wetlands, and other protected areas; • requirements to comply with specific health and safety criteria addressing worker protection; and • the imposition of substantial liabilities for pollution resulting from our operations. Such federal laws include (i) the Resource Conservation and Recovery Act, the Pollution Prevention Act and the Comprehensive Environmental Response, Compensation and Liability Act, governing solid and hazardous waste management, (ii) the Clean Air Act and the Clean Water Act, protecting air and water resources, and (iii) the Emergency Planning and Community Right -to -Know Act and Toxic Substances Control Act, governing the management of hazardous materials, in addition to analogous state laws. Numerous governmental authorities, such as the Environmental Protection Agency and corresponding state agencies, have the power to enforce compliance with these laws and regulations and the permits issued under them. Such enforcement actions often involve difficult and costly compliance measures or corrective actions. Failure to comply with these laws and regulations may result in the assessment of sanctions, including administrative, civil or criminal penalties, compensatory damages, the imposition of investigatory or remedial obligations, and the issuance of orders limiting or prohibiting some or all of our operations. In addition, we may experience delays in obtaining, or be unable to obtain, required permits, which may delay or interrupt our operations and limit our growth and revenue. Certain environmental laws impose strict liability (i.e., no showing of "fault" is required) as well as joint and several liability for costs required to remediate and restore sites where hazardous substances, hydrocarbons or solid wastes have been stored or released. We may be required to remediate contaminated properties currently or formerly owned or operated by us, regardless of whether such contamination resulted from the conduct of others or from the consequences of our own actions that complied with applicable laws at the time those actions were taken. In connection with certain acquisitions, we could assume, or be required to provide indemnification against, environmental liabilities that could expose us to material losses. Furthermore, the existence of contamination at properties we own, lease or operate could result in increased operational costs or restrictions on our ability to use those properties as intended, including for mining purposes. In certain instances, citizen groups also have the ability to bring legal proceedings against us if we are not in compliance with environmental laws, or to challenge our ability to receive environmental permits that we need to operate. In addition, claims for damages to persons or property, including natural resources, may result from the environmental, health and safety impacts of our operations. Our insurance may not cover all environmental risks and costs or may not provide sufficient coverage if an environmental claim is made against us. Moreover, public interest in the protection of the environment has increased dramatically in recent years. The trend of more expansive and stringent environmental legislation and regulations applied to the construction industry could continue, resulting in increased costs of doing business and consequently affecting profitability. httpsJ/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 16/144 3125/22, 9:42 AM road -20210930 We have incurred, and may in the future incur, significant capital and operating expenditures to comply with such laws and regulations. To the extent that laws are enacted or other governmental action is taken that restricts our operations or imposes more 71144 3/26/22, 9:42 AM Table of Contents road -20210930 stringent and costly operating, waste handling, disposal and cleanup requirements, our business, prospects, financial condition or results of operations could be materially adversely affected. We regularly monitor and review our operations, procedures, and policies for compliance with our operating permits and related laws and regulations. We believe that our operations and facilities, whether owned or leased, are in substantial compliance with applicable environmental laws and regulations and that any existing non-compliance is not likely to have a material adverse effect on our operations or financial condition. Industrial operations, including equipment maintenance and storage, asphalt manufacturing and processing, underground storage tank usage, and other storage and use of hazardous materials and petroleum products, are conducted at our facilities, and in some cases, have been conducted at our facilities for more than 50 years. While we have conducted our operations in substantial compliance with applicable environmental laws, we have, from time to time, identified contamination associated with these activities at certain of our facilities. We have incurred costs in connection with the investigation and remediation of hazardous substances and petroleum products identified at several facilities, and investigation and remediation activities are ongoing at others. We may also become subject to similar liabilities in connection with prior and future acquisitions. We do not believe that liabilities associated with known or potential contamination at any of our facilities will have a material adverse effect on our operations or financial condition. Employees and Human Capital Resources As of September 30, 2021, we employed 805 salaried employees and 2,155 hourly employees. The total number of hourly personnel at a given time is subject to the volume of projects in progress and fluctuates on a seasonal basis. During fiscal year 2021, the number of hourly employees ranged from 1,717 to 2,155 employees and averaged 1,936 employees. We are not subject to any collective bargaining agreements with respect to any of our employees. We believe that we have strong relationships with our employees. Our business depends on a readily available supply of management, supervisory and field personnel. Attracting, training and retaining key personnel has been and will remain critical to our success. Through the use of our management information systems, on-the-job training, and educational seminars, employees are trained to understand the importance of project execution. We place additional focus on training related to estimating, project management and project cost control. Our crews typically specialize in a specific phase of construction, such as grading or paving, with each crew member assigned to a specific task in order to maximize daily production. A core tenet of our organizational philosophy is to promote from within and offer advancement opportunities at all levels of employment, which helps us retain talented employees. Moreover, we proactively recruit additional talent in both conventional and creative manners to fill open positions when promoting internally is not an option. Like others in our industry, we experience some recurring employee turnover; however, we historically have been able to attract sufficient numbers of personnel to support the growth of our operations. Nonetheless, we continue to face competition for experienced workers in all of our markets. We place a great emphasis on the safety of the public, our customers and our employees. To that end, we conduct extensive safety training programs, which have allowed us to maintain a high safety level at our worksites. All newly -hired employees undergo an initial safety orientation, and for certain types of projects and processes, we conduct specific hazard training programs. Our project foremen and superintendents conduct on-site safety meetings, and our full-time safety inspectors make random site safety inspections and perform assessments. In addition, certain operational employees are required to complete a safety course approved by the Occupational Safety and Health Administration ("OSHA") or the Mine Safety and Health Administration ("MSHA"), as applicable. Moreover, we promote a culture of safety by encouraging employees to immediately correct and report all unsafe conditions. Website Information The Company maintains a website at www.constructionpartners.net. Certain corporate governance information, filings with the Securities and Exchange Commission (the "SEC") and other information of potential interest to our stockholders are available free of charge through the "Investors" page of the Company's website. These include, for example, our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and amendments to those reports filed or furnished pursuant to Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). These documents are made available as soon as reasonably practicable after they are filed with, or furnished to, the SEC. Information on, or accessible through, the Company's website is not part of or incorporated into this Annual Report on Form 10-K. We have included the website address only as an inactive textual reference and do not intend for it to be an active link to the website. We will provide electronic or paper copies of our periodic and current reports to stockholders free of charge upon written request to: Construction Partners, Inc., Attention: Corporate Secretary, 290 Healthwest Drive, Suite 2, Dothan, Alabama 36303. In addition, the SEC maintains a website at www.sec.gov that contains reports, proxy and information statements and other information regarding us and other issuers that file electronically with the SEC. https:llwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 18/144 3/25/22, 9:42 AM road -20210930 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 19/144 3/25/22, 9:42 AM Table of Contents Item IA. Risk Factors. road -20210930 An investment in our Class A common stock involves risks. You should carefully read and consider the following risks, as well as all of the other information contained in this report, before making an investment decision. Our business, financial condition and results of operations could be materially and adversely affected by any of these risks. As a result, the trading price of our Class A common stock could decline, and you could lose all or part of your investment. The risks described below are not the only ones that we face. Additional risks not presently known to us or that we currently consider immaterial also may adversely affect us. Risks Related to our Business A significant slowdown or decline in economic conditions, particularly in the southeastern United States, could adversely impact our results of operations. We currently operate in Alabama, Florida, Georgia, North Carolina and South Carolina. A significant slowdown or decline in economic conditions or uncertainty regarding the economic outlook in the United States generally, or in any of these states particularly, could reduce demand for infrastructure projects. Demand for infrastructure projects depends on overall economic conditions, the need for new or replacement infrastructure, the priorities placed on various projects funded by governmental entities and federal, state and local government spending levels. In particular, low tax revenues, credit rating downgrades, budget deficits and financing constraints, including timing and amount of federal funding and competing governmental priorities, could negatively impact the ability of government agencies to fund existing or new public infrastructure projects. In addition, any instability in the financial and credit markets could negatively impact our customers' ability to pay us on a timely basis, or at all, for work on projects already in progress, could cause our customers to delay or cancel construction projects in our contract backlog, and could create difficulties for customers to obtain adequate financing to fund new construction projects, including through the issuance of municipal bonds. Our business depends on federal, state and local government spending for public infrastructure construction, and reductions in government funding could adversely affect our results of operations. During the fiscal year ended September 30, 2021, we generated approximately 61 .3% of our construction contract revenues from publicly funded construction projects and the sale of construction materials to public customers at the federal, state and local levels. As a result, if publicly funded construction decreases due to reduced federal, state or local funding or otherwise, our financial condition, results of operations and liquidity could be materially adversely affected. Federal highway bills provide spending authorizations that represent the maximum amounts available for federally funded construction projects. Each year, Congress passes an appropriation act establishing the amount that can be used for particular programs. The annual funding level is generally tied to receipts of highway user taxes placed in the federal Highway Trust Fund. Once Congress passes the annual appropriation, the federal goverment distributes funds to each state based on formulas or other procedures. States generally must spend these funds on the specific programs outlined in the federal legislation. In recent years, the Highway Trust Fund has faced insolvency as outlays have outpaced revenues. In recent years, annual shortfalls have been addressed primarily by short-term measures. In November 2021, the IIJA was signed into law, which increases federal spending on surface transportation programs and provides additional funding for highways, bridges and airports over a five-year period. Although the law provides for funding at historically high levels, the timing, nature and scale of the projects for which these funds will be used remains uncertain. As a result, we cannot be assured of the existence, timing or amount of future federal highway funding. Federal highway funding is also subject to uncertainties associated with congressionall spending as a whole, including the potential impacts of budget deficits, government shutdowns and federal sequestration. Any reduction in federal highway funding, particularly in the amounts allocated to states in which we operate, could have a material adverse effect on our results of operations. While the incoming administration has announced an infrastructure stimulus plan, we cannot predict the impact, if any, that it or other proposed changes in law and regulations may have on our business. Each state funds its infrastructure spending from specially allocated amounts collected from various state taxes, typically fuel taxes and vehicle fees, as well as from voter -approved bond programs. Shortages in state tax revenues can reduce the amount spent or delay expenditures on state infrastructure projects. Many states have experienced state -level funding pressures caused by lower tax revenues and an inability to finance approved projects. To address these pressures, some states have adopted measures to promote stable funding for infrastructure investment, including special-purpose taxes and increased fuel taxes. Any reduction in state infrastructure funding in the states in which we operate could have a material adverse effect on our results of operations. We derive a significant portion of our revenues from state DOTS. The loss of our ability to competitively bid for certain projects or successfully contract with state DOTs could have a material adverse effect on our business. Our largest customers are state DOTs. During the fiscal year ended September 30, 2021, the Alabama DOT and the North Carolina DOT accounted for 10.8% and 10.3% of our revenues, respectively, and projects performed for all DOTS accounted for 33.7% of our revenues. We believe that we will continue to rely on state DOTS for a substantial portion of our revenues for the foreseeable future. https://www.sec.gov/Archives/edgar/data/0o01718227/00017182272'� 000107/road-20210930.htm 201144 3/25/22, 9:42 AM road -20210930 The loss or reduction of our ability to competitively bid for certain projects or successfully contract with a state DOT could have a material adverse effect on our financial condition, results of operation and liquidity. See Note 2 - Significant Accounting Policies, https://www.sec.gov/Archivestedgar/data/0001718227/0001718227210 0107/road-20210930.htm 21/144 3/25/22, 9:42 AM Table of Contents road -20210930 Concentration of Risks, to the consolidated financial statements included elsewhere in this report for information relating to concentrations of revenues by type of customer and for a description of our largest customers. Government contracts generally are subject to a variety of governmental regulations, requirements and statutes, the violation or alleged violation of which could have a material adverse effect on our business. Our contracts with governmental agencies are generally subject to specific procurement regulations, contract provisions and a variety of socioeconomic requirements relating to their formation, administration, performance and accounting and often include express or implied certifications of compliance. We may be subject to claims for civil or criminal fraud for actual or alleged violations of these governmental regulations, requirements or statutes. In addition, we may also be subject to qui tam litigation brought by private individuals on behalf of the government under the federal False Claims Act, which could include claims for treble damages. Further, if we fail to comply with any of these regulations, requirements or statutes, or if we have a substantial number of workplace safety violations, our existing government contracts could be terminated, and we could be suspended from government contracting or subcontracting, including federally funded projects at the state level. Even if we have not violated these regulations, requirements or statutes, allegations of violations or defending qui tam litigation could harm our reputation and require us to incur material costs to defend any such allegations or lawsuits. Any one or more of these events could have a material adverse effect on our financial condition, results of operations, cash flow and liquidity. The cancellation of a significant number of contracts, our disqualification from bidding on new contracts and the unpredictable timing of new project opportunities could have a material adverse effect on our business. Government contracts typically can be canceled at any time, with us receiving payment only for the work completed. The cancellation of an unfinished contract could result in lost revenues and cause our equipment to be idled for a significant period of time until other comparable work becomes available. In addition, we could be prohibited from bidding on certain government contracts if we fail to maintain qualifications required by those entities. For example, various laws, including those governing wages, benefits, overtime, working conditions, equal employment opportunity, affirmative action and drug testing, provide for mandatory suspension and/or debarment of contractors in certain circumstances involving violations of those laws. In addition, federal and state laws provide for discretionary suspension and/or debarment in certain circumstances, including as a result of being convicted of, or being found civilly liable for, fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract. The scope and duration of any suspension or debarment may vary depending upon the facts of a particular case and the grounds for debarment. Finally, the timing of project awards is unpredictable and outside of our control. Project awards, including expansions of existing projects, often involve complex and lengthy negotiations and competitive bidding processes. If we are unable to accurately estimate the overall risks, revenues or costs on our projects, we may incur contract losses or achieve lowerprofts than anticipated. Pricing on fixed unit price contracts is based on approved quantities irrespective of our actual costs, and contracts with a fixed total price require that the work be performed for an agreed-upon price irrespective of our actual costs. We only generate profits on fixed unit price and fixed total price contracts when our revenues exceed our actual costs, which requires us to accurately estimate our costs, control our actual costs and avoid cost overruns. If our cost estimates are too low or if we do not perform the contract within our cost estimates, then cost overruns may cause us to incur a loss or cause the contract not to be as profitable as we expected. The costs incurred and profit realized, if any, on our contracts can vary, sometimes substantially, from our original projections due to a variety of factors, including, but not limited to; • the failure to include materials or work in a bid, or the failure to estimate properly the quantities or costs needed to complete a fixed total price contract; • delays caused by weather conditions or otherwise failing to meet scheduled acceptance dates; • contract or project modifications or conditions creating unanticipated costs that are not covered by change orders; • changes in the availability, proximity and costs of materials, including liquid asphalt cement, aggregates and other construction materials, as well as fuel and lubricants for our equipment; • to the extent not covered by contractual cost escalators, variability in, and our inability to predict, the costs of diesel fuel, liquid asphalt and cement; • the availability and skill level of workers; • onsite conditions that differ from those assumed in the original bid; https:/Jwww.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 221144 3/25/22, 9:42 AM road -20210930 • the failure by our suppliers, subcontractors, designers, engineers or customers to perform their obligations; 10 httpsJ/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 231144 3/25/22, 9:42 AM Table of Contents road -20210930 • fraud, theft or other improper activities by our suppliers, subcontractors, designers, engineers, customers or our own personnel; • mechanical problems with our machinery or equipment; • citations issued by a government authority, including OSHA or MSHA; • difficulties in obtaining required government permits or approvals; • changes in applicable laws and regulations; • uninsured claims or demands from third parties for alleged damages arising from the design, construction or use and operation of a project of which our work is part; and • public infrastructure customers seeking to impose contractual risk -shifting provisions that result in increased risks to us. These and other factors may cause us to incur losses, which could have a material adverse effect on our financial condition, results of operations or liquidity. Because our industry is capital -intensive and we have significant fixed and semi fixed costs, our profitability is sensitive to changes in volume. The property, plants and equipment needed to produce our products and provide our services can be very expensive. We must spend a substantial amount of capital to purchase and maintain such assets. Although we believe our current cash balance, along with our projected internal cash flows and available financing sources, will provide sufficient cash to support our currently anticipated operating and capital needs, if we are unable to generate sufficient cash to purchase and maintain the property, plants and equipment necessary to operate our business, or if the timing of payments on our receivables is delayed, we may be required to reduce or delay planned capital expenditures or to incur additional indebtedness. In addition, due to the level of fixed and semi -fixed costs associated with our business, particularly at our HMA production facilities, aggregates facilities and our mobile equipment fleets, volume decreases could have a material adverse effect on our financial condition, results of operations or liquidity. The success of our business depends, in part, on our ability to execute on our acquisition strategy, to successfully integrate acquired businesses and to retain key employees of acquired businesses. Since our inception, we have acquired and integrated 31 complementary businesses, which have contributed significantly to our growth. We continue to evaluate strategic acquisition opportunities that have the potential to support and strengthen our business, including acquisitions in the southeastern United States, as part of our ongoing growth strategy. We cannot predict the timing or size of any future acquisitions. To successfully acquire a significant target, we may need to raise additional equity and/or incur additional indebtedness, which could increase our leverage level. There can be no assurance that we will be able to identify and complete acquisition transactions on favorable terms, or at all. The investigation of acquisition candidates and the negotiation, drafting and execution of relevant agreements, disclosure documents and other instruments require substantial management time and attention and costs for accountants, attorneys and others. If we fail to complete any acquisition for any reason, including events beyond our control, the costs incurred up to that point for the proposed acquisition likely would not be recoverable. Acquisitions typically require integration of the acquired company's estimation, project management, finance, information technology, risk management, purchasing and fleet management functions. We may be unable to successfully integrate an acquired business into our existing business, and an acquired business may not be as profitable as we had expected or at all. Acquisitions involve risks that the acquired business will not perform as expected and that our expectations concerning the value, strengths and weaknesses of the acquired business will prove incorrect. Our inability to successfully integrate new businesses in a timely and orderly manner could increase costs, reduce profits or generate losses and prevent us from realizing expected rates of return on an acquired business. Factors affecting the successful integration of an acquired business include, but are not limited to, the following: our responsibility for certain liabilities of an acquired business, whether or not known to us, which could include, among other things, tax liabilities, product and other tort liabilities, breach of contract claims, environmental liabilities, permitting and regulatory compliance issues and liabilities for employment practices; • our ability to retain local managers and key employees who are important to the operations of an acquired business; • the attention required by our senior management and the management of an acquired business for integration efforts, which could decrease the time that they have to service and attract customers; https://www.sec,gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 241144 3125/22, 9:42 AM • our ability to effectively utilize new equipment that we acquire; road -20210930 https:/IwYAN.sec.gov/Archivestedgar/data/0001 718227/000171822721000107/road-20210930.htm 251144 3/25/22, 9:42 AM Table of Contents road -20210930 • the implementation of our financial and management information systems, business practices and policies; • our pursuit of multiple acquisition opportunities simultaneously; and unforeseen expenses, complications and delays, including difficulties in employing sufficient staff and maintaining operational and management oversight. In addition, potential acquisition targets may be in states in which we do not currently operate, which could result in unforeseen operating difficulties and difficulties in coordinating geographically dispersed operations, personnel and facilities and subject us to additional and unfamiliar legal requirements. We cannot guarantee that we will achieve synergies and cost savings in connection with future acquisitions. Many of the businesses that we previously acquired, and businesses that we may acquire in the future, could have unaudited financial statements that are prepared by management and are not independently reviewed or audited, and such financial statements could be materially different if they were independently reviewed or audited. We cannot guarantee that we will continue to acquire businesses at valuations consistent with our prior acquisitions or that we will complete future acquisitions at all. We also cannot know whether there will be attractive acquisition opportunities at reasonable prices, that financing will be available or that we can successfully integrate acquired businesses into our existing operations. In addition, our results of operations from these acquisitions could, in the future, result in impairment charges for any of our intangible assets, including goodwill or other long-lived assets, particularly if economic conditions worsen unexpectedly. We may lose business to competitors that underbid its and may be unable to compete favorably in our highly competitive industry. Most of our project awards are determined through a competitive bidding process in which price is the determining factor. Because of the high cost of transporting HMA, our ability to win a project award is often influenced by the distance between a work site and our HMA plants. We compete against multiple competitors in many of the markets in which we operate. Some of our competitors are larger than we are and are vertically integrated. As a result, our competitors may be able to bid at lower prices than we can due to the location of their plants or as a result of their size or vertical integration advantages. Government funding for public infrastructure projects is limited, contributing to competition for the limited number of public projects available. An increase in competition may result in a decrease in new project awards to us at acceptable profit margins. In addition, in the event of a downturn in private residential and commercial construction, the competition for available public infrastructure projects could intensify, which could materially and adversely impact our financial condition, results of operations or liquidity. We may be unable to obtain or maintain sufficient bonding capacity, which could preclude us from bidding on certain projects. A significant number of our contracts require performance and payment bonds. Sureties typically issue or continue bonds on a project - by -project basis, and they can decline to do so at any time or require the posting of additional collateral as a condition thereto. Our ability to obtain performance and payment bonds primarily depends on our capitalization, working capital, past performance, management expertise, reputation and certain external factors, including the overall capacity of the surety market. Events that adversely affect the insurance and bonding markets generally may result in bonding becoming more difficult or costly to obtain in the future. If we are unable to obtain or renew a sufficient level of bonding, or if bonding costs were to increase, we may be precluded from bidding on certain projects or successfully contracting with certain customers, which could limit the aggregate dollar amount of contracts that we are able to pursue. In addition, even if we are able to successfully renew or obtain performance or payment bonds, we may be required to post letters of credit in connection with such bonds, which could negatively affect our liquidity and results of operations. Our business is seasonal and subject to adverse weather conditions, which can adversely impact our business. Our construction operations occur outdoors in an area of the country in which hurricanes, tornadoes and tropical storms are common and snow frequently occurs in certain markets in the winter. As a result, seasonal changes and adverse weather conditions, such as extended snowy, rainy or cold weather, can adversely affect our business operations through a decline in the use and production of HMA, a decline in the demand for our construction services, alterations and delays in our construction schedules, and reduced efficiencies in our contracting operations, resulting in under -utilization of crews and equipment and lower contract profitability. Climate change may lead to increased extreme weather and changes in precipitation and temperature, including natural disasters. Should the impact of climate change be significant or occur for lengthy periods of time, our financial condition or results of operations would be adversely affected. 12 https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 26/144 3/25/22, 9:42 AM Table of Contents road -20210930 We depend on our information technology systems andprocesses, which are subject to cybersecurity and data leakage risks. We depend on information technology systems and infrastructure that could be damaged or interrupted by a variety of factors. Any significant breach, breakdown, destruction or interruption of these systems has the potential to negatively affect our operations. We could experience a business interruption, theft of information or reputational damage as a result of a cyber attack, such as the infiltration of a data center, or data leakage of confidential information either intemally or through our third -party providers. Although we have invested in the protection of our data and information technology to reduce these risks and periodically test the security of our information systems network, there can be no assurance that our efforts will prevent breakdowns or breaches in our systems that could have a material adverse effect on our financial condition, results of operations and liquidity. Similarly, our suppliers rely extensively on computer systems to process transactions and manage their businesses and, thus, are also at risk from, and may be impacted by, cybersecurity attacks. An interruption in the business operations of our suppliers and other third parties with which we do business resulting from a cybersecurity attack could indirectly impact our business operations. Design -build contracts subject its to the risk of design errors and omissions. Design -build contracts are used as a method of project delivery that provides the owner with a single point of responsibility for both design and construction. We generally subcontract design responsibility to architectural and engineering firms. However, in the event of a design error or omission that causes damages, there is a risk that the subcontractor and/or its errors and omissions insurance would not be able to absorb the full amount of the liability incurred. In this case, we may be responsible for the remaining liability, which could damage our reputation and adversely affect our financial position, results of operations, cash flows and liquidity. From time to time, we enter into joint venture contracts to perform certain projects, and these arrangements expose us to certain risks and uncertainties that are outside of our control. From time to time, we perform construction projects as part of a joint venture, under which our relationship to the other joint venture partners is governed by a written contract. Participation in these arrangements exposes us to risks and uncertainties, including the risk that our partners may fail to perform under the contracts, which could subject us to contractual liability. In addition, if our partners are not able or willing to provide their share of capital investment to fund the operations of the venture or the joint venture arrangement is terminated, there could be unanticipated costs to complete the project, or we could be liable for financial penalties or liquidated damages. In the event that we are not the controlling partner in the joint venture, we may have limited control over the decisions made with respect to the project. The occurrence of any of the foregoing could have a material adverse effect on our financial position, results of operations, cash flows and liquidity. Our continued success requires us to hire, train and retain qualified personnel and subcontractors in a competitive industry. The success of our business depends on our ability to attract, train and retain qualified, reliable personnel, including, but not limited to, our executive officers and key management personnel. In addition, we rely on engineers, project management personnel, and other employees and qualified subcontractors who possess the necessary and required experience and expertise to perform their respective services at a reasonable and competitive rate. Competition for these and other experienced personnel is intense, and it may be difficult to attract and retain qualified individuals with the requisite expertise and within the time frame demanded by our customers. In certain geographic areas, for example, we may not be able to satisfy the demand for our services because of our inability to successfully hire, train and retain qualified personnel. Also, it could be difficult to replace personnel who hold credentials that may be required to perform certain government projects and/or who have significant government contract experience. As some of our executives and other key personnel approach retirement age, we must provide for smooth transitions, which may require that we devote time and resources to identify and integrate new personnel into vacant leadership roles and other key positions. If we are unable to attract and retain a sufficient number of skilled personnel or effectively implement appropriate succession plans, our ability to pursue projects and our strategic plan may be adversely affected, the costs of executing both our existing and future projects may increase, and our financial performance may decline. In addition, the cost of providing our services, including the extent to which we utilize our workforce, affects our profitability. For example, the uncertainty of contract award timing can present difficulties in matching our workforce size with our contracts. If an expected contract award is delayed or not received, we could incur costs resulting from excess staff or redundancy of facilities that could have a material adverse impact on our business, financial condition and results of operations. Our results of operations can be adversely affected by labor shortages, turnover and labor cost increases. Labor is a primary component of operating our business. A number of factors may adversely affect the labor force available to us or increase labor costs from time to time, including high employment levels, federal unemployment subsidies, including unemployment benefits offered in response to the COVID-19 pandemic, and other government regulations. Although we have not experienced any https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 271144 3/25/22, 9:42 AM road -20210930 material disruptions due to labor shortages to date, we have observed an overall tightening and increasingly competitive labor market. A sustained labor shortage or increased turnover rates within our employee base, whether caused by COVID-19 or as a result of 13 https:/Iwww.sec.gov/Archives/edgarldata/00017182271000171822721000107/road-20210930.htm 28/144 3/25/22, 9:42 AM Table of Contents road -20210930 general macroeconomic factors, could lead to increased costs, such as increased overtime to meet demand and increased wage rates to attract and retain employees, and could negatively affect our ability to complete our construction projects according to the required schedule or otherwise efficiently operate our business. If we are unable to hire and retain employees capable of performing at a high level, or if mitigation measures we may take to respond to a decrease in labor availability, such as overtime and third -party outsourcing, have unintended negative effects, our business could be adversely affected. In addition, we distribute our products and receive raw materials primarily by truck. Reduced availability of trucking capacity due to shortages of drivers, primarily as a result of the COVID- 19 pandemic, has caused an increase in the cost of transportation for us and our suppliers. An overall labor shortage, lack of skilled labor, increased turnover or labor inflation, caused by COVED -19 or as a result of general macroeconomic factors, could have a material adverse impact on our operations, results of operations, liquidity or cash flows. We depend on Surd parties for equipment and supplies essential to operate our business. We rely on third parties to sell or lease real property, plants and equipment to us and to provide us with supplies, including liquid asphalt cement, aggregates and other construction materials necessary for our operations. The inability to purchase or lease the properties, plants or equipment that are necessary for our operations could severely impact our business. If we lose our supply contracts and receive insufficient supplies from third parties to meet our customers' needs, or if our suppliers experience price increases or disruptions to their business, such as labor disputes, supply shortages, financial or regulatory difficulties or distribution problems, our ability to bid for or complete contracts could be impaired, in which case our business, financial condition, results of operations, liquidity and cash flows would be materially and adversely affected. Supply chain issues, including shortages of raw materials needed for HMA production, equipment, vehicles and construction supplies, could increase our costs or cause delays in our ability to complete our projects, which could have an adverse impact on our business and our relationships with customers. We rely on our supply chain for raw materials to manufacture HMA and for equipment, vehicles and construction supplies in order to complete our projects. A reduction or interruption in supply, including disruptions due to the COVID-19 pandemic, a significant natural disaster, shortages in global freight capacity, significant increases in the price of critical components and raw materials, a failure to appropriately forecast or adjust our requirements based on our business needs, or volatility in demand for our products and services could materially adversely affect our business, operating results, and financial condition and could materially damage customer relationships. Our vendors and subcontractors also may be unable to meet our demand, significantly increase lead times for deliveries or impose significant price increases that we are unable to offset through alternate sources of supply, price increases to our customers or increased productivity in our operations. In some cases, we procure certain inputs and services from single or limited suppliers or subcontractors. In the event of supply disruptions from these suppliers or subcontractors, we may not be able to diversify our resources for such materials or services in a timely manner or may experience quality issues with alternate sources. Our growth and ability to meet customer demand depend in large part on our ability to obtain timely deliveries of raw materials, plant components, equipment and vehicles from our suppliers, and significant disruptions in their supply could materially adversely affect our business, operating results, and financial condition and could materially damage customer relationships. We consume natural gas, electricity, diesel fuel, liquid asphalt and other petroleum-based resources that are subject to potential reliability issues, supply constraints and signifi'cantpriee fluctuations. In our production and distribution processes, we consume significant amounts of natural gas, electricity, diesel fuel, liquid asphalt and other petroleum-based resources. The availability and pricing of these resources are subject to market forces that are beyond our control, such as unavailability due to refinery turnarounds, higher prices charged for petroleum-based products, and other factors. Furthermore, we are vulnerable to any reliability issues expe-lenced by our suppliers, which also are beyond our control. Our suppliers contract separately for the purchase of such resources, and our sources of supply could be interrupted if our suppliers are unable to obtain these materials due to higher demand or other factors that interrupt their availability. Additionally, increases in the costs of fuel and other petroleum-based products utilized in our operations, particularly increases following a bid based on lower costs for such products, could result in a lower profit, or a loss, on a contract. Variability in the supply and prices of these resources could have a material adverse effect on our financial condition, results of operations and liquidity. Our contract backlog is subject to reductions in scope and cancellations and therefore could be an unreliable indicator of our future earnings. At September 30, 2021, our contract backlog was $966.2 million, compared to $608.1 million at September 30, 2020. Our contract backlog generally consists of construction projects for which we either have an executed contract or commitment with a client or have submitted the current low bid. Contract backlog does not include external sales of HMA, aggregates, and liquid asphalt cement. Moreover, our contract backlog reflects our expected revenues from the contract, commitment or bid, which is often subject to revision https:/lwww.sec.govlArchivesledgar/data/0001718227/000171822721000107/road-20210930.htm 29/144 3/25/22, 9:42 AM road -20210930 over time. We cannot guarantee that the revenues projected in our contract backlog will be realized or, if realized, will be profitable. Projects reflected in our contract backlog may be affected by project cancellations, scope adjustments, time extensions or other changes. Such changes may adversely affect the revenues and profit we ultimately realize on these projects. 14 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 30/144 3/25/22, 9:42 AM Table of Contents road -20210930 Failure of our subcontractors to pet form as expected could have a negative impact on our results. We rely on third -party subcontractors to perform some of the work on many of our contracts, but we are ultimately responsible for the successful completion of their work. Although we often require bonding or other forms of guarantees from our subcontractors, we are not always able to obtain such bonds or guarantees. In situations where we are unable to obtain a bond or guarantee, we may be responsible for the failures on the part of our subcontractors to perform as anticipated. In addition, if the total costs of a project exceed our original estimates, we could experience reduced profits or a loss for that project. The construction services industry is highly schedule -driven, and our failure to meet the schedule requirements of our contracts could adversely affect our reputation: and/or expose as to financial liability. In some instances, including in the case of many of our fixed unit price contracts, we guarantee that we will complete a project by a certain date. Any failure to meet the contractual schedule or satisfy the completion requirements set forth in our contracts could subject us to responsibility for costs resulting from the delay, generally in the form of contractually agreed-upon liquidated damages, liability for our customer's actual costs arising out of our delay, reduced profits or a loss on that project, and/or damage to our reputation, any of which could have a material adverse impact on our financial position, results of operations, cash flows and liquidity. An inability to secure sufficient aggregates reserves could have a negative impact on our future results of operations. Strict governmental regulations and the limited number of properties containing useful aggregates reserves have made it increasingly challenging and costly to obtain sufficient aggregates to support our business, both with respect to internal use and third -party sales. If we are unable to obtain adequate reserves to support our business, then our financial position, results of operations, cash flows and liquidity may be adversely affected. A failure to obtain or maintain adequate insurance coverage could adversely affect our results of operations. We maintain insurance coverage as part of our overall risk management strategy and pursuant to our financing agreements and a majority of our contracts that require us to maintain specific types and amounts of coverage. Although we have been able to obtain reasonably priced insurance coverage to meet our requirements in the past, there is no assurance that we will be able to do so in the future. For example, catastrophic events can result in decreased coverage limits, more limited coverage, and increased premium costs or deductibles. If we are unable to obtain adequate insurance coverage, we would be subject to increased out-of-pocket expenses in the event of a claim and we may not be able to procure certain contracts, either of which could materially adversely affect our financial position, results of operations, cash flows or liquidity. We may be unable to identify and contract with qualified "disadvantaged business enterprises" to perform as subcontractors, which could cause us to breach certain contracts with governmental customers. Some of our contracts with governmental agencies contain minimum "disadvantaged business enterprise" ("DBE') participation clauses, which require us to maintain a requisite level of DBE participation. If we fail to obtain or maintain the required level of DBE participation, we could be held responsible for breach of contract. Such a breach could impair our ability to bid on future projects and could require us to pay monetary damages. To the extent that we are responsible for monetary damages, the total costs of the project could exceed our original estimates, we could experience reduced profits or a loss for that project and there could be a material adverse impact to our financial position, results of operations, cash flows or liquidity. Failure to maintain safe work sites could result in significant losses, which could materially affect our business and reputation. Because our employees and others are often in close proximity with mechanized equipment, moving vehicles, chemical substances and dangerous manufacturing processes, our construction and maintenance sites are potentially dangerous workplaces. Therefore, safety is a primary focus of our business and is critical to our reputation and performance. We are often responsible for safety on the project sites where we work. In addition, many of our customers require that we meet certain safety criteria to be eligible to bid on contracts, and some of our contract fees or profits are subject to satisfying safety criteria. Unsafe work conditions also can increase employee turnover, which increases project costs and therefore our overall operating costs. If we fail to implement effective safety procedures, our employees could be injured, the completion of a project could be delayed, or we could be exposed to investigations and possible litigation. Our failure to maintain adequate safety standards through our safety programs could also result in reduced profitability or the loss of projects or clients. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 31/144 3/25/22, 9:42 AM road -20210930 Table of Contents Legal and Regulatory Risks We could incur material costs and losses as a result of claims that our products do not meet regulatory requirements or contractual specifications. We provide our customers with products designed to comply with building codes or other regulatory requirements, as well as any applicable contractual specifications, including, but not limited to, with respect to durability, compressive strength and weight-bearing capacity. If our products do not satisfy these requirements and specifications, material claims may arise against us, our reputation could be damaged and, if any such claims are for an uninsured, non -indemnified or product -related matter, then resolution of such claim against us could have a material adverse effect on our financial condition, results of operations or liquidity. We are, and may continue to be, involved in routine litigation and government inquiries in the ordinary course of business. Due to the nature of our business, we are involved in routine litigation or subject to other disputes or claims related to our business activities, including, among other things, workers' compensation claims, employment-related disputes and issues related to liability, breach of contract or tortious conduct in connection with our performance of services and provision of materials. We are also subject to government inquiries in the ordinary course of business seeking information concerning our compliance with government construction contracting requirements and various laws and regulations, the outcome of which cannot be predicted with certainty. The outcomes of these inquiries and legal proceedings are not expected to have a material effect on our financial position or results of operations on an individual basis, although adverse outcomes in a significant number of such ordinary course inquiries and legal proceedings could, in the aggregate, have a material adverse effect on our financial condition and results of operations. Environmental laws and regulations and any changes to, or liabilities arising under, such laws and regulations could have a material adverse effect on our financial condition, results of operations and liquidity. Our operations are subject to stringent and complex federal, state and local laws and regulations governing the discharge of materials into the environment or otherwise relating to environmental protection and public health and safety. These laws and regulations impose numerous obligations applicable to our operations, including requirements to obtain a permit or other approval before conducting regulated activities; restrictions on the types, quantities and concentration of materials that can be released into the environment; limitations on activities on certain lands lying within wilderness, wetlands, and other protected areas; and assessments of substantial liabilities for pollution resulting from our operations. For example, a number of governmental bodies have finalized, proposed or are contemplating legislative and regulatory actions to reduce emissions of greenhouse gases, such as monitoring, reporting and emissions control requirements for certain large sources of greenhouse gases and greenhouse gas cap -and -trade programs. Because we emit greenhouse gases through the manufacture of HMA products and through the combustion of fossil fuels as part of our mining and road construction services, any such laws and regulations applicable to jurisdictions in which we operate could require us to incur costs to reduce greenhouse gas emissions associated with our operations. We have in the past been, and may in the future be, required to remediate contaminated properties currently or formerly owned or operated by us or third -party facilities that receive waste generated by our operations, regardless of whether such contamination resulted from our own actions or those of others and whether such actions complied with applicable laws at the time they were taken. In connection with certain acquisitions, we could assume, or be required to provide indemnification against, environmental liabilities that could expose us to material losses. Furthermore, the existence of contamination at properties that we own, lease or operate could result in increased operational costs or restrictions on our ability to use those properties as intended, including for mining purposes. Numerous government authorities, such as the U.S. Environmental Protection Agency (the "EPA") and analogous state agencies, have the power to enforce compliance with these laws and the permits issued under them. Such enforcement actions often involve difficult and costly compliance measures or corrective actions. Certain environmental laws impose strict liability (i.e., no showing of "fault" is required) or joint and several liability for costs required to remediate and restore sites where hazardous substances, hydrocarbons or solid wastes have been stored or released. Failure to comply with these laws and regulations may result in the assessment of sanctions, including administrative, civil or criminal penalties, compensatory damages, the imposition of investigatory or remedial obligations, and the issuance of orders limiting or prohibiting some or all of our operations. In addition, we may experience delays in obtaining, or be unable to obtain, required permits, which may delay or interrupt our operations and limit our growth and revenue. In certain instances, citizen groups also have the ability to bring legal proceedings against us if we are not in compliance with environmental laws, or to challenge our ability to receive environmental permits that we need to operate. In addition, claims for damages to persons or property, including natural resources, may result from the environmental, health and safety impacts of our operations. Our insurance may not cover all environmental risks and costs or may not provide sufficient coverage if an environmental claim is made against us. Moreover, public interest in the protection of the environment has increased dramatically in recent years. The https:/Avww.sec.gov/Archives/edgar/data/000171822V0001 71822721000107/road-20210930.htm 32/144 3/25/22, 9:42 AM road -20210930 trend of more expansive and stringent environmental legislation and regulations applied to our industry could continue, resulting in increased costs of doing business and, consequently, affecting profitability. 16 https://www.sec.gov/Archives/edger/data/0001718227/000171822721000107/road-20210930.htm 33/144 3/25/22, 9:42 AM Table of Contents road -20210930 Climate change and related laws and regulations could adversely affect us. The potential impact of climate change on our operations and our customers remains uncertain. The primary risk that climate change poses to our business is the potential for increases in the volume, frequency and intensity of rainfall and tropical storms, which would impair our ability to perform our construction projects. Climate change could also lead to disruptions in our supply chain, thereby impairing our production capabilities, or the distribution of our products due to major storm events or prolonged adverse conditions, changing temperature levels or flooding from sea level changes, especially in our coastal markets. These changes could be severe and could negatively impact demand for our products and services. In addition, governmental initiatives to address climate change could, if adopted, restrict our operations, require us to make capital expenditures to comply with these initiatives, increase our costs, impact our ability to compete or negatively impact efforts to obtain permits, licenses and other approvals for existing and new facilities. Our inability to timely respond to the risks posed by climate change and the costs of compliance with climate change laws and regulations could have a material adverse impact on us. Our operations are subject to special hazards that may cause personal injury or property damage, subjecting us to liabilities and possible losses that may not be covered by insurance. Operating hazards inherent in our business, some of which may be outside of our control, can cause personal injury and loss of life, damage to or destruction of property, and environmental damage. We maintain insurance coverage in amounts and against risks that we believe are consistent with industry practice, but this insurance may be inadequate or unavailable to cover all losses or liabilities we may incur in our operations. Our insurance policies are subject to varying levels of deductibles. Losses up to our deductible amounts are accrued based on our estimates of the ultimate liability for claims incurred and an estimate of claims incurred but not reported. However, liabilities subject to insurance are difficult to estimate due to unknown factors, including the severity of an injury, the determination of our liability in proportion to other parties, the number of unreported incidents and the effectiveness of our safety programs. If we experience insurance claims or costs above our estimates, we may be required to use working capital to satisfy these claims rather than for maintaining or expanding our operations. Mandatory CO VID-19 vaccination of employees could impact our workforce and have a material adverse effect on our business and results of operations. On November 5, 2021, OSHA published an emergency temporary standard mandating that all employers with at least 100 employees require all of their employees to be fully vaccinated on or before January 4, 2022 or tested weekly for COVID-19 (the "ETS'). As a company with more than 100 employees, we are subject to the ETS. At this time, it is not possible to predict with certainty whether the ETS will remain in effect or be invalidated by the courts, and we cannot predict the exact impact that the ETS will have on us or on our workforce. If the ETS takes effect, the ETS may result in employee attrition, which could materially adversely affect future revenues and costs and could have a material adverse effect on our business and results of operations. Our failure to comply with immigration laws could result in significant liabilities, harm our reputation with our customers and disrupt our operations. Although we take steps to verify the employment eligibility status of all our employees, some of our employees may, without our knowledge, be unauthorized workers. Unauthorized workers are subject to deportation and may subject us to fines or penalties and, if any of our workers are found to be unauthorized, we could experience adverse publicity that could make it more difficult to hire and retain qualified employees. Termination of a significant number of unauthorized employees may disrupt our operations, cause temporary increases in our labor costs as we train new employees and result in additional adverse publicity. We could also become subject to fines, penalties and other costs related to claims that we did not fully comply with all recordkeeping obligations of federal and state immigration laws. If we fail to comply with these laws, our operations may be disrupted, and we may be subject to fines or, in extreme cases, criminal sanctions. In addition, many of our customer contracts specifically require compliance with immigration laws, and, in some cases, our customers audit compliance with these laws. Further, several of our customers require that we ensure that our subcontractors comply with these laws with respect to the workers that perform services for them. A failure to comply with these laws or to ensure compliance by our subcontractors could damage our reputation and may cause our customers to cancel contracts with us or to not award future business to us. These factors could adversely affect our results of operations and financial position. 17 https://www.sec.gov/Archives/edgar/data/0001 718227/000171822721000107/road-20210930.htm 341144 3/25/22,9:42 AM Table of Contents Financial Risks road -20210930 Our substantial indebtedness could adversely affect our financial condition and prevent us from fulfilling our obligations. Our debt consists primarily of our borrowings under the Credit Agreement, which, as of September 30, 2021, provided for a $200.0 million Term Loan and a $225.0 million Revolving Credit Facility. A significant portion of our cash flow is required to pay interest and principal on our outstanding indebtedness, and we may be unable to generate sufficient cash flow from operations, or have future borrowings available, to enable us to repay our indebtedness or to fund other liquidity needs. Among other consequences, this level of indebtedness could: • require us to use a significant percentage of our cash flow from operations for debt service and the satisfaction of repayment obligations, and not for other purposes; • limit our ability to borrow money or issue equity to fund our working capital, capital expenditures, acquisitions and debt service requirements; • cause our interest expense to increase if there is a general increase in interest rates, because a portion of our indebtedness bears interest at floating rates; • limit our flexibility in planning for or reacting to changes in our business and future business opportunities; • cause us to be more highly leveraged than some of our competitors, which may place us at a competitive disadvantage; • make us more vulnerable to a downturn in our business or the economy; and • limit our ability to exploit business opportunities. Although the Credit Agreement restricts our ability to incur additional indebtedness, these restrictions are subject to a number of qualifications and exceptions, and we could incur substantial additional indebtedness in compliance with these restrictions. This could reduce our ability to satisfy our current obligations and further exacerbate the risks to our financial condition described above. The Credit Agreement restricts our ability to engage in some business and financial transactions. The Credit Agreement contains a number of covenants that limit our ability to incur additional indebtedness or guarantees, create liens on assets, change our or our subsidiaries' fiscal year, enter into sale and leaseback transactions, enter into certain restrictive agreements, engage in mergers or consolidations, participate in partnerships and joint ventures, sell assets, incur additional liens, pay dividends or distributions and make other restricted payments, make investments, loans or advances, repay or amend the terms of subordinated indebtedness, make acquisitions, enter into certain operating leases, enter into certain hedge transactions, amend material contracts, and engage in certain transactions with affiliates. The Credit Agreement also requires us to maintain a fixed charge coverage ratio and a consolidated leverage ratio and contains certain customary representations and warranties, affirmative covenants and events of default (including, among others, an event of default upon a change of control). If an event of default occurs, the lenders under the Credit Agreement will be entitled to accelerate amounts due thereunder and take other actions permitted to be taken by a secured creditor. If our indebtedness is accelerated, we cannot be certain that we will have sufficient funds available to pay the accelerated indebtedness or that we will have the ability to refinance the accelerated indebtedness on terms favorable to us or at all. The previously annouuneed phase-out of LIBOR, or the replacement of LIBOR with a different reference rate, may adversely affect the interest rate that we pay on our indebtedness. The annual interest rates applicable to advances made under the Credit Agreement is calculated, at our option, by using either a base rate or LIBOR, in each case plus an applicable margin percentage that corresponds to our consolidated total leverage ratio. In 2017, the United Kingdom's Financial Conduct Authority, which regulates LIBOR, announced that it would phase out LIBOR by the end of 2021. However, the ICE Benchmark Administration, in its capacity as administrator of USD LIBOR, has announced that it intends to extend publication of USD LIBOR (other than one-week and two-month tenors) by 18 months to June 2023. It is unclear whether new methods of calculating LIBOR will be established such that it continues to exist after 2023, or whether alternative rates or benchmarks will be adopted. Changes in the method of calculating LIBOR, or the replacement of LIBOR with an alternative rate or benchmark, may adversely affect interest rates, including the rates we pay on borrowings under the Credit Agreement, and result in higher borrowing costs. The Credit Agreement provides that, upon the occurrence of certain triggering events relating to the end of LIBOR, we and the administrative agent under the Credit Agreement will select a different benchmark rate to replace LIBOR as the reference rate for interest accruing on certain advances. Changes in, or the inability to agree on, an alternative rate or benchmark may negatively impact the terms of such indebtedness. https:l/www.sec.govIArchivestedgar/data/0001718227/000171822721000107/road-20210930.htm 351144 3/25/22, 9:42 AM 18 road -20210930 https:/Iwww.sec.gov/Archives/edgaridata/00017182271000171822721000107/road-20210930.htm 36/144 3/25/22, 9:42 AM Table of Contents road -20210930 We may need to raise additional capital in the future for working capital, capital expenditures and/or acquisitions, and we may not be able to do so on favorable terms or at all, which could impair our ability to operate our business or achieve ourgrowth objectives. Our ongoing ability to generate cash is important for funding our continuing operations, making acquisitions and servicing our indebtedness. To the extent that existing cash balances and cash flow from operations, together with borrowing capacity under our Revolving Credit Facility, are insufficient to make investments or acquisitions or provide needed working capital, we may require additional financing from other sources. Our ability to obtain such additional financing in the future will depend in part on prevailing market conditions, as well as conditions in our business and our operating results. Furthermore, if global economic, political or other market conditions adversely affect the financial institutions that provide credit to us, it is possible that our ability to draw upon our Revolving Credit Facility may be impacted. If adequate funds are not available, or are not available on acceptable terms, we may not be able to make certain investments, take advantage of acquisitions or other opportunities, or respond to competitive challenges, each of which could have a material adverse impact on our financial position, results of operations, cash flows and liquidity. We may be required to record an impairment charge if we determine that goodwill recorded in connection with prior acquisitions has become impaired, and this determination requires us to make significant judgments and assumptions about the future that are Inherently subject to risks and uncertainties. At September 30, 2021 and 2020, we had $85.4 million and $46.3 million, respectively, of goodwill recorded on our Consolidated Balance Sheets. We assess goodwill for impairment annually or more often if required. Our assessments involve a number of estimates and assumptions that are inherently subjective and require significant judgment regarding highly uncertain matters that are subject to change. The use of different assumptions or estimates could materially affect the determination as to whether or not an impairment has occurred. In addition, if future events are less favorable than what we assumed or estimated in our impairment analysis, we may be required to record an impairment charge, which could have a material impact on our consolidated financial statements. Our earnings are affected by the application of accounting standards and our critical accounting policies, which involve subjective judgments and estimates by our management. Our actual results could differ from the estimates and assumptions used to prepare our consolidated financial statements. The accounting standards that we use in preparing our financial statements are often complex and require us to make significant estimates and assumptions in interpreting and applying those standards. These estimates and assumptions affect the reported values of assets, liabilities, revenues and expenses, and the disclosure of contingent liabilities. We make critical estimates and assumptions involving accounting matters, including with respect to revenue recognition, contracts receivable including retainage, valuation of long-lived assets and goodwill, income taxes, accrued insurance costs and share -based payments and other equity transactions. These estimates and assumptions involve matters that are inherently uncertain and require us to make subjective and complex judgments. Although we believe we have the experience and processes to enable us to formulate appropriate assumptions and produce reasonably dependable estimates, these assumptions and estimates may change significantly in the future and could result in the reversal of previously recognized revenues and profit. If we used different estimates and assumptions or used different methods to determine these estimates, our financial results could differ, which could have a material negative impact on our financial condition and reported results of operations. For more information about our critical accounting policies and use of estimates, see "Management's Discussion and Analysis of Financial Condition and Results of Operations—Critical Accounting Policies and Estimates." General Risks Force majeure events, such as natural disasters, pandemics and terrorist attacks, and unexpected equipment failures could negatively impact our business, which may affect our financial condition, results of operations or cash flows. Force majeure events, such as terrorist attacks, pandemics or natural disasters, have impacted, and could continue to negatively impact, the United States economy and the markets in which we operate. As an example, from time to time, we face unexpected severe weather conditions, evacuation of personnel and curtailment of services, increased labor and material costs or shortages, inability to deliver materials, equipment and personnel to work sites in accordance with contract schedules and loss of productivity. We seek to include language in our contracts with private customers that grants us certain relief in connection with force majeure events, and we attempt to mitigate the potential impact arising from force majeure events in both public and private customer contracts. However, the extra costs incurred as a result of these events may not be reimbursed by our customers, and we remain obligated to perform our services after most extraordinary events, subject to any relief that may be available pursuant to a force majeure clause. Additionally, our manufacturing processes depend on critical pieces of equipment, such as our HMA plants. This equipment, on occasion, may be out of service as a result of unanticipated failures or damage. Any significant interruption in production capability may require us to make significant capital expenditures to remedy problems or damage and cause us to lose revenues due to lost production time. These force https://www.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 371144 3/25/22, 9:42 AM road -20210930 maj eure events may affect our operations or those of our customers or suppliers and could impact our revenues, production capability and ability to complete contracts in a timely manner. 19 https:/AAtww.see.gov/Archives/edgarldata/0001 7182271000171822721000107/road-20210930.htm 381144 3/25/22, 9:42 AM Table of Contents road -20210930 Our business could be materially and adversely affected by a widespread outbreak of a contagious disease or other similar adverse public health development, such as COVID-19, or fear of such an event, and the measures that federal, state and local governments, agencies, law enforcement and health authorities implement to address it. Our business could be adversely impacted by the effects of a widespread outbreak of a contagious disease, including the COVID-19 pandemic or a similar adverse public health development, as well as actions taken by federal, state and local governments, agencies, law enforcement and health authorities to contain the outbreak. Such an event in our markets could, among other things, result in employee absences or require us to temporarily close our facilities or project sites, which, in turn, could significantly and adversely affect our productivity and our ability to complete projects in accordance with our contractual obligations. In addition, a disruption in the supply chain for raw materials or equipment, whether as a result of facility closures or otherwise, could increase our labor and materials costs and impair our ability to manufacture HMA. Moreover, our customers — both public and private — who are adversely impacted could cancel or delay current or prospective projects and could become delinquent in their payments to us for work that we have performed. Although several of these risks have materialized in varying degrees as a result of the COVID-19 pandemic, none of these risks, individually or in the aggregate, have significantly impacted our operations to date. Our business could also be negatively impacted over the medium -to -longer term if the disruptions related to the COVID-19 pandemic decrease consumer confidence generally or significantly prolong the current economic downturn, which could lead to a decline in public and private development projects and thereby reduce demand for our services. An economic slowdown caused by the outbreak of an infectious disease or other similar adverse public health development could cause, and in some cases have caused, the tax revenues received by federal, state and local government agencies to decline and thereby decrease the funding available for public projects. Such developments could (i) impair our ability to undertake construction projects in a typical manner or at all, generate revenues and cash flows, and/or access the capital or lending markets (or significantly increase the costs of doing so); (ii) increase the costs or decrease the supply of raw materials or equipment or the availability of subcontractors and other talent, including as a result of infections or quarantining; and/or (iii) result in the diversion of public funds that otherwise would be available for infrastructure projects to support public health efforts. The inherent uncertainty surrounding COVID-19, due in part to rapidly changing governmental directives, public health challenges and progress, and market reactions thereto, also makes it challenging for our management to estimate the impact of the COVID-19 pandemic on the future performance of our business. We have incurred, and expect to continue to incur, substantial costs as a result of being a public company, which may significantly affect our financial condition. As a public company, we incur significant legal, accounting and other expenses associated with our financial reporting and corporate governance requirements, including requirements under the Sarbanes-Oxley Act of 2002 (the "Sarbanes-Oxley Act") and the Dodd - Frank Act of 2010 and rules implemented by the SEC. For example, as a publicly traded company, we are required to adopt policies regarding internal controls and disclosure controls and procedures, including the preparation of reports on internal control over financial reporting. These rules and regulations have made, and may continue to make, it more difficult and more expensive for us to obtain director and officer liability insurance, and we may be required to accept reduced policy limits and coverage or incur substantially higher costs to obtain the same or similar coverage. As a result, it may be more difficult for us to attract and retain qualified individuals to serve on our board of directors or as executive officers. If we are unable to maintain effective internal control overfinancial financial reporting, investors could lose confidence in our consolidated financial statements and our Company, which could have a material adverse effect on our stockprice. We have designed and implemented a number of internal controls and other remedial measures that we believe will provide reasonable assurance regarding the reliability of our financial reporting and the preparation of our financial statements in accordance with GAAP. A failure to maintain effective internal controls could result in a material misstatement of our consolidated financial statements that would not be prevented or detected on a timely basis, which could cause investors to lose confidence in our financial information or cause the trading price of our Class A common stock to decline and impact our liquidity, perceived creditworthiness and ability to complete acquisitions. We have incurred, and expect to continue to incur, significant costs related to certain requirements of Section 404 of the Sarbanes- Oxley Act ("Section 404'9. If we are unable to timely comply with such requirements, our profitability, stock price, results of operations and financial condition could be materially adversely affected We are required to comply with certain provisions of Section 404, which requires that we document and test our internal control over financial reporting and issue management's assessment of our internal control over financial reporting. Section 404 also requires that our independent registered public accounting firm opine on those internal controls. The out-of-pocket costs, the diversion of management's attention from running the day-to-day operations and operational changes caused by the need to comply with the requirements of Section 404 have been significant, and we expect to continue to incur substantial costs in connection with our https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 391144 3125/22, 9:42 AM road -20210930 compliance efforts. If we fail to comply with the requirements of Section 404, or if we or our auditors identify and report any material weaknesses, the accuracy and timeliness of the filing of our annual and quarterly reports may be materially adversely affected and could cause investors to lose confidence in our reported financial information, which could have a negative effect on the trading price 20 https:/fwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 401144 3/25/22, 9:42 AM Table of Contents road -20210930 of our Class A common stock. In addition, a material weakness in the effectiveness of our internal control over financial reporting could result in an increased chance of fraud and the loss of customers, reduce our ability to obtain financing, subject us to investigations by the SEC or other regulatory authorities and require additional expenditures to comply with these requirements, each of which could have a material adverse effect on our business, results of operations and financial condition. Risks Relating to Ownership of Our Class A Common Stock The dual class structure of our common stock has the effect of concentrating voting control with Sun Tx Capital Partners rSunTx'9 and its affiliates, which limits your ability to influence corporate matters. Our Class B common stock has ten votes per share, and our Class A common stock has one vote per share. As of November 19, 2021, our outstanding Class B common stock represented approximately 74.1% of the total voting power of our outstanding common stock. The shares of Class B common stock are held primarily by SunTx, its affiliates and certain members of management. Because of the ten -to -one voting ratio between our Class B common stock and our Class A common stock, the holders of our Class B common stock collectively control a majority of the combined voting power of our common stock and therefore control the outcome of all matters submitted to our stockholders. This concentrated control limits or precludes the ability of holders of Class A common stock to influence corporate matters for the foreseeable future. Future transfers of shares of our Class B common stock generally may result in those shares converting into shares of our Class A common stock. The conversion of shares of our Class B common stock into our Class A common stock will have the effect, over time, of increasing the relative voting power of each remaining share of Class B common stock. Future sales, or the perception of future sales, of Class A common stock by its or our existing stockholders in the public market could cause the market price for our Class A common stock to decline. As of November 19, 2021, we had outstanding a total of 40,738,074 shares of our Class A common stock and 11,632,270 shares of our Class B common stock that are convertible at any time into an equal number of shares of our Class A common stock. The sale of shares of our Class A common stock, or the perception of future sales by us or our existing stockholders, could harm the prevailing market price of shares of our Class A common stock. These sales, or the possibility that these sales may occur, also might make it more difficult for us to sell equity securities in the future at a time and at a price that we deem appropriate. Pursuant to a registration rights agreement, SunTx and certain other stockholders will continue to have the right, subject to certain conditions, to require us to register the sale of their shares of common stock under the Securities Act. By exercising their registration rights and selling a large number of shares, these stockholders could cause the prevailing market price of our Class A common stock to decline. As of November 19, 2021, a total of 3,861,613 shares of our outstanding common stock were subject to potential future registration under the registration rights agreement. Registration of these shares would result in such shares becoming freely tradable upon effectiveness of the registration statement. As restrictions on resale end or if the stockholders who are party to the registration rights agreement exercise their registration rights, the market price of the shares of our Class A common stock could drop significantly if the holders of these shares sell them or are perceived by the market as intending to sell them. These factors could also make it more difficult for us to raise additional funds through future offerings of our Class A common stock or other securities. In the future, we may also issue our securities in connection with offerings or acquisitions, and the number of shares issued or issuable thereafter could constitute a material portion of the then -outstanding shares of Class A common stock. Any such issuance would result in dilution to holders of our Class A common stock. Affiliates of Sun Tx control us, and their interests may conflict with ours or yours in the future. As of November 19, 2021, the SunTx funds beneficially owned approximately 1.7% of our outstanding Class A common stock and approximately 82.1% of our outstanding Class B common stock, representing 61.3% of the combined voting power of our common stock. Each share of our Class B common stock has ten votes per share, and each share of our Class A common stock has one vote per share. As a result, affiliates of SunTx have the ability to elect all of the members of our board of directors and thereby control our policies and operations, including the appointment of management, future issuances of our Class A common stock or other securities, the payment of dividends, if any, on our Class A common stock, our ability to incur or issue debt, amendments to our amended and restated certificate of incorporation and amended and restated bylaws, and our entry into extraordinary transactions. This concentration of voting control could deprive you of an opportunity to receive a premium for your shares of our Class A common stock as part of a sale of our Company and ultimately might affect the market price of our Class A common stock. In addition, we have engaged, and expect to continue to engage, in related party transactions involving SunTx and certain companies they control. As a result, the interests of affiliates of SunTx may not in all cases be aligned with your interests. In addition, SunTx may have an interest in pursuing acquisitions, divestitures and other transactions that, in its judgment, could enhance its investment, even though such transactions might involve risks to you. For example, SunTx could cause us to make https:llwww.see.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 411144 3/25/22, 9:42 AM road -20210930 acquisitions that increase our indebtedness or cause us to sell revenue -generating assets. SunTx is in the business of making investments in companies and may from time to time acquire and hold interests in businesses that compete directly or indirectly with 21 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 42/144 3/25/22, 9:42 AM `table of Contents road -20210930 us. Our amended and restated certificate of incorporation provides that none of SunTx, any of its affiliates or any director who is not employed by us or his or her affiliates will have any duty to refrain from engaging, directly or indirectly, in the same business activities or similar business activities or lines of business in which we operate. SunTx also may pursue acquisition opportunities that may be complementary to our business, and, as a result, those acquisition opportunities may not be available to us. So long as SunTx and its affiliates continue to beneficially own a sufficient number of shares of our Class B common stock, they will continue to be able to effectively control our decisions, even if the number of shares of outstanding Class B common stock is limited in proportion to the total number of shares of common stock outstanding. For example, assuming our Class B common stock amounted to 15% of our total outstanding common stock, we would have 44,514,793 shares of Class A common stock outstanding and 7,855,551 shares of Class B common stock outstanding as of November 19, 2021. These outstanding shares of Class B common stock would collectively represent approximately 63.8% of the overall voting power of our common stock. Shares of our Class B common stock may be transferred to an unrelated third party if holders of a majority of the shares of our Class B common stock owned by SunTx and its affiliates consent to such transfer in writing in advance. We may issue preferred stock with terms that could adversely affect the voting power or value of our Class A common stock. Our amended and restated certificate of incorporation authorizes us to issue, without the approval of our stockholders, one or more classes or series of preferred stock having such designations, preferences, limitations and relative rights, including preferences over our Class A common stock with respect to dividends and distributions, as our board of directors may determine. The terms of one or more classes or series of preferred stock could adversely impact the voting power or value of our Class A common stock. For example, we might grant holders of preferred stock the right to elect some number of our directors in all events or upon the happening of specified events or the right to veto specified transactions. Similarly, the repurchase or redemption rights or liquidation preferences we might assign to holders of preferred stock could affect the residual value of our Class A common stock. Provisions in our governing documents and Delaware corporate law make it more difficult to effect a change in control of our Company, which could adversely affect the price of our Class A common stock. Certain provisions in our amended and restated certificate of incorporation and amended and restated bylaws and Delaware corporate law could delay or prevent a change in control of our Company, even if that change would be beneficial to our stockholders. Our amended and restated certificate of incorporation and amended and restated bylaws contain provisions that may make acquiring control of our Company difficult, including: • a dual class common stock structure, which currently provides SunTx and its affiliates and the other holders of our Class B common stock with the ability to control the outcome of matters requiring stockholder approval, so long as they continue to beneficially own a sufficient number of shares of our Class B common stock, even if they own significantly less than 50% of the total number of shares of our outstanding common stock; • a classified board of directors with three-year staggered terms; • provisions regulating the ability of our stockholders to nominate directors for election or to bring matters for action at annual meetings of our stockholders; • limitations on the ability of our stockholders to call a special meeting; • the ability of our board of directors to adopt, amend or repeal bylaws, and the requirement that the affirmative vote of holders representing at least 66 2/3% of the voting power of all outstanding shares of capital stock be obtained for stockholders to amend our amended and restated bylaws; • the requirement that the affirmative vote of holders representing at least 66 2/3% of the voting power of all outstanding shares of capital stock be obtained to remove directors or amend our amended and restated certificate of incorporation; and • the authority of our board of directors to issue and set the terms of preferred stock without the approval of our stockholders. These provisions also could discourage proxy contests and make it more difficult for you and other stockholders to elect directors and take other corporate actions. As a result, these provisions could make it more difficult for a third party to acquire us, even if doing so would benefit our stockholders, which may limit the price that investors are willing to pay for shares of our Class A common stock. Our governing documents designate certain courts as the sole and exclusive fornm for certain types of actions and proceedings that may be initiated by our stockholders, which could limit our stockholders' ability to obtain a favorable judicial forum: for disputes with us or our directors, officers or other employees. https:ltwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 43/144 3/25122, 9:42 AM road -20210930 Our amended and restated certificate of incorporation provides that, subject to limited exceptions, state courts within the State of Delaware (or, if no state court located within the State of Delaware has jurisdiction, the federal district court for the District of 22 https:/Iwww.ser-gov/Archives/edgaridata/0001718227/000171822721000107/road-20210930.htm 44/144 3/25/22, 9:42 AM Table of Contents road -20210930 Delaware) will be the sole and exclusive forum for any: (i) derivative action or proceeding brought on our behalf; (ii) action asserting a claim of breach of fiduciary duty owed by any of our directors, officers or other employees to us or our stockholders; (iii) action asserting a claim against us arising pursuant to any provision of the Delaware General Corporation Law; or (iv) action asserting a claim against us that is governed by the internal affairs doctrine, and that if any action specified above is filed in a court other than a court located within the State of Delaware (each is referred to herein as a foreign action), the claiming party will be deemed to have consented to (a) the personal jurisdiction of state and federal courts located within the State of Delaware in connection with any action brought in any such court to enforce the exclusive forum provision described above and (b) having service of process made upon such claiming party by service upon such claiming party's counsel in the foreign action as agent for such claiming party. In addition, our amended and restated bylaws provide that, unless the Company consents in writing to the selection of an alternative forum, the federal district courts of the United States are, to the fullest extent permitted by law, the exclusive forum for the resolution of any complaint asserting a cause of action arising under the Securities Act. These provisions may limit a stockholder's ability to bring a claim in a judicial forum that it finds favorable for disputes with us or our directors, officers or other employees, which may discourage such lawsuits against us and our directors, officers and employees. Alternatively, if a court were to find these provisions inapplicable to, or unenforceable in respect of, one or more covered proceedings, we may incur additional costs associated with resolving such matters in other jurisdictions, which could adversely affect our business and financial condition. Because we are a "controlled company" under the listing standards of The Nasdaq Stock Market LLC and the rules of the SEC, our stockholders do not have, and may never have, certain corporate governance protections that are available to stockholders of companies that are not controlled companies. SunTx and its affiliates control a majority of the voting power of our outstanding common stock. As a result, we are a "controlled company" under the listing standards of The Nasdaq Stock Market LLC and SEC rules. As a result, we are not required to comply with certain provisions requiring that (i) a majority of our directors be independent, (ii) the compensation of our executives be determined by independent directors or (iii) nominees for election to our board of directors be selected by independent directors. Because we intend to continue to take advantage of some or all of these exemptions, our stockholders may not have the protections that these rules are intended to provide. Our status as a controlled company could cause our Class A common stock to be less attractive to certain investors or otherwise reduce the trading price of our Class A common stock. We do not intend to pay cash dividends on our Class A common stock in rhe foreseeable future, and therefore only appreciation, if any, of the price of our Class A common stock will provide a return to our stockholders. We currently anticipate that we will retain all future earnings, if any, to finance the growth and development of our business. We do not intend to pay cash dividends on our Class A common stock in the foreseeable future. Any future determination as to the declaration and payment of cash dividends will be at the discretion of our board of directors and will depend upon our financial condition, results of operations, contractual restrictions, capital requirements, business prospects and other factors deemed relevant by our board of directors. In addition, the Credit Agreement restricts our ability to pay cash dividends. As a result, only appreciation of the price of our Class A common stock, which may not occur, will provide a return to our stockholders. Item 1B. Unresolved Staff Comments. None. 23 hUps://www.sec.goviArchivesledgar/data/00017182271000171822721000107/road-20210930.htm 451144 3/25/22, 9:42 AM Table of Contents Item 2. Properties. road -20210930 Our principal executive office is located in Dothan, Alabama, in a building that we own. As of November 19, 2021, we operated (i) 56 HMA plants in Alabama, Florida, Georgia, North Carolina and South Carolina, (ii) 14 aggregates facilities in Alabama, Georgia, Florida and North Carolina, and (iii) one liquid asphalt terminal in Florida. Our HMA plants operate at varying levels of utilization depending on market conditions. We maintain offices at our HMA plants and aggregates facilities as we determine to be appropriate under the circumstances. We consider our plants and other physical properties, whether owned or leased, to be suitable, adequate, and of sufficient productive capacity to meet the requirements of our business, However, we routinely evaluate the purchase or lease of additional properties or the consolidation of our properties as our business needs change. The table below summarizes the locations and the nature of our ownership or leasehold interest in each of our asphalt plants and aggregates facilities. We own our liquid asphalt terminal. Location Alabama Florida HMA Plants Owned Leased Aggregates Facilities Owned Leased 10 8 6 3 9 1 1 — Georgia 5 1 1 2 North Carolina 9 10 1 — South Carolina 2 1 — — Item 3. Legal Proceedings. Due to the nature of our business, we are involved in routine litigation or subject to other disputes or claims related to our business activities, including, among other things, (i) workers' compensation claims, (ii) employment-related disputes and (iii) liability issues or breach of contract or tortious conduct claims in connection with the performance of services and provision of materials. We and our affiliates are also subject to government inquiries in the ordinary course of business seeking information concerning our compliance with government construction contracting requirements and various laws and regulations, the outcome of which cannot be predicted with certainty. In the opinion of our management, after consultation with legal counsel, none of the pending inquiries, litigation, disputes or claims against us, if decided adversely to us, would have a material adverse effect on our financial condition, cash flows or results of operations. Item 4. Mine Safety Disclosures. The information concerning mine safety violations or other regulatory matters required by Section 1503(a) of the Dodd -Frank Wall Street Reform and Consumer Protection Act and Item 104 of Regulation S -K (17 C.F.R. Part 229.104) is included in Exhibit 95.1 to this report 24 https://www.seagov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 461144 3/15/22, 9:42 AM Table of Contents road -20210930 PART Il Item 5. Market for Registrant's Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities. From our inception until April 2018, we maintained a single class of common stock. On April 23, 2018, we amended and restated our certificate of incorporation to effectuate a dual -class equity structure, which resulted in the conversion of each share of our then - outstanding common stock into 25.2 shares of Class B common stock and the initial authorization of Class A common stock for issuance. Market for Our Common Stock Our Class A common stock is listed and trades on the Nasdaq Global Select Market under the symbol "ROAD." Prior to its listing on the Nasdaq Global Select Market on May 4, 2018, there was no established public trading market for our Class A common stock. There is no established public trading market for our Class B common stock. Holders As of November 19, 2021, there were 40,738,074 shares of our Class A common stock outstanding, held by 127 stockholders of record. The actual number of beneficial holders of our Class A common stock is significantly greater than the number of record holders and includes stockholders who are beneficial owners, but whose shares are held by banks, brokers and other nominees. The last sale price for a share of our Class A common stock as reported on the Nasdaq Global Select Market on November 19, 2021 was $39.23. As of November 19, 2021, there were 11,632,270 shares of our Class B common stock outstanding, held by 19 stockholders of record. Dividends Holders of our Class A and Class B common stock receive dividends if and when declared by our board of directors out of legally available funds. We currently intend to retain all available funds and any future earnings for use in the operation and expansion of our business and do not anticipate declaring or paying any cash dividends in the foreseeable future. Any future determination as to the declaration and payment of dividends will he at the discretion of our board of directors and wilt depend on then -existing conditions, including our financial condition, results of operations, contractual restrictions, capital requirements, business prospects and other factors that our board of directors considers relevant. In addition, the terms of the Credit Agreement restrict our ability to pay cash dividends to the holders of our common stock unless, after giving effect to such dividend, we would remain in compliance with the financial covenants and, at the time any such dividend is made, no default or event of default exists or would result from the payment of such dividend. Recent Sales of Unregistered Securities We did not sell any of our equity securities during the period covered by this report that were not registered under the Securities Act. Issuer Purchases of Equity Securities During the quarter ended September 30, 2021, we did not purchase any of our equity securities that are registered under Section 12(b) of the Exchange Act. hfpsd/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 471144 3/25/22, 9:42 AM 25 road -20210930 https://www.sec.gov/Archives/edgar/data/0001 71 8227/00 01 71 822 72 1 D001 07/road-20210930.htm 48/144 3125/22. 9:42 AM road -20210930 Table of Contents Stock Performance Graph The following graph compares the cumulative three-year total return provided to the Company's Class A common stock holders relative to the cumulative total returns of the NASDAQ Composite index and the Dow Jones U.S. Heavy Construction index. The graph tracks the performance of a $100 investment in our Class A common stock and in each index (with the reinvestment of all dividends) from September 30, 2018 through September 30, 2021. S300 5250 5200 L! L R ZZ S150 A SIM 550 S- COMPARISON OF 3 YEAR CUMULATIVE TOTAL RETURN 2018 2019 2020 20_'1 Fiscal Year Ended September 30, -f- Construction Partner:. Inc. -*- NASDAQ Composiu Index f Dow lone. US HeavN Constnietion Index Item 6. Selected Financial Data. For fiscal years ending on or after August 9, 2021, registrants are no longer required to provide the information in this Item. Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations. This discussion and analysis of our financial condition and results of operations is intended to assist in understanding and assessing the trends and significant changes in our results of operations and financial condition. Historical results may not be indicative of fi ture performance. This discussion includes forward-looking statements that reflect our plans, estimates and beliefs. Such statements involve risks and uncertainties. Our actual results may differ materially from those contemplated by these forward-looking statements as a result of various factors, including those set forth under the headings `Risk Factors" and "Cautionary Statement Regarding Forward - Looking Statements. " This discussion should be read in conjunction with our audited consolidated financial statements and the notes thereto included elsewhere in this report. In this discussion, we use certain non -GAAP financial measures. An explanation of these non - GAAP financial measures and a reconciliation to the most directly comparable GAAP financial measures are included in this "Management's Discussion and Analysis of Financial Condition and Results of Operations. " Investors should not consider non -GAAP financial measures in isolation or as substitutes for financial information presented in compliance with GAAP. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 49/144 Value as of September 30, 2018 2019 2020 2021 Construction Partners, Inc. $100.00 $128.76 $150.41 $275.79 NASDAQ Composite Index $100.00 $99.42 $138.79 $179.57 Dow Jones US Heavy Construction index $100.00 $97.52 $94.70 $162.83 Item 6. Selected Financial Data. For fiscal years ending on or after August 9, 2021, registrants are no longer required to provide the information in this Item. Item 7. Management's Discussion and Analysis of Financial Condition and Results of Operations. This discussion and analysis of our financial condition and results of operations is intended to assist in understanding and assessing the trends and significant changes in our results of operations and financial condition. Historical results may not be indicative of fi ture performance. This discussion includes forward-looking statements that reflect our plans, estimates and beliefs. Such statements involve risks and uncertainties. Our actual results may differ materially from those contemplated by these forward-looking statements as a result of various factors, including those set forth under the headings `Risk Factors" and "Cautionary Statement Regarding Forward - Looking Statements. " This discussion should be read in conjunction with our audited consolidated financial statements and the notes thereto included elsewhere in this report. In this discussion, we use certain non -GAAP financial measures. An explanation of these non - GAAP financial measures and a reconciliation to the most directly comparable GAAP financial measures are included in this "Management's Discussion and Analysis of Financial Condition and Results of Operations. " Investors should not consider non -GAAP financial measures in isolation or as substitutes for financial information presented in compliance with GAAP. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 49/144 3/25/22, 9:42 AM 26 road -20210930 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 501144 3/25/22, 9:42 AM Table of Contents Overview road -20210930 We are a civil infrastructure company that specializes in the building and maintenance of transportation networks. Our operations leverage a highly -skilled workforce, strategically located HMA plants, substantial construction assets and select material deposits. We provide construction products and services to both public and private infrastructure projects, with an emphasis on highways, roads, bridges, airports and commercial and residential sites in the southeastern United States. Our public projects are funded by federal, state and local governments and include roads, highways, bridges, airports and other forms of infrastructure. Public transportation infrastructure projects historically have been a relatively stable portion of state and federal budgets and represent a significant share of the United States construction market. Federal funds are allocated on a state -by -state basis, and each state is required to match a portion of the federal funds that it receives. Federal highway spending uses funds predominantly from the Highway Trust Fund, which derives its revenues from fuel taxes and other user fees. In addition to public infrastructure projects, we provide a wide range of large site work construction and HMA paving services to private construction customers, including commercial and residential developers and local businesses. Fiscal 2021 Developments COVID-19 We did not incur significant disruptions from the COViD-19 pandemic during the fiscal year ended September 30, 2021. However, we continue to closely monitor the impact of the pandemic on all aspects of our business, including its impact on our customers, employees, suppliers and vendors. Among the primary risks to our business from the pandemic are (i) employee absences, which could adversely affect our productivity and our ability to complete projects in accordance with our contractual obligations, and could require us to temporarily close our facilities or project sites, (ii) potential disruptions in our supply chains for raw materials or equipment, whether as a result of facility closures or otherwise, which could increase our labor and materials costs and impair our ability to manufacture HMA or the ability of our subcontractors to complete their required tasks, and (iii) the impact of the COVID-19 pandemic on our customers, which could cause these customers to cancel or delay current or prospective projects or become delinquent in their payments to us for work that we have performed. These risks materialized in varying degrees during fiscal 2021, but none of these risks, individually or in the aggregate, have significantly impacted our operations to date. In addition, the extent to which our operations may be impacted by the COVID-19 pandemic going forward will also depend on the duration of the pandemic, the emergence of different COVID-19 variants, the efficacy and adoption rates of vaccines, and actions by government authorities to contain the outbreak or mitigate the impact of the pandemic. For example, we continue to monitor the impact of vaccination requirements imposed by our customers or governmental authorities on our workforce, which could increase employee turnover and thereby impair our ability to perform our construction projects. Business Acquisitions We completed eight acquisitions during the fiscal year, through which we added eighteen HMA plants and five aggregates facilities located in North Carolina and Alabama. As a result of these acquisitions, we entered into several new markets, while also securing crushed stone and aggregates sources for certain of our markets as part of our vertical integration strategy and adding a diverse fleet of trucks and construction equipment to support our operations. For more information about our acquisitions during fiscal 2021, see Note 4 - Business Acquisitions to our consolidated financial statements included elsewhere in this report. Amended and Restated Credit Agreement In June 2021, we amended and restated our existing Credit Agreement to, among other things, increase the amount of our Term Loan to an initial aggregate principal amount of $200 million (the full amount of which was drawn immediately) and the amount of our Revolving Credit Facility to an initial aggregate principal amount of $225 million. We used a portion of the proceeds advanced to us to refinance our indebtedness outstanding on the restatement date and to pay fees and expenses incurred in connection with the transaction, with the remainder available for our general corporate purposes, including permitted acquisitions. For more information about the Credit Agreement, see Note 11 - Debt to our consolidated financial statements included elsewhere in this report. Inflation, Supply Chain and Labor During fiscal 2021, we began to experience an upward trend in several inflation -sensitive inputs necessary for us to provide our products and services, including upward pressure on wages and increases in the cost of raw materials used to produce HMA and other items that are critical to our business, including fuel, concrete and steel. In addition, we experienced some disruptions from various participants in our supply chain, including subcontractors, materials suppliers and equipment manufacturers, who provide the raw materials, equipment, vehicles, construction supplies and other services we require in order to manufacture HMA and perform our https://www.sec.gov/Archives/edger/data/0001718227/000171822721000107/road-202l 0930.htm 51/144 3/25/22, 9:42 AM road -20210930 construction projects. To date, we have been able to mitigate some of the effects of inflation, supply chain disruptions and labor constraints on our business by increasing prices for our products and including the anticipated cost increases in the construction 27 hUps://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 521144 3/25/22, 9:42 AM Table of Contents road -20210930 projects we bid. However, we are limited in our ability to pass through increased costs for projects already in our backlog and, under those circumstances, may be unable to recoup losses or diminished profit margins by passing these costs through to our customers. How We Assess Performance of Our Business Revenues We derive our revenues predominantly by providing construction products and services for both public and private infrastructure projects, with an emphasis on highways, roads, bridges, airports and commercial and residential sites. Our projects represent a mix of federal, state, municipal and private customers. We also derive revenues from the sale of HMA, aggregates, and liquid asphalt cement to customers. We recognize revenues derived from projects as we satisfy our performance obligations over time (formerly known as the percentage -of -completion method), measured by the relationship of total cost incurred compared to total estimated contract costs (cost - to -cost input method). Changes in job performance, job conditions and estimated profitability, including those arising from contract penalty provisions and final contract settlements, may result in revisions to estimated costs and income, and are recognized in the period in which the revisions are determined. Revenues derived from the sale of HMA, aggregates, and liquid asphalt cement are recognized when the risks associated with ownership have passed to the customer. Gross Profit Gross profit represents revenues less cost of revenues. Cost of revenues consists of all direct and indirect costs associated with construction contracts, including raw materials, labor, equipment costs, depreciation, lease expenses, subcontract costs and other expenses at our HMA plants, aggregates mining facilities, and liquid asphalt cement terminal. Our cost of revenues is directly affected by fluctuations in commodity prices, primarily liquid asphalt and diesel fuel. From time to time, when appropriate, we limit our exposure to changes in commodity prices by entering into forward purchase commitments. In addition, our public infrastructure contracts often provide for price adjustments based on fluctuations in certain commodity -related product costs. These price adjustment provisions are in place for most of our public infrastructure contracts, and we seek to include similar provisions in our private contracts. Depreciation, Depletion, Accretion and Amortization Property, plant and equipment are initially recorded at cost or, if acquired as a business combination, at fair value. Depreciation on property, plant and equipment is computed on a straight-line basis over the estimated useful life of the asset. Amortization expense is the periodic expense related to leasehold improvements and intangible assets. Leasehold improvements are amortized over the lesser of the life of the underlying asset or the remaining lease term. Our intangible assets were recognized as a result of certain acquisitions and are generally amortized on a straight-line basis over the estimated useful lives of the assets. Mineral reserves are depleted in accordance with the units -of -production method as aggregates are extracted, using the initial allocation of cost based on proven and probable reserves. General and Administrative Expenses General and administrative expenses include costs related to our operational offices that are not allocated to direct contract costs and expenses related to our corporate offices. These expenses consist primarily of salaries and personnel costs for our administration, finance and accounting, legal, information systems, human resources and certain managerial employees. General and administrative expenses also include acquisition expenses, audit, consulting and professional fees, stock -based compensation expense, travel, insurance, office space rental costs, property taxes and other corporate and overhead expenses. Gain on Sale of Equipment, Net In the normal course of business, we sell construction equipment for various reasons, including when the cost of maintaining the asset exceeds the cost of replacing it. The gain or loss on the sale of equipment reflects the difference between the carrying value at the date of disposal and the net consideration received from the sale of equipment during the period. Interest Expense, Net Interest expense, net primarily represents interest incurred on our long-term debt, such as the Term Loan and the Revolving Credit Facility, as well as the changes in fair values of interest swap agreements and amortization of deferred debt issuance costs. These amounts are partially offset by interest income earned on short-term investments of cash balances in excess of our current operating needs. https://www.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 531144 3/25/22, 9:42 AM 28 road -20210930 https:/twww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 54M44 3/25/22, 9:42 AM Table of Contents road -20210930 Other Key Performance Indicators — Adjusted EBITDA, Adjusted EBITDA Margin, and Adjusted Net Income Adjusted EBITDA represents net income before, as applicable from time to time, (i) interest expense, net, (ii) provision (benefit) for income taxes, (iii) depreciation, depletion, accretion and amortization, (iv) equity -based compensation expense, (v) loss on the extinguishment of debt, (vi) certain management fees and expenses and (vii) nonrecurring legal settlement costs and associated legal expenses unrelated to the Company's core operations. Adjusted EBITDA Margin represents Adjusted EBITDA as a percentage of revenues for each period. Adjusted net income represents net income before nonrecurring legal settlement costs and associated legal expenses unrelated to the Company's core operations. These metrics are supplemental measures of our operating performance that are neither required by, nor presented in accordance with, GAAP. These measures have limitations as analytical tools and should not be considered in isolation or as an alternative to net income or any other performance measure derived in accordance with GAAP as an indicator of our operating performance. We present Adjusted EBITDA, Adjusted EBITDA Margin and Adjusted net income because management uses these measures as key performance indicators, and we believe that securities analysts, investors and others use these measures to evaluate companies in our industry. Our calculation of Adjusted EBITDA, Adjusted EBITDA Margin and Adjusted net income may not be comparable to similarly named measures reported by other companies. Potential differences may include differences in capital structures, tax positions and the age and book depreciation of intangible and tangible assets. The following table presents a reconciliation of net income, the most directly comparable measure calculated in accordance with GAAP, to Adjusted EBITDA and the calculation of Adjusted EBITDA Margin for the periods presented (in thousands, except percentages): Net income Interest expense, net Provision for income taxes Depreciation, depletion, accretion and amortization Equity -based compensation expense Management fees and expenses t') Settlement of legal claim and associated legal expenses (�) Adjusted EBITDA Revenues For the Fiscal Year Ended September 30, 2021 2020 $ 20,177 $ 40,297 2,404 3,113 8,349 12,760 49,806 39,301 3,549 1,570 1,935 1,403 4,362 434 $ 90,582 $ 98,878 $ 910,739 $ 785,679 Adjusted EBITDA Margin 9.9% 12.6% 0) Reflects fees and reimbursement of certain out-of-pocket expenses under a management services agreement with SunTx Capital Partners, the Company's controlling stockholder (see Note 17 - Related Parties to the consolidated financial statements included elsewhere in this report). (2) Reflects $3.2 million legal settlement and associated legal expenses (see Note 26 - Legal Settlement to the consolidated financial statements included elsewhere in this report). The following table presents a reconciliation of net income, the most directly comparable measure calculated in accordance with GAAP, to adjusted net income for the periods presented (in thousands): Net income Settlement of legal claim and associated legal expenses Tax impact due to above reconciling items Adjusted net income For the Fiscal Year Ended September 30, 2021 2020 20,177 $ 40,297 4,362 434 $ (570) $ (109) $ 23,969 $ 40,622 Reflects $3.2 million legal settlement and associated legal expenses (see Note 26 - Legal Settlement to the consolidated financial statements included elsewhere in this report). https://www.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 55/144 3/25/22, 9:42 AM road -20210930 29 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 56/144 3/25/22, 9:42 AM Table of Contents road -20210930 Results of Operations - Fiscal Year Ended September 30, 2021 Compared to Fiscal Year Ended September 30, 2020 The following table sets forth selected financial data for the fiscal years ended September 30, 2021 ("fiscal 202 F) and September 30, 2020 ("fisca12020") (in thousands, except percentages). Refer to the Annual Reuort on Form 10-K for the fiscal year ended September 30, 2020, filed with the SEC on December 11, 2020, for a discussion of results for the fiscal year ended September 30, 2019. Revenues Cost of revenues Gross profit General and administrative expenses Gain on sale of equipment, net Operating income Interest expense, net Other income Income before provision for income taxes and earnings from investment in joint venture Provision for income taxes Earnings from investment in joint venture Net income Adjusted EBITDA Adjusted net income For the Fiscal Year Ended September 30, Change from Fiscal 2021 2020 2020 to Fiscal 2021 % of % of % Dollars Revenues Dollars Revenues $ Change Change $ 910,739 100.0% $ 785,679 100.0% $ 125,060 15.9% 790,803 86.8% 663,467 84.4% 127,336 19.2% 119,936 13.2% 122,212 15.6% (2,276) (1.9)% (91,878) (10.1)% (68,597) (8.7)% (23,281) 33.9% 2,043 0.2% 1,616 0.2% 427 26.4% 30,101 3.3% 55,231 7.1% (25,130) (45.5)% (2,404) (0.3)% (3,113) (0.4)% 709 (22.8)% 819 0.1% 336 - % 483 143.8% 28,516 3.1% 52,454 6.7% (23,938) (45.6)% 8,349 0.9% 12,760 1.6% (4,411) (34.6)% 10 - % 603 - % (593) (98.3) $ 20,177 2.2% $ 40,297 5.1 % $ (20,120) (49.9)% $ 90,582 9.9% $ 98,878 12.6% $ (8,296) (8.4)% $ 23,969 2.6% $ 40,622 5.2% $ (16,653) (41.0)% Revenues. Revenues for fiscal 2021 increased $125.0 million, or 15.9%, to $910.7 million from $785.7 million for fiscal 2020. The increase included $87.0 million of revenues attributable to acquisitions completed during or subsequent to fiscal 2020 and an increase of approximately $38.0 million of revenues in our remaining markets from contract work and sales of HMA and aggregates to third parties. Gross Profit Gross profit for fiscal 2021 decreased $2.3 million, or 1.9%, to $119.9 million from $122.2 million for fiscal 2020. The lower gross profit was the result of a decrease in gross profit margin to 13.2% for fiscal 2021 from 15.6% for fiscal 2020, primarily due to (i) lower margins on construction projects in the fourth quarter of fiscal 2021 due to delays related to weather, labor and trucking and supply chain issues, and (ii) lower profit margins on the projects we assumed in connection with the North Carolina acquisitions we completed during fiscal 2021 and low utilization of the asphalt plants and equipment acquired in those acquisitions. General and Administrative Expenses. General and administrative expenses for fiscal 2021 increased $23.3 million, or 33.9%, to $91.9 million from $68.6 million for fiscal 2020. The increase in general and administrative expenses for fiscal 2021 compared to fiscal 2020 was primarily the result of (i) a $2.0 million increase in equity -based compensation expense, (ii) a $3.2 million legal settlement, as described in Note 26 - Legal Settlement, and an increase of $0.7 million for legal fees associated with this settlement, (iii) a $7.8 million increase in management personnel payroll and benefits, (iv) a $3.5 million increase attributable to general and administrative expenses of businesses acquired subsequent to September 30, 2020, and (v) a $3.5 million increase in other professional fees, primarily driven by expenses incurred in support of acquisition activities, information technology expenses and increased accounting and consulting fees. Interest Expense, Net Interest expense, net for fiscal 2021 decreased $0.7 million, or 22.8%, to $2.4 million compared to $3.1 million for fiscal 2020. The decrease in interest expense, net reflects a $1.2 million decrease in interest expense and a decrease of $0.5 million in interest income. The decrease was primarily due to $0.9 million of unrealized gain on interest rate swaps for fiscal 2021, compared to an unrealized loss on interest rate swaps of $1.4 million for fiscal 2020. This change was offset by an increase in interest paid due to https:1/www.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 57/144 3/25122, 9:42 AM road -20210930 30 https://www.see.gov/Archives/edgaridata/0001718227/000171822721000107/road-20210930.htm 58/144 3125/22, 9:42 AM Table of Contents road -20210930 the increase in long -terra debt at September 30, 2021 compared to September 30, 2020. The decrease in interest income was due to a decrease in interest rates earned on our deposits. Provision for Income Taxes. Our effective tax rate increased to 29.3% for fiscal 2021, from 24.0% for fiscal 2020. Our higher effective tax rate was due to the unfavorable impact of a non-deductible legal settlement and related legal expenses, as described in Note 26 - Legal Settlement, and other fiscal 2021 permanent non-deductible expenses. Earnings from Investment in Joint Venture. Earnings from investment in joint venture decreased $0.6 million during fiscal 2021 compared to fiscal 2020, as the construction project from which these earnings were derived had a lower level of activity during fiscal 2021. Net Income. Net income decreased $20.1 million, or 49.9%, to $20.2 million for fiscal 2021 compared to $40.3 million for fiscal 2020. The decrease in net income was primarily a result of lower gross profit and higher general and administrative expenses, partially offset by a decrease in interest expense, net, all as described above. Adjusted EBITDA and Adjusted EBITDA Margin. Adjusted EBITDA and Adjusted EBITDA Margin were $90.6 million and 9.9%, respectively, for fiscal 2021, compared to $98.9 million and 12.6%, respectively, for fiscal 2020. The decrease in Adjusted EBITDA primarily resulted from lower gross profit and an increase in general and administrative expenses. The lower Adjusted EBITDA Margin was primarily the result of a decrease in Adjusted EBITDA and increase in revenues, all as described above. For a description of Adjusted EBITDA and Adjusted EBITDA Margin, as well as a reconciliation of Adjusted EBITDA to net income, see "How We Assess Performance of Our Business." Adjusted Net Income. Adjusted net income decreased $16.7 million to adjusted net income of $24.0 million for fiscal 2021, compared to adjusted net income of $40.7 million for fiscal 2020. The decrease in adjusted net income was primarily a result of lower gross profit and higher general and administrative expenses, all as described above. Inflation and Price Changes Except as described above in Item 1 of this report under the heading "2021 Fiscal Year Developments — Inflationary Trends," inflation had an immaterial impact on our results of operations for fiscal years 2021 and 2020 due to relatively low inflation in the United States in recent years and our ability to recover increasing costs by charging higher prices for our products, including through sale price escalator clauses in most of our public infrastructure sector contracts. Inflation risk varies with the level of activity in our industry, the number, size and strength of competitors and the availability of products to supply a local market. For more information, see the discussion under the heading "Inflation Risk" included in Item 7A of this report. Liquidity and Capital Resources Cash Flows Analysis The following table sets forth our cash flows for the periods indicated (in thousands): For the Fiscal Year Ended September 30, 2021 2020 Net cash provided by operating activities, net of acquisitions $ 48,500 $ 105,173 Net cash used in investing activities (263,412) (79,363) Net cash provided by financing activities 123,847 41,887 Net change in cash and cash equivalents $ (91,065) $ 67,697 Operating Activities During fiscal 2021, cash provided by operating activities, net of acquisitions, was $48.5 million, primarily as a result of: • net income of $20.2 million, including $49.8 million of depreciation, depletion and amortization of long-lived assets, unrealized gains on derivative instruments of $3.2 million and equity -based compensation expense of $3.5 million; • an increase in contracts receivable including retainage, net of $27.1 million as a result of higher overall revenues due to acquisitions and growth in existing markets; hftps://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 591144 3/25/22, 9:42 AM road -20210930 an'increase in other assets of $2.9 million primarily due to capitalized costs related to the amended Revolving Credit Facility and deposits on property, plant and equipment assets; 31 60/144 3/25@2, 9:42 AM Table of Contents road -20210930 • an increase in inventories of $3.9 million due to increased inventories from acquisitions and normal fluctuations in our inventory cycle; an increase in accounts payable and accrued expenses and other current liabilities of $24.0 million due to an increase in construction activity; and a net decrease in the difference between costs and estimated earnings in excess of billings on uncompleted contracts and billings in excess of costs and estimated earnings on uncompleted contracts of $15.1 million due to the timing of performing and closing projects. During fiscal 2020, cash provided by operating activities, net of acquisitions, was $105.2 million, primarily as a result of: net income of $40.3 million, including $39.3 million of depreciation, depletion and amortization of long-lived assets, unrealized losses on derivative instruments of $1.9 million and equity -based compensation expense of $1.6 million; • a decrease in prepaid expenses and other current assets of $8.1 million, primarily reflecting the $7.7 mullion payment received by certain of our subsidiaries from January 2020 to July 2020 in connection with a settlement agreement we entered into in April 2018 related to a business interruption event; and a decrease in contracts receivable including retainage, net of $7.4 million due to a reduction in fiscal year 2020 fourth quarter job activity in certain of our markets, including North Carolina, compared to the prior year. Investing Activities During fiscal 2021, cash used in investing activities was $263.4 million, of which $210.7 million related to acquisitions completed in the period and $56.3 million of which was invested in property, plant and equipment. These amounts were partially offset by $3.7 million of proceeds from the sale of equipment. During fiscal 2020, cash used in investing activities was $79.4 million, of which $30.2 million related to acquisitions completed in the period and $52.6 million of which was invested in property, plant and equipment, which included $11.5 million for the buyout of equipment leases. These amounts were partially offset by $3.0 million of proceeds from the sale of equipment. Financing Activities During fiscal 2021, cash provided by financing activities was $123.8 million. We received $219.2 million from proceeds on long-term debt, net of debt issuance costs and discounts, which was offset by $95.4 million of principal payments on long-term debt. During fiscal 2020, cash provided by financing activities was $41.9 million. We received $72.3 million from proceeds on long-term debt, net of debt issuance costs and discounts, which was offset by $30.4 million of principal payments on long-term debt. Credit Agreement We and each of our subsidiaries are parties to the Credit Agreement, which provides for the Term Loan and the Revolving Credit Facility. At September 30, 2021 and 2020, we had $197.5 million and $92.9 million, respectively, of principal outstanding under the Term Loan, $20.0 million and $0.0 million, respectively, of principal outstanding under the Revolving Credit Facility, and availability of $193.7 million and $39.3 million, respectively, under the Revolving Credit Facility, including reduction for outstanding letters of credit. The obligations of our subsidiaries under the Term Loan and the Revolving Credit Facility are secured by a first priority security interest in substantially all of our assets. The Credit Agreement requires the Company to satisfy certain financial covenants, including a minimum fixed charge coverage ratio of 1.20 -to -1.00 and a maximum consolidated leverage ratio of 3.00 -to -1.00, subject to certain adjustments. At September 30, 2021 and 2020, our fixed charge coverage ratio was 3.29 -to -1.00 and 2.85 -to -1.00, respectively, and our consolidated leverage ratio was 1.99 -to - 1.00 and 1.08 -to -1.00, respectively. From time to time, the Company has entered into interest rate swap agreements to hedge against the risk of changes in interest rates. At September 30, 2021 and 2020, the aggregate notional value of these interest rate swap agreements was $198.3 million and $46.5 million, respectively, and the fair value was $(0.8) million and $(1.7) million, respectively, which is included within other current liabilities or other long-term liabilities on the Company's Consolidated Balance Sheets. https://www.sec.gov/Archivesledgar/data/0001718227/000171822721000107/road-20210930.htm 61/144 3/25/22,9:42 AM road -20210930 For more information about the Credit Amendment, see Note 11 - Debt to the consolidated financial statements included elsewhere in this report. 32 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 621144 3/25/22, 9:42 AM road -20210930 Table of Contents Capital Requirements and Sources of Liquidity During fiscal 2021 and fiscal 2020, our capital expenditures were approximately $56.3 million and $52.6 million, respectively. Our capital expenditures are typically made during the same fiscal year in which they are approved. At September 30, 2021, our commitments for capital expenditures were not material to our financial condition or results of operations on a consolidated basis. For fiscal 2022, we expect total capital expenditures to be $60.0 million to $65.0 million. Our capital expenditure budget is an estimate and is subject to change. Historically, we have required significant amounts of cash in order to make capital expenditures, purchase materials and fund our organic expansion into new markets. Our working capital needs are driven by the seasonality and growth of our business, with our cash requirements increasing in periods of growth. Additional cash requirements resulting from our growth include the costs of additional personnel, production and distribution facilities, enhancements to our information systems, integration costs related to any acquisitions and our compliance with laws and rules applicable to public companies. We have historically relied on cash available through credit facilities, in addition to cash from operations, to finance our working capital requirements and to support our growth. We regularly monitor potential capital sources, including equity and debt markets, in an effort to meet our planned capital expenditures and liquidity requirements. Our future success will depend on our ability to access outside sources of capital. We believe that our operating cash flow and available borrowings under the Credit Agreement will be sufficient to fund our operations through September 30, 2022. However, future cash flows are subject to a number of variables, including the potential impacts of COVID-19, and significant additional capital expenditures will be required to conduct our operations. There can be no assurance that operations and other capital resources will provide sufficient cash to maintain planned or future levels of capital expenditures. In the event that we make one or more acquisitions and the amount of capital required is greater than the amount of cash on band we have available for acquisitions at that time, we could be required to reduce the expected level of capital expenditures and/or seek additional capital. If we seek additional capital, we may do so through borrowings under the Credit Agreement, joint ventures, asset sales, offerings of debt or equity securities or other means. However, the unprecedented public health and governmental efforts to contain the spread of COVID-19 have created significant uncertainty as to general economic conditions for fiscal 2022 and beyond, and our ability to engage in any such transactions may be constrained by economic conditions and other factors outside of our control. We cannot guarantee that additional capital will be available on acceptable terms or at all. If we are unable to obtain the funds we need, we may not be able to complete acquisitions that may be favorable to us or finance the capital expenditures necessary to conduct our operations. Off -Balance Sheet Arrangements As of September 30, 2021, the Company had aggregate letters of credit outstanding in the amount of $11.3 million, future purchase commitments of $0.1 million for diesel fuel and S2.4 million of minimum royalty payments related to aggregates facilities. Other than the letters of credit, future purchase commitments and minimum royalty payments, we do not currently have any off-balance sheet arrangements that have, or are reasonably likely to have, a material current or future effect on our financial condition, changes in our financial condition, revenue or expenses, results of operations, liquidity, capital expenditures or capital resources. See Note 18 - Commitments and Contingencies to our consolidated financial statements included elsewhere in this report for additional information. Contractual Obligations The following table summarizes our significant obligations outstanding as of September 30, 2021 hdps://www.sec.gov/Archives/edgaridata/0001718227/000171822721000107/road-20210930.htm 631144 Payments Due by Fiscal Year 2027 and Total 2022 2023 2024 2025 2026 Thereafter Debt obligations $ 217,500 $ 10,000 $ 10,000 $ 11,250 $ 15,000 $ 171,250 $ — Operating leases 8,104 1,614 1,223 929 623 600 3,115 Purchase commitments 51 51 — — — — — Royalty payments 2,395 289 196 189 137 124 1,460 Asset retirement obligations 2,788 — — — — — 2,788 Total $ 230,838 $ 11,954 $ 11,419 T 12,368 T 15,760 T 171,974 $ 7,363 hdps://www.sec.gov/Archives/edgaridata/0001718227/000171822721000107/road-20210930.htm 631144 3/25/22, 9.42 AM 33 road -20210930 https:/Iwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 64/144 3/25/22, 9:42 AM road -20210930 Table of Contents Critical Accounting Policies and Estimates The discussion of our financial condition and results of operations is based on our consolidated financial statements, which have been prepared in accordance with GAAP. The preparation of these consolidated financial statements requires us to make estimates and judgments that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. We evaluate our estimates and assumptions on an ongoing basis. The results of our analysis form the basis for making assumptions about the carrying values of assets and liabilities that are not readily apparent from other sources. Actual results may differ from these estimates under different assumptions or conditions, and the impact of such differences may be material to our consolidated financial statements. Critical accounting policies are those policies that, in management's view, are the most important in the portrayal of our financial condition and results of operations. The notes to the consolidated financial statements also include disclosure of significant accounting policies. The methods, estimates and judgments that we use in applying our accounting policies have a significant impact on the results that we report in our consolidated financial statements. These critical accounting policies require us to make difficult and subjective judgments, often as a result of the need to make estimates regarding matters that are inherently uncertain. Those critical accounting policies and estimates that require the most significant judgment are discussed further below. Revenue Recognition The majority of our public construction contracts are fixed unit price contracts. Under fixed unit price contracts, we are committed to providing materials or services required by a contract at fixed unit prices (for example, dollars per ton of asphalt placed). Our private customer contracts are primarily fixed total price contracts, also known as lump sum contracts, which require that the total amount of work be performed for a single price. Revenues from fixed unit price and fixed total price construction contracts are recognized as performance obligations are satisfied over time (formerly known as the percentage -of -completion method), measured by the relationship of total cost incurred compared to total estimated contract costs (cost -to -cost input method). Under this method, revenues are recognized as costs are incurred in an amount equal to cost plus the related expected profit based on the ratio of costs incurred to estimated final costs. This cost -to -cost method is used because management considers it to be the best available measure of progress on these contracts. Contract costs consist of direct costs on contracts, including labor, materials, amounts payable to subcontractors and those indirect costs related to contract performance, such as equipment costs, insurance and employee benefits. Contract cost is recorded as incurred, and revisions in contract revenues and cost estimates are reflected in the accounting period when known. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions and estimated profitability, including those changes arising from contract change orders, penalty provisions and final contract settlements may result in revisions to costs and income and are recognized in the period in which the revisions are determined. Change orders are modifications of an original contract that effectively change the existing provisions of the contract without adding new provisions or terms. Change orders may include changes in specifications or designs, manner of performance, facilities, equipment, materials, sites and period of completion of the work. Either we or our customers may initiate change orders. We consider unapproved change orders to be contract variations for which we have a change of scope for which we believe we are contractually entitled to a higher price, but where a price change associated with the scope change has not yet been agreed upon with the customer. Costs associated with unapproved change orders are included in the estimated cost to complete the contracts and are treated as project costs as incurred. We recognize revenues equal to costs incurred on unapproved change orders when realization of price approval is probable. Unapproved change orders involve the use of estimates, and it is reasonably possible that revisions to the estimated costs and recoverable amounts may be required in future reporting periods to reflect changes in estimates or final agreements with customers. Change orders that are unapproved as to both price and scope are evaluated as claims. We consider claims to be amounts in excess of agreed contract prices that we seek to collect from our customers or others for customer -caused delays, errors in specifications and designs, contract terminations, change orders that are either in dispute or are unapproved as to both scope and price, or other causes of unanticipated additional contract costs. Claims are included in the calculation of revenues when realization is probable and amounts can be reliably determined. To support these requirements, the existence of the following items must be satisfied: (i) the contract or other evidence provides a legal basis for the claim or a legal opinion has been obtained, stating that, under the circumstances, there is a reasonable basis to support the claim; (ii) additional costs are caused by circumstances that were unforeseen at the contract date and are not the result of deficiencies in our performance; (iii) costs associated with the claim are identifiable or otherwise determinable and are reasonable in view of the work performed; and (iv) the evidence supporting the claim is objective and verifiable, not based on management's subjective evaluation of the situation or on unsupported representations. Revenues in excess of contract costs incurred on claims are recognized when an agreement is reached with the customer as to the value of the claim, which, in some instances, may not occur until after completion of work under the contract. Costs associated with claims are included in the estimated costs to complete the contracts and are treated as project costs when incurred. https:i/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 651144 3/25122, 9:42 AM road -20210930 For the majority of our contracts, upon completion and final acceptance of the services that we were contracted to perform, we receive our final payment upon completion of the necessary contract closing documents, and our obligations to the owner are complete at that point. The accuracy of our revenues and profit recognition in a given period depends on the accuracy of our estimates of the revenues 34 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 66/144 3/25/22, 9:42 AM Table of Contents road•20210930 and costs to finish uncompleted contracts. Our estimates for all of our significant contracts use a highly detailed "bottom up" approach. However, our projects can be highly complex and, in almost every case, the profit margin estimates for a contract will either increase or decrease to some extent from the amount that was originally estimated at the time of bid. Because we have a large number of projects of varying levels of size and complexity in process at any given time, these changes in estimates can sometimes offset each other without materially impacting our overall profitability. However, large changes in revenues or cost estimates can have a significant effect on profitability. The accuracy of our revenue and profit recognition in a given period depends on the accuracy of our estimates of the cost to complete each project. Cost estimates for all of our projects use a detailed approach, and we believe our experience allows us to create materially reliable estimates. There are a number of factors that can contribute to changes in estimates of contract cost and profitability. The most significant of these include: • the completeness and accuracy of the original bid; • costs associated with scope changes; • changes in costs of labor and/or materials; • extended overhead and other costs due to owner, weather and other delays; • subcontractor performance issues; • changes in productivity expectations; • site conditions that differ from those assumed in the original bid; • changes from original design on design -build projects; • the availability and skill level of workers in the geographic location of the project; • a change in the availability and proximity of equipment and materials; • our ability to fully and promptly recover on affirmative claims and back charges for additional contract costs; and • the customer's ability to properly administer the contract. The foregoing factors, as well as the stage of completion of contracts in process and the mix of contracts at different margins, may cause fluctuations in gross profit between periods, and these fluctuations may be significant. Contracts Receivable, Including Retainage Contracts receivable are generally based on amounts billed to the customer and currently due in accordance with our contracts. Many of the contracts under which we perform work contain retainage provisions. Retainage refers to amounts that we have billed to the customer, but are being held for payment by the customer pending satisfactory completion of the project. Retainage on active contracts is classified as a current asset regardless of the term of the contract and is generally collected within one year of the completion of a contract. At September 30, 2021 and 2020, contracts receivable included $27.6 million and $21.0 million, respectively, of retainage, which was being contractually withheld by customers until completion of the associated contracts. Because the majority of our construction contracts are entered into with federal, state or municipal government customers, credit risk is minimal. We confirm that funds have been appropriated by the government project owner prior to commencing work on such projects. While most of our public contracts are subject to termination at the election of the government entity, in the event of any such termination, we are entitled to receive the contract price for completed work and reimbursement of termination -related costs. Credit risk with private owners is minimized because of statutory mechanic's liens, which give us high priority in the event of lien foreclosures following financial difficulties of private owners. We maintain an allowance for doubtful accounts, which has historically been sufficient to cover accounts that are not collected. Valuation of Long -Lived Assets and Goodwill Long-lived assets, which include property, equipment and acquired intangible assets, such as goodwill, are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. Impairment evaluations involve fair values and management estimates of useful asset lives and future cash flows. Actual useful lives and cash flows could be different from those estimated by management, and this could have a material effect on our operating results and https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 671144 3/25/22, 9:42 AM road -20210930 financial position. For the fiscal years ended September 30, 2021 and 2020, there were no events or changes in circumstances that would indicate a material impairment of our long-lived assets. al https:/Aw.,w.see.gov/Archives/edgar/data/000 1718227/000171822721000107/road-20210930. htm 68/144 3/25/22, 9:42 AM Table of Contents road -20210930 Goodwill and indefinite -lived intangible assets must be tested for impairment at least annually. We performed our most recent annual impairment test on July 1, 2021. Our test indicated that there was no impairment of goodwill and indefinite -lived intangible assets. For our goodwill impairment test, we first evaluate our market capitalization compared to the net assets of the Company overall. Our final determination of valuation is impacted by a number of factors, but the key factors are the price of our common stock, recently completed transactions from both public companies and private transactions and our estimated forecast of future cash flows. The valuation approaches contain uncertainty regarding the estimates used. Our market capitalization could be impacted because we are a controlled company, which impacts the control premium we apply to the market price of our common stock. One of the largest uncertainties relates to federal, state and local government spending, which management expects to increase in the upcoming years. There are a number of other uncertainties with respect to our future financial performance that could impact estimated future cash flows, including those discussed under the heading "Risk Factors" elsewhere in this report. Based on our valuation approaches, we determined that our one reporting unit substantially exceeded its carrying value, and thus concluded that the carrying value of goodwill was not impaired at July 1, 2021 or 2020. At September 30, 2021 and 2020, we had goodwill with a carrying amount of $85.4 million and $46.3 million, respectively. For our indefinite -lived intangible asset impairment test, we performed a qualitative impairment assessment. The qualitative assessment did not identify indicators of impairment, and it was determined that is more likely than not the indefinite -lived name license fair value was more than its carrying amount. Accordingly, no further analysis was required or performed. Income Taxes Deferred tax assets and liabilities are recognized based on the differences between the financial statement carrying amounts and the tax basis of assets and liabilities, We regularly review our deferred tax assets for recoverability and, where necessary, establish a valuation allowance. Valuation allowances are established to reduce deferred tax assets if we determine that it is more likely than not that some or all of the deferred tax assets will not be realized in future periods. To assess this likelihood, we use historical three-year results of operations, estimates and judgments regarding our future taxable income and consider the jurisdiction in which the taxable income is generated to determine whether a valuation allowance is required. Such evidence can include our current financial position, results of operations, actual and forecasted results, the reversal of deferred tax liabilities, tax planning strategies and the current and forecasted business economics of our industry. Additionally, we record uncertain tax positions at their net recognizable amount, based on the amount that management deems is more likely than not to be sustained upon ultimate settlement with the tax authorities in jurisdictions in which we operate. On the basis of our evaluations, at September 30, 2021 and 2020, no valuation allowance was recorded on our net deferred tax assets, and we had no material uncertain tax positions. If our estimates or assumptions regarding our current and deferred tax items are inaccurate or are modified, these changes could have potentially material impacts on our earnings. Accrued Insurance Cost We carry insurance policies to cover various risks, primarily general liability, automobile liability and workers' compensation, under which we are liable to reimburse the insurance company for a portion of each claim paid, ranging from $100,000 to $500,000 per occurrence. We accrue for probable losses, both reported and unreported, that are reasonably estimable using actuarial methods based on historic trends and modified, if necessary, by recent events. Changes in our loss assumptions caused by changes in actual experience would affect our assessment of the ultimate liability and could have an effect on our operating results and financial position up to $500,000 per occurrence for general liability, automobile liability and workers' compensation claims. We provide employee medical insurance under policies that are both fixed -premium, fully -insured policies and self-insured policies that are administered by the insurance company. Under the self-insured policies, we are liable to reimburse the insurance company for actual claims paid plus an administrative fee. We purchase separate stop -loss insurance, which limits the individual participant claim loss to amounts ranging from $100,000 to $160,000. Share -Based Payments and Other Equity Transactions Our equity incentive plans are administered by the Compensation Committee of our Board of Directors. We account for our equity - based compensation plans using a fair value -based method of accounting, whereby compensation cost is measured at the grant date based on the value of the award and is recognized over the service period, which is typically the vesting period. Other Accounting Policies and New Accounting Pronouncements https://www.sec.gov/Archivestedgar/data/000 1718227/000171822721000107/road-20210930.htm 69/144 3/25/22, 9:42 AM road -20210930 See Note 2 — Significant Accounting Policies and Note 3 — Accounting Standards, to the consolidated financial statements for the fiscal year ended September 30, 2021, which are contained in Part II, Item 8 of this report and are incorporated by reference herein. 36 https:/Iwww.seo.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930. htm 70/144 3/25/22, 9:42 AM Table of Contents Seasonality road -20210930 The activity of our business fluctuates due to seasonality because our business is primarily conducted outdoors. Therefore, seasonal changes and other weather-related conditions, in particular extended snowy, rainy or cold weather in the winter, spring or fall and major weather events, such as hurricanes, tornadoes, tropical storms and heavy snows, can adversely affect our business and operations through a decline in both the use of our products and the demand for our services. In addition, construction materials production and shipment levels follow activity in the construction industry, which typically occurs in the spring, summer and fall. Warmer and drier weather during our third and fourth fiscal quarters typically result in higher activity and revenues during those quarters. Our first and second fiscal quarters typically have lower levels of activity due to adverse weather conditions. Our third fiscal quarter varies greatly with spring rains and wide temperature variations. A cool, wet spring increases drying time on projects, which can delay sales in the third fiscal quarter, while a warm, dry spring may facilitate earlier project commencement dates. Item 7A. Quantitative and Qualitative Disclosures About Market Risk. Commodity Price Risk We are subject to commodity price risk with respect to price changes in liquid asphalt and energy, including fossil fuels and electricity for aggregates and asphalt paving mix production, natural gas for HMA production and diesel fuel for distribution vehicles and production -related mobile equipment. In order to manage or reduce commodity price risk, we monitor the costs of these commodities at the time of bid and price them into our contracts accordingly. Furthermore, liquid asphalt escalator provisions in most of our public contracts, and in some of our private and commercial contracts, limit our exposure to price fluctuations in this commodity. In addition, we enter into various firm purchase commitments, with terms generally less than one year, for certain raw materials. Our risk management activities also include the use of financial derivative instruments. We have entered into fuel swap contracts to mitigate the financial impact of fluctuations in fuel prices. We do not enter into fuel swap contracts for speculative or trading purposes. These fuel swap contracts provide a fixed price for less than 50% of our estimated fuel usage for the remainder of fiscal years 2022 and part of 2023. The table below provides information about the Company's fuel swap contracts that are sensitive to changes in commodity prices, specifically diesel fuel, as of September 30, 2021. Carrying Amount Fair Value Fuel swap contracts (r) Contract volumes (1,000 gallons) 2,100 Weighted average price (per gallon) $ 1.36 Contract amount (in thousands) $ 1,812 $ 1,812 0) See also Note 21 -Fair Value Measurements and Note 22 - Investments in Derivative Instruments to the consolidated financial statements included in this report. Interest Rate Risk We are exposed to interest rate risk on certain of our short- and long-term debt obligations used to finance our operations and acquisitions. We have LIBOR -based floating rate borrowings under the Credit Agreement, which expose us to variability in interest payments due to changes in the reference interest rates. From time to time, we use derivative instruments as hedges against the impact of interest rate changes on future earnings and cash flows. We do not enter into such derivative instruments for speculative or trading purposes. At September 30, 2021, we had a total of $217.5 million of variable rate borrowings outstanding. Holding other factors constant and absent the interest rate swap agreements described above, a hypothetical I% change in our borrowing rates would result in a $2.2 million change in our annual interest expense based on our variable rate debt at September 30, 2021. The following table presents the future principal payment obligations, interest payments, and fair values associated with the Company's debt instruments assuming the Company's actual level of variable rate debt as of September 30, 2021 (in thousands). 37 httpsl/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 71/144 3/25/22, 9:42 AM road -20210930 Table of Contents For the Fiscal Year Ending September 30, Fair 2022 2023 2024 2025 2026 Thereafter Total Value Debt obligations Term loan $ 10,000 $ 10,000 $ 11,250 $ 15,000 $ 151,250 $ — $ 197,500 $ 197,500 Revolving credit facility — — — — 20,000 — 20,000 20,000 Interest payments (1) 3,358 3,199 3,039 2,824 1,970 — (1) Represents projected interest payments using the Company's October 2021 LIBOR -based floating rate of 1.58%. The notional amount of the Company's outstanding interest rate swap contracts at September 30, 2021 was $198.3 million. The maturity dates of outstanding interest rate swap contracts range from June 2022 to June 2026. The fair value of outstanding interest rate swap contracts was ($0.8) million as of September 30, 2021. See also Note 21 - Fair Value Measurements and Note 22 - Investments in Derivative Instruments to the consolidated financial statements included in this report. Inflation Risk We are subject to the effects of inflation through wage pressures, increases in the cost of raw materials used to produce HMA, and increases in other items, such as fuel, concrete and steel. During the fiscal year ended September 30, 2021, we began to experience an upward trend in several of these inflation -sensitive items. We seek to recover increasing costs by obtaining higher prices for our products or by including the anticipated price increases in our bids. Due to the relatively short-term duration of our construction contracts, we are generally able to reduce our exposure to price increases on new contracts, but we are limited in our ability to pass through increased costs for projects already in our backlog. Going forward, continued cost inflation in these areas may require further price adjustments to maintain profit margin, and any price increases may have a negative effect on demand. 38 https://www.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 72/144 3/25/22, 9:42 AM road -20210930 Table of Contents Item 8. Financial Statements and Supplementary Data. INDEX TO CONSOLIDATED FINANCIAL STATEMENTS Reports of Independent Registered Public Accountings 40 Consolidated Balance Sheets at S2p-!Lm—b—e-r-jQ, 2021 and 2020 433 Consolidated Statements of Comprehensive Income for the fiscal years ended Se tember 30, 2021, 2020, and 2019 44 Consolidated Statements of Stockholders' Equity for the fiscal years ended September 30, 2021, 2020 an, d 2019 45 Consolidated Statements of Cash Flows for the fiscal years ended S tember 30, 2021. 2020, and 2019 46 Notes to Consolidated Financial Statements 47 39 https://www.sec.govIArchivesledgar/data/00017182271000171822721000107/road-20210930.htm 731144 3/25/22, 9:42 AM road -20210930 Table of Contents Report of Independent Registered Public Accounting Firm To the Stockholders and the Board of Directors of Construction Partners, Inc. Opinion on the Financial Statements We have audited the accompanying consolidated balance sheets of Construction Partners, Inc. and its subsidiaries (the Company) as of September 30, 2021 and 2020, the related consolidated statements of comprehensive income, stockholders' equity and cash flows for each of the three years in the period ended September 30, 2021, and the related notes to the consolidated financial statements (collectively, the financial statements). In our opinion, the financial statements present fairly, in all material respects, the financial position of the Company as of September 30, 2021 and 2020, and the results of its operations and its cash flows for each of the three years in the period ended September 30, 2021, in conformity with accounting principles generally accepted in the United States of America. We have also audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the Company's internal control over financial reporting as of September 30, 2021, based on criteria established in Internal Control — Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission in 2013, and our report dated November 29, 2021 expressed an unqualified opinion on the effectiveness of the Company's internal control over financial reporting. Basis for Opinion These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statements based on our audits. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB, We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion. Critical Audit Matters The critical audit matters communicated below are matters arising from the current period audit of the consolidated financial statements that were communicated or required to be communicated to the audit committee and that: (1) relate to accounts or disclosures that are material to the consolidated financial statements and (2) involved our especially challenging, subjective, or complex judgments. The communication of critical audit matters does not alter in any way our opinion on the consolidated financial statements, taken as a whole, and we arc not, by communicating the critical audit matters below, providing a separate opinion on the critical audit matters or on the accounts or disclosures to which they relate. Revenue Recognition – Revenue Recognized Over Time Under Uncompleted Long -Term Construction Contracts Critical Audit Matter Description As described in Note 6, the Company has recognized $1,168,864,000 of costs and estimated earnings to date on uncompleted contracts at September 30, 2021. As described in Note 1 to the consolidated financial statements, the Company recognizes revenue derived from long-term construction contracts over time as the Company satisfies the single performance obligation for each construction contract. Progress towards completion of the performance obligation in each long-term construction project is estimated using the input method, which is measured by the relationship of total costs incurred through the measurement date to total estimated costs required to complete the project (cost -to -cost input method). Recognition of revenue under uncompleted construction contracts requires significant judgment by management, including measuring progress towards completion of the contract by estimating total costs expected to be incurred to complete a contract. We have identified the revenue recognized under long-term construction contracts that were uncompleted at September 30, 2021 as a critical audit matter because of the significant assumptions management makes in determining the amount of revenue to recognize prior to completion of a contract. Auditing management's judgments related to measuring progress towards completion of the Company's hfps://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 741144 3/25/22, 9:42 AM road -20210930 contracts through estimating total costs expected to be incurred to complete the contracts involved a high degree of auditor judgment and increased audit effort. 40 httpsJ/www.see.gov/Archives/edgaridata/0001718227/00017182272100C107/road-20210930.htm 75/144 3/25/22, 9:42 AM Table of Contents road -20210930 Our audit procedures related to revenue recognized under uncompleted long-term construction contracts included the following, among others: We obtained an understanding of the relevant controls related to revenue recognized under long-term construction contracts and tested such controls for design and operating effectiveness, including management's controls over the estimation of total contract costs to be incurred in order to complete uncompleted contracts. We selected a sample of long-term construction contracts and we performed the following: • Compared the current year costs incurred to prior year estimates of costs to complete, which involved comparing projects completed during the fiscal year with the estimates made as of the previous balance sheet date to evaluate management's ability to accurately estimate costs to complete on its long-term construction contracts. • Analyzed the estimated gross margins for uncompleted contracts by comparing the Company's three-year historical average gross margin stratified by customer type to the estimated margin for uncompleted contracts at fiscal year end. • Inquired with individuals outside of the accounting function, including project management teams and individuals responsible for oversight and performance of the contracts, to obtain corroborating evidence regarding estimates of costs to complete and estimated gross margins on uncompleted contracts. Compared the costs incurred during the month immediately subsequent to the fiscal year end to costs and estimated earnings to date on uncompleted contracts at September 30, 2021, and on a sample basis, inquired with individuals responsible for oversight and performance of the contracts in order to obtain corroborating evidence regarding estimated earnings on uncompleted contracts. Fair Value Estimation of Afineral Reserves Acquired in Business Combinations Critical Audit Matter Description As described in Note 4 to the consolidated financial statements, during the fiscal year ended September 30, 2021, the Company acquired a crushed stone and aggregates facility located near Goldston, North Carolina and a HMA contracting company located in Cullman, Alabama that includes four aggregate facilities, resulting in a total provisional fair value of acquired mineral reserves of $56,718,000. The Company accounted for these transactions as business acquisitions with the identifiable assets acquired and liabilities assumed recorded at their provisional estimated fair values. As described in Note 2 to the consolidated financial statements, the Company estimated the provisional fair values of acquired mineral reserves using an excess earnings approach, which required management to make significant estimates and assumptions related to forecasted sales prices, forecasted sales volumes, forecasted profit margins and the selection of a discount rate. We have identified the provisional fair value of mineral reserves acquired in business combinations as a critical audit matter because of the significant estimates and assumptions management used in estimating the provisional fair values. Auditing management's key estimates and assumptions involved a high degree of auditor judgment and increased audit effort, including the use of our valuation specialists. Our audit procedures related to the provisional fair value of mineral reserves acquired in business combinations included the following, among others: We obtained an understanding of the relevant controls related to selecting key assumptions and inputs inherent in the fair value estimation valuation models and tested such controls for design and operating effectiveness. We involved valuation professionals with specialized skills and knowledge, who assisted in the following: • Evaluating the elements of the discount rate assumption used by management by comparing them against publicly available market data • Evaluating the forecasted sales prices, forecasted sales volumes, forecasted profit margins by comparing management's estimates to market data !s! RSM US LLP We have served as the Company's auditor since 2017. Birmingham, Alabama November 29, 2021 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 76/144 3/25/22, 9:42 AM 41 road -20210930 httpsl/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 77/144 3/25/22, 9:42 AM road -20210930 Table of Contents Report of Independent Registered Public Accounting Firm To the Stockholders and the Board of Directors of Construction Partners, Inc. Opinion on the Internal Control Over Financial Reporting We have audited Construction Partners, Inc.'s (the Company) internal control over financial reporting as of September 30, 2021, based on criteria established in Internal Control — Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission in 2013. In our opinion, the Company maintained, in all material respects, effective internal control over financial reporting as of September 30, 2021, based on criteria established in Internal Control — Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission in 2013. We have also audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the consolidated Financial statements of the Company and our report dated November 29, 2021 expressed an unqualified opinion. Basis for Opinion The Company's management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting in the accompanying Management's Report on Internal Control Over Financial Reporting. Our responsibility is to express an opinion on the Company's internal control over financial reporting based on our audit. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over financial reporting was maintained in all material respects. Our audit included obtaining an understanding of internal control over financial reporting, assessing the risk that a material weakness exists, and testing and evaluating the design and operating effectiveness of internal control based on the assessed risk. Our audit also included performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Definition and Limitations of Internal Control Over Financial Reporting A company's internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company's internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use or disposition of the company's assets that could have a material effect on the financial statements. Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. /s/ RSM US LLP Birmingham, Alabama November 29, 2021 42 https://www.sec.gov/Archivesledgarldata/0001718227/000171822721000107/road-202l0930.htm 78/144 3/25/22, 9:42 AM road -20210930 Table of Contents CONSTRUCTION PARTNERS, INC. CONSOLIDATED BALANCE SHEETS (in thousands, except share and per share data) Property, plant and equipment, net September 30, 237,230 Operating lease right -of -use assets 2021 2020 ASSETS 85,422 46,348 Current assets: 4,163 3,224 Cash and cash equivalents S 57,251 S 148,316 Contracts receivable including retainage, net 158,170 131,770 Costs and estimated eamings in excess of billings on uncompleted contracts 23,023 7,873 Inventories 53,792 38,561 Prepaid expenses and other current assets 7,790 5,041 Total current assets 300,026 331,561 Property, plant and equipment, net 404,832 237,230 Operating lease right -of -use assets 6,535 7,383 Goodwill 85,422 46,348 Intangible assets, net 4,163 3,224 Investment in joint venture 108 198 Other assets 5,534 1,784 Deferred income taxes, net - 386 Total assets $ 806,620 S 628,114 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Accounts payable S 36,390 $ 64,732 Billings in excess of costs and estimated earnings on uncompleted contracts 33.719 33,704 Current portion of operating lease liabilities 1,395 2,046 Current maturities of long-term debt 10,000 13,000 Accrued expenses and other current liabilities 26,459 22,347 Total current liabilities 117,963 135,829 Long-term liabilities: Long-term debt, net of current maturities and debt issuance costs 206,175 79,053 Operating lease liabilities, net of current portion 5,302 5,554 Deferred income taxes, net 17,362 14,003 Other long-term liabilities 10,919 8,480 Total long-term liabilities 239.758 107,09U Total liabilities 397,721 242,919 Commitments and contingencies Stockholders' Equity: Preferred stock, par value $0.001; 10,000,000 shares authorized at September 30, 2021 and September 30, 2020 and no shares issued and outstanding _ - Class A common stock, par value $0.001; 400,000,000 shares authorized, 36,600,639 shares issued and outstanding at September 30, 2021, and 33,875,884 shares issued and outstanding at September 30, 2020 37 34 Class B common stock, par value $0.001; 100,000,000 shares authorized, 18,514,791 shares issued and 15,691,839 shares outstanding at September 30, 2021, and 20,828,813 shares issued and 17,905,861 shares outstanding at September 3Q 2020 19 21 Additional paid -in capital 248,571 245,022 Treasury stock, at cost, 2,922,952 shares of Class B common stock, par value $0.001 (15,603) (15,603) Accumulated other comprehensive loss, net (23) - Retained earnings 175,898 155,721 Total stockholders' equity 408,399 385,195 'Total liabilities and stockholders' equity S 806,620 $ 628,114 See notes to consolidated financial statements 43 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 79/144 3/25/22, 9:42 AM Table of Contents road -20210930 CONSTRUCTION PARTNERS, INC. CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (in thousands, except share and per share data) Net income per share attributable to common stockholders: Basic $ 0.39 $ 0.78 $ 0.84 Diluted $ 0.39 S 0.78 $ 0.84 Weighted average number of common shares outstanding: Basic 51,636,955 51,489,211 51,421,159 Diluted 51,773,213 51,636,934 51,427,220 See notes to consolidated financial statements. 44 https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 80/144 For the Fiscal Year Ended September 30, 2021 2020 2019 Revenues $ 910,739 $ 785,679 $ 783,238 Cost of revenues 790,803 663,467 665,285 Gross profit 119,936 122,212 117,953 General and administrative expenses (91,878) (68,597) (62,724) Gain on sale of equipment, nct 2,043 1,616 1,909 Operating income 30,101 55,231 57,138 Interest expense, net (2,404) (3,113) (1,861) Other income 819 336 416 Income before provision for income taxes and earnings from investment in joint venture 28,516 52,454 55,693 Provision for income taxes 8,349 12,760 13,909 Earnings from investment in joint venture 10 603 1,337 Net income $ 20,177 $ 40,297 $ 43,121 Other comprehensive (loss), net of tax Unrealized (loss) on interest rate swap contract, net (23) — — Other comprehensive (loss) (23) — — Comprehensive income $ 20,154 $ 40,297 $ 43,121 Net income per share attributable to common stockholders: Basic $ 0.39 $ 0.78 $ 0.84 Diluted $ 0.39 S 0.78 $ 0.84 Weighted average number of common shares outstanding: Basic 51,636,955 51,489,211 51,421,159 Diluted 51,773,213 51,636,934 51,427,220 See notes to consolidated financial statements. 44 https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 80/144 3125/22, 9:42 AM Table of Contents road -20210930 CONSTRUCTION PARTNERS, INC. CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY (in thousands, except share data) See notes to consolidated financial statements. 45 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 811144 Class A Common Class B Common Accumulated Stock Stock Additional Other Total Paid -in Treasury Comprehensive Retained Stockholders' Shares Amount Shares Amount Capital Stock (Loss), net Earnings Equity Balance, September 30, 2018 11,950,000 $ 12 42,387,571 $ 42 $ 242,493 $ (15,603) $ — $ 72,525 $ 299,469 Conversion of Class B common stock to Class A common stock 20,355,202 20 (20,355,202) (20) — — — — — Issuance of stock grant awards 292,534 — — — — — — — — Stock option exercise — — 74,592 — 3 — — — 3 Equity -based compensation expense — — — — 957 — — — 957 Net income — — — — — — — 43,121 43,121 Balance, September 30, 2019 32,597,736 33 22,106,961 22 243,452 (15,603) — 115,646 343,550 Conversion of Class B common stock to Class A common stock 1,278,148 1 (1,278,148) (1) — — — — — Equity -based compensation expense — — — — 1,570 — — — 1,570 Effect of adopting ASU Topic 842 — — — — — — — (222) (222) Net income — — — — — — — 40,297 40,297 Balance, September 30, 2020 33,875,884 34 20,828,813 21 245,022 (15,603) — 155,721 385,195 Conversion of Class B common stock to Class A common stock 2,214,022 2 (2,214,022) (2) — — — — — Issuance of stock grant awards 510,733 1 Equity -based compensation expense — — — — 3,549 — — — 3,549 Other comprehensive (loss) — — — — — — (23) — (23) Net income — — — — — — — 20,177 20,177 Balance, September 30, 2021 36,600,639 $ 37 18,614,791 S 19 S 248,571 $ (15,603) $ (23) $175,898 $ 408,899 See notes to consolidated financial statements. 45 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 811144 3/25/22, 9:42 AM Table of Contents CONSTRUCTION PARTNERS, INC. CONSOLIDATED STATEMENTS OF CASH FLOWS (in thousands) Cash flows from operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation, depletion, accretion and amortization Amortization of deferred debt issuance costs Unrealized loss (gain) on derivative instruments Provision for bad debt Gain on sale of equipment Equity -based compensation expense Earnings from investment in joint venture Distribution of earnings from investment in joint venture Deferred income taxes Other non-cash adjustments Changes in operating assets and liabilities: Contracts receivable including retainage Costs and estimated earnings in excess of billings on uncompleted contracts Inventories Prepaid expenses and other current assets Other assets Accounts payable Billings in excess of costs and estimated earnings on uncompleted contracts Accrued expenses and other current liabilities Other long-term liabilities Net cash provided by operathig activities, net of acquisitions Cash flows from investing activities: Purchases of property, plant and equipment Acquisition of liquid asphalt terminal assets Proceeds from sale of equipment Business acquisitions, net of cash acquired Return of investment in joint venture Net cash used in investing activities Cash flows from financing activities: Proceeds from issuance of long-term debt, net of debt issuance costs and discount Principal payments of tong -term debt Payment of treasury stock purchase obligation Proceeds from sale of stock Net cash provided by (used in) financing activities Net change in cash and cash equivalents Cash and cash equivalents: Beginning of year End of year Supplemental cash flow information: Cash paid for interest Cash paid for income taxes Cash paid for operating lease liabilities Non-cash items: Operating lease right -of -use assets obtained in exchange for operating lease liabilities Property, plant and equipment financed with accounts payable Amounts payable to sellers in business combinations Non -compete agreements to seller in business combination See notes to consolidated financial statements. 46 road -20210930 For the Fiscal Year landed September 30, 2021 2020 2019 $ 20,177 $ 40,297 $ 43,121 49,806 39,301 31,231 275 170 109 (3,209) 1,900 565 784 705 995 (2,043) (1,616) (1,909) 3,549 1,570 9.57 (10) (603) (1,337) 100 540 - 3,745 3,3 t0 2,997 (46) (5) - (27,074) 7,407 (20,586) (15,150) 4,157 (2,696) (3,932) (1,183) (8,826) (1,759) 8,103 993 (2,928) 500 7,986 20,201 (5,710) 6,932 15 2,589 (7,623) 3,848 3,086 2,117 2,151 655 248 48,500 105,173 55,274 (56,332) (52,574) (42,479) - - (10,848) 3,654 3,041 4,456 (210,734) (30,191) (13,854) - 361 2,500 (263,412) (79,363) (60,225) 219,197 72,299 - (95,350) (30,412) (13,001) - - (569) - - 3 123,847 41,887 (13,567) (91,065) 67,697 (18,518) 148,316 80,619 99,137 $ 57,251 $ 148,316 $ 80,619 $ 3,197 $ 2,041 $ 2,639 $ 6,218 $ 9,905 $ 9,119 $ 2,532 $ 3,228 $ - $ 2,338 $ 1.,516 $ - $ 3,408 $ 2,761 $ 904 $ 1,457 $ - $ - $ 1,200 $ - $ - https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 82/144 3/25/22, 9:42 AM road -20210930 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 831144 3/25/22, 9:42 AM road -20210930 Table of Contents NOTES TO CONSOLIDATED FINANCIAL STATENIENTS Note 1- General Business Description Construction Partners, Inc. (the "Company") is a civil infrastructure company that specializes in the construction and maintenance of roadways across Alabama, Florida, Georgia, North Carolina and South Carolina. Through its wholly owned subsidiaries, the Company provides a variety of products and services to both public and private infrastructure projects, with an emphasis on highways, roads, bridges, airports, and commercial and residential developments. The Company's primary operations consist of (i) manufacturing and distributing hot mix asphalt ("HMA") for both internal use and sales to third parties in connection with construction projects, (ii) paving activities, including the construction of roadway base layers and application of asphalt pavement, (iii) site development, including the installation of utility and drainage systems, (iv) mining aggregates, such as sand, gravel and construction stone, that are used as raw materials in the production of HMA and for sales to third parties, and (v) distributing liquid asphalt cement for both internal use and sales to third parties in connection with HMA production. The Company was formed as a Delaware corporation in 2007 as a holding company to facilitate an acquisition growth strategy in the HMA paving and construction industry. SunTx Capital Partners ("SunTx"), a private equity firm based in Dallas, Texas, is the Company's majority investor and has owned a controlling interest in the Company's stock since the Company's inception. Management's Estimates The preparation of the consolidated financial statements in conformity with accounting principles generally accepted in the United States of America ("GAAP") requires management to make estimates and assumptions that affect the recorded amounts of assets, liabilities, stockholders' equity, revenues and expenses during the reporting period, and the disclosure of contingent liabilities at the date of the consolidated financial statements. Estimates are used in accounting for items such as recognition of revenues and cost of revenues, mineral reserves, goodwill and other intangible assets, business acquisition accounting estimates, valuation of operating lease right -of -use assets, allowance for doubtful accounts, valuation allowances related to income taxes, accruals for potential liabilities related to lawsuits or insurance claims, asset retirement obligations, the fair value of derivative instruments, the fair value of equity - based compensation awards and the economic implications of the COVID-19 pandemic. Estimates are continually evaluated based on historical information and actual experience; however, actual results could differ from these estimates. Note 2 - Significant Accounting Policies Basis of Presentation The consolidated financial statements include the accounts of the Company and its wholly owned subsidiaries. All inter -company balances and transactions have been eliminated in consolidation. Cash and Cash Equivalents Cash consists principally of currency on hand and demand deposits at commercial banks. Cash equivalents are short-term, highly liquid investments that are both readily convertible to known amounts of cash and are so near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Cash equivalents include investments with original maturities of three months or less. The Company maintains demand accounts, money market accounts and certificates of deposit at several banks. From time to time, account balances have exceeded the maximum available federal deposit insurance coverage limit. The Company has not experienced any losses in such accounts and regularly monitors its credit risk. Contracts Receivable Including Retainage, Net Contracts receivable are generally based on amounts billed and currently due from customers, amounts currently due but unbilled, and amounts retained by customers pending completion of a protect. It is common in the Company's industry for a small portion of either progress billings or the contract price, typically 10%, to be withheld by the customer until the Company completes a project to the satisfaction of the customer in accordance with the applicable contract terms. Such amounts, defined as retainage, represent a contract asset and are included on the Consolidated Balance Sheets as "Contracts receivable including retainage, net." Based on the Company's experience with similar contracts in recent years, billings for such retainage balances are generally collected within one year of the completion of the project. https://www.sec.gov/Archives/edgar/data/0001718227!000171822721000107/road-20210930.htm 84/144 3/25/22, 9:42 AM road -20210930 Contracts receivable including retainage, net is stated at the amount management expects to collect from outstanding balances. Management provides for uncollectible accounts through a charge to earnings and a credit to the allowance for doubtful accounts based on its assessment of the current status of individual accounts, type of service performed, current economic conditions, historical losses 47 https:/hvww.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 85/144 3/25/22, 9:42 AM Table of Contents road -20210930 and other information available to management. Balances that are still outstanding after management has used reasonable collection efforts are written off through a charge to the allowance for doubtful accounts and an adjustment to the contract receivable. Contract Assets and Contract Liabilities Billing practices for the Company's contracts are governed by the contract terms of each project based on (i) progress toward completion approved by the owner, (ii) achievement of milestones or (iii) pre -agreed schedules. Billings do not necessarily correlate with revenues recognized under the cost -to -cost input method (formerly known as the percentage -of -completion method). The Company records contract assets and contract liabilities to account for these differences in timing. The contract asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," arises when the Company recognizes revenues for services performed under its construction projects, but the Company is not yet entitled to bill the customer under the terms of the contract. Amounts billed to customers are excluded from this asset and reflected on the Consolidated Balance Sheets as "Contracts receivable including retainage, net." Included in costs and estimated earnings on uncompleted contracts are amounts the Company seeks or will seek to collect from customers or others for (i) errors, (ii) changes in contract specifications or design, (iii) contract change orders in dispute, unapproved as to scope and price, or (iv) other customer -related causes of unanticipated additional contract costs (such as claims). Such amounts are recorded to the extent that the amount can be reasonably estimated and recovery is probable. Claims and unapproved change orders made by the Company may involve negotiation and, in rare cases, litigation. Unapproved change orders and claims also involve the use of estimates, and revenues associated with unapproved change orders and claims are included in the transaction price for which it is probable that a significant reversal in the amount of cumulative revenue recognized will not occur when the uncertainty is resolved. The Company did not recognize any material amounts associated with claims and unapproved change orders during the periods presented. The contract liability, `Billings in excess of costs and estimated earnings on uncompleted contracts," represents the Company's obligation to transfer goods or services to a customer for which the Company has been paid by the customer or for which the Company has billed the customer under the terms of the contract. Revenue for future services reflected in this account are recognized, and the liability is reduced, as the Company subsequently satisfies the performance obligation under the contract. Costs and estimated earnings in excess of billings on uncompleted contracts and billings in excess of costs and estimated earnings on uncompleted contracts are typically resolved within one year and are not considered significant financing components. Concentration of Risks Financial instruments that potentially subject the Company to concentrations of credit risk consist primarily of contracts receivable including retainage. In the normal course of business, the Company provides credit to its customers and does not generally require collateral. The Company monitors concentrations of credit risk associated with these receivables on an ongoing basis. The Company has not historically experienced significant credit losses, due primarily to management's assessment of customers' credit ratings. The Company principally deals with recurring customers, state and local governments and well-known local companies whose reputations are known to management. The Company performs credit checks for significant new customers and generally requires progress payments for significant projects. The Company generally has the ability to file liens against the property if payments are not made on a timely basis. No single customer accounted for more than 10% of the Company's contracts receivable including retainage, net balance at September 30, 2021 or September 30, 2020. Projects performed for various departments of transportation accounted for 33.7%, 32.5% and 40.4% of consolidated revenues for the fiscal years ended September 30, 2021, 2020 and 2019, respectively. Customers that accounted for more than 10% of consolidated revenues during fiscal years ended September 30, 2021, 2020 and 2019 are presented below: Alabama Department of Transportation North Carolina Department of Transportation 48 % of Consolidated Revenues for the Fiscal Year Ended September 30, 2021 2020 2019 10.8% 11.6% 13.8% 10.3% 7.8% 13.1% https:/Iwww.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 861144 3/25/22,9:42 AM Table of Contents Inventories road -20210930 The Company's inventories are stated at the lower of cost or net realizable value and are accounted for on an average cost basis or a first -in, first -out cost basis. The cost of inventory includes the cost of material, labor, trucking and other equipment costs associated with procuring and transporting materials to HMA plants for production and delivery to customers. Inventories consist primarily of construction stone that has been removed from aggregates facilities and processed for future sale or internal use, raw materials, including asphalt cement, aggregates and millings that the Company expects to utilize on construction projects within one year. Inventories valued on the average cost basis totaled $46.1 million and $33.7 million, respectively, at September 30, 2021 and 2020. Inventories valued on the first -in, fust -out cost basis totaled $7.6 million and $4.8 million, respectively, at September 30, 2021 and 2020. Revenues from Contracts with Customers The Company derives all of its revenues from contracts with its customers, predominantly by performing construction services for both public and private infrastructure projects, with an emphasis on highways, roads, bridges, airports and commercial and residential developments. These projects are performed for a mix of federal, state, municipal and private customers. In addition, the Company generates revenues from the sale of construction materials, including HMA, aggregates, liquid asphalt and ready -mix concrete, to third - party public and private customers pursuant to contracts with those customers. The following table reflects, for the periods presented, (i) revenues generated from public infrastructure construction projects and the sale of construction materials to public customers and (ii) revenues generated from private infrastructure construction projects and the sale of construction materials to private customers. % of Consolidated Revenues for the Fiscal Year Ended September 30, 2021 2020 2019 Public 61.3% 65.3% 69.3% Private 38.7% 34.7% 30.7% Revenues derived from construction projects are recognized over time as the Company satisfies its performance obligations by transferring control of the asset created or enhanced by the project to the customer. Recognition of revenues and cost of revenues for construction projects requires significant judgment by management, including, among other things, estimating total costs expected to be incurred to complete a project and measuring progress toward completion. Management reviews contract estimates regularly to assess revisions of estimated costs to complete a project and measurement of progress toward completion. No material adjustments to a contract were noted in the fiscal year ended September 30, 2021. Management believes the Company maintains reasonable estimates based on prior experience; however, many factors contribute to changes in estimates of contract costs. Accordingly, estimates made with respect to uncompleted projects are subject to change as each project progresses and better estimates of contract costs become available. All contract costs are recorded as incurred, and revisions to estimated total costs are reflected as soon as the obligation to perform is determined. Provisions are recognized for the full amount of estimated losses on uncompleted contracts whenever evidence indicates that the estimated total cost of a contract exceeds its estimated total revenue, regardless of the stage of completion. When the Company incurs additional costs related to work performed by subcontractors, the Company may be able to utilize contractual provisions to back charge the subcontractors for those costs. A reduction to costs related to back charges is recognized when estimated recovery is probable and the amount can be reasonably estimated. Contract costs consist of (i) direct costs on contracts, including labor, materials, and amounts payable to subcontractors and (ii) indirect costs related to contract performance, such as insurance, employee benefits, and equipment (primarily depreciation, fuel, maintenance and repairs). Progress toward completion is estimated using the input method, measured by the relationship of total cost incurred through the measurement date to total estimated costs required to complete the project (cost -to -cost method). The Company believes this method best depicts the transfer of goods and services to the customer because it represents satisfaction of the Company's performance obligation under the contract, which occurs as the Company incurs costs. The Company measures percentage of completion based on the performance of a single performance obligation under its construction projects. Each of the Company's construction contracts represents a single performance obligation to complete a defined construction project. This is because goods and services promised for delivery to a customer are not distinct, as the customer cannot benefit from any individual portion of the services on its own. All deliverables under a contract are part of a project defined by a customer and represent a series of integrated goods and services that have the same pattern of delivery to the customer and use the same measure of progress toward satisfaction of the performance obligation as the customer's asset is created or enhanced by the Company. The Company's obligation is not satisfied until the entire project is complete. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 871144 3125/22, 9:42 AM road -20210930 Revenue recognized during a reporting period is based on the cost -to -cost input method applied to the total transaction price, including adjustments for variable consideration, such as liquidated damages, penalties or bonuses, related to the timeliness or quality of project performance. The Company includes variable consideration in the estimated transaction price at the most likely amount to which the 49 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 88/144 3/25/22, 9:42 AM Table of Contents road -20210930 Company expects to be entitled or the most likely amount the Company expects to incur, in the case of liquidated damages or penalties. Such amounts are included in the transaction price for which it is probable that a significant reversal in the amount of cumulative revenue recognized will not occur when the uncertainty is resolved. The Company accounts for changes to the estimated transaction price using a cumulative catch-up adjustment. The majority of the Company's public construction contracts are fixed unit price contracts. Under fixed unit price contracts, the Company is committed to providing materials or services required by a contract at fixed unit prices (for example, dollars per ton of asphalt placed). The Company's private customer contracts are primarily fixed total price contracts, also known as lump sum contracts, which require that the total amount of work be performed for a single price. Contract cost is recorded as incurred, and revisions in contract revenue and cost estimates are reflected in the accounting period when known. Changes in job performance, job conditions and estimated profitability, including those changes arising from contract change orders, penalty provisions and final contract settlements, may result in revisions to estimated revenues and costs and are recognized in the period in which the revisions are determined. Change orders are modifications of an original contract that effectively change the existing provisions of the contract and become part of the single performance obligation that is partially satisfied at the date of the contract modification. This is because goods and services promised under change orders are generally not distinct from the remaining goods and services under the existing contract, due to the significant integration of services performed in the context of the contract. Accordingly, change orders are generally accounted for as a modification of the existing contract and single performance obligation. We account for the modification using a cumulative catch-up adjustment. Either the Company or its customers may initiate change orders, which may include changes in specifications or designs, manner of performance, facilities, equipment, materials, sites and period of completion of the work. Revenues derived from the sale of HMA, aggregates, ready -mix concrete, and liquid asphalt are recognized at a point in time, which is when control of the product is transferred to the customer. Generally, that point in time is when the customer accepts delivery at its facility or receives product in its own transport vehicles from one of the Company's IiMA plants or aggregates facilities. Upon purchase, the Company generally provides an invoice or similar document detailing the goods transferred to the customer. The Company generally offers payment terms customary in the industry, which typically require payment ranging from point-of-sale to 30 days following purchase. Fair Value Measurements The Company measures and discloses certain financial assets and liabilities at fair value. Fair value is 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. Inputs used to measure fair value are classified using the following hierarchy: Level 1. Unadjusted quoted prices in active markets for identical assets or liabilities that the reporting entity has the ability to access at the measurement date. Level 2. Inputs other than quoted prices included within Level l that are observable for the asset or liability, either directly or indirectly through corroboration with observable market data. Level 3. Inputs are unobservable for the asset or liability and include situations in which there is little, if any, market activity for the asset or liability. The inputs used in the determination of fair value are based on the best information available under the circumstances and may require significant management judgment or estimation. The Company endeavors to utilize the best available information in measuring fair value. The Company's financial instruments include cash and cash equivalents, contracts receivable including retainage, accounts payable and accrued expenses reflected as current assets and current liabilities on its Consolidated Balance Sheets at September 30, 2021 and 2020. Due to the short-term nature of these instruments, management considers their carrying value to approximate their fair value. The Company also has a Term Loan and a Revolving Credit Facility, as described in Note 11 - Debt. The carrying value of amounts outstanding under these credit facilities is reflected as long-term debt, net of current maturities and current maturities of long-term debt on the Company's Consolidated Balance Sheets at September 30, 2021 and 2020. Due to the variable rate or short-term nature of these instruments, management considers their carrying value to approximate their fair value. The Company also has derivative instruments. The fair value of commodity and interest rate swaps are based on forward and spot prices, as described in Note 21 - Fair Value Measurements. https://www.sec.govfArchivesfedgar/data!0001718227/000171822721000107/road-202l0930.htm 89/144 3/25/22, 9:42 AM road -20210930 Level 3 fair values are used to value acquired mineral reserves and leased mineral interests. The fair values of mineral reserves and leased mineral interests are determined using an excess earnings approach, which requires management to estimate future cash flows. The estimate of future cash flows is based on available historical information and forecasts determined by management, but is 50 https://www.sec.gov/Archives/edgaridata/0001718227/000171822721000107/road-20210930.htm 90/144 3/25122, 9:42 AM Table of Contents road -20210930 inherently uncertain. Key assumptions in estimating future cash flows include sales price, volumes and expected profit margins, net of capital requirements. The present value of the projected net cash flows represents the fair value assigned to mineral reserves and mineral interests. The discount rate is a significant assumption used in the valuation model and is based on the required rate of return that a hypothetical market participant would assume if purchasing the acquired business. Management applies fair value measurement guidance to its impairment analysis for tangible and intangible assets, including goodwill. Property, Plant and Equipment Property, plant and equipment are initially recorded at cost or, if acquired as a business combination, at fair value and depreciated on a straight-line basis over their estimated useful lives. Leasehold improvements for operating leases are amortized over the lesser of the term of the related lease or the estimated useful lives of the improvements. Mineral reserves and mine development costs, including stripping costs incurred during the development stage of a mine, are depleted in accordance with the units -of -production method as aggregates arc extracted, using the initial allocation of cost based on proven and probable reserves. Routine repair and maintenance costs are expensed as incurred. Asset improvements arc capitalized at cost and amortized over the remaining useful life of the related asset. The estimated useful lives of property, plant and equipment categories are as follows: Category Estimated Useful Life Land and improvements Land, unlimited; improvements, 15-25 years Mineral reserves Buildings Plants Construction equipment Furniture and fixtures Based on depletion 5 - 39 years 3 - 20 years 3 - 10 years 5 - 10 years Leasehold improvements The shorter of 15 years or the remaining lease term Management periodically assesses the estimated useful life over which assets are depreciated, depleted or amortized. If the analysis warrants a change in the estimated useful life of property, plant and equipment, management will reduce the estimated useful life and depreciate, deplete or amortize the carrying value prospectively over the shorter remaining useful life. The carrying amounts of assets sold or retired and the related accumulated depreciation are eliminated in the period of disposal, and the resulting gains and losses are included in the Company's Consolidated Statements of Comprehensive Income during the same period. Impairment of Long -Lived Assets The carrying value of property, plant and equipment and intangible assets subject to amortization is evaluated whenever events or changes in circumstances indicate that the carrying amount of such assets, or an asset group, may not be recoverable. Events or circumstances that might cause management to perform impairment testing include, but are not limited to, (i) a significant decrease in the market price of an asset, (ii) a significant adverse change in the extent or manner in which an asset is used or in its physical condition, (iii) an accumulation of costs significantly in excess of the amount originally expected for the acquisition or construction of an asset, (iv) an operating or cash flow performance combined with a history of operating or cash flow losses or a forecast that demonstrates continuing losses associated with the use of an asset, and (v) an expectation that an asset will be disposed of significantly before the end of its previously estimated useful life. If indicators of potential impairment are present, management performs a recoverability test and, if necessary, records an impairment loss. If the total estimated future undiscounted cash flows to be generated from the use and ultimate disposition of an asset or asset group is less than its carrying value, an impairment loss is recorded in the Company's Consolidated Statements of Comprehensive Income, measured as the amount required to reduce the carrying value to fair value. Fair value is determined in accordance with the best available information based on the hierarchy described under "Fair Value Measurements" above. For example, the Company would first seek to identify quoted prices or other observable market data. If observable data is not available, management would apply the best available information under the circumstances to a technique, such as a discounted cash flow model, to estimate fair value. Impairment analysis involves estimates and the use of assumptions in connection with judgments made in forecasting long -tern estimated inflows and outflows resulting from the use and ultimate disposition of an asset, and determining the ultimate useful lives of assets. Actual results may differ from these estimates using different assumptions, which could materially impact the results of an impairment assessment. 51 https://www.sec.gov/Archives/edgar/data/0001 718227/000171822721000107/road-20210930.htm 91/144 3/25/22, 9:42 AM road -20210930 Tablc of Contents Goodwill and Other Intangible Assets Goodwill represents the excess of the purchase price over the fair value of net assets acquired and liabilities assumed in business combinations. Other intangible assets consist of an indefinite -lived trade name license in connection with a business acquired, and finite -lived assets, including a non -compete agreement, customer relationships and construction backlog, each acquired in business acquisitions. Goodwill and indefinite -lived intangible assets are not amortized, but are reviewed for impairment at least annually, or more frequently when events or changes in circumstances indicate that the carrying value may not be recoverable. In addition, management evaluates whether events and circumstances continue to support an indefinite useful life. Judgments regarding indicators of potential impairment are based on market conditions and operational performance of the business. Annually, on the first day of the Company's fourth fiscal quarter, management performs an analysis of the carrying value of goodwill at its reporting unit for potential impairment. In accordance with GAAP, the Company may assess its goodwill for impairment initially using a qualitative approach to determine whether conditions exist to indicate that it is more likely than not that the fair value of a reporting unit is less than its carrying value. If management concludes, based on its assessment of relevant events, facts and circumstances, that it is more likely than not that a reporting unit's carrying value is greater than its fair value, then a quantitative analysis will be performed to determine whether there is any impairment. The Company may also elect to initially perform a quantitative analysis instead of starting with a qualitative assessment. Because the Company has only one reporting unit, a market capitalization calculation can be performed as the first step of the quantitative assessment by comparing the book value of the Company's stock (determined by reference to the Company's stockholders' equity) to the fair value of a share of the Company's stock. If the fair value of the stock is greater than the book value of the stock, goodwill is deemed not to be impaired, and no further testing is required. If the fair value is less than the calculated book value, then the Company must take a second step to determine the impairment amount, as described below. The second step requires comparing the carrying value of a reporting unit, including goodwill, to its fair value, typically using the multiple period discounting method under the income approach and market approach. The income approach uses a discounted cash flow model, which involves significant estimates and assumptions, including preparation of revenues and profitability growth forecasts, selection of a discount rate, and selection of a terminal year multiple, to estimate fair value. The market approach could include applying a control premium to the market price of the Company's common stock or utilizing guideline public company multiples. Management's assessment of facts and circumstances at each analysis date could cause these assumptions to change. If the fair value of the respective reporting unit exceeds its carrying amount, goodwill is not considered to be impaired, and no further testing is required. If the carrying amount of a reporting unit exceeds its fair value, an impairment charge is recorded to write down goodwill to its fair value and is recorded in the Company's Consolidated Statements of Comprehensive Income. The Company performed a quantitative assessment of goodwill using the market capitalization calculation for fiscal years 2021 and 2020 and determined that the fair value of its reporting unit exceeded its carrying value, and thus concluded that the carrying value of goodwill was not impaired at September 30, 2021 or 2020. Accordingly, no further analysis was required or performed. Management also annually assesses the carrying value of the Company's indefinite -lived intangible assets other than goodwill on the first day of the fiscal fourth quarter. The Company performed a qualitative impairment assessment of its indefinite -lived name license. The qualitative assessment did not identify indicators of impairment, and it was determined that is more likely than not the indefinite - lived name license fair value was more than its carrying amount. Accordingly, no further analysis was required or performed. Deferred Financing Costs Costs directly associated with obtaining debt financing are capitalized upon the issuance of long-term debt and amortized over the term of the related debt agreement. Unamortized amounts are presented on the Consolidated Balance Sheets as a direct deduction from the carrying amount of the related long-term debt liability. Loan issuance costs associated with the Revolving Credit Facility are presented as a component of other assets. Loan issuance costs incurred in connection with the Revolving Credit Facility are amortized using the straight-line method over the life of the Credit Agreement. Income Taxes The provision for income taxes includes federal and state income taxes. Income taxes are accounted for under the asset and liability method. Under this method, deferred tax assets and liabilities are recognized for the expected future tax consequences of temporary differences between the financial statement carrying values and their respective tax bases. Deferred tax assets and liabilities are measured using enacted tax rates expected to apply to taxable income in the fiscal years in which the temporary differences are expected to be reversed or settled. The effect of a change in tax rates on deferred tax assets and liabilities is recognized in income in the period that includes the enactment date. Management evaluates the realization of deferred tax assets and establishes a valuation allowance when it is more likely than not that all or a portion of the deferred tax assets will not be realized. Deferred tax assets and https://www.sec.gov/Archives/edgar/data/0001718227!000171822721000107/road-20210930.htm 92/144 3/25/22, 9:42 AM road -20210930 deferred tax liabilities are presented on a net basis by taxing authority and classified as non-current on the Consolidated Balance Shcets. 52 https://vnwv.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 93/144 3/25122, 9:42 AM Table of Contents road -20210930 We recognize the financial statement benefit of the Company's tax positions that are at least more likely than not to be sustained upon audit based on the technical merits of the tax position. For tax positions that are more likely than not to be sustained upon audit, management accrues the largest amount of the benefit that is more likely than not to be sustained. The Company classifies income tax - related interest and penalties as interest expense and other expenses, respectively. Refer to Note 15 - Provision for Income Taxes for further information regarding our federal and state income taxes. Equity -Based Incentive Plans Compensation costs related to equity -classified share -based awards are recognized in the consolidated financial statements based on grant date fair value. Compensation cost for graded -vesting awards is recognized ratably over the respective vesting periods. Accrued Insurance Costs The Company carnes insurance policies to cover various risks, primarily including general liability, automobile liability and workers' compensation, under which it is liable to reimburse the insurance company for a portion of each claim paid. The amount for which the Company is liable for general liability, automobile liability and workers' compensation claims ranges from $100,000 to $500,000 per occurrence. Management accrues insurance costs for probable losses, both reported and unreported, that are reasonably estimable using actuarial methods based on historic trends modified, if necessary, by recent events. Changes in loss assumptions caused by changes in actual experience would affect the assessment of the ultimate liability and could have an effect on the Company's operating results and financial position up to $500,000 per occurrence for general liability, automobile liability and workers' compensation claims. The Company provides employee medical insurance under policies that are both fixed -premium, fully -insured policies and self-insured policies that are administered by the insurance company. Under the self-insured policies, the Company is liable to reimburse the insurance company for actual claims paid plus an administrative fee. The Company purchases separate stop -loss insurance that limits the individual participant claim loss to amounts ranging from $100,000 to $160,000. In addition to the retention items noted above, the Company's insurance provider requires the Company to maintain a standby letter of credit. This letter of credit serves as a guarantee by the banking institution to pay the Company's insurance provider the incurred claim costs attributable to general liability, workers' compensation and automobile liability claims, up to the amount stated in the standby letter of credit, in the event that these claims are not paid by the Company (see Note 18 - Commitments and Contingencies). Earnings per Share Basic net income per share attributable to common stockholders is computed by dividing net income attributable to common stockholders by the weighted average number of common shares outstanding during the period. Diluted net income per common share attributable to common stockholders is the same as basic net income per share attributable to common stockholders, but includes dilutive unvested stock awards using the treasury stock method. Stripping Costs Stripping costs are costs incurred for the removal of overburden or waste materials for the purpose of obtaining access to aggregate materials that will be commercially produced. Stripping costs incurred during the development stage of a mine (pre -production stripping) are capitalized and reported within property, plant and equipment, net in our accompanying Consolidated Balance Sheets. Capitalized pre -production stripping costs are depleted in accordance with the units -of -production method as aggregates are extracted. Pre -production stripping costs included in property, plant and equipment were S2.7 million and $0.0 million, respectively, for the fiscal years ended September 30, 2021 and 2020. Stripping costs incurred during the production phase of a mine are variable production cost.-, and are included in the costs of the inventory produced during the period that the stripping costs are incurred. The production phase of a mine is deemed to begin when saleable minerals are extracted, regardless of the level of production. However, the production phase does not commence with the removal of de minimis saleable mineral material that occurs in conjunction with the removal of overburden or waste material for the purpose of obtaining access to aggregate materials. Stripping costs considered as production costs and included in the costs of inventory produced for the fiscal years ended September 30, 2021, 2020 and 2019 was $1.8 million, $1.3 million and $1.6 million, respectively. 53 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 941144 3/25/22, 9:42 AM road -20210930 Table of Contents Asset Retirement Obligations Asset retirement obligations (AROs) are legal obligations associated with the retirement of tangible long-lived assets resulting from the acquisition, construction, development and/or normal use of the underlying assets. The ARO is recognized at its estimated fair value in the period in which it is incurred. These obligations generally include the estimated net future costs of dismantling, restoring and reclaiming operating mines and related mine sites, in accordance with federal, state, local regulatory and land lease agreement requirements. Upon initial recognition of a liability, the associated asset retirement costs are capitalized as part of the related long-lived asset and depreciated over the estimated useful life of the related asset. The liability is accreted over time through charges to earnings. Reclamation costs are periodically adjusted to reflect changes in the estimated present value resulting from the passage of time and revisions to the estimates of either the timing or amount of the reclamation and abandonment costs. If the ARO is settled for an amount other than the carrying amount of the liability, the Company recognizes a gain or loss on settlement. The Company reviews, on an annual basis, unless otherwise deemed necessary, the asset retirement obligation at each mine site in accordance with ASC guidance for accounting for reclamation obligations. To determine the fair value of the AROs, the Company estimates the cost for a third party to perform the legally required reclamation activities including a reasonable profit margin. This cost is then increased for future estimated inflation based on the estimated years to complete and discounted to fair value using present value techniques with a credit -adjusted, risk-free rate. See Note 24 - Asset Retirement Obligations. Right of Use Assets and Lease Liabilities At the inception of a contractual arrangement, the Company determines whether a contract contains a lease by assessing whether the contract conveys to the Company the right to control the use of an identified asset in exchange for consideration over a period of time. Leases are recognized in accordance with ASC Topic 842, Leases ("Topic 842"), which we adopted effective October 1, 2019 using a modified retrospective transition approach. The Company measures and records an operating lease liability equal to the present value of the future lease payments. Because most of the Company's leases do not provide an implicit rate, the Company's incremental borrowing rate is used in determining the present value of lease payments. The amount of the operating lease right -of -use asset consists of: (i) the amount of the initial measurement of the operating lease liability; (ii) any lease payments made at or before the commencement date, minus any lease incentives received; and (iii) any initial direct costs incurred. The present value calculation may account for an option to extend or terminate the lease when it is reasonably certain that the Company will exercise the option. The Company has elected not to apply the recognition requirements of Topic 842 to short-term leases (those with tenns of 12 months or less) or leases to explore for or use minerals. Instead, for these types of leases, the Company recognizes lease expense in the Consolidated Statements of Comprehensive Income on a straight-line basis over the lease term. Comprehensive Its come We report comprehensive income in our Consolidated Statements of Comprehensive Income and Consolidated Statements of Stockholders' Equity. Comprehensive income comprises two subsets: net income and other comprehensive income (OCI). OCI includes adjustments for changes in fair value of an interest rate swap contract derivative. For additional information about comprehensive income see Note 23 - Other Comprehensive Income. Segment Reporting and Reporting Units As of September 30, 2021, the Company operated in Alabama, Florida, Georgia, North Carolina and South Carolina through its wholly owned subsidiaries located in four southeastern states. Each of the Company's platform operating companies engages in essentially the same business, which consists primarily of infrastructure and road construction. Management determined that the Company functions as a single operating segment, and thus reports as a single reportable segment. This determination is based on rules prescribed by GAAP applied to the manner in which management operates the Company. In particular, management assessed the discrete financial information routinely reviewed by the Company's chief operating decision maker ("CODM"), its Chief Executive Officer, to monitor the Company's operating performance and support decisions regarding allocation of resources to its operations. Specifically, performance is continuously monitored at the consolidated level and at the individual contract level to timely identify deviations from expected results. Resource allocations are based on the capacity of the Company's operating facilities to pursue new project opportunities, including reallocation of assets that are underutilized from time to time at a certain operating facility to another operating facility where additional resources might be required to fully meet demand. haps://www.sec.gov/Archives/edgar/data10001718227/000171822721000107/road-20210930.htm 95/144 3/25122, 9:42 AM road -20210930 Other factors further supporting this conclusion include substantial similarities throughout all of the Company's operations with respect to services provided, type of customers, sourcing of materials and manufacturing and delivery methodologies. 54 https://www.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 961144 3/25/22. 9:42 AM Table of Contents road -20210930 Management further determined that, based on their economic similarities, the Company's five platform operating companies, representing components, should be aggregated into one reporting unit for purposes of assessing potential impairment of goodwill in accordance with ASC Topic 350, Intangibles — Goodwill and Other. These legal entities represent material acquisitions that occurred over time pursuant to the Company's strategic growth strategy. Each platform company is managed by its president, who has primary responsibility for the respective operating company. Collectively, these presidents are directly accountable to, and maintain regular contact with, the CODM as a team to discuss operating activities, financial results, forecasts, and operating plans for the Company's single operating segment. Business Acquisitions The Company accounts for business combinations using the acquisition method of accounting in accordance with ASC 805 - Business Combinations, which allocates the fair value of the purchase consideration to the tangible and intangible assets acquired and liabilities assumed based on their estimated fair values. The excess of the purchase consideration over the fair values of these identifiable assets and liabilities is recorded as goodwill. Determining the fair values of assets acquired and liabilities assumed requires judgment and often involves the use of significant estimates and assumptions. We engage third -party appraisal firms when appropriate to assist in the fair value determination of assets acquired and liabilities assumed. Acquisition -related expenses and transaction costs associated with business combinations are expensed as incurred. The Company may adjust the amounts recognized in an acquisition during a measurement period not to exceed one year from the date of acquisition. Any such adjustments are the result of subsequently obtaining additional information that existed at the acquisition date regarding the assets acquired or the liabilities assumed. Measurement period adjustments are generally recorded as increases or decreases to goodwill, if any, recognized in the transaction. The cumulative impact of measurement period adjustments on depreciation, amortization and other income statement items are recognized in the period the adjustment is determined. Note 3 - Accounting Standards Recently Adopted Accounting Pronouncements In June 2016, the FASB issued Accounting Standards Update ("ASU") 2016-13, "Financial Instruments - Credit Losses (Topic 326)," which introduces an impairment model that is based on expected losses rather than incurred losses. Under the new guidance, an entity recognizes as an allowance its estimate of expected credit losses, which the FASB believes will result in more timely recognition of such losses. The amendments pursuant to Topic 326 were effective for fiscal years beginning after December 15, 2019, including interim periods within those fiscal years. The Company adopted this guidance effective October 1, 2020 as required and noted no material impact to the Company's consolidated financial statements. In August 2018, the FASB issued ASU 2018-15, "Customer's Accounting for Implementation Costs Incurred in a Cloud Computing Arrangement That Is a Service Contract." This ASU requires customers in a hosting arrangement that is a service contract to capitalize certain implementation costs as if the arrangement was an internal -use software project. ASU 2018-15 was effective for fiscal years beginning after December 15, 2019, including interim periods within those fiscal years. The Company adopted this guidance effective October 1, 2020 as required and noted no material impact to the Company's consolidated financial statements. Recently Issued Accounting Pronouncements Not Yet Adopted The FASB has issued certain ASUs that are applicable to the Company and will be adopted in future periods. The consolidated financial statements and related disclosures for the fiscal years ended September 30, 2021 and 2020 do not reflect the requirements of this guidance. The following is a brief description of recently issued ASUs and management's current assessment regarding the methods, timing and impact of adoption of such ASUs by the Company in the future. In March 2020, the FASB issued ASU 2020-04, "Reference Rate Reform (Topic 848): Facilitation of Effects of Reference Rate Reform on Financial Reporting," which provides optional expedients and exceptions for applying GAAP to contract modification and hedging relationships affected by reference rate reform. The guidance only applies to contracts, hedging relationships, and other transactions that reference the London interbank offered rate ("LIBOR") or another reference rate expected to be discontinued as a result of reference rate reform. This optional guidance was effective beginning on March 12, 2020, and the Company may elect to apply the amendments prospectively through December 31, 2022. The Company does not expect such adoption to cause a material impact to the Company's consolidated financial statements. https://www.sec.gov/Archives/edgar/data/0001718227/0001718227210001 D7/road-20210930.htm 971144 3/25/22, 9:42 AM road -20210930 In December 2019, the FASB issued ASU 2019-12, "Simplifying the Accounting for Income Taxes," which adds new guidance to simplify the accounting for income taxes and changes the accounting for certain income tax transactions. The new standard is effective for fiscal years beginning after December 15, 2020, including interim periods within those fiscal years. The Company expects to adopt 55 https:/Iwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 98/144 3/25/22, 9:42 AM Table of Contents road -20210930 this guidance as required and does not expect such adoption to cause a material impact to the Company's consolidated financial statements. Note 4 - Business Acquisitions North Carolina Acquisitions -Final During the fiscal year ended September 30, 2021, a subsidiary of the Company purchased five HMA production and paving companies and a grading and sitework company on the following dates and based in the following locations: (i) on October 8, 2020, in Carthage, North Carolina, (ii) on October 30, 2020, in Ahoskie, North Carolina, (iii) on December 3, 2020, in Raleigh, North Carolina, (iv) on December 18, 2020, in Kitty Hawk, North Carolina, (v) on June 22, 2021, in Wilson, North Carolina and (vi) on September 10, 2021, in Albemarle, North Carolina. The acquired businesses added fourteen HMA plants primarily in central and eastern North Carolina, providing the Company with access to additional markets and further enhancing the Company's footprint in the state. These acquisitions were accounted for as business combinations in accordance with Topic 805. The Company consulted with independent third parties to assist in the valuation process. As of September 30, 2021, the Company has fmalized its purchase price allocation for these acquisitions. Total consideration transferred for these six acquisitions was $97.9 million as of September 30, 202I. Identifiable assets acquired and liabilities assumed were recorded at their estimated fair values based on the methodology described under Fair Value Measurements in Note 2 - Significant Accounting Policies. The amount of the purchase price exceeding the net fair value of identifiable assets acquired and liabilities assumed was recorded as goodwill in the aggregate amount of $33.3 million for these six acquisitions, which is deductible for income tax purposes. Goodwill primarily represents the assembled work force and synergies expected to result from the acquisition. The results of operations attributable to these acquisitions are included in the Company's Consolidated Statements of Comprehensive Income for the fiscal year ended September 30, 2021. The Company recorded certain costs to effect the acquisition as they were incurred, which are reflected in general and administrative expenses on the Company's Consolidated Statements of Comprehensive Income in the amount of $0.6 million for the fiscal year ended September 30, 2021. North Carolina Acquisition -Provisional On August 2, 2021, a subsidiary of the Company acquired a crushed stone and aggregates facility located near Goldston, North Carolina. The acquisition enhanced the Company's vertical integration strategy of construction materials to support its HMA production operations. The Company expects to use aggregates mined from this facility to supply multiple HMA plants that the Company acquired during the fiscal year. The acquisition was accounted for as a business combination in accordance with Topic 805. As of September 30, 2021, the purchase price allocation is provisional pending certain information necessary to finalize estimates of fair value of certain assets acquired. The Company consulted with independent third parties to assist in the valuation process. The Company expects to finalize these values as soon as practicable and no later than one year from the acquisition date. Total consideration transferred for this acquisition was $31.2 million as of September 30, 2021. Identifiable assets acquired and liabilities assumed were recorded at their estimated fair values based on the methodology described under Fair Value Measurements in Note 2 - Significant Accounting Policies. The amount of the purchase price exceeding the net fair value of identifiable assets acquired and liabilities assumed was recorded as provisional goodwill in the amount of approximately $2.6 million, which is deductible for income tax purposes. Goodwill primarily represents the assembled work force and synergies expected to result from the acquisition. The results of operations since the August 2, 2021 acquisition date attributable to this acquisition are included in the Company's Consolidated Statements of Comprehensive Income for the fiscal year ended September 30, 2021. The Company recorded certain costs to effect the acquisition as they were incurred, which are reflected in general and administrative expenses on the Company's Consolidated Statements of Comprehensive Income in the amount of $0.3 million for the fiscal year ended September 30, 2021. 56 https://www.sec.govfArchivestedgarldatal0001718227/000171822721000107/road-202l0930.htm 99/144 3/25122, 9:42 AM road -20210930 Table of Contents Alabama Acquisition -Provisional On July 30, 2021, a subsidiary of the Company acquired an HMA contracting company and related entities, all headquartered in Cullman, Alabama. The acquisition added four hot -mix asphalt plants, four aggregates facilities, and a diverse fleet of trucks and construction equipment to support the Company's operations in central and northern Alabama. The acquisition was accounted for as a business combination in accordance with Topic 805. As of September 30, 2021, the purchase price allocation is provisional pending certain information necessary to finalize estimates of fair value of certain assets acquired and liabilities assumed. The Company consulted with independent third -parties to assist in the valuation process. The Company expects to finalize these values as soon as practicable and no later than one year from the acquisition date. Total consideration transferred for this acquisition was $81.7 million as of September 30, 2021. Identifiable assets acquired and liabilities assumed were recorded at their estimated fair values based on the methodology described under Fair Value Measurements in Note 2 - Significant Accounting Policies. The amount of the purchase price exceeding the net fair value of identifiable assets acquired and liabilities assumed was recorded as provisional goodwill in the amount of approximately $3.2 million, which is deductible for income tax purposes. Goodwill primarily represents the assembled work force and synergies expected to result from the acquisition. The results of operations since the July 30, 2021 acquisition date attributable to this acquisition are included in the Company's Consolidated Statements of Comprehensive Income for the fiscal year ended September 30, 2021. The Company recorded certain costs to effect the acquisition as they were incurred, which are reflected in general and administrative expenses on the Company's Consolidated Statements of Comprehensive Income in the amount of $0.4 million for the fiscal year ended September 30, 2021. Combined Acquisitions During the Fiscal Year Ender! Seplember 30, 2021 The following table summarizes the consideration for the aforementioned acquisitions and the amounts of identified assets acquired and liabilities assumed as of September 30, 2021 (in thousands): Accounts receivable Inventories Property, plant and equipment Mineral reserves (included in property, plant and equipment) Intangible assets Total assets Total liabilities Goodwill Total consideration transferred Total consideration payable Total purchase price North Carolina North Carolina Alabama 39,074 Acquisitions - Acquisition - Acquisition - 210,734 Final Provisional Provisional Total $ 110 $ — $ — $ 110 4,409 410 6,480 11,299 60,819 9,794 35,020 105,633 — 18,600 38,118 56,718 — — 75 75 65,338 28,804 79,693 173,835 — — (718) (718) 33,320 2,597 3,157 39,074 97,885 31,167 81,682 210,734 773 234 450 1,457 98,658 $ 31,401 $ 82,132 $ 212,191 The Consolidated Statements of Comprehensive Income for the fiscal year ended September 30, 2021 includes $79.3 million of revenue and $4.9 million of net loss attributable to the operations of the businesses acquired during the 2021 fiscal year from their respective acquisition dates through September 30, 2021. https:llwww.sec.govIArchivesiedgarldata/000171822710001718227210001071road-202l0930.htm 100/144 3/25/22, 9:42 AM WA road -20210930 https://www.sec.govIArchtvestedgar/data/0001718227/000171822721000107/road-20210930.htm 101/144 3/25/22, 9:42 AM Table of Contents road -20210930 The following presents pro forma revenues and net income as though the acquisitions had occurred on October 1, 2018 (unaudited, in thousands): For the Fiscal Year Ended September 30, 2021 2020 2019 Pro forma revenues $ 984,222 $ 981,079 $ 996,873 Pro forma net income $ 21,847 $ 46,701 $ 51,544 Pro forma financial information is presented as if the operations of the acquisitions had been included in the consolidated results of the Company since October 1, 2018, and gives effect to transactions that are directly attributable to the acquisitions, including adjustments to: (a) Include the pro forma results of operations of the acquisitions for the fiscal years ended September 30, 2021, 2020 and 2019. (b) Include additional depreciation and depletion expense related to the fair value of acquired property, plant and equipment and reserves at aggregates facilities, as applicable, as if such assets were acquired on October 1, 2018 and consistently applied to the Company's depreciation and depletion methodologies. (c) Include interest expense under the Term Loan as if the funds borrowed to finance the purchase price were borrowed on October 1, 2018. Interest expense calculations further assume that no principal payments were made during the period from October 1, 2018 through September 30, 2021, and that the interest rate in effect on the date the Company made the acquisitions was in effect for the period from October 1, 2018 through September 30, 2021. (d) Exclude $1.3 million of acquisition -related expenses from the fiscal year ended September 30, 2021, as though such expenses were incurred prior to the pro forma acquisition date of October 1, 2018. Pro forma information is presented for informational purposes and may not be indicative of revenue or net income that would have been achieved if these acquisitions had occurred on October 1, 2018. Combined Acquisitions During the Fiscal Year Ended September 30, 2020 During the fiscal year ended September 30, 2020, a subsidiary of the Company purchased a HMA production and paving company and two HMA manufacturing plants and certain related assets on the following dates and based in the following locations: (i) on October 1, 2019, in Palm City, Florida, (ii) on March 23, 2020, in Pensacola and DeFuniak Springs, Florida. These acquisitions were accounted for as business combinations in accordance with Topic 805. Total consideration transferred for these two acquisitions was $27.5 million. The amount of the purchase price exceeding the net fair value of identifiable assets acquired and liabilities assumed was recorded as goodwill in the aggregate amount of $7.8 million for these acquisitions. Combined Acquisitions During the Fiscal Year Ended September 30, 2019 During the fiscal year ended September 30, 2019, subsidiaries of the Company purchased a HMA production and paving company and a ready -mix concrete company on the following dates and based in the following locations: (i) on February 28, 2019, in Okeechobee, Florida, (ii) on July 12, 2019, in Gadsden, Alabama. These acquisitions were accounted for as business combinations in accordance with Topic 805. Total consideration transferred for these two acquisitions was $13.9 million. The amount of the purchase price exceeding the net fair value of identifiable assets acquired and liabilities assumed was recorded as goodwill in the aggregate amount of $5.6 million for these acquisitions. 58 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 102/144 3/25122, 9:42 AM road -20210930 Table of Contents Note 5 - Contracts Receivable Including Retainage, net Contracts receivable including retainage, net consisted of the following at September 30, 2021 and 2020 (in thousands): Contracts receivable Retainage Allowance for doubtful accounts Contracts receivable including retainage, net September 30, 2021 2020 $ 132,456 $ 112,197 27,640 21,013 160,096 133,210 (1,926) (1,440) $ 158,170 $ 131,770 The following is a summary of changes in the allowance for doubtful accounts balance during the fiscal years ended September 30, 2021 and 2020 (in thousands): Balance at beginning of period Charged to bad debt expense Write-off of contracts receivable including retainage Balance at end of period For the Fiscal Year Ended September 30, 2021 2020 $ 1,440 $ 1,003 784 705 (298) (268) $ 1,926 $ 1,440 Retainage receivables have been billed, but are not due, until contract completion and acceptance by the customer. Note 6 - Contract Assets and Liabilities Costs and estimated earnings compared to billings on uncompleted contracts at September 30, 2021 and 2020 consisted of the following (in thousands): Costs on uncompleted contracts Estimated earnings to date on uncompleted contracts Billings to date on uncompleted contracts Net billings in excess of costs and estimated earnings on uncompleted contracts September 30, 7,873 $ 2021 2020 $ 1,058,434 $ 876,229- 110,430 101,055 1,168,864 977,284 (1,179,561) (1,003,115) $ (10,697) $ (25,831) Significant changes to balances of costs and estimated earnings in excess of billings (contract asset) and billings in excess of costs and estimated earnings (contract liability) on uncompleted contracts from September 30, 2020 to September 30, 2021 are presented below (in thousands): Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts Net Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts September 30, 2020 $ 7,873 $ (33,704) $ (25,831) Changes in revenue billed, contract price or cost estimates 15,150 (15) 15,134 September 30, 2021 $ 23,023 $ (33,719) $ (10,697) At September 30, 2021, the Company had unsatisfied or partially unsatisfied performance obligations under construction project contracts representing approximately $725.5 million in aggregate transaction price. The Company expects to earn revenue as it satisfies httpsl/www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 103/144 3/25/22, 9:42 AM road -20210930 its performance obligations under those contracts in the amount of approximately $599,6 million during the fiscal year ending September 30, 2022 and approximately $125.9 million thereafter. 59 https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 104/144 3/25/22, 9:42 AM road -20210930 Table of Contents Note 7 - Other Assets Prepaid Expenses and Other Current Assets Prepaid expenses and other current assets consisted of the following at September 30, 2021 and 2020 (in thousands): Prepaid expenses Other current assets Total prepaid expenses and other current assets Other Assets September 30, 2021 2020 $ 5,438 $ 3,612 2,352 1,429 $ 7,790 $ 5,041 Other assets consisted of the following at September 30, 2021 and 2020 (in thousands): Notes receivable Other assets Total other assets Note 8 - Property, Plant and Equipment September 30, 2021 2020 $ 1,367 $ 1,622 4,167 162 $ 5,534 $ 1,784 Property, plant and equipment at September 30, 2021 and 2020 consisted of the following (in thousands): Construction equipment Plants Land and improvements Mineral reserves Buildings Furniture and fixtures Leasehold improvements Total property, plant and equipment, gross Accumulated depreciation, depletion and amortization Construction in progress Total property, plant and equipment, net September 30, 2021 2020 $ 333,966 $ 253,157 143,172 102,392 53,415 38,647 86,556 22,205 27,163 18,307 6,426 5,648 1,230 1,135 651,928 441,491 (250,803) (209,532) 3,707 5,271 $ 404,832 $ 237,230 Depreciation, depletion and amortization expense related to property, plant and equipment for the fiscal years ended September 30, 2021, 2020 and 2019 was $49.5 million, $39.1 million and $30.1 million, respectively. Mineral reserves, net of accumulated depletion, for the years ended September 30, 2021 and 2020 were $84.1 million and $20.3 million, respectively. These amounts include $2.1 million and $0.0 million of asset retirement obligation assets, net of accumulated depletion associated with active mining operations for the years ended September 30, 2021 and 2020, respectively and $2.7 million and $0.0 million of capitalized stripping costs, net of accumulated depletion associated with development stage mining operations for the fiscal years ended September 30, 2021 and 2020, respectively. 60 https://www.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 105/144 3/25/22, 9:42 AM road -20210930 https:/lwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 106/144 3/25/22, 9:42 AM road -20210930 Table of Contents Note 9 - Goodwill and Other Intangible Assets The following presents goodwill activity during the fiscal years ended September 30, 2021 and 2020 (in thousands): Balance at September 30, 2019 $ 38,546 Additions 7,802 Balance at September 30, 2020 46,348 Additions 39,074 Balance at September 30, 2021 $ 85,422 A summary of other intangible assets at September 30, 2021 and 2020 is as follows (in thousands): September 30, 2021 2020 Useful Accumulated Net Book Accumulated Net Book Life Gross Amortization Value Gross Amortization Value Indefinite -lived: License Indefinite $ 2,000 N/A $ 2,000 $ 2,000 N/A $ 2,000 Finite -lived: Customer relationship 8 years 1,645 (640) 1,005 1,645 (435) 1,210 Non -compete agreements 5 years 1,295 (137) 1,158 20 (6) 14 Total intangible assets $ 4,940 $ (777) $ 4,163 $ 3,665 S (441) $ 3,224 Total amortization expense related to finite -lived intangible assets was $0.3 million, $0.2 million and $1.1 million for the fiscal years ended September 30, 2021, 2020 and 2019, respectively. Estimated future total amortization expense related to finite -lived intangible assets is as follows (in thousands): Fiscal Year Estimated Amortization Expense 2022 $ 429 2023 354 2024 352 2025 349 2026 298 Thereafter 381 Total $ 2,163 Note 10 - Liabilities Accrued Expenses and Other Current Liabilities Accrued expenses and other current liabilities consisted of the following at September 30, 2021 and 2020 (in thousands): Accrued payroll and benefits Accrued insurance costs Other current liabilities Total accrued expenses and other current liabilities 61 September 30, 2021 2020 $ 19,302 $ 17,123 3,444 2,662 3,713 2,562 $ 26,459 $ 22,347 https://www.sec.gov/Archivesiedgar/data/0001718227/000171822721000107/road-20210930.htm 107/144 3/25/22, 9:42 AM road -20210930 Table of Contents Other Long -Term Liabilities Other long-term liabilities consisted of the following at September 30, 2021 and 2020 (in thousands): Accrued insurance costs Other Total other long-term liabilities Note 11- Debt September 30, 2021 2020 6,497 $ 6,035 4,422 2,445 $ 10,919 $ 8,480 The Company maintains credit facilities to finance acquisitions, to fund the purchase of real estate, construction equipment, plants and other fixed assets, and for general working capital purposes. Debt at September 30, 2021 and 2020 consisted of the following (in thousands): Long-term debt: Term Loan Revolving Credit Facility Total long-term debt Deferred debt issuance costs Current maturities of long-term debt Long-term debt, net of current maturities September 30, 2021 2020 $ 197,500 $ 92,850 20,000 — 217,500 92,850 (1,325) (797) (10,000) (13,000) $ 206,175 $ 79,053 Since 2017, the Company and each of its subsidiaries have been parties to a credit agreement with PNC Bank, National Association (successor in interest to BBVA USA) and certain other lenders party from time to time thereto (as amended and restated, the "Credit Agreement"). The Credit Agreement has been amended and restated on multiple occasions since its inception in order to provide for changes in the economic terms of the credit facility and developments at the Company. The Credit Agreement provides for a credit facility consisting of a term loan (the "Term Loan") and a revolving credit facility (the "Revolving Credit Facility"). The obligations of the Company and its subsidiaries under the Credit Agreement are secured by a first priority security interest in substantially all of the Company's assets. In June 2021, the Credit Agreement was amended and restated to provide for a Term Loan in an initial aggregate principal amount of $200 million and a Revolving Credit Facility in an initial aggregate principal amount of $225 million. Among other things, the proceeds of the Term Loan were used to refinance indebtedness of the Company that was outstanding immediately prior to the restatement. The Term Loan, inclusive of any incremental borrowings made in the form of a term loan, will amortize in quarterly installments commencing on September 30, 2021 in an amount (subject, in each case, to adjustments for prior mandatory and voluntary prepayments of principal) equal to: (a) 1.25% of the original principal amount of the Term Loan on September 30, 2021 and on each of the following eleven quarter -end payment dates, and (b) 1.875% of the original principal amount of the Term Loan on each of the next seven quarter -end payment dates. The annual interest rates applicable to advances will be calculated, at the Company's option, by using either a base rate or LIBOR, in each case plus an applicable margin percentage that corresponds to the Company's consolidated net leverage ratio. Upon the occurrence of certain triggering events relating to the end of the LIBOR reference rate, a different benchmark rate will be selected to replace LIBOR as the reference rate for interest accruing on certain advances. All outstanding advances under the Term Loan and Revolving Credit Facility are due and payable in full on June 24, 2026. Subject to various requirements, the Company generally may (and, under certain circumstances, must), prepay all or a portion of the outstanding balance of the advances, together with accrued interest thereon, prior to their contractual maturity. At September 30, 2021 and 2020, there was $197.5 million and $92.9 million, respectively, of principal outstanding under the Term Loan, $20.0 million and $0.0 million, respectively, of principal outstanding under the Revolving Credit Facility, and availability of $193.7 million and $39.3 million, respectively, under the Revolving Credit Facility, including a reduction for outstanding letters of credit. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 108/144 3/25/22, 9:42 AM road -20210930 The Credit Agreement contains customary negative covenants for agreements of this type, including, but not limited to, restrictions on the Company's ability to make acquisitions, make loans or advances, make capital expenditures and investments, pay dividends, create or incur indebtedness, create liens, wind up or dissolve, consolidate, merge or liquidate, or sell, transfer or dispose of assets. The Credit 62 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 109/144 3/25122,9:42 AM Table of Contents road -20210930 Agreement also requires the Company to satisfy certain financial covenants, including a minimum fixed charge coverage ratio of 1.20 - to -1.00 and a maximum consolidated leverage ratio of 3.00 -to -1.00, subject to certain adjustments. At September 30, 2021 and 2020, the Company's fixed charge coverage ratio was 3.29 -to -1.00 and 2.85 -to -1.00, respectively, and the Company's consolidated leverage ratio was 1.99 -to -1.00 and 1.08 -to -1.00, respectively. At both September 30, 2021 and 2020, the Company was in compliance with all covenants under the Credit Agreement. From time to time, the Company has entered into interest rate swap agreements to hedge against the risk of changes in interest rates. At September 30, 2021 and 2020, the aggregate notional value of these interest rate swap agreements was $198.3 million and $46.5 million, respectively, and the fair value was $(0.8) million and $(1.7) million, respectively, which is included within other current liabilities or other long-term liabilities on the Company's Consolidated Balance Sheets. The scheduled contractual repayment terms of long-term debt at September 30, 2021 are as follows: Fiscal Year Amount 2022 $ 10,000 2023 10,000 2024 11,250 2025 15,000 2026 171,250 Total $ 217,500 Interest expense was $2.5 million, $3.6 million and $3.3 million for the fiscal years ended September 30, 2021, 2020 and 2019, respectively. Amortization of deferred debt issuance costs and debt discounts included in interest expense was $0.3 million, $0.2 million and $0.1 million for the fiscal years ended September 30, 2021, 2020 and 2019, respectively. Note 12 - Equity Shares of Class A common stock and Class B common stock are identical, except with respect to voting rights, conversion rights and transfer restrictions applicable to shares of Class B common stock. The holders of Class A common stock are entitled to one vote per share, and the holders of Class B common stock are entitled to ten votes per share. The holders of Class A common stock and Class B common stock vote together as a single class on all matters submitted to a vote of stockholders, including the election of directors, unless otherwise required by applicable law or the Company's certificate of incorporation or bylaws. Shares of Class B common stock are convertible into shares of Class A common stock at any time at the option of the holder or upon any transfer, subject to certain limited exceptions. In addition, upon the election of the holders of a majority of the then -outstanding shares of Class B common stock, all outstanding shares of Class B common stock will be converted into shares of Class A common stock. Once converted into shares of Class A common stock, shares of Class B common stock will not be reissued. Class A common stock is not convertible into any other class of the Company's capital stock. Conversion of Class B Common Stock to Class A Common Stock During the fiscal year ended September 30, 2021, certain stockholders of the Company converted a total of 2,214,022 shares of Class B common stock into shares of Class A common stock on a one-for-one basis. As of September 30, 2021, there were 36,600,639 shares of Class A common stock and 15,691,839 shares of Class B common stock outstanding. Restricted Stock Awards During the fiscal year ended September 30, 2021, the Company awarded a total of 510,733 restricted shares of Class A common stock to certain members of Company management under the Construction Partners, Inc. 2018 Equity Incentive Plan (the "Equity Incentive Plan"). Additional information about these transactions is set forth in Note 14 - Equity -Based Compensation. Registration Rights Agreement The Company is a party to a registration rights agreement (the "Registration Rights Agreement") with certain of the Company's directors and officers and affiliates of SunTx (collectively, the "RRA Holders"). Under the Registration Rights Agreement, the RRA Holders have "demand" registration rights, meaning that the Company must register under the Securities Act shares of the Company's https://www,sec.gov/Archives/edgarldata/00017182271000171822721000107/road-202l0930.htm 110/144 3125/22, 9:42 AM road -20210930 common stock owned by such RRA Holders upon their demand under certain circumstances, and "piggyback" registration rights, meaning that, if the Company proposes to register an offering of securities, it generally must give written notice to the RRA Holders to allow each to include its shares in the registration. In general, the Company must pay all out-of-pocket expenses in connection with a 63 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 1111144 3/25122, 9:42 AM Table of Contents road -20210930 registration under the Registration Rights Agreement, including filing and registration fees, printing costs, fees and expenses of the Company's legal counsel and independent registered public accountants and fees and expenses for one legal counsel for the applicable RRA Holders. The RRA Holders whose shares are registered must pay all incremental selling expenses relating to any offering, such as underwriters' commissions and discounts, brokerage fees, underwriter marketing costs and any additional legal counsel that they may engage. As of September 30, 2021, a total of 11,069,793 shares of the Company's common stock were subject to the Registration Rights Agreement, of which 37,248 shares had been previously registered but not yet sold. The Registration Rights Agreement expires on May 4, 2023. Note 13 - Earnings Per Share As discussed in Note 12 - Equity, the Company has Class A common stock and Class B common stock. Because the only differences between the two classes of common stock are related to voting rights, conversion rights and transfer restrictions applicable to shares of Class B common stock, the Company has not presented earnings per share under the two -class method, as the earnings per share are the same for both Class A common stock and Class B common stock. The following table summarizes the weighted -average number of basic common shares outstanding and the calculation of basic earnings per share for the periods presented (in thousands, except share and per share amounts): Numerator Net income attributable to common stockholders Denominator Weighted average number of common shares outstanding, basic Net income per common share attributable to common stockholders, basic For the Fiscal Year Ended September 30, 2021 2020 2019 20,177 $ 40,297 $ 43,121 51,636,955 51,489,211 51,421,159 $ 0.39 $ 0.78 $ 0.84 The following table summarizes the calculation of the weighted -average number of diluted common shares outstanding and the calculation of diluted earnings per share for the periods presented (in thousands, except share and per share amounts): Numerator Net income attributable to common stockholders Denominator Weighted average number of basic common shares outstanding, basic Effect of dilutive securities: Restricted stock grants Weighted average number of diluted common shares outstanding: Net income per diluted common share attributable to common stockholders Note 14 - Equity -Based Compensation Restricted Stock Awards For the Fiscal Year Ended September 30, 2021 2020 2019 $ 20,177 $ 40,297 $ 43,121 51,636,955 51,489,211 51,421,159 136,258 147,723 6,061 51,773,213 51,636,934 51,427,220 0.39 $ 0.78 $ 0.84 During the fiscal year ended September 30, 2019, the Company awarded a total of 292,534 restricted shares of Class A common stock to its non-employee directors under the Equity Incentive Plan. The grants are classified as equity awards. The aggregate grant date fair value of these restricted stock awards was S3.8 million. During the fiscal years ended September 30, 2021, 2020 and 2019, the Company recorded $1.3 million, $1.6 million and $0.5 million, respectively, of compensation expense in connection with these grants, which is reflected as general and administrative expenses in the Company's Consolidated Statements of Comprehensive Income. At September 30, 2021, there was approximately $0.4 million of unrecognized compensation expense related to these awards. LA https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 112/144 3/25/22, 9:42 AM road -20210930 04 https://www.sec.govIArchivestedgar/data/0001718227/000171822721000107/road-20210930.htm 113/144 3/25/22, 9:42 AM Table of Contents road -20210930 During the fiscal year ended September 30, 2021, the Company awarded a total of 510,733 restricted shares of Class A common stock to certain members of Company management under the Equity Incentive Plan. The grants are classified as equity awards. The aggregate grant date fair value of these restricted awards was $13.6 million. During the fiscal year ended September 30, 2021, the Company recorded compensation expense in connection with these grants in the amount of $2.2 million, which is reflected as general and administrative expenses in the Company's Consolidated Statements of Comprehensive Income. At September 30, 2021, there was approximately $11.4 million of unrecognized compensation expense related to these awards. The underlying shares subject to awards granted under the Equity Incentive Plan will vest, as applicable, as follows: Number of Fiscal Year Shares 2022 110,195 2023 12,683 2024 242,683 2025 230,000 Total 595,561 Note 15 - Provision for Income Taxes The Company files a consolidated United States federal income tax return and income tax returns in various states. Management evaluated the Company's tax positions based on appropriate provisions of applicable enacted tax laws and regulations and believes that they are supportable based on their specific technical merits and the facts and circumstances of the transactions. The provision for income taxes for the fiscal years ended September 30, 2021, 2020 and 2019 consisted of the following (in thousands): Current U.S. Federal State Total current Deferred U.S. Federal State Total deferred Provision for income taxes 65 For the Fiscal Year Ended September 30, 2021 2020 2019 $ 3,609 $ 8,960 $ 9,780 995 490 1,132 4,604 9,450 10,912 3,029 2,222 2,203 716 1,088 794 3,745 3,310 2,997 $ 8,349 $ 12,760 $ 13,909 https://www.sec.gov/Archives/edgaridata/0001718227/000171822721000107/road-20210930.htm 114/144 3/25/22, 9:42 AM Table of Contents road -20210930 Differences exist between income and expenses reported on the consolidated financial statements and those deducted for U.S. federal and state income tax reporting. The Company's deferred tax assets and liabilities consisted of the following temporary difference tax effects at September 30, 2021, 2020 and 2019 (in thousands): Deferred tax assets Allowance for bad debt Amortization of fmite-lived intangible assets State net operating loss Employee benefits Accrued insurance claims Other Total deferred tax assets Deferred tax liabilities Amortization of goodwill Property, plant and equipment Other Total deferred tax liabilities, Net deferred tax liabilities September 30, 2021 2020 413 $ 527 586 405 488 664 736 37 1,610 1,583 335 556 4,168 3,772 (6,541) (14,530) (459) (21,530) $ (17,362) (5,048) (12,341) (17,389) $ (13,617) The Consolidated Balance Sheets at September 30, 2021 and 2020 include gross deferred tax assets of $4.2 million and $3.8 million, respectively. In assessing the realization of deferred tax assets, management considers whether it is more likely than not that some or all of the deferred tax assets will not be realized. The ultimate realization of deferred tax assets depends on the generation of future taxable income during the periods in which those temporary differences are deductible. Management considers the scheduled reversal of deferred tax liabilities (including the impact of available carryforward periods), projected taxable income, and tax -planning strategies in making this assessment. Based on the weight of all evidence known and available as of the balance sheet date, management believes that these tax benefits are more likely than not to be realized in the future. To the extent that management does not consider it more likely than not that a deferred tax asset will be recovered, a valuation allowance is established. Income taxes payable have been reduced by fuel tax credits of $0.3 million for each of the fiscal years ended September 30, 2021 and 2020. The remaining amount of goodwill expected to be deductible for tax purposes was $68.5 million and $22.6 million at September 30, 2021 and 2020, respectively. The following is a reconciliation of net deferred tax assets (liabilities) to amounts reflected on the Company's Consolidated Balance Sheets at September 30, 2021 and 2020 (in thousands): September 30, 2021 2020 Asset: Deferred income taxes, net $ — $ 386 Liability: Deferred income taxes, net (17,362) (14,003) Net deferred tax assets (liabilities) $ (17,362) $ (13,617) At September 30, 2021 and 2020, the Company had state net operating loss carryforwards of $15.2 million and $15.3 million, respectively. The state net operating loss credit carryforwards expire in varying amounts between the fiscal years ended September 30 2032 and 2036. https://www.sec.gov/Archivesiedgarldata/0001718227/000171822721000107/road-202l0930.htm 1151144 3125/22, 9:42 AM 66 road -20210930 https://www.sec.gov/Archives/edgaridata/0001718227/000171822721000107/road-20210930.htm 116/144 3/25/22, 9:42 AM Table of Contents road -20210930 The U.S. statutory federal income tax rate applicable to the Company was 21% during the fiscal years ended September 30, 2021, 2020 and 2019. The following table reconciles income taxes based on the U.S. federal statutory tax rate to the Company's income before provision for income taxes for the fiscal years ended September 30, 2021, 2020 and 2019 (in thousands): Provision for income tax at federal statutory rate State income taxes Permanent differences Other For the Fiscal Year Ended September 30, 2021 2020 2019 5,990 $ 11,142 $ 11,976 1,351 1,272 1,521 961 330 319 47 16 93 Provision for income taxes $ 8,349 $ 12,760 $ 13,909 Uncertain Tax Positions ASC Topic 740, Income Taxes ("ASC 740"), prescribes a recognition threshold and measurement model for the financial statement recognition and measurement of a tax position taken, or expected to be taken, in a tax return and provides guidance on derecognition classification, interest and penalties, accounting in interim periods, disclosure and transition. The Company is subject to tax audits in various jurisdictions in the United States. Tax audits, by their nature, are often complex. In the normal course of business, the Company is subject to challenges from the Internal Revenue Service C RS') and other tax authorities regarding amounts of taxes due. These challenges may alter the timing or amount of taxable income or deductions, or the allocation of income among tax jurisdictions. As part of the calculation of the provision for income taxes on earnings, management determines whether the benefits of the Company's tax positions are at least more likely than not to be sustained upon audit based on the technical merits of the tax position. For tax positions that are more likely than not to be sustained upon audit, management accrues the largest amount of the benefit that is more likely than not to be sustained. Such accruals require management to make estimates and judgments with respect to the ultimate outcome of a tax audit. Actual results could vary materially from these estimates. The Company performed an analysis of its tax positions and determined that no uncertain tax positions existed at September 30, 2021 or 2020. Accordingly, there was no liability for uncertain tax positions at September 30, 2021 or 2020. Based on the provisions of ASC 740, the Company had no material unrecognized tax benefits at September 30, 2021 or 2020. Due to the utilization of net operating loss carryforwards, the Company's federal income tax returns for fiscal years ended September 30, 2015 through September 30, 2021 are subject to examination. Various state income tax returns for fiscal years ended September 30, 2012 through September 30, 2021 are also subject to examination. Note 16 - Employee Benefit Plans The Company offers a 401(k) retirement plan covering substantially all employees who are at least 18 years old and have more than one year of service. The Company makes discretionary employer contributions, subject to IRS safe harbor rules. Employer contributions charged to earnings during the fiscal years ended September 30, 2021, 2020 and 2019 were $3.9 million, $3.4 million, and $2.9 million, respectively. Note 17 - Related Parties On December 31, 2017, the Company sold an indirect wholly owned subsidiary to an immediate family member of an executive officer of the Company ("Purchaser of Subsidiary") in consideration for an interest-bearing note receivable in the amount of $1.0 million, which approximated the net book value of the disposed entity. At September 30, 2021, $0.1 million and $0.4 million was reflected on the Company's Consolidated Balance Sheets within other current assets and other assets, respectively, representing the remaining balances on this note receivable. In connection with this transaction, the Company also received an interest-bearing note receivable from the disposed entity ("Disposed Entity") on December 31, 2017 in the amount of $1.0 million representing certain accounts payable of the disposed entity that were paid by the Company. At September 30, 2021, $0.1 million and $0.2 million was reflected on the Company's Consolidated Balance Sheets within other current assets and other assets, respectively, representing the remaining balances on this note receivable. Remaining principal and interest payments are scheduled to be made in periodic installments during fiscal year 2022 through fiscal year 2026. httpsJ/www.sec.govIArchivesledgarldata/00017182271000171822721000107/road-2021 O930.htm 117/144 3/25122, 9:42 AM road -20210930 Prior to its acquisition by the Company, a current subsidiary of the Company advanced funds to an entity owned by an immediate family member of an officer of the Company in connection with a land development project. The obligations of the borrower entity to repay the advances were guaranteed by a separate entity owned by the same family member of the officer. Amounts outstanding under the advances did not bear interest and matured in full in March 2021. In March 2021, the subsidiary of the Company amended and restated the terms of the repayment obligation, as a result of which the officer personally assumed the remaining balance of the 67 https:/Awm.sec.gov/Archivesiedgar/data/0001718227/000171822721000107/road-20210930.htm 118/144 3125/22,9:42 AM Table of Contents road -20210930 obligation. No new amounts were advanced to the officer by the Company or any subsidiary or affiliate thereof in connection with the transaction. Under the amended and restated terms, the officer executed a promissory note in favor of the Company's subsidiary in the principal amount of $0.8 million. The note bears simple interest at a rate of 4.0% and requires annual minimum payments of $0.1 million inclusive of principal and accrued interest, with any remaining principal and accrued interest due and payable in full on December 31, 2027. As security for his payment obligations, the officer pledged as collateral 30,000 shares of the 140,389 shares of Class B common stock that had previously been pledged as collateral and 7,500 shares of Class A common stock owned by the officer personally. Amounts outstanding under the note are reflected on the Company's Consolidated Balance Sheets within other current assets and other assets ("Land Development Project"). From time to time, the Company conducts or has conducted business with the following related parties: • Entities owned by immediate family members of an executive officer of the Company perform subcontract work for a subsidiary of the Company, including trucking and grading services ("Subcontracting Services'). • From time to time, a subsidiary of the Company provides construction services to various companies owned by family members of an executive officer of the Company ("Construction Services"). • Since June 1, 2014, the Company has been a party to an access agreement with Island Pond Corporate Services, LLC, which provides a location for the Company to conduct business development activities from time to time on a property owned by the Executive Chairman of the Company's Board of Directors ("Island Pond"). • The Company purchases vehicles from an entity owned by a family member of an executive officer of the Company ("Vehicles - Purchases"). • The Company rents vehicles from an entity owned by a family member of an executive officer of the Company ("Vehicles - Rent Expense"). • A family member of an executive officer of the Company provides consulting services to a subsidiary of the Company ("Consulting Services"). • The Company is party to a management services agreement with SunTx, under which the Company pays SunTx $0.27 million per fiscal quarter and reimburses certain travel and other out-of-pocket expenses associated with services rendered under the management services agreement. The following table presents revenues earned and expenses incurred by the Company during the fiscal years ended September 30, 2021, 2020 and 2019, and receivable and accounts payable balances at September 30, 2021 and 2020, related to transactions with the related parties described above (in thousands): 0) Cost is reflected as cost of revenues on the Company's Consolidated Statements of Comprehensive Income, P) Cost is reflected as general and administrative expenses on the Company's Consolidated Statements of Comprehensive Income. (3) Purchases reflected in property, plant and equipment, net, on the Company's Consolidated Balance Sheets. https://www.sec.gov/Archivesledgarldata/0001718227/000171822721000107/road-202i0930.htm 1191144 Revenue Earned (Expense Incurred) Receivable (Payable) For the Fiscal Year Ended September 30, September 30, 2021 2020 2019 2021 2020 Purchaser of subsidiary $ — $ — $ — $ 518 $ 621 Disposed entity -- — — 330 396 Land Development Project — — — 788 774 Subcontracting Services (9,385) (1) (11,110) (1) (19,491) (1) (563) (654) Construction Services 181 824 5,936 — 123 Island Pond (320) (2) (320) (2) (320) (2) — — Vehicles - Purchases (698) (3) (869) (3) (441) (3) — — Vehicles - Rent expense (177) (1) (677) (1) (1,050) (1) — — Consulting Services (32) (2) (271) (2) (265) (2) — — SunTx (1,935) (2) (1,403) (2) (1,252) (2) — — 0) Cost is reflected as cost of revenues on the Company's Consolidated Statements of Comprehensive Income, P) Cost is reflected as general and administrative expenses on the Company's Consolidated Statements of Comprehensive Income. (3) Purchases reflected in property, plant and equipment, net, on the Company's Consolidated Balance Sheets. https://www.sec.gov/Archivesledgarldata/0001718227/000171822721000107/road-202i0930.htm 1191144 3/25/22, 9:42 AM 68 road -20210930 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 120/144 3/25/22. 9:42 AM road -20210930 Table of Contents Note 18 - Commitments and Contingencies From time to time, the Company is subject to inquiries or audits by taxing authorities arising from its operations, covering a wide range of matters that arise in the ordinary course of business, such as income taxes and other types of taxes. Each of these matters is subject to various uncertainties, and it is possible that some of these matters may not be resolved in the Company's favor. The Company is also involved in other legal and administrative proceedings arising in the ordinary course of business. Liabilities for loss contingencies arising from claims, assessments, litigation, fines, penalties and other sources are recorded when it is probable that a liability has been incurred and the amount of the loss can be reasonably estimated. The outcomes of these inquiries and legal proceedings are not expected to have a material effect on the Company's financial position or results of operations on an individual basis, and management did not accrue any material loss contingencies for the periods presented. However, adverse outcomes in a significant number of such ordinary course inquiries and legal proceedings could, in the aggregate, have a material adverse effect on the Company's financial condition and results of operations. Letters of Credit Under the Revolving Credit Facility, the Company has a total capacity of $225.0 million that may be used for a combination of cash borrowings and letter of credit issuances. At each of September 30, 2021 and 2020, the Company had aggregate letters of credit outstanding in the amount of $11.3 million and $10.9 million, respectively, primarily related to certain insurance policies as described in Note 2 - Significant Accounting Policies. Purchase Commitments As of September 30, 2021, the Company had unconditional purchase commitments for diesel fuel in the normal course of business in the aggregate amount of $0.1 million. Management does not expect any significant changes in the market value of these goods during the commitment period that would have a material adverse effect on the financial condition, results of operations and cash flows of the Company. As of September 30, 2021, our purchase commitments annually thereafter are as follows (in thousands): Fiscal Year Amount 2022 $ 51 Total $ 51 Minimum Royalties The Company has lease agreements associated with aggregates facilities under which the Company makes royalty payments. These agreements are outside the scope of Topic 842. The payments are generally based on tons sold in a particular period; however, certain agreements have minimum annual payments. The Company has commitments in the form of minimum royalties as of September 30, 2021 in the amount of $2.4 million, due as follows (in thousands): Fiscal Year Amount 2022 $ 289 2023 196 2024 189 2025 137 2026 124 Thereafter 1,460 Total $ 2,395 Royalty expense recorded in cost of revenue during the fiscal years ended September 30, 2021, 2020 and 2019 was $1.2 million, $1.3 million and $1.7 million, respectively. https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 121/144 3/25/22, 9:42 AM 69 road -20210930 hftps:/Avww.sec.gov/Archives/edgar/data/0001 718227/000171822721000107/road-20210930.htm 122/144 3/25/22, 9:42 AM Table of Contents Note 19 - Joint Venture road -20210930 In November 2017, one of the Company's wholly owned subsidiaries entered into a joint venture agreement (the "JV') with a third party for the sole purpose of bidding on and performing a construction project for the Alabama Department of Transportation. The Company and the third party each own a 50% partnership interest in the JV and share revenue and expenses equally. The JV is jointly managed by representatives of the Company and the third party, and all labor, material and equipment required to perform the contract is subcontracted, with both of the participants of the JV performing some portion of the subcontracted work. The Company accounts for this joint venture as an equity method investment in accordance with GAAP. At September 30, 2021 and 2020, the Company's investment in the JV was $0.1 million and $0.2 million, respectively, which is reflected as "Investment in joint venture" on the Company's Consolidated Balance Sheets. During the fiscal years ended September 30, 2021, 2020 and 2019, the Company recognized $0.0 million, $0.6 million and $1.3 million, respectively, of pre-tax income, representing its 50% interest in the earnings of the JV, which is reflected as "Earnings from investment in joint venture" on the Company's Consolidated Statements of Comprehensive Income. The income tax impact attributable to the Company's investment in the JV is included within the provision for income taxes in the Company's Consolidated Statements of Comprehensive Income. Note 20 - Leases The Company leases certain facilities, office space, vehicles and equipment. As of September 30, 2021, operating leases under Topic 842 were included in (i) operating lease right -of use assets, (ii) current portion of operating lease liabilities and (iii) operating lease liabilities, net of current portion on the Company's Consolidated Balance Sheets in the amounts of $6.5 million, $1.4 million and $5.3 million, respectively. As of September 30, 2021, the Company did not have any lease contracts that had not yet commenced but had created significant rights and obligations. The components of lease expense were as follows (in thousands): Operating lease cost Short-term lease cost Total lease expense For the Fiscal Year Ended September 30, 2021 2020 2,475 $ 3,498 13,346 13,374 15,821 16,872 Short-term leases (those with terms of 12 months or less) are not capitalized but are expensed on a straight-line basis over the lease term. The majority of our short-term leases relate to equipment used on construction projects. These leases are entered into at periodic rental rates for an unspecified duration and typically have a termination for convenience provision. As of September 30, 2021, the weighted -average remaining term of the Company's operating leases was 9.1 years, and the weighted - average discount rate was 3.76%. As of September 30, 2021, the lease liability was 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 such rate is not materially different from the discount rate applied to each of the leases in the portfolio. The following table summarizes the Company's undiscounted lease liabilities outstanding as of September 30, 2021 (in thousands): Fiscal Year Amount 2022 $ 1,614- 2023 2 1,223 024 929 2025 623 2026 600 Thereafter 3,115 Total future minimum lease payments $ 8,104 Less: imputed interest 1,407 Total $ 6,697 httpsJ/www.see.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 123/144 3/25122.9:42 AM 70 road -20210930 https://www.sec.gov/Archives/edgar/data/0001718227!000171822721000107/road-20210930.htm 124/144 3/25/22, 9:42 AM road -20210930 Table of Contents Note 21- Fair Value Measurements The following table presents the Company's liabilities measured at fair value on a recurring basis as of September 30, 2021 and 2020 under ASC 820, Fair Value Measurements (in thousands): September 30, 2021 2020 Level 2 Level 2 Assets Commodity swap contracts $ 1,812 $ — Liabilities: Commodity swap contracts $ — $ 503 Interest rate swap contracts 845 1,708 The fair value of interest rate swap contracts is based on a model -driven valuation using the observable components (e.g., interest rates), which are observable at commonly quoted intervals for the full term of the contracts. The fair value of our commodity swap contracts is based on an analysis of the expected cash flow of the contract in combination with observable forward price inputs obtained from a third -party pricing source. The calculations are adjusted for credit risk. Therefore, our derivative assets and liabilities are classified within Level 2 of the fair value hierarchy. Derivative assets are included within "Prepaid expenses and other current assets" and "Other assets" on the Company's Consolidated Balance Sheets. Derivative liabilities are included within "Accrued expense and other current liabilities" and "Other long-term liabilities" on the Company's Consolidated Balance Sheets. Note 22 - Investment in Derivative Instruments Interest rate swap contracts The Company uses derivative instruments as part of our overall strategy to manage our exposure to market risks associated with fluctuations in interest rates. We regularly monitor the financial stability and credit standing of the counterparties to our derivative instruments. We do not enter into derivative financial instruments for speculative purposes. The Company records all derivatives at fair value. On the date the derivative contract is entered into, the Company may designate the derivative as one of the following: (i) a hedge of a forecasted transaction or the variability of cash flows to be paid ("cash flow hedge") or (ii) a hedge of the fair value of a recognized asset or liability ("fair value hedge"). Changes in the fair value of a derivative that is qualified and designated as a cash flow hedge or net investment hedge are recorded in other comprehensive income (loss) in the Company's Consolidated Statements of Comprehensive Income until they are reclassified into earnings in the same period or periods during which the hedged transaction affects earnings. Changes in the fair value of a derivative that is qualified and designated as a fair value hedge, along with the gain or loss on the hedged asset or liability that is attributable to the hedged risk, are recorded in current period earnings. If the Company does not specifically designate a derivative as one of the above, changes in the fair value of the undesignated derivative instrument are reported in current period earnings. Cash flows from designated derivative financial instruments are classified within the same category as the item being hedged in the Consolidated Statements of Cash Flows, while cash flows from undesignated derivative financial instruments are included as an investing activity. If the Company determines that it qualifies for and will designate a derivative as a hedging instrument, the Company formally documents all relationships between hedging activities, including the risk management objective and strategy for undertaking various hedge transactions. This process includes matching all derivatives that are designated as cash flow hedges to specific forecasted transactions and linking all derivatives designated as fair value hedges to specific assets and liabilities in the Consolidated Balance Sheets. https://www.sec.govIArchivestedgar/data/0001718227/000171822721000107/road-20210930.htm 125/144 3/25/22,9:42 AM road -20210930 The Company performs an initial prospective assessment of hedge effectiveness on a quantitative basis between the inception date and the earlier of the first quarterly hedge effectiveness date or the issuance of the financial statements that include the hedged transaction. On a quarterly basis, the Company assesses the effectiveness of our designated hedges in offsetting the variability in the cash flows or fair values of the hedged assets or obligations using the Hypothetical Derivative Method. The Company would discontinue hedge 71 https:/twww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 126/144 3125/22, 9:42 AM Table of Contents road -20210930 accounting prospectively when the derivative is no longer highly effective as a hedge, the underlying hedged transaction is no longer probable or the hedging instrument expires, is sold, terminated or exercised. Commodity swap contracts The Company's operations expose it to a variety of market risks, including the effects of changes in commodity prices. As part of its risk managcmcnt process, the Company began entering into commodity swap transactions through regulated commodity exchanges i February 2020. The Company does not enter into derivative financial instruments for speculative purposes. Changes in fair value of commodity swaps are recognized in earnings. The following table represents the approximate amount of realized and unrealized gains (losses) and changes in fair value recognized in earnings on commodity derivative contracts for the fiscal years ended September 30, 2021, 2020 and 2019 and the fair value of these derivatives as of September 30, 2021 and 2020 (in thousands): Balance Sheet Classification Prepaid expenses and other current assets - commodity swaps Other assets - commodity swaps Accrued expense and other current liabilities - commodity swaps Accrued expense and other current liabilities - interest rate swaps Other long-term liabilities - commodity swaps Other long-term liabilities - interest rate swaps to Net unrealized (loss) position (1) Includes designated cash flow hedge of $(31) as of September 30, 2021. Note 23 - Other Comprehensive Income September 30, 2021 2020 990 $ — 822 - - (183) (97) - - (320) (748) (1,708) $ 967 $ (2,211) Comprehensive income comprises two subsets: net income and other comprehensive income (OCI). The components of other comprehensive income are presented in the accompanying Consolidated Statements of Comprehensive Income and Consolidated Statements of Stockholders' Equity, net of applicable taxes. The Company's interest rate swap contract hedge included in other comprehensive income was entered into on August 13, 2021 with an original notional value of $160.0 million. The maturity date of this swap is June 24, 2026. Amounts in accumulated other comprehensive income (AOCI), net of tax, at September 30, are as follows (in thousands): https:l/www.sec.govIArchtvestedgarldata/0001718227/000171822721000107/road-202l0930.htm 1271144 For the Fiscal Year Ended September 30, 2021 2020 2019 Change in Change in Change in Income Realized Total Realized Total Realized Total Statement Gain Unrealized Gain Gain Unrealized Gain Gain Unrealized Gain Classification (Loss) Gain (Loss) (Loss) (Loss) Gain (Loss) (Loss) (Loss) Gain (Loss) (Loss) Cost of revenues $ 830 S 2,315 $ 3,145 $ (432) $ (503) $ (935) $ — $ — $ — Interest expense, net (890) 894 4 (388) (1,397) (1,785) 5 (565) (560) Total $ (60) $ 3,209 S 3,149 $ (820) $ (1,900) $ (2,720) $ 5 $ (565) $ (560) Balance Sheet Classification Prepaid expenses and other current assets - commodity swaps Other assets - commodity swaps Accrued expense and other current liabilities - commodity swaps Accrued expense and other current liabilities - interest rate swaps Other long-term liabilities - commodity swaps Other long-term liabilities - interest rate swaps to Net unrealized (loss) position (1) Includes designated cash flow hedge of $(31) as of September 30, 2021. Note 23 - Other Comprehensive Income September 30, 2021 2020 990 $ — 822 - - (183) (97) - - (320) (748) (1,708) $ 967 $ (2,211) Comprehensive income comprises two subsets: net income and other comprehensive income (OCI). The components of other comprehensive income are presented in the accompanying Consolidated Statements of Comprehensive Income and Consolidated Statements of Stockholders' Equity, net of applicable taxes. The Company's interest rate swap contract hedge included in other comprehensive income was entered into on August 13, 2021 with an original notional value of $160.0 million. The maturity date of this swap is June 24, 2026. Amounts in accumulated other comprehensive income (AOCI), net of tax, at September 30, are as follows (in thousands): https:l/www.sec.govIArchtvestedgarldata/0001718227/000171822721000107/road-202l0930.htm 1271144 3/25/22, 9:42 AM road -20210930 AOCI 2021 2020 2019 Interest rate swap contract (23) — — Total $ (23) $ — $ — 128/144 3/25/22, 9:42 AM Table of Contents Changes in AOCI, net of tax, are as follows (in thousands): road -20210930 AOCI Interest Rate Hedge Balance at September 30, 2018 $ — Net OCI changes Balance at September 30, 2019 Net OCI changes Balance at September 30, 2020 Net OCI changes Balance at September 30, 2021 (23) $ (23) Amounts reclassified from AOCI to earnings, are as follows (in thousands): 2021 2020 2019 Interest expense $ 224 $ — $ — Benefit from income taxes (56) — — Total reclassifications from AOCI to earnings $ 168 $ — $ — Note 24 - Asset Retirement Obligations As discussed in Note 2, the Company has asset retirement obligations ("AROs"), which are liabilities associated with our legally required obligations to reclaim owned and leased aggregates facilities. At September 30, 2021 and 2020, the Company's AROs were $2.8 million and $0.0 million, respectively, which are reflected as "Other long-term liabilities" on the Company's Consolidated Balance Sheets. Accretion and depreciation expense related to AROs for the fiscal years ended September 30, 2021, 2020 and 2019 was $0.0 million, S0.0 million and $0.0 million, respectively. The following is a reconciliation of these asset retirement obligations (in thousands): For the Fiscal Year Ended September 30, 2021 2020 Asset Retirement Obligations Balance at beginning of year $ — $ — Liabilities incurred 2,070 — Liabilities settled — — Liabilities assumed 718 — Accretion expense — — Balance at end of year $ 2,788 $ — (1) See Note 4 - Business Acquisitions Note 25 - COVID-19 Pandemic The Company is closely monitoring the impact of the COVID-19 pandemic on all aspects of its business, including how it has impacted and may continue to impact the Company's customers, employees, suppliers, and vendors. While the Company did not incur significant disruptions in its operations from the COVID-19 pandenic during the fiscal year ended September 30, 2021, due to the uncertainties surrounding the COVID-19 pandemic, it is unable to predict the impact that the COVID-19 pandemic will have on its financial position, operating results and cash flows in future periods. As the Company continues to monitor the impacts of the pandemic on its financial position, operating results, and cash flows, it will consider and evaluate the need for any additional workforce actions in future periods. The Company is monitoring the executive order requiring vaccinations for certain employees of federal contractors and the emergency temporary standard issued by OSHA mandating vaccination or testing and masking requirements for companies with more than 100 employees. https:tlwww.sec.gov/Archivestedgarldata/0001718227/000171822721000107/road-202l0930.htm 129/144 3/25/22, 9:42 AM 73 road -20210930 https:/IwwAf.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 130/144 3/25/22, 9:42 AM road -20210930 Table of Contents Note 26 - Legal Settlement On April 26, 2021, the Company entered into a settlement agreement with a former stockholder of the Company relating to claims arising out of the former stockholder's sale of shares of the Company's common stock in a private transaction prior to the Company's initial public offering. Under the settlement agreement, the Company paid $3.2 million to the former stockholder in two installments in exchange for a release of all claims made by the former stockholder against the Company in the arbitration proceeding. As of September 30, 2021, all amounts due pursuant to the settlement agreement had been paid in full. A portion of the aforementioned settlement and associated legal expenses were determined to be non-deductible expenses, which resulted in an unfavorable permanent tax difference for the fiscal year ended September 30, 2021. 74 https://www.sec.gov/Archives/edgarldata/000171822710001718227210001071road-202l0930.htm 131/144 3/25122,9:42 AM road -20210930 Table of Contents Note 27 - Condensed Financial Statements of Parent Company CONSTRUCTION PARTNERS, INC. PARENT COMPANY ONLY CONDENSED BALANCE SHEETS (in thousands, except share and per share data) See note to condensed financial statements of parent company. 75 https://www.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 132/144 September 30, 2021 2020 ASSETS Cash and cash equivalents $ 65,225 $ 78,041 Prepaid expenses and other current assets 1,063 928 Total current assets 66,288 78,969 Property, plant and equipment, net 5,160 2,994 Investment in subsidiaries 409,245 383,740 Deferred income taxes, net 892 441 Other assets 2,014 6 Total assets $ 483,599 $ 466,150 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Due to subsidiaries $ 46,542 $ 75,044 Accrued expenses and other current liabilities 2,970 1,969 Total current liabilities 49,512 77,013 Long-term liabilities: Due to subsidiaries 24,440 2,234 Other long-term liabilities 748 1,708 Total long-term liabilities 25,188 3,942 Total liabilities 74,700 80,955 Stockholders' Equity Preferred stock, par value $0.001; 10,000,000 shares authorized at September 30, 2021 and September 30, 2020 and no shares issued and outstanding - - Class A common stock, par value $0.001; 400,000,000 shares authorized, 36,600,639 shares issued and outstanding at September 30, 2021, and 33,875,884 shares issued and outstanding at September 30, 2020 37 34 Class B common stock, par value 0.001; 100,000,000 shares authorized, 18,614,791 shares issued and 15,691,839 shares outstanding at September 30, 2021, and 20,828,813 shares issued and 17,905,861 shares outstanding at September 30, 2020 19 21 Additional paid -in capital 248,571 245,022 Treasury stock, at cost, 2,922,952 shares of Class B common stock, par value $0.001 (15,603) (15,603) Accumulated other comprehensive loss (23) - Retained earnings 175,898 155,721 Total stockholders' equity 408,899 385,195 Total liabilities and stockholders' equity $ 483,599 $ 466,150 See note to condensed financial statements of parent company. 75 https://www.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 132/144 3/25/22, 9:42 AM Table of Contents CONSTRUCTION PARTNERS, INC. PARENT COMPANY ONLY CONDENSED STATEMENTS OF COMPREHENSIVE INCOME (in thousands, except share and per share amounts) Equity in net income of subsidiaries Equity -based compensation expense General and administrative expenses Interest expense, net Gain on sale of equipment, net Other income Income before provision for income taxes Income tax benefit Net income Other comprehensive (loss), net of tax Net unrealized (loss) on interest rate swap contract Other comprehensive (loss) Comprehensive income Net income per share attributable to common stockholders: Basic Diluted Weighted average number of common shares outstanding: Basic Diluted See note to condensed financial statements of parent company. 76 road -20210930 For the Fiscal Year Ended September 30, 2021 2020 2019 $ 25,505 $ 43,712 $ 45,679 (3,549) (1,570) (957) (2,850) (2,597) (2,666) 834 (1,218) (153) — — 1 3 — 5 19,943 38,327 41,909 234 1,970 1,212 $ 20,177 $ 40,297 $ 43,121 (23) — — (23) — — $ 20,154 $ 40,297 $ 43,121 $ 0.39 $ 0.78 $ 0.84 $ 0.39 $ 0.78 0.84 51,636,955 51,489,211 51,421,159 51,773,213 51,636,934 51,427,220 https://www.sec.gov/Archivestedgar/data/0001718227/000171822721000107/road-20210930.htm 1331144 3/25122, 9:42 AM Table of Contents CONSTRUCTION PARTNERS, INC. PARENT COMPANY ONLY CONDENSED STATEMENTS OF CASH FLOWS (in thousands) Cash flows from operating activities: Net income road -20210930 Adjustments to reconcile net income to net cash (used in) provided by operating activities: Depreciation, depletion and amortization of long-lived assets Gain on sale of equipment Loss (gain) on derivative instruments Equity -based compensation expense Equity in net income of subsidiaries Deferred income tax (benefit) expense Other non-cash adjustments Changes in operating assets and liabilities: Prepaid expenses and other current assets Other assets Accrued expenses and other current liabilities Other liabilities Net cash (used in) provided by operating activities Cash flows from investing activities: Purchases of property, plant and equipment Proceeds from sale of equipment Investment in subsidiary Net cash (used in) investing activities Cash flows from financing activities: Change in amounts due to (from) subsidiaries, net Payment of treasury stock purchase obligation Proceeds from sale of stock Net cash (used in) provided by financing activities Net change in cash and cash equivalents Cash and cash equivalents: Beginning of period End of period See note to condensed financial statements of parent company. Note to Condensed Financial Statements of Parent Company For the Fiscal Year Ended September 30, 2021 2020 2019 $ 20,177 $ 40,297 $ 43,121 475 463 179 — — (1) (894) 1,397 565 3,549 1,570 957 (25,505) (43,712) (45,679) (451) (425) 99 9 (135) (183) 771 (2,008) (6) 257 1,001 (965) 1,662 (97) — (254) (3,879) (1,564) 1,677 (2,641) (1,189) (755) — — 1 — (17,303) (19,703) (2,641) (18,492) (20,457) (6,296) 34,150 16,959 — (569) 3 (6,296) 34,150 16,393 (12,816) 14,094 (2,387) 78,041 63,947 66,334 $ 65,225 $ 78,041 $ 63,947 On December 31, 2019, the Company completed an internal reorganization by merging Construction Partners Holdings, Inc. with and into the Company, with the Company surviving the merger. Therefore, the condensed parent company -only financial statements above reflect the retroactive combination of these entities as if it had occurred on October 1, 2018 for comparative purposes. The presentation change for September 30, 2019 had no effect on previously reported net income of the Company. These condensed parent company -only financial statements have been prepared in accordance with Rule 12-04, Schedule I of Regulation S -X, as the restricted net assets of the subsidiaries of Construction Partners, Inc. (as defined in Rule 4-08(e)(3) of Regulation S -X) exceed 25% of the consolidated net assets of the Company. The ability of Construction Partners, Inc.'s operating subsidiaries to pay dividends is restricted by the terms of the credit facilities described in Note 11 - Debt. These condensed parent company -only financial statements have been prepared using the same accounting principles and policies described in the notes to the consolidated financial statements, with the exception that the parent company accounts for its subsidiaries 77 https:/Iwww.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 134/144 3/25122, 9:42 AM Table of Contents road -20210930 using the equity method. These condensed parent company -only financial statements should be read in conjunction with the consolidated financial statements and related notes thereto. Note 28 - Subsequent Events Georgia Reorganization On October 1, 2021, the Company completed a reorganization of its Georgia operations by merging Everett Dykes Grassing Co., Inc., wholly-owned subsidiary of the Company, with and into The Scruggs Company, another wholly-owned subsidiary of the Company. Following the merger, the combined company continues to operate as "The Scruggs Company." Acquisitions On October 1, 2021, the Company acquired an asphalt and paving company headquartered in Liberty, South Carolina. The acquired platform company added three HMA plants in the Greenville, South Carolina metro area, providing opportunities for future expansion in the state. On October 18, 2021, the Company acquired a grading and site work contractor based in Pensacola, Florida. The acquisition further enhances the Company's vertical integration of construction services and supplements the Company's capabilities in the greater Pensacola, Florida market area following the Company's initial entry into that market last March. The acquisitions will be accounted for as business combinations in accordance with ASC 805. The aggregate purchase price of $67.0 million (excluding working capital adjustments) was paid with cash from the Revolving Credit Facility. In each case, the provisional allocation of the purchase price to assets acquired and liabilities assumed, based on their estimated fair values at the acquisition date, was determined in accordance with the methodology described under Fair Value Measurements above in Note 2 - Significant Accounting Policies. The amount of the purchase price exceeding the preliminary net fair value of identifiable assets acquired and liabilities assumed is expected to be recorded as goodwill in the aggregate amount of approximately $35.0 million, which is deductible for income tax purposes. Goodwill primarily represents the assembled workforce and synergies expected to result from the acquisition. Upon finalizing the accounting for this transaction, management expects to ascribe value to other identifiable intangible assets, including customer relationships and customer backlog, which will reduce the preliminary amount allocated to goodwill. Formation of Captive Insurance Company On October 1, 2021, Construction Partners Risk Management, Inc., a captive insurance company and wholly-owned subsidiary of the Company (the "Captive") commenced operations. The purpose of the Captive is to provide general liability, automobile liability and workers' compensation insurance coverage to the Company and its subsidiaries. Amendment to Credit Agreement On October 1, 2021, the Company and each of its wholly-owned subsidiaries entered into an amendment to the Credit Agreement to incorporate certain provisions addressing the Company's formation and operation of the Captive. Among other things, the amendment defines the permitted activities of the Captive and provides certain limitations on payments, distributions, investments, indebtedness and other transactions in which the Captive may engage. The amendment also prescribes the amounts that the Company may invest in the Captive and clarifies that the operations of the Captive will be excluded from the calculation of any financial ratios required by the Credit Agreement. Restricted Stock Awards In November 2021, the Company awarded a total of 79,049 restricted shares of Class A common stock to certain employees of the Company under the 2018 Equity Plan. The grant is classified as an equity award. The aggregate grant date fair value of these restricted stock awards was $3.2 million. Within that grant, 49,049 of the shares vest in one-fourth increments on September 30 of each calendar year following the calendar year in which the shares were granted. The remaining 30,000 shares vest in one-half increments on September 30, 2025 and 2026. Conversion of Class B Common Stock to Class A Common Stock Subsequent to September 30, 2021, certain stockholders of the Company converted a total of 4,059,569 shares of Class B common stock into shares of Class A common stock on a one-for-one basis. Following the conversions, there were 40,738,074 shares of Class A common stock and 11,632,270 shares of Class B common stock outstanding. httpsJ/Www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 135/144 3/25/22, 9:42 AM 78 road -20210930 https:/iwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 136/144 3125/22, 9:42 AM Table of Contents road -20210930 Item 9. Changes in and Disagreements With Accountants on Accounting and Financial Disclosure. None. Item 9A. Controls and Procedures. Evaluation of Disclosure Controls and Procedures Our management, with the participation of our Chief Executive Officer and Chief Financial Officer, evaluated the effectiveness of our disclosure controls and procedures (as defined in Rules 13a -15(e) and 15d -15(e) under the Exchange Act) as of September 30, 2021. Based on that evaluation, our Chief Executive Officer and Chief Financial Officer concluded that, as of September 30, 2021, our disclosure controls and procedures were effective to provide reasonable assurance that material information that we are required to disclose in reports that we file under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC rules and forms and that information that we are required to disclose in the reports that we file or submit under the Exchange Act is accumulated and communicated to our management, including our Chief Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding required disclosure. Management's Report on Internal Control Over Financial Reporting Our management is responsible for establishing and maintaining adequate internal control over financial reporting, as such term is defined in Exchange Act Rules 13a -15(f) and 15d -15(f). Under the supervision and with the participation of our management, including our Chief Executive Officer and Chief Financial Officer, our management conducted an evaluation of the effectiveness of our internal control over financial reporting based on the framework in "Internal Control—Integrated Framework (2013)" issued by the Committee of Sponsoring Organizations of the Treadway Commission. Based on that evaluation, our management concluded that our internal control over financial reporting was effective as of September 30, 2021. Attestation Report of Registered Public Accounting Firm The effectiveness of our internal control over financial reporting as of September 30, 2021 has been audited by RSM US LLP, our independent registered public accounting firm, who also audited our consolidated financial statements included in this report, as stated in their reports which appear with our accompanying consolidated financial statements. Changes in Internal Control Over Financial Reporting There were no changes in our internal control over financial reporting during the fiscal quarter ended September 30, 2021 that have materially affected, or are reasonably likely to materially affect, our internal control over financial reporting. Item 9B. Other Information. None. 79 https://www.sec.gov/Archives/edgar/data/00017182271000171822721000107/road-20210930.htm 137/144 3/26/22, 9:42 AM Table of Contents road -20210930 PART III Item 10. Directors, Executive Officers and Corporate Governance. The information required by this Item is incorporated by reference to the proxy statement for the 2022 annual meeting of stockholders of the Company to be filed by the Company with the SEC under the Exchange Act (the "2022 Proxy Statement"). The Company intends to file the 2022 Proxy Statement in January 2022, and in any event within 120 days after September 30, 2021. Item 11. Executive Compensation. The information required by this Item is incorporated by reference to the 2022 Proxy Statement. Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters. The information required by this Item is incorporated by reference to the 2022 Proxy Statement, Item 13. Certain Relationships and Related Transactions, and Director Independence. The information required by this Item is incorporated by reference to the 2022 Proxy Statement. Item 14. Principal Accountant Fees and Services. The information required by this Item is incorporated by reference to the 2022 Proxy Statement. 80 https://www.sec.gov/Archives/edgarldata/0001718227/000171822721000107/road-20210930.htm 138/144 3/25/22, 9:42 AM road -20210930 Table of Contents PART IV Item 15. Exhibits, Financial Statement Schedules. (a) Documents Filed as Part of this Report. (1) Financial Statements. The consolidated financial statements of Construction Partners, Inc. and its subsidiaries and the parent -only financial statements of Construction Partners, Inc, included herein at item 8 are as follows: • Reports of Independent Registered Public Accounting Firm — RSM US LLP • Consolidated Balance Sheets as of September 30, 2021 and 2020 • Consolidated Statements of Comprehensive Income for the fiscal years ended September 30, 2021, 2020, and 2019 • Consolidated Statements of Changes in Stockholders' Equity for the fiscal years ended September 30, 2021, 2020, and 2019 • Consolidated Statements of Cash Flows for the fiscal years ended September 30, 2021, 2020, and 2019 • Notes to Consolidated Financial Statements • Parent Company Only Condensed Balance Sheets as of September 30, 2021 and 2020 • Parent Company Only Condensed Statements of Comprehensive Income for the fiscal years ended September 30, 2021, 2020, and 2019 • Parent Company Only Condensed Statements of Cash Flows for the fiscal years ended September 30, 2021, 2020, and 2019 • Note to Condensed Financial Statements of Parent Company (2) Financial Statement Schedules. The financial statement schedules required to be included pursuant to this Item are not included herein because they are not applicable or the required information is shown in the consolidated financial statements or notes thereto, which are incorporated by reference at Item 15(a)(1) above. (3) Exhibits. The exhibits to this report are listed in the exhibit index below. (b) Description of Exhibits. The following exhibits are filed or furnished with this report, as applicable, or incorporated by reference: https:llwww.sec.gov/Archivestedgarldata/00017182271000171822721000107/road-202l0930.htm 1391144 3/25/22, 9:42 AM road -20210930 Exhibit Numbcr Description _ Amended and Restated Certificate of Incorporation of Construction Partners, Inc. (incorporated by reference to Exhibit 3.1 to Amendment No. 2 to the Registration Statement on Form S -I (File No. 333-224174) filed on April 27, 2018) 3_2 Amended and Restated Bylaws of Construction Partners, Inc. (incorporated by reference to Exhibit 3.2 to Amendment No. 2 to the Registration Statement on Form S -I (File No. 333-224174) filed on April 27, 2018) 3.2A Amendment to Amended and Restated Bylaws of Construction Partners, Iac. (iucoiporate by reference to Exhibit 3.1 to the Current Report on Form 8-K (File No. 001-38479) filed on June 4,L 020) 4_1 Fornr of Class A Common Stock Certificate (incorporated by reference to Exhibit 4.1 to Amendment No. I to the Registration Statement on Form S- I (File No. 333-224174) filed on April 23, 2018) 4.2 4.3 • Description of Construction Partners, Ine.'s Class A common stock 81 https:ltwww.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 140/144 3/25/22, 9:42 AM Table of Contents road -20210930 Exhibit Number Description 10_1 t Form of Indemnification Aareement_ by and hetween rnnon,ptinn na,+— r,,.. "A e.,,.i. ,.r:. 10.2 10.2A 1010.31 10.3At 10.313t Form of Employment Agreement, dated April 1, 2020, by and between Construction Partners, Inc. and certain executive officers (ine�orated l: reference to Exhibit 10 t to the Current Report on Form 8-K (File No. 001-38479) filed on April, 2020) 10.41 Construction Partners,-1Inc. 208 Equity Incentive Plan (incoi�orated by_ reference to Exhibit 10.7 to Amendment No I to the Registration Statement on Form S-1 He No. 333-224174) filed on April 23, 2018) 10.4At First Amendment to the Construction Partners, Inc. 2018 Equity Incentive Plan (incor -porated by reference to Exhibit 10.1 to the Quarterly Renort on Form 10-0 (File No. 001-38479) filed on August 9 2, 0191 10.413t Form of Restricted Stock Award under the Construction Partners, Inc. 2018 ncorpgratedby_ reference to Exhrbrt 10 9 to the Registration Statement on Form -1 (File No. 333-224174) f1 n Annl 6 2, O1g) 10.5 Management Services Agrommt, dated October 1, 2006 by and between Construction Partners Holdings Inc. Wa Construction Partners,Inc.) and SunTx Capital Management Corp (into orated by reference to Exhibit 10. 13 to the Registration Statement on Form S-1 (File No. 333-224174) filed on April 6, 2018), 10.5A Amendment to Management Services Agreem n , dated October 1, 2013, -by and between Construction Partners Hol Ings, Inc. fWa Construction Partners,—In c.) and SunTx Capital Management Coro_ in orporated by reference to Exhibit 10.14 to the Registration Statement on Form S-1 (Fite No. 333-224174) filed on April 6,-2918 ) 14.1 Code of Business Conduct and E c (incorporated by reference to Exhibit 14.1 to the Annual Report on Form 10-K (File No. 001-38479) filed on December 14 2. 018) 21.1* List of Siiniificant Subsidiaries of Construction Partners,Irk. 23.1 * Consent of RSM US LLP 31.1" Certification of President and Chief Executive Officer pursuant to Rule 13a -14(a) or Rule 15d -14(a) of the Securities Exchange Act of 1934, as amended 31.2* Certification of Chief Financial Officer pursuant to Rule 13a-l4(a) or Rule 15d -14(a) of the Securities Exchange Act of 1934, as amended 32.1** Certification of President and Chief Executive Officer pursuant to 18 U.S.C. Section 1350 32.2** Certification of Chief Financial Officer pursuant to 18 USC Section 1350 95.1* Mine Safety Disclosures 101.INS* Inline XBRL Instance Document IO1.SCH* Inline XBRL Taxonomy Extension Schema Document IOLCAL* Inline X 3RL Taxonomy Extension Calculation Linkbase Document 101.DEF* Inline XBRL Taxonomy Extension Definition Linkbase Document IO LLAB* Inline XBRL Taxonomy Extension Label Linkbase Document 101.PRE* Inline XBRL Taxonomy Extension Presentation Linkbase Document https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 141/144 3/25/22, 9:42 AM road -20210930 104* Cover Page Interactive Data File (embedded within the Inline XBRL document) f Management contract, compensatory plan or arrangement. * Filed herewith. 82 https:/Mrovw.sec.gov/Archives/edgar/dato/0001718227/0001 71822721000107/road-20210930.htm 142/144 3/25/22, 9:42 AM Table of Contents road -20210930 Exhibit Number Description ** Furnished herewith. 83 https://www.sec.gov/Archives/edgar/data/0001718227/000171822721000107/road-20210930.htm 143/144 3125122,9:42 AM Table of Contents road -20210930 SIGNATURES Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized, on this 29th day of November, 2021. CONSTRUCTION PARTNERS, INC. By: /s/ Fred J. Smith, III Fred J. Smith, III President and Chief Executive Officer Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated. Name and Signature Title Date /s/ Fred J. Smith, III President, Chief Executive Officer and Director November 29, 2021 Fred J. Smith, [II (Principal Executive Officer) /s/ R. Alan Palmer Executive Vice President and Chief Financial Officer November 29, 2021 R. Alan Palmer (Principal Financial Officer) /s/ Todd K. Andrews Chief Accounting Officer November 29, 2021 Todd K. Andrews (Principal Accounting Officer) /s/ Ned N. Fleming, III Executive Chairman of the Board November 29, 2021 Ned N. Fleming, ID /s/ Charles E. Owens Vice Chairman of the Board November 29, 2021 Charles E. Owens Js/ Craig Jennings Director November 29, 2021 Craig Jennings /sl Mark R. Matteson Director November 29, 2021 Mark R. Matteson /sl Michael H. McKay Director November 29, 2021 Michael H. McKay /s/ Stefan L. Shaffer Director November 29, 2021 Stefan L. Shaffer /s/ Noreen E. Skelly Director November 29, 2021 Noreen E. Skelly 84 https://www.sec.gov/Archives/edgar/data/0001718227!000171822721000107/road-20210930.htm 1441144 C. W. Roberts Contracting, Inc. Work In Progress Report Project Name Owner Name Contract Amount Amount Completed Percent Completed 1511626 FDOT Kings Highway Florida Dept. of Transportation $4,261,771.53 $1,977,301.32 46.4094. 15116501 FDOT US Highway 1 Florida Dept. of Transportation $7,234,722.47 $7,160,209.04 98.97% 1511662 FOOT 1-95 Carr Construction, LLC $1,443,646.85 $1,504,526.75 104.22% 1511663 ISebring Parkway 1511664 SR 60 & 43rd Avenue Bergeron Land Development Tim Rose Contracting $1,241,085.80 $1,798,732.251 $730,558.08 $876,473.09 58.86% 48.73% 1511697 Glades Co. SR 78 Florida Dept. of Transportation $8,099,184.96: $5,619,769.79 69.39% 1511717 Highlands County Florida Dept. of Transportation $10,655,800.49 $6,724,805.05 63.11% 1511771 FOOT - Martin Highway Florida Dept. of Transportation $21,354,929.25 $4,729,559.22 22.15% 1511785 Hegener Drive Extension Accel Florida, LLC $1,287,623.57 $151,282.75 11.75% 1511802 Okee Runway 5-23 Okeechobee BOCC $3,473,936.50 $3,514,621.16 101.17% 1511839 Indian River Annual Indian River County $5,739,011.50 $1,357,336.50 23.65% 1511853 Booker Park PRP Construction $373,691.00 $0.00 0.00% 1511854 SE Flamingo -MCA Martin Co. BOCC $160,242.65 $160,242.65 100.00% 1511864 Amazon P813 1511891 SE Island Way - MCA 1511895 OKE Annual Phillips & Jordan Martin Co. BOCC OKE BOCC FY 2022 $912,989.50 $206,989.59 $1,361,572.80 $64,917.35 $0.00 $11,330.50 7.11% 0.00% 0.83% 1511906 Nexair - Lots 7 & 8 B & B Site Development $136,403.64 $114,671.10 84.07% 1511907 CR720 Treviicos $2,138,551.25 $0.00 0.00_% 1511910Lost Trail 1511916 j High Meadow - MCA Treviicos Martin Co. BOCC $467,260.00 $206,183.05 $0.00 $0,00 0.00% 0.00% 1 TOLatS $68,037,368.32 $34571,602.75 50.81% Summary of Availability to meet the Project Schedule Founded in 1976, C. W. Roberts Contracting is the premier highway contractor in Florida, specializing in asphalt paving. C. W. Roberts has built its reputation through honoring its mission statement, which has earned us a solid reputation of being the most reliable paving contractor in Florida. C. W. Roberts is also known for its quality work and integrity, which separates us from our competitors. C. W. Roberts has 9 locations through out the state of Florida, with over 800 employees and an extensive equipment list. C. W. Roberts is more than capable of completing any work they are awarded. C. W. Roberts has completed multiple projects of this magnitude and has vast knowledge of what is required to perform the work needed in a timely and professional manner. rn V d CD O O O O LO d CO O O M �} (j E N O It f` N N Q0 T- O N N d O C LL �- M �- O O O O a O I` co U bq 64 U p C:) 0 Lo =1 o CO co o 4 o dO � c rn LQ 0 00 LO C Q M NN d co co r- � ` N M d' O Ln ti r O I� 60-C{} M rLO - K} E!3 6M9 69 E c U m VLO N zCL � (nM �� E�ll @) co ` co �� C � + (D EO c o� �� �LO Eco E� oo �ce) 0 ( U0' >,N CO NM O CO CO i � � �� a� CD 'a d-cCO �O O > N Co ��' �- � �' U �� a E a E ° C+:� >1 V)� O Lu U o f OU U O aU C N w C N o Q) Co _n > 1- Z � = Y > C 0 U U CO - = ? J J c W E U O (II NCO(II a N °o NQ UU° X0.0 Q)O O U O U O vi > _ O Q U" O a (L6 =3 -0 E c -p E ,,_ O c a O C6 . C: -0 E O i J O O (9 E >, L i-- tII E LL O (n m U m U U !- LL O 2.m U ^` AWA` W W - N •- O O Q E O O O �- p �- � V c-- d N N O O O C > Ucz U CL 0 cu0 r - _ (n d E m > 0 M m •C-) m U) Z _N > _a (0 "- 1�— d Z U � Z I— � U Q IRC -1707 SECTION 00458 – List of Subcontractors The Bidder MUST list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, additions, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. IRC -1707 for INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE 1 Work to be Performed Maintenance of Traffic Subcontractor's Name/Address Bob's Barricades, Inc. - 921 Shotgun Road, Sunrise, FL 33326 Portion of Work 0.263% 2 Signalization Gerelco Electrical Contractors, Inc. - 560 NW Enterprise Drive, Port St. Lucie, FL 34986 12.741% 3 Striping Hog Technologies - 3170 SE Slater Street, Stuart, FI 34997 3.455% 4 Grassing Nature's Keeper, Inc - 302 S. Brocksmith Road, Fort Pierce, FL 34945 0.434% 5 Testing Pacifica Engineering Services, LLC - 601 N. Congress Avenue, Suite 303, Delray Beach, FL 0.613% 6 Milling Superior Roadway Services of Florida - 531 Ocoee Apopka Road, Ocoee, FL 34761 4.281% 7. 8. 9. — 10. 11. 12. 13. 14. Note: Attach additional zhar�tc if rani t;r A I , Iu r�u. * * END OF SECTION * * List of Subcontractors REV 3-18A - 00458 -1 F:\Public Vdorks\ENGINEERING DIVISION PROJECTS\1707Irdian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SC0P)\1-Admin\Bid Documents\Bid DocumentslDIV 0_1_ Bid and Contract Doc—IRC-1707-docx SECTION 00460 — CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Flor da Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority- owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of R pondent: C. W. Roberts Contracting, Inc. By: ` (Authorized Signature) Title: Area Manager Date: 05/26/2022 Certification Regarding Prohibition Against Contracting - 00460 -1 FiPublic Works\ENGINEERING DIVISION PROJECTS11707 Indian River Siva Merrill Barber Bndge 1053rd St Resurfacing (SCOP)I1-Admin\Bid Documents\lld Documents101V 0_1_Bid and Contract Doc RIC 1707.docx N�FRc Indian River County Purchasing Division purchasing@ircgov.com ADDENDUM NO. 1 Issue Date: May 16, 2022 Indian River Blvd Resurfacing from 53rd St to Barber Bridge Project Name: (IRC -1707) Bid Number: 2022046 Bid Opening Date: May 26, 2022 This addendum is being released to answer questions received to date, provide the minutes from the Pre - Bid meeting, and modify the bid documents. The information and documents contained in this addendum are hereby incorporated in the invitation to bid. This addendum must be acknowledged where indicated on the bid form, or the bid may be declared non-responsive. Attachments within this odf Itemized Bid Schedule — Addendum 1 Plan Sheet 3 — Addendum 1 Plan Sheet 9 — Addendum 1 Pre -Bid Meeting Minutes Pre -Bid Meeting Sign In Sheet Attached separately: Itemized Bid Schedule — Addendum 1 as an excel document Design CAD Files Survey CAD Files Questions and Answers 1. Is the bid form available in excel format for contractors to use? The updated bid form is provided in excel. 2. Would the engineer provide the geometry for the baseline? This information is shown on the plan sheets, but portions of it are overwritten and illegible. See attached 3. Sheet 3 of 51 shows a widening detail consisting of Base Group 6. How will this work be paid? We have a pay item for Optional Base Group 11. Plan Sheet 9 - Addendum 1 shows the corrected quantities for Optional Base Group 11 and an added pay -item and quantity for Optional Base Group 6. 4. Would the engineer provide cross sections? The embankment work was billed as a lump sum pay - item for minor dressing to harmonize the shoulder in the widening areas to 6:1 and 4:1 slope, respectively. This is meant to tie the new shoulder back to the existing grades. Are CAD files available for use during bidding? See attached Addendum 1 6. Please provide details for the 63 SF of grate to furnish and install. Should this be paid per EA? Which type of castings will be needed? The item is specified in SF (square feet) due to the fact that the existing drainage structures in need of new grates are not within FDOT dimensional standards and will need to be custom made to fit each structure. The inlet grates are to be reticuline steel, require H-20 loading and be hot dipped galvanized. 7. Regarding the Adjust Valve Boxes pay item, is that for water valves? The pay item references a storm sewer number of 0425 6. Please clarify what type of valve boxes will be adjusted. A field review of the pavement showed the patch in the pavement was believed to a valve box that was paved over at 45th street. Upon further investigation it was determined to be a patch for an old stop sign that was removed. In the event that there are any utility valve boxes that have been paved over, the pay item sets a unit price for that work if it's needed. The Contractors are to bid the project as it will be constructed within the project time. 8. See widening details on sheet 3 of 31. Where does the 2' asphalt widening occur, besides adjacent to the three traffic islands? In order to do a takeoff, we need to verify the 2916 SY of OBG11, I cannot find the entire 2916 SY of cemented coquina. The widening details say "Stations and locations vary", could you identify where this work occurs so we may perform a quantity takeoff? Plan Sheet 3 - Addendum 1 shows the updated quantities for Optional Base Group 11 and Optional Base Group 6 and specifies the limits of the widening. 9. Is the Owner responsible for all testing on this project? Contractor will be responsible for Quality Control testing consistent with FDOT standard specifications as modified by the contract and the County will provide material verification testing per FDOT specifications. The County does not factor in spread rate for composite pay factor adjustments for asphalt testing. 10. In the pre-bid meeting this morning, we discussed the pay item that is paid by the SF, and includes furnishing and placing new grates. See attached picture. Is the grate in this picture what we are to base our bid upon? I found three different types of storm grates in the IR Blvd. median. I am looking for clarification as to what the County wants. The grates are to be hot dipped galvanized reticuline steel grate with H-20 load rating. 11. How are the sod items being paid? Itemized Bid Schedule —Addendum 1 now includes items for sod. 12. Can cross sections be provided for earthwork quantities? The project was designed to be milling and resurfacing with minor widening in areas to develop a 5ft bike lane along the corridor and thus cross section were not developed for this project. Stationing limits where the widening is to occur will be reflected on the typical sections as well as well as a table showing the maximum pavement widening widths for respective station ranges. The CAD & survey files are included with this addendum. ITEMIZED BID SCHEDULE *ADDENDUM 1 PROJECT NAME: INDIAN RIVER BLVD. RESURFACING FROM 53RD ST. TO THE MERRILL BARBER BRIDGE PROJECT NO. IRC -1707 BID NO. 2022046 FM NO. 441919-1-54-01 BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Amount 01011 MOBILIZATION LS 1 01021 MAINTENANCE OF TRAFFIC LS 1 01041 PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION LS 1 01101 1 CLEARING & GRUBBING LS 1 01201 REGULAR EXCAVATION LS 1 01206 EMBANKMENT LS 1 01604 TYPE B STABILIZATION 12" SUBGRADE, LBR 40, MINIMUM SY 14,580 *0285706 OPTIONAL BASE, BASE GROUP 06 (8" CEMENTED COQUINA) SY 1,576 *0285711 OPTIONAL BASE, BASE GROUP 11 (12" CEMENTED COQUINA) SY 120 0327 70 6 MILLING EXISTING ASPHALT PAVEMENT, 1 1/2" AVG DEPTH SY 119,833 0334113 SUPERPAVE ASPHALTIC CONC. TRAFFIC C (PG76-22, S.P. 12.5,2" THICK) TN 13,252 0425 14 1 GRATE FOR EXISTING DRAINAGE STRUCTURE, FURNISH AND INSTALL SF 63 04256 VALVE BOXES, ADJUST EA 1 0520 1 10 CONCRETE CURB & GUTTER, TYPE F LF 256 05222 CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK (FIBERMESH REINFORCED) SY 12 05272 DETECTABLE WARNINGS SF 9 05701 2 PERFORMANCE TURF, SOD BAHIA SY 3,000 05701 2A PERFORMANCE TURF, SOD FLORATAM SY 3,000 0630211 CONDUIT, FURNISH & INSTALL, OPEN TRENCH LF 33,000 06302 12 CONDUIT, FURNISH & INSTALL, DIRECTIONAL BORE LF 2,349 0633 1123 FIBER OPTIC CABLE, F&I, UNDERGROUND, 49-96 FIBERS LF 18,000 06352 12 PULL & SPLICE BOX, F&I, 24"X36" COVER SIZE PULL BOX EA 35 06352 13 PULL & SPLICE BOX, F&I, 30"X60" RECTANGULAR OR 36" ROUND COVER SIZE SLACK BOX EA 9 07061 3 RAISED PAVEMENT MARKER, TYPE B BI-DIRECTIONAL AMBER/AMBER EA 291 07061 3A RAISED PAVEMENT MARKER, TYPE B BI-DIRECTIONAL WHITE/RED EA 1,503 07061 3B RAISED PAVEMENT MARKER, TYPE B BI-DIRECTIONAL WHITE/MONO EA 67 0711 11123 THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR CROSSWALK AND ROUNDABOUT LF 773 071111124 THERMOPLASTIC, STANDARD, WHITE, SOLID, 18" FOR DIAGONALS AND CHEVRONS LF 1,269 00310-3 F:\Purchasing\Bids\2021-2022 FY (2022000)\20220461R Boulevard Resurfacing IR-1707\Addendum 1 docs\MASTER ITEMIZED BID SCHEDULE_ ADDENDUM 1 ITEMIZED BID SCHEDULE *ADDENDUM 1 PROJECT NAME: INDIAN RIVER BLVD. RESURFACING FROM 53RD ST. TO THE MERRILL BARBER BRIDGE PROJECT NO. IRC -1707 BID NO. 2022046 FM NO. 441919-1-54-01 BIDDER'S NAME: Item No. Description Unit Unit Price Quantity Amount 071111125 THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP LINE AND CROSSWALK LF 364 0711 11141 THERMOPLASTIC, STANDARD, WHITE, 2-4 DOTTED GUIDELINE/6-10 GAP EXTENSION, 6" GM 2.000 0711 11160 THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL HELMETED BICYCLE SYMBOL AND BIKE LANE ARROW EA 50 0711 11160A THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL (MERGE WITH ARROW) EA 12 0711 11160B THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL ONLY EA 6 0711 11170 THERMOPLASTIC, STANDARD, WHITE, ARROW EA 96 071111224 THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR DIAGONAL OR CHEVRON LF 1 344 0711 11241 THERMOPLASTIC, STANDARD, YELLOW, 2-4 DOTTED GUIDELINE/6-10 DOTTED EXTENSION LINE, 6" GM *0.24 0711 16 101 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 6" GM *11.12 0711 16 102 THERMOPLASTIC, STANDARD -OTHER SURFACES, WHITE, SOLID, 8" GM *0.52 0711 16 131 THERMOPLASTIC, OTHER -SURFACES, WHITE, SKIP. 6", 10-30 SKIP OR 3- 9 LANE DROP GM *5.26 0711 16 201 THERMOPLASTIC, STANDARD -OTHER SURFACES, YELLOW, SOLID, 6" GM *5.21 999-1 1CONSTRUCTION LAYOUT/ RECORD DRAWINGS I LS 1 INDIAN RIVER BLVD. RESURFACING FROM 53RD ST. TO THE MERRILL BARBER BRIDGE SUB TOTAL 999-25 FORCE ACCOUNT 365,000.00 TOTAL BID AMOUNT INCLUDING FORCE ACCOUNT TOTAL LS=Lump Sum SY=Square Yard TN=Ton EA=Each SF= Square Foot LF=Linear Foot SY=Square Yard 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 00310-4 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Addendum 1 docs\MASTER ITEMIZED BID SCHEDULE—ADDENDUM 1 A^'rl n SCA Ok 00 00 UZ �C N— o�gc 0mcZi ONZOO�-i cOv?+�z0 JAV\ mm m G ;o v r.lAp om v O >� c� �n zo 6, A� z I�--1 aOnODD �4 O �Z�gzz v Cz N o � tl o ►-3 -3 �' d 0-4 It o z� -05 :;. 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N OONIWIW 1 WI IWifl CN Zr �I ��O�INN unp -' A�O�I01NOOi+c00IW!JIW OWNJIUSN (O co Q( OrV O.(TOO coN 01 -WN) OO) I����� 'd> imp DDDDD p DD bxa aa�u Znnaayz,. aro�>' y m m� RgN u mN go yo �Npo S g2 "'b oa m� g£� N'o°bb ccig gad �� a"s as ups io� o z2n y<y9� s,9e"' � mao F2gi gmb�i b`s z� ay 2 go <� o oN y omi $og'" m2� 270 a yo Obi nH� $ ny n A ybOOa i y xj� a x ga• mYZ 0 A n�1 j6�jymm� cow g a ooy2'� °moi ° a ; m op 'a "aim A a y 2Ay o n s np n on o o �y�N apt y�Ay� iia n m >N �L 2 r= y mamma '^\� �1 D m y y o x cT �m 7g$ Page 1 of 5 �g1YER Board of County Commissioners A z 180127th Street Vero Beach, Florida 32960-3365 *'sGORI Telephone: (772) 567-8000 Fax: (772) 778-9391 PRE-BID MEETING MINUTES MAY 5,2022,10:30 A.M. INDIAN RIVER COUNTY ADMINISTRATION BUILDING Room Al -303 Building A INDIAN RIVER BLVD. RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE PROJECT No. IRC -1707 FM No. 441919-1-54-01 The following meeting notes set forth our understanding of the discussions and decisions made at the subject meeting. If no objections, questions, additions, or comments are received within five (5) working days from issuance of the meeting notes, we will assume that our understandings are correct. The project will move forward according to the bid plans and specifications and the understandings herein. Project Number FM Number: Bid Number: IRC -1707 441919-1-54-01 2022046 INTRODUCTIONS /SIGN IN SHEET. This was the PRE-BID MEETING; attendance at this conference by all bidders is MANDATORY. No bidder arriving after the meeting has begun will be allowed to sign in. This meeting was recorded as part of the project records. PROJECT DESCRIPTION: This project will be performed for the resurfacing/widening of Indian River Blvd. from 53rd Street to the Merrill Barber Bridge. The proposed improvements will include milling and resurfacing, widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. This project is an F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 441919-1-54-01. CONTRACT DETAILS Bid opening: Thursday, May 26, 2022 at 2:00 PM Contract time: 180 days to substantial completion 210 days to final completion Estimate: $4,135,269.36 (includes a $365,000.00 force account) Liquidated Damages: $2,712.00 per day \\fileserver2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Meetings\PreBid\IRC-1707_PREBID_MIN_20220505.docx Page 2 of 5 CONTACTS BIDDING PROCESS All communications concerning this bid shall be directed to Indian River County Purchasing Division at purchasing@ircgov.com. UTILITIES AT&T Florida Power and Light, Co. — Distribution Indian River County Traffic Operations Indian River County Telecommunications Indian River County Utilities City of Vero Beach Water and Sewer NextEra Energy (Florida City Gas) DESIGN: In-house, EOR James Ennis PROJECT REQUIREMENTS: • Bidder must be registered with and use, at their sole expense, the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees, as required by Section 448.095, F.S.. Owner, Contractor, and Subcontractors may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Contractor is responsible for obtaining proof of E -Verify registration for all Subcontractors. This requirement applies to any provider of services or goods. • Submittals, RFI's and Pay Apps will be submitted via e -Builder, the County's cloud based shared file platform. • Invoicing shall be submitted on a monthly basis and must include Consent of Surety, all applicable release of liens, and all other documents as noted in the Contract Documents. • Funding for this project is through a FDOT Small County Outreach Program 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. FDOT provides oversight to the project and in addition to other items requiring concurrence by FDOT are contractual changes, time extensions and weather days. • Any change orders, revisions, time extensions and weather days need to be submitted and accepted by Indian River County and FDOT. Weather letters will be issued on a monthly basis and require FDOT acceptance • Summary of required Contractors bid forms can be found on the submittal's checklist (Section 00200, Instructions to Bidders, Article 15 — Submittal of Bid). • Contractor Qualifications: Bidders shall be a qualified General Contractor registered in the State of Florida. • No Design Permits for this project. OTHER ISSUES • Bidders to review plan documents and provide comments to Indian River Purchasing Department (purchasing@ircgov.com) as soon as possible. No further comments or \\fileserver2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Meetings\PreBid\IRC-1707_PREBID_MIN_20220505.docx Page 3 of 5 questions will be addressed from end of business, May 16, 2022. • The Notice to Proceed tentative issuance is July, 2022. • Governing Standards and Specification for this project will be FDOT FY 2020-21, FDOT Standard Plans for Road Construction and FDOT Standard Specifications for Road and Bridge Construction (January 2020 Edition) in addition to the Indian River County Traffic Signal Specifications. • All testing will be performed per FDOT specifications, this will include asphalt and concrete. o Contractor to provide quality testing o County to provide material verification testing per FDOT specifications • Contractor shall submit material and storage staging area for approval. • All areas disturbed by the Contractor will need to be restored to original conditions or better. • Contractor shall submit a "Hurricane Preparedness" plan prior to Notice to Proceed. • IRC work hours are Monday to Friday from 7:00 AM to 5:00 PM • Maintenance of Traffic: o Contractor shall submit a Maintenance of Traffic Plan to the Indian River County, Engineering Division for approval o The Maintenance of Traffic Plan shall meet the requirements set forth in the MUTCD & FDOT Index 600, FY2020-2021 Edition and shall be signed and sealed by a Florida PE. 0 1 lane of traffic in each direction on Indian River Boulevard shall be maintained at all times. o Access for school, businesses and residences, school buses, sanitation & US Postal Service and emergency vehicles must be maintained at all times. o Temporary Lane Closures require notice to the IRC traffic department 72 hours in advance and can be conducted between 9 AM and 4 PM. o Detour routes must be developed and signed by a Professional Engineer and approved by the County. Detour routes must be submitted 14 days in advance. • There will be an Addendum that will include the Meeting Minutes. o Contractor must acknowledge addendum in bid package (Bid Form Section 00310) • Refer to Appendix C of Special Provisions for Traffic Engineering Special Conditions for ROW Construction. DISCUSSION • James Ennis (Indian River County Engineering) stated the County generally follows the FDOT specifications • James Ennis stated that the County does not allow for pay adjustments for asphalt based on composite pay factor or fuel & bituminous material factors. Additionally, the County does not allow for spread rate adjustments over the indicated plan thickness unless approved prior to asphalt placement. • Indian River Boulevard is an Emergency Evacuation Route and must be clear of all construction activities 24 hours in advance of hurricane landfall. • Richard Reichenbach (Indian River County Engineering) stated the County's work hours can be outside of normal working hours with prior County approval and the overtime for the County's inspector will be payable by Contractor. • James Ennis stated there is a separate project to re -align the intersection of 37th Street \\fileserver2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Meetings\PreBid\IRC-1707_PREBID_MIN_20220505.docx Page 4 of 5 with Indian River Boulevard (IRC -1910: 37th Street at Indian River Boulevard) and the Contractor for this project (IRC -1707) may need to coordinate with the Contractor for IRC - 1910. Project IRC -1707 will be completed before IRC -1910 is under construction and that project is designed to meet and tie into the pavement of IRC -1707. • James Ennis stated that the City of Vero Beach has applied to the County for a Right -of - Way permit for a stormwater force main that will be on 41St Street, west of Indian River Boulevard where it will then cross under Indian River Boulevard, go to the east and continue to the north to 45th Street. It is expected their project will be permitted and constructed after this project is complete. Some coordination may be needed with the City, but if required, they are expected to work around this project. • James Ennis stated that an addendum will be issued clarifying the question regarding Base Group 6 and Base Group 11. The difficulty in quantifying the pay item was because the widening is minor and mostly related to harmonizing back into the existing grade. • James Ennis clarified that the embankment work was billed as a lump sum pay -time to harmonize the shoulder to 6:1 and 4:1 slope, respectively in the widening areas. It was meant to tie the shoulders back to the existing grades. • James Ennis stated that the pay item for adjusting valve boxes, the current pavement surface doesn't reflect existing valves. A field review of the pavement showed the patch in the pavement that was believed to be a valve box that was paved over at 45th street. Upon further investigation it was determined that this was a patch for an old stop sign that was removed. In the event that there are any valve boxes that have been paved over, the pay item sets a unit price for that work if it's needed. • James Ennis stated that the Contractors are to bid the project as it will be constructed within the project time. If there are long lead times for fiber and conduit, the County will look into delaying the Notice to Proceed or extending the contract time. The determination will be based on the successful bidder's documentation as to when materials can be delivered. This documentation should originate from the suppliers. • James Ennis stated that weather days will be done on a monthly basis and must meet FDOT concurrence. • James Ennis stated that the Force Account is strictly for items that are unanticipated and additional to the work. It is not paid out unless there is additional work issued and approved by the County. • The AutoCAD drawing file(s) will be sent as part of the addendum. • Clarification was given regarding the pay item for "Grate for Existing Drainage Structure, Furnish and Install", the item is specified in SF (square feet) due to the fact that the existing drainage structures in need of new grates are not within FDOT dimensional standards and will need to be custom made to fit each structure. The inlet grates are to be reticuline steel, require H-20 loading and be hot dipped galvanized. • Jennifer Hyde (Indian River County Purchasing) stated this project is a unit price bid and every item with a unit price space must be filled in or the bid will be disqualified. • ChloAnn Lawrence (FDOT Treasure Coast Operations) stated this is a grant project partially funded through the state, FDOT is a silent partner and this is a County project. The Contractor will receive payment from the County and the County will receive reimbursement from FDOT. They will inspect the project to insure it meets the requirements set forth by the County and any communication concerning discrepancies will be between FDOT and the County. This project is not federally funded and material \\fileserver2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Meetings\Pre Bid\IRC-1707_PREBID_MIN_20220505.docx Page 5 of 5 certifications will not be required by FDOT but the Contractor will still need to follow the standards set forth by the County. James Ennis added that quality control is important especially because this is a heavily used road. He has also requested the Indian River County Sheriff's Department to perform speed limit enforcement. If the successful bidder requires additional traffic and safety enforcement during construction, the County will make the request to the Sheriff's Department. Meeting adjourned. ATTACHED: Sign in sheet \\fileserver2.admin.com\public\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\i-Admin\Meetings\PreBid\IRC-1707_PREBID_MIN_20220505.docx 'C 0 � � o W W co h W cc :Dco o c W ti J J J _S V cr- r-1 LLJ LU N LU u i N N Lu Z ILu O 'cc w O m W t t cJ W c= o LLJ CM O U-I Z Ln M - N -, kDN Z Z W C7 O a �C) o� 0ONQ Z 0- CC � W G v u m LL. cr- D Z LUN o iV L w t7 Q Q > z a J m 2 0 ` V cc u�J _o W z Z - v ` a ILI Z 1 J N LLJ �►' v W a L, C7 m � L cc W m a m � S J J_ e1 W + Lnui !� Cl W r •J p r, .1 a rz N ri ra W LU � Q OM Z ft Lu 1 � l Lu = N m r` 0 LU N co ' = a D ZLn Z Z to N n WS2DtiN IRN O N Ln, fig. Z a ZC +1 cw U co C l LL N W D ,] c N QLU co _ 1 m o J Z a ,, _ J m W Z s ui z 1 BOARD OF COUNTY COMMISSIONERS July 12, 2022 C. W. Roberts Contracting, Inc. Attn: Daniel A. Hoyt 8530 SW Jayme Way Palm City, FL 34990 via Email jandrews@cwrcontracting.com NOTICE OF AWARD Reference: Indian River County Bid No. 2022046 Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber Bridge Dear Mr. Hoyt: It is my pleasure to inform you that on July 12, 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 ($4,989,884.10). 2. Two Signed Copies of Enclosed Agreement. 3. Certificate of Insurance indicating coverage required in the General Terms and Conditions and Agreement. Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. 4. W-9. The Public Construction Bond must be executed in accordance with section 255.05(1)(a), Florida Statutes. Please submit the Bond, W-9, the Certificate(s) of Insurance and two fully -executed copies of the enclosed agreement to this office at the address provided below no later than July 27, 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, �ry; J Jennifer yde Purchasing Manager Cc: Project Manager Office of Management and Budget • Purchasing Division 180027 th 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 Page ARTICLE1- WORK..............................................................................................................2 ARTICLE 2 - THE PROJECT...................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................2 ARTICLE 4 - CONTRACT TIMES............................................................................................2 ARTICLE 5 - CONTRACT PRICE.............................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES..................................................................................3 ARTICLE 7 - INDEMNIFICATION..........................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS................................................................5 ARTICLE 9 - CONTRACT DOCUMENTS.................................................................................6 ARTICLE 10 - MISCELLANEOUS...........................................................................................7 [The Remainder of THIS Page WAS LEFT BLANK INTENTIONALLY] Agreement - 00634 - 1 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx SECTION 00520 Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and C. W. Roberts Contracting, 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: This project will be performed for the resurfacing/widening of Indian River Boulevard from 53rd Street to the Merrill Barber Bridge. The proposed improvements will include milling and resurfacing, widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. This project is an F.D. O. T. Small County Outreach Program (SCOP) funded project, FM No. 441919-1-54-01. 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: INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE County Project Number: IRC -1707 FM Number: 441919-1-54-01 Bid Number: 2022046 Project Address: Indian River Blvd. from 53rd Street to the Merrill Barber Bridge, Vero Beach, Florida 32960 and 32967 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence Agreement - 00634 - 2 F:\Purchasing\Bids\2021-2022 FY (2022000)\20220461R Boulevard Resurfacing IR-1707\Agreement.docx A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 180th 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 210th 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 $2,712.00 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 $2,712.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, 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: $4,989,884.10 Written Amount: Four million, nine hundred eighty-nine thousand, eight hundred eighty-four dollars and ten cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments Agreement - 00634 - 3 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing JR-1707\Agreement.docx 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 Agreement - 00634 - 4 F:\Purcha5ing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx and persons employed or utilized by the contractor or consultant in the performance of this Agreement." ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract 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. Agreement - 00634 - 5 F:\Purchasing\Bid5\2021-2022 FV (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verif ..gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, 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 51, inclusive, with each sheet bearing the following general title: Indian River Blvd. Resurfacing; 13. Addenda (if applicable 1-2); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); Agreement - 00634 - 6 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx 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 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); 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 Agreement - 00634 - 7 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are 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(&-ircgov.com Indian River County Office of the County Attorney 1801 27th Street Agreement - 00634 - 8 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] Agreement - 00634 - 9 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 12 day of July, 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: INDIAN RIVER COUNTY •h �; cTonssi•.. ��.. 0.. By. ;,A eter .O' rmarl Ury By. .oma Jason rown, C � y Admini' • r, rid• ' 'oQ.` `'ER CUUN��• APPROVED AS TO FORM AND LE PA SUFFICIE Y' By 4' Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest:Oa,,��Ajj 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: C.W. Roberts Contracting, Inc. D. 9' UA (Contractor) (CORPO E SEAL) Attest Address for giving notices: C.W. Roberts Contracting, Inc. 3660 Hartsfield Rd Tallahassee, FL 32303 License No. CGC1505785 (Where applicable) Agent for service of process: Designated Representative: Name: Daniel Hovt Title: Area Manager Address: 8530 SW Jayme Way Palm City, FL 34990 Phone: 772-288-0951 Facsimile: 772-288-0983 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * Agreement - 00634 - 10 F:\Purchasing\Bids\2021-2022 FY (2022000)\2022046 IR Boulevard Resurfacing IR-1707\Agreement.docx SECTION 00550 — Notice to Proceed Dated TO: (BIDDER) ADDRESS: Contract For: INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE Project No: IRC -1707 FM No: 441919-1-54-01 IRC Bid No. 2022046 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 180 calendar days for Substantial Completion of this project and 210 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) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) (TITLE) Notice to Proceed REV 04-07 00550 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.docx FRONT PAGE 00610-2 00610 - Public Construction Bond.doc C:\Users\rellis.INTERNAL\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\SU41Q3BK\00610 - Public Construction Bond.doc 3120220050547 RECORDED IN THE PUBLIC RECORDS OF Public Work JEFFREY R SMITH, CLERK OF COURT F.S. Chapter 255.05 (1)(a) INDIAN RIVER COUNTY FL BK: 3563 PG: 2298 Page 1 of 4 8/15/2022 10:34 AM 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: 30164018 / 016237163 CONTRACTOR NAME: C.W. Roberts Contracting, Inc. CONTRACTOR ADDRESS: 3660 Hartsfield Road Tallahassee, FL 32303 CONTRACTOR PHONE NO: 863-763-7373 SURETY COMPANY NAME: Western Surety Company and Liberty Mutual Insurance Company SURETY PRINCIPAL 151 N. Franklin Street, Chicago, IL 60606 BUSINESS ADDRESS: 175 Berkeley Street, Boston, MA 02116 SURETY PHONE NO: 312.822.5000 OWNER NAME: Indian River County, a Political Subdivision of the State of Florida OWNER ADDRESS: 1801 27th Street Vero Beach, FL 32960 OWNER PHONE NO: OBLIGEE NAME: Same (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: Same OBLIGEE PHONE NO: BOND AMOUNT: $4,989,884.10 CONTRACT NO: County Project No. IRC -1707, FM Number 441919-1-54-01 (If applicable) DESCRIPTION OF WORK: Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber Bridge PROJECT LOCATION: Vero Beach, Florida LEGAL DESCRIPTION: (If applicable) FRONT PAGE 00610-2 00610 - Public Construction Bond.doc C:\Users\rellis.INTERNAL\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\SU41Q3BK\00610 - Public Construction Bond.doc All other bond page(s) are deemed subsequent to this page regardless of any page nuinber(s) that may be printed thereon. 00610-3 00610 - Public Construction Bond.doc C:\Users\rellis.INTERNAL\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\5U41Q3BK\00610 - Public Construction Bond.doc PUBLIC CONSTRUCTION BOND Bond No. 30164018/016237163 (enter bond number) BY THIS BOND, We C.W. Roberts Contracting, Inc. , as Principal and _ Western Surety Company and Liberty Mutual Insurance Company a corporation, as Surety, are bound to Indian River County, aPolitical Subdivision ofthe State ofFlorida , herein called Owner, in the sum of $ 4,989,884.10 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated July 12 , 2022 , between Principal and Owner for construction of Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber Bridge , 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 August 2, 2022 00610-4 C.W. Roberts Contracting, Inc. Name of Principal) By (As Attorney in Fact Western Surety Company and Liberty Mutual Insurance Company (Name of Surety) By: ��Q Renee Ellis, Attorney in Fact, License No. D011432 00610 - Public Construction Bond.doc C:\Users\rellis.INTERNAL1AppData\Local\Microsoft\Windows\INetCache\Conlent.Outluok\5U4103BK\00610 - Public Construction Bond.doc Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr., David J Durden, Milton A Kopf III, Joshua Price, Individually of Montgomery, AL, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 6th day of January, 2022. F°"oREr,� WESTERN SURETY COMPANY ESO POg,q, �W.V �111zS °r'►ii oaN°� °"° •« aul T. Bruflat, Vice President State of South Dakota County of Minnehaha ss On this 6th day of January, 2022, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. +.— ..................... My commission expiresM. BENT I/ NOTDABOIA ; March 2,2026 I SOUTH DAKOTA I' i f � M. Bent, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2nd day of August, 2022. - g�RETy"� WESTERN SURETY ,COMPANY a Qf RPOgq; '�w�SEAy�p �rr N11Np� Form F4280-7-2012 L. Nelson, Assistant Secretary Go to www.cnasuretv.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Liberty MUtual,. SURETY 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 Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8206786-016010 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, Billie Jo Sanders, David J. Durden; Joshua Price, Milton A. Kopf, Paul B. Scott Jr.; Renee Ellis, Thomas J. Gentile all of the city of Montgomery state of AL 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 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 10th day of November , 2021 . M I Slate of PENNSYLVANIA ny County of MONTGOMERY s Liberty Mutual Insurance Company P� 1NSUR9 P01 INSU d \NSURq The Ohio Casualty Insurance Company �J ooRPo�rF y� yJ 4oRPo� F�2 VP 4oµroRgr� y� West American Insurance Company E 3 o to 3 o m W 3 o m Y�1912yo ° 1919 1991 0 6 0l �sdMo*a�t�ya� By:44110` � David M. Carey, Assistant Secretary 0 On this I Oth day of November , 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 > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a> m 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. C'U) 03 9) PAST yP �OOMV,Y 4� Commonwealth of Pennsylvania - Notary Seal /1 rtU U�• q(i fv Teresa Pastella, Notary Public }�Q� � 41 of Montgomery County My commission expires March 28, 2025 C M �w Commission number 1126044 By. (D 2 '3'svt.N�` �o Memo --r, PennsyN.ria AsscciA. f Nolaiies eresa Pastel a, Notary Public C 0) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 0 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 m 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 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 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 attorney-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 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 of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -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 2nd day of August , 2022 . INSU,4 'ZY INS& NNSUq j P4oaroR4J�oy� QJ3°oAPORgl�'Qg2C, �P2oRPORgrOych 19 0o ym 1919 o a 1991 C-) dj19S'rA cMU`+��.dD 0 ryRAMP`'�� D �NOIANP a3 By. Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC 0CIC WAIC Multi Co 02/21 ui E Q O 00 N N �C? 0 CNM 001 `oo a� c m. a� ACORJr �-, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08117/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McGriff Insurance Services, Inc. P.O. Box 10265 CONTACT Martha Lee Hawkins NAME: PHONE 800-476-2211 FAX A1C A/c No): Birmingham, AL 35202 EMAIL mhawkins me r(ff.com ADDRESS: g INSURERS AFFORDING COVERAGE NAIC # INSURERA:Arch Insurance Company 11150 10/01/2021 INSURED C.W. Roberts Contracting, Inc. INSURER 0: INSURER C: 8530 SW Jayme Way Palm City, FL 34990 INSURERD: INSURER E: INSURER F: 10 HLNILU PREMISES Ea occurrence S 100,000 COVERAGES CERTIFICATE NUMBER:UE03YCK4 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEAOULISUBR Indian River County 1801 27th St Bldg. A POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYy LIMITS A X COMMERCIAL GENERAL LIABILITY ZAGLB9247600 10/01/2021 10/0112022 EACH OCCURRENCE S 6,000,000 CLAIMS -MADE a OCCUR 10 HLNILU PREMISES Ea occurrence S 100,000 MED EXP (Any one person) S 10,000 PERSONAL 8 ADV INJURY S 61000,000 X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a I ECT LOC GENERAL AGGREGATE S 12,000,000 PRODUCTS - COMPIOP AGG S 12,000,000 S OTHER: A AUTOMOBILE LIABILITY ZACAT9276800 10/01/2021 10/0112022 COMBINED SINGLE LIMIT Ea accident S 6,000,000 X ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS X BODILY INJURY Per accident S ( ) HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident S S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE S DED I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRILTORIPARTNCRiCXECUTIVEE.L. OFFICER%MEh1BEK EXCLUDED? N❑ N / A ZAWC19966600 10/0112021 10/012022PER OTH- X TATUTE E EACH ACCIDENT S 1,000,000 EA E.L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) Ifes, ydescribe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 S S S S S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Indian River County is an Additional Insured with respect to General Liability and Automobile Liability as required by written contract. liCR l lr Il.N1 C YIVLUnm l AM. C1l -- ACORD 25 (2016/03) .UU 1 UI v lutsu-ZUTD AUUKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Indian River County 1801 27th St Bldg. A AUTHORIZED REPRESENTATIVE f Vero Beach, FL 32960 ;, ACORD 25 (2016/03) .UU 1 UI v lutsu-ZUTD AUUKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SECTION 00622 — Contractor's Application for Payment INDIAN RIVER BOULEVARD RESURFACING FROM 53RD STREET TO THE MERRILL BARBER BRIDGE Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Project No. FM No.: Bid No.: IRC -1707 441919-1-54-01 2022046 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $__ 5. Retainage (per Agreement): 5% of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; Contractor's Application for Partial Payment - 06-09 rev - 00622 - 1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\3-Admin\Bid Documents\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.dou Page 2 of 5 2. Updated Construction Schedule per Specification Section 01310. Dated (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF COUNTY OF 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. Please remit payment to: Contractor's Name: Address: [The remainder of this page was left blank intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\S-Admin\Bid Documents\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.dacx Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, ,a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety Business Address BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this day of , 20 Notary Public, State of My Commission Expires: [The remainder of this page was left blank intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 3 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\3-Admin\Bid Documents\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.docx Page 4 of 5 CERTIFICATION OF PROJECT MANAGER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE **************************************************************************************************** [The Remainder of This Page Was Left Blank Intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV O 1 Bid and Contract Doc IRC-1707.docx Page 5 of 5 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Contractor's Application for Partial Payment - 06-09 rev - 00622 - 5 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Me,rill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.docx W Q z U W O a_ J O O O O O O O Q o 0 0 0 0 0 0 0 O - o o ���� 61). � � LU M: ~ 1 U fn Z Z F} - J z O ~ w m Q ❑ C7 a z LU J F Na J w Q w O S o U W Q O o ❑ w Z J Q ❑ ❑ w LU w w F- w w O o y ❑Q 0 O ❑� U O cn Z W w w Q ~O o c W 0 Q H w w z o a 0 1-- w O CL 0 2 Q a w O v~i p as a � F- ❑ FQ- F- z E 0 Z J a Z Oz = w~ w Q Q fn =,F Q S O H CO F� F' O E Q S Q w 0 a Q ern❑ a J Q o ❑ F- O o o O F LU �2 = = F-- z F- Q M a J Q Z O O o fnO F � F OQ >U r LU J �- (L F as z Q Q a LU c S J o o 0 0 0 Q E o 0 > Q ❑ y LU J J Q ❑ U a F J w O < S U w r_m O U) S Z) c � C� J a 7 c ° J ~ za w z LLJ Z)z Q i- m UO m y S w U (7 F -- U) U) O Q C; PAGE 00622-6 SECTION 00630 — Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR: CONTRACT FOR: INDIAN RIVER BOULEVARD RESURFACING FROM 53rd STREET TO THE MERRILL BARBER BRIDGE Project No.: IRC -1707 FM No.: 441919-1-54-01 Project Description: This project will be performed for the resurfacing/widening of Indian River Boulevard from 53rd Street to the Merrill Barber Bridge. The proposed improvements will include milling and resurfacing, widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. This project is an F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 441919-1-54-01. OWNER's Bid No. 2022046 This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: OWNER And To: CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 calendar days of the above date of Substantial Completion. Certificate of Substantial Completion REV 04-07 - 00630 - 1 F:\PubiicVJorks\ENGINEERING DIVISION PROJECTS\1707Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.docx The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: ENGINEER: (Authorized Signature) (Date). CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: M (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY (Authorized Signature) * * END OF SECTION * * Certificate of Substantial Completion REV 04-07 - 00630 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0_1_Bid and Contract Doc IRC-1707.docx SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: INDIAN RIVER BOULEVARD RESURFACING FROM 53rd STREET TO THE MERRILL BARBER BRIDGE PROJECT NO: IRC -1707 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: This project will be performed for the resurfacing/widening of Indian River Boulevard from 53rd Street to the Merrill Barber Bridge. The proposed improvements will include milling and resurfacing, widening the shoulder to guarantee a minimum 5 -foot -wide bike lane along a major North/South corridor, ADA sidewalk return improvements and interconnect improvements for hardening and resiliency. This project is an F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 441919-1-54-01. UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. Contractor's Final Certification of the Work - 00632-1 F:\Public Warks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 1 Bid and Contract Doc IRC-1707.docx 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. 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) LIM STATE OF COUNTY OF (Corporate Seal) Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. + + END OF SECTION + + Contractor's Final Certification of the Work - 00632-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 1 Bid and Contract Doc IRC-1707.docx SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER'S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: (Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME: INDIAN RIVER BOULEVARD RESURFACING FROM 53rd STREET TO THE MERRILL BARBER BRIDGE PROJECT # IRC -1707 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision. I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents, except for discrepancies listed below. [Attach additional sheets as necessary] CERTIFIED BY: Printed Name: Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper:_ Company Name: Company Address: Telephone Number: (SURVEYOR'S SEAL) DIV 0-1—Bid and Contract Doc IRC-1707.docx - 00634 - 1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0_S_Bid and Contract Doc IRC 1707.docx STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 General Conditions - 00700 -1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY...............................................................................................................1 1.01 Defined Terms..........................................................................................................................................1 1.02 Terminology..............................................................................................................................................3 ARTICLE 2 - PRELIMINARY MATTERS.................................................................................................................................4 2.01 Delivery of Bonds.....................................................................................................................................4 2.02 Copies of Documents.............................................................................................................................4 2.03 Commencement of Contract Times; Notice to Proceed...................................................................4 2.04 Starting the Work.....................................................................................................................................4 2.05 Before Starting Construction.................................................................................................................4 2.06 Preconstruction Conference..................................................................................................................5 2.07 Initial Acceptance of Schedules............................................................................................................5 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE......................................................................5 3.01 Intent..........................................................................................................................................................5 3.02 Reference Standards..............................................................................................................................5 3.03 Reporting and Resolving Discrepancies.............................................................................................6 3.04 Amending and Supplementing Contract Documents.......................................................................6 3.05 Reuse of Documents..............................................................................................................................6 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS....................................................................................................................................................................6 4.01 Availability of Lands.................................................................................................................................6 4.02 Subsurface and Physical Conditions...................................................................................................7 4.03 Differing Subsurface or Physical Conditions......................................................................................7 4.04 Underground Facilities............................................................................................................................8 4.05 Reference Points.....................................................................................................................................8 4.06 Hazardous Environmental Condition at Site.......................................................................................9 ARTICLE 5 - BONDS AND INSURANCE................................................................................................................................10 5.01 Performance, Payment, and Other Bonds..........................................................................................10 Supervision and Superintendence.......................................................................................................13 5.02 Licensed Sureties and Insurers............................................................................................................10 Labor, Working Hours.............................................................................................................................14 5.03 Certificates of Insurance.........................................................................................................................10 Services, Materials, and Equipment....................................................................................................14 5.04 CONTRACTOR's Liability Insurance...................................................................................................10 Progress Schedule..................................................................................................................................14 5.05 OWNER's Liability Insurance................................................................................................................11 Substitutes and "Or-Equals"..................................................................................................................14 5.06 Property Insurance..................................................................................................................................11 Concerning Subcontractors, Suppliers, and Others.........................................................................16 5.07 Waiver of Rights.......................................................................................................................................12 Patent Fees and Royalties.....................................................................................................................16 5.08 Receipt and Application of Insurance Proceeds................................................................................13 Permits.......................................................................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace................................................................13 Laws and Regulations............................................................................................................................17 5.10 Partial Utilization, Acknowledgment of Property Insurer..................................................................13 Taxes.........................................................................................................................................................17 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..........................................................................................................13 6.01 Supervision and Superintendence.......................................................................................................13 6.02 Labor, Working Hours.............................................................................................................................14 6.03 Services, Materials, and Equipment....................................................................................................14 6.04 Progress Schedule..................................................................................................................................14 6.05 Substitutes and "Or-Equals"..................................................................................................................14 6.06 Concerning Subcontractors, Suppliers, and Others.........................................................................16 6.07 Patent Fees and Royalties.....................................................................................................................16 6.08 Permits.......................................................................................................................................................17 6.09 Laws and Regulations............................................................................................................................17 6.10 Taxes.........................................................................................................................................................17 General Conditions - 00700 - II F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 6.11 Use of Site and Other Areas..................................................................................................................17 6.12 Record Documents................................................................................................................................18 6.13 Safety and Protection..............................................................................................................................18 6.14 Safety Representative............................................................................................................................18 6.15 Hazard Communication Programs.......................................................................................................18 6.16 Emergencies.............................................................................................................................................18 6.17 Shop Drawings and Samples................................................................................................................19 6.18 Continuing the Work................................................................................................................................20 6.19 CONTRACTOR's General Warranty and Guarantee.......................................................................20 6.20 Indemnification.........................................................................................................................................20 ARTICLE 7 - OTHER WORK.....................................................................................................................................................21 7.01 Related Work at Site...............................................................................................................................21 7.02 Coordination.............................................................................................................................................21 ARTICLE 8 - OWNER'S RESPONSIBILITIES........................................................................................................................22 8.01 Communications to Contractor.............................................................................................................22 8.02 Replacement of ENGINEER.................................................................................................................22 8.03 Furnish Data.............................................................................................................................................22 8.04 Pay Promptly When Due........................................................................................................................22 8.05 Lands and Easements, Reports and Tests........................................................................................22 8.06 Insurance...................................................................................................................................................22 8.07 Change Orders.........................................................................................................................................22 8.08 Inspections, Tests, and Approvals.......................................................................................................22 8.09 Limitations on OWNER's Responsibilities..........................................................................................22 8.10 Undisclosed Hazardous Environmental Condition............................................................................22 8.11 Evidence of Financial Arrangements...................................................................................................22 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION....................................................................................22 9.01 OWNER'S Representative.....................................................................................................................22 9.02 Visits to Site..............................................................................................................................................22 9.03 Project Representative...........................................................................................................................23 9.04 Clarifications and Interpretations..........................................................................................................23 9.05 Authorized Variations in Work...............................................................................................................23 9.06 Rejecting Defective Work.......................................................................................................................23 9.07 Shop Drawings, Change Orders and Payments...............................................................................23 9.08 Determinations for Unit Price Work.....................................................................................................23 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work.........................23 9.10 Limitations on ENGINEER's Authority and Responsibilities...........................................................24 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS.............................................................................................................24 10.01 Authorized Changes in the Work..........................................................................................................24 10.02 Unauthorized Changes in the Work.....................................................................................................24 10.03 Execution of Change Orders.................................................................................................................24 10.04 Notification to Surety...............................................................................................................................25 10.05 Claims and Disputes...............................................................................................................................25 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK...................................................25 11.01 Cost of the Work......................................................................................................................................25 11.02 Cash Allowances.....................................................................................................................................27 11.03 Unit Price Work........................................................................................................................................27 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.................................................28 12.01 Change of Contract Price.......................................................................................................................28 12.02 Change of Contract Times.....................................................................................................................29 12.03 Delays Beyond CONTRACTOR's Control..........................................................................................29 12.04 Delays Within CONTRACTOR'S Control............................................................................................29 General Conditions - 00700 - III `:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 12.05 Delays Beyond OWNER's and CONTRACTOR's Control..............................................................29 12.06 Delay Damages.......................................................................................................................................29 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK...............................................................................................................................................29 15.01 13.01 Notice of Defects......................................................................................................................................29 15.02 13.02 Access to Work........................................................................................................................................29 15.03 13.03 Tests and Inspections.............................................................................................................................30 15.04 13.04 Uncovering Work.....................................................................................................................................30 13.05 OWNER May Stop the Work.................................................................................................................30 13.06 Correction or Removal of Defective Work..........................................................................................31 13.07 Correction Period.....................................................................................................................................31 13.08 Acceptance of Defective Work..............................................................................................................31 13.09 OWNER May Correct Defective Work.................................................................................................31 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................32 15.01 14.01 Schedule of Values.................................................................................................................................32 15.02 14.02 Progress Payments.................................................................................................................................32 15.03 14.03 CONTRACTOR's Warranty of Title......................................................................................................34 15.04 14.04 Substantial Completion...........................................................................................................................34 14.05 Partial Utilization......................................................................................................................................34 14.06 Final Inspection........................................................................................................................................35 14.07 Final Payment..........................................................................................................................................35 14.08 Final Completion Delayed......................................................................................................................35 14.09 Waiver of Claims......................................................................................................................................36 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................36 15.01 OWNER May Suspend Work................................................................................................................36 Giving Notice............................................................................................................................................37 15.02 OWNER May Terminate for Cause......................................................................................................36 Computation of Times.............................................................................................................................37 15.03 OWNER May Terminate For Convenience........................................................................................36 Cumulative Remedies.............................................................................................................................37 15.04 CONTRACTOR May Stop Work or Terminate ..................................................................................37 ARTICLE 16 - DISPUTE RESOLUTION..................................................................................................................................37 16.01 Methods and Procedures.......................................................................................................................37 ARTICLE17 - MISCELLANEOUS.............................................................................................................................................37 17.01 Giving Notice............................................................................................................................................37 17.02 Computation of Times.............................................................................................................................37 17.03 Cumulative Remedies.............................................................................................................................37 17.04 Survival of Obligations............................................................................................................................37 17.05 Controlling Law........................................................................................................................................38 General Conditions - 00700 - IV F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 -IRC -1 707.docx GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CON- TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition. 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other General Conditions - 00700 -1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 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. 20. ENGINEER's Consultant—An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard condi- tions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER General Conditions - 00700 - 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment --A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does General Conditions - 00700 - 3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for sub- mitting, reviewing, and processing such submittal; and General Conditions - 00700 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be accept- able to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, General Conditions - 00700 - 5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Docu- ments and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambigu- ity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amend- ment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (0) a Feld 0 Imo'; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such General Conditions - 00700 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx lands in accordance with applicable Laws and Regula- tions. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or General Conditions - 00700 - 7 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 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 Docu- ments to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Under- ground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such conse- quences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'sjudgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points General Conditions - 00700 - 8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 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 the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created General Conditions - 00700 - 9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin0id Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B 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. tG eaGh additinnol the S pplc 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be per- formed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; General Conditions - 00700 - 10 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Condi- tions, all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such addi- tional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance 5.06 Property Insurance 2. be wr+tteR o„ a _Rl::;der's Risk "all , isk° b6lilld;R96, false work, and a.Aterialsand — General Conditions - 00700 - 11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx D. OWNER shall not be responsible for purchas- ing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.07 Waiver of Rights AWN E R waives all rights against CONT-R8,GTOR, Sabeentrastefs, ENGINEER, General Conditions - 00700 - 12 F:\Public Works\ENGINEER ING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of General Conditions - 00700 - 13 F:\Public Works\ENGINEER ING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor,- Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or General Conditions - 00700 - 14 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial 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 Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to para- graphs 6.05.A and 6.05.13. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's ex- pense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement., ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.13 and in making changes in the Contract Documents (or in the General Conditions - 00700 - 15 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin0id Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so pro- posed or submitted by CONTRACTOR, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.6), whether initially or as a replacement, against whom OWNER may have reasonable objection. COW TRACTOR shall not be required to employ any Sub- contractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accor- dance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insur- ance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or General Conditions - 00700 - 16 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or General Conditions - 00700 - 17 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0_2 Section 700 IRC-1707.docx occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies General Conditions - 00700 - 18 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The General Conditions - 00700 - 19 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 0_2—Section 700 IRC-1707.docx 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. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any 2. normal wear and tear under normal negligent act or omission of CONTRACTOR, usage. any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the General Conditions - 00700 - 20 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CON- TRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and General Conditions - 00700 - 21 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and General Conditions - 00700 - 22 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 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, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable prompt- ness such written clarifications or interpretations of the requirements of the Contract Documents as ENGI- NEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compat- ible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. There R;ay be aGGOMPlished by a Field Grid-er and will be biRding an OWNER And alse toogree nn cntiticmcnt ton n the l.mn nt or e4ent if any, of any adjustment ir} the Cpptp;;Gt Prige op Gla'nqmay be made theFefei: as prov.ded 'R paragraph i9 QE 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determina- tions on such matters before rendering a written deci- sion thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRAC- TOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work General Conditions - 00700 - 23 F:\Publlc Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exer- cise such authority or responsibility or the undertaking, exercise, or performance of any authority or respon- sibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accor- dance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontrac- tor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibil- ity set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or General Conditions - 00700 - 24 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 _2_Section 700 IRC-1707.docx OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2, changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.6. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days afterthe date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.6, 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 General Conditions - 00700 - 25 `APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.6. 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 connec- tion therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and tempo- rary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. C. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any General Conditions - 00700 - 26 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.13. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.13, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work General Conditions - 00700 - 27 `APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 _2_Section 700 IRC-1707.docx A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.B.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 paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 1 1.01.A.4, 1 1.01.A.5, and 11.01.13; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net General Conditions - 00700 - 28 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amend- ment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGI- NEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWN- ER, independent testing laboratories, and govern- mental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. General Conditions - 00700 - 29 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 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. B. .,, employ and pay f9F the- - 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 withoutwritten concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work General Conditions - 00700 - 30 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 _2_Section 700 IRC-1707.docx 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period I_1 n+hors n n+her I;;nr+ OF Brox r of II+inn +horefrnm If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replace- ment (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. item of equipment 16nlaGed iRnn+in nn,� befGFe SubStaRtial Completion -of a;II the Work, the GlarreGtien peried- fe-F that item R;ay staFt te PI -In frown an 1n/ri++nn Amendment C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommen- dation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provi- sion of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, General Conditions - 00700 - 31 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53n1 St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 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 exten- sion of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents General Conditions - 00700 - 32 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 _2_Section 700 IRC-1707.docx (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically as- signed to ENGINEER in the Contract Docu- ments; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13.09; or d— ENGINEER hos aGt sol kRewle.dge of aced in paragraph 45.02.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 General Conditions - 00700 - 33 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER r siders the Work substantially GOM lete, ENGIN ER will prepare and .deliver to GIANER ;terns tebt-9 GGmpleted-)r GorreGted befeFe fin -al payment 01,A,a ER, shall have seven days after Pere' + of thA 0bj9Gtlan +a ENGINEER as +a aRY sans Of the objesKans ENGINEER ^ RGlu de that the Wark 's + �hstan+ially GGFnnle+e-ENGIAIEFER Will ��'th'n 1A rl vs - - in 1 , days- afters hmissinn of +he UnintAfivprertif'r a+e +A 01AINER therefor. If, after Gensidel;atie.nr—sf /nlFER's ehie^+ians ENIGINIFEER rnns'rdem the Work ..,,hstan tially GGIMPlete,, ENGINEER ,.;u Wthin raid 14 days revised tentative list of items +a be ^ I + ra GGrreGterd) refler+in^ s IGh Ghannes from the tentative 6ertlfi6ate ENGINEER believes justified aft r Gonsidnratiern sf snob}estiens frern 9WN€;e R. At +� time of deliveFy of the to +a+ : e rort ffnate ff Substa+ +' I+' I ('amnle+inn ENGINEER ..ill deliver +e OWNER and dig of 'hili+' di f' I + �. �.,,.,.� � v r evponi�iv�'rsiev�i^c-inirn�-rrrtar-pay-n�cns B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following condi- tions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially com- plete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Com- pletion of that part of the Work and the division General Conditions - 00700 - 34 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.13.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's obser- vation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. General Conditions - 00700 - 35 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. C;ORtr.aGt Pr,ce of aR e)denc'on of the ('ontFaGt T'mc paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Con- tract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; General Conditions - 00700 - 36 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termina- tion. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, n -F CANNER fails for 30 days to pay CON TRACTOR RRY surn finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, sr OWNER has failed for 20 days to pay GONTRAG-TOR any ^, fiRally doter. ^ed tebe au e due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract General Conditions - 00700 - 37 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. General Conditions - 00700 - 38 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 2 Section 700 IRC-1707.docx SECTION 00800 - SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS Table Of Content Article Title Page Number SECTION 00800 - SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS ......................... 1 TableOf Content.......................................................................................................................... 1 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS .................... 2 SC -1.00 Introduction..........................................................................................................................2 SC -1.01 Defined Terms.......................................................................................................................2 SC -1.02 Terminology..........................................................................................................................2 SC -2.05 Before Starting Construction................................................................................................2 SC -2.06 Preconstruction Conference.................................................................................................2 SC -3.06 Coordination of Plans, Specifications, and Special Provisions..............................................3 SC -4.02 Subsurface and Physical Conditions......................................................................................4 SC -5.01 Performance, Payment and Other Bonds.............................................................................4 SC -5.03 Certificates of Insurance.......................................................................................................4 SC -5.04 CONTRACTOR's Liability Insurance.......................................................................................4 SC -5.05 OWNER's Liability Insurance.................................................................................................5 SC -5.06 Property Insurance................................................................................................................5 SC -5.07 Waiver of Rights....................................................................................................................6 SC -5.08 Receipt and Application of Insurance Proceeds...................................................................6 SC -5.09 Acceptance of Bonds and Insurance; Option to Replace......................................................6 SC -6.02 Labor; Working Hours...........................................................................................................6 SC -6.06 Concerning Subcontractors, Suppliers, and Others..............................................................6 SC -6.08 Permits..................................................................................................................................6 SC -9.05 Authorized Variations in Work..............................................................................................7 SC -11.01 Cost of the Work............................................................................................................... 7 SC -13.03 Test and Inspections.........................................................................................................7 SC -13.05 OWNER May Stop the Work.............................................................................................7 SC -13.07 Correction Period..............................................................................................................8 SC -14.02 Progress Payments............................................................................................................8 SC -14.04 Substantial Completion.....................................................................................................9 SC -14.07 Final Payment....................................................................................................................9 SC -15.01 OWNER May Suspend Work.............................................................................................9 SC -15.02 OWNER May Terminate For Cause.................................................................................10 SC -15.04 CONTRACTOR May Stop Work or Terminate..................................................................10 SC -16 Dispute Resolution..............................................................................................................11 SC -16.02 Mediation........................................................................................................................11 SC -17 Miscellaneous.....................................................................................................................11 SC -17.06 Liens................................................................................................................................11 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +++ Supplementary Conditions - 00800-1 FiPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 -3 -section 800 IRC-1707.docx IRC -1707 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -1.01 Defined Terms SC -1.01.A.20 Add the following language to the end of GC 1.01.A.20. ENGINEERS's Consultant: N/A 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: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, Supplementary Conditions - 00800-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 03 Section 800 IRC-1707.docx IRC -1707 the Project Manager will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.13, procedures for handling Shop Drawings and other submittals, and maintaining required records. Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. B. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rates tables adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work Per Diem Actual but not to exceed State of Florida's rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). SC -3.06 Coordination of Plans, Specifications, and Special Provisions SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.05: SC -3.06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows: 1. Written Interpretations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions Supplementary Conditions - 00800-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid DOCUments\DIV 0-3—section 800 IRC-1707.docx IRC -1707 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: None SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 200016th Avenue, Vero Beach, Florida 32960. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: Supplementary Conditions - 00800-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-3—section 800 IRC-1707.docx IRC -1707 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 and other vehicles b. Hired Autos and other vehicles C. Non -Owned Autos and other vehicles 4. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability and Auto Liability. C. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have Best's Rating of A -VII or better. h. All insurance requirements shall be at the Contractor's sole cost and expense, including any deductible or self-insured retention, without contribution from Indian River County or its insurance carriers. D. Additional Insureds: 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. The City of Vero Beach E. Contractor shall be responsible for any deductible or self-insured retention. 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 Property Insurance in its entirety. Supplementary Conditions - 00800-5 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 3 Section 800 IRC-1707.docx IRC -1707 SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, B, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and B) in its entirety. SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC-5.09(parograph A)in its entirety. SC -6.02 Labor; Working Hours SC -6.02.13. Add the following paragraphs immediately after paragraph GC -6.02. B: 1. Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06.C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: The OWNER has obtained the following permits (copies of these permits are contained in Appendix A): No Permits Required Supplementary Conditions - 00800-6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 3 Section 800 IRC-1707.docx IRC -1707 2. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -9.05 Authorized Variations in Work SC -9.05.A. Delete the second sentence in paragraph GC -9.05.A in its entirety. SC -11.01 Cost of the Work SC -11.01.A.1. Delete paragraph GC -11.01.A.1 in its entirety, and insert the following sentences in its place: CONTRACTOR will receive payment for actual costs of direct labor and burden (see SC - 2.06.13) for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager's position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. SC -13.03 Test and Inspections SC -13.03.13. Delete paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.13; tests otherwise specifically provided in the Contract Documents. SC -13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place: Supplementary Conditions - 00800-7 FAPublic Works\ENGINEER ING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-3—Section 800 IRC-1707.docx IRC -1707 A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CON- TRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC -13.07 Correction Period SC -13.07A. Delete the first sentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC -13.07 B. Delete paragraph GC -13.07.E in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC -14.02 Progress Payments SC -14.02.6.5. Delete paragraph GC -14.02. B.5. din its entirety and insert the following paragraph in its place: ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC -14.02.6.5. Add the following sentences at the end of paragraph GC -14.02.B.5: e. OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1. Delete paragraph GC -14.02.0.1 in its entirety and insert the following paragraph in its place: Supplementary Conditions - 00800-8 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 3 Section 800 IRC-1707.docx IRC -1707 C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. SC -14.04 Substantial Completion SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.048 Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees SC -14.07 Final Payment SC -14.07.C.1. Delete paragraph GC -14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the "Local Government Prompt Payment Act" , Florida Statutes section 218.70, et. seq. SC -15.01 OWNER May Suspend Work SC -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: Supplementary Conditions - 00800-9 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0-3—section 800 IRC-1707.docx IRC -1707 CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC - 15.02.A.4: 5. CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. 7. CONTRACTOR certifies that it and its related entities as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and its related entities as defined above by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. SC -15.04 CONTRACTOR May Stop Work or Terminate SC -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: GIF /l\A/AICD fade fE)F 30 . ayS tel pay CONTRACTOR a m fiRally Ante.-.v.iRed t.. be d i SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: Supplementary Conditions - 00800-10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 0-3—Section 800 IRC-1707.docx IRC -1707 SC -16 Dispute Resolution SC -16.02 Mediation SC -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County unless delay in initiating mediation would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC -17 Miscellaneous SC -17.06 Liens Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens maybe filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub -subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ Supplementary Conditions - 00800-11 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 0 3 Section 800 IRC-1707.docx IRC -1707 SECTION 00942 - Change Order Form No. DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Project: INDIAN RIVER BOULEVARD RESURFACING FROM 53rd STREET TO THE MERRILL BARBER BRIDGE OWNER's Project No. IRC -1707 OWNER'S Bid No. 2022046 FM No.: 441919-1-54-01 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 CONTRACTTIMES 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) APP By: OWNER (Signature) Date: Change Order Form — 00942 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 4 Forms IRC-1707.docx DATE OF ISSUANCE: OWNER: CONTRACTOR Project: OWNER's Project No FM No.: SECTION 00948 - Work Change Directive EFFECTIVE DATE: Indian River County IRC -1707 No. INDIAN RIVER BOULEVARD RESURFACING FROM 53`d STREET TO THE MERRILL BARBER BRIDGE IRC -1707 OWNER'S Bid No. 2022046 441919-1-54-01 You are directed to proceed promptly with the following changes: Description: Reason for Change Order: Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices Unit Prices ❑ Lump Sum ❑ Other: By Change Order: Method of determining change in Contract Times II Contractor's Records II Engineer's Records II Other: II By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive $ Substantial Completion: days; Ready for Final Completion: days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: By: CONTRACTOR (Signature) Date: RECOMMENDED: By: ENGINEER (Signature) Date: ** END OF SECTION** APPROVED: By: OWNER (Signature) Date: Work Change Directive — 00948 FAPublic Works\ENGINEER ING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 0 4 Forms IRC-1707.docx Division 1— General Requirements, IRC -1707 DIVISION 1- GENERAL REQUIREMENTS DIVISION 1- GENERAL REQUIREMENTS SECTION 01009 - SPECIAL PROVISIONS SECTION 01024 - FORCE ACCOUNT SECTION 01050 - FIELD ENGINEERING AND LAYOUT SECTION 01091 - REFERENCE STANDARDS SECTION 01215 - GENERAL QUALITY CONTROL SECTION 01220 - PROGRESS MEETINGS SECTION 01310 - CONSTRUCTION SCHEDULES SECTION 01340 - SUBMITTAL OF SHOP DRAWINGS SECTION 01520 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SECTION 01541 - PROTECTION OF THE WORK AND PROPERTY SECTION 01550 - ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS SECTION 01610 - TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT SECTION 01611 - STORAGE OF MATERIAL AND EQUIPMENT SECTION 01630 - SUBSTITUTIONS SECTION 01710 - SITE CLEANUP AND RESTORATION SECTION 01820 - POST FINAL INSPECTION F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 -GENERAL REQUIREMENTS - IRC-1707.docx Division 1—General Requirements, IRC -1707 SECTION 01009 - SPECIAL PROVISIONS 1 1 (;FNFRAI A. Visits to the construction site may be made by representatives of permitting or governing bodies. Submit details of all instructions from the above to the ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction. B. Furnish sufficient labor, construction equipment and materials, and work such hours, including night shifts and overtime operations, as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule. If, in the opinion of the ENGINEER, the CONTRACTOR falls behind the progress schedule, take such steps as may be necessary to improve progress, all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions, SC -6.02. C. All salvageable material and equipment for which specific use, relocation or other disposal is not specifically noted, shall remain the property of the OWNER and shall be delivered to the OWNER at the following location: 4550 411t Street, at the CONTRACTOR's expense. All material and equipment not in salvageable condition, as determined by the ENGINEER and the OWNER, shall be disposed of by the CONTRACTOR, at the CONTRACTOR's expense. D. In addition to these Specifications all work must comply with the requirements of the local governing agency, St. Johns River Water Management District, Department of Environmental Protection, Army Corps of Engineers, Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits. In the event of a conflict, the more stringent specification or requirement shall govern. E. Before performing any work outside the designated limits of the work site, secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained. Follow all requirements of any said permits or authorization. Give the ENGINEER and appropriate owner ten (10) days minimum notice before commencing construction operations outside the designated limits of the work site. + + END OF SECTION + + Special Provisions - 01009-1 F1Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01024 - FORCE ACCOUNT 1.1 GENERAL A. CONTRACTOR shall furnish all labor, materials, equipment and incidentals necessary to perform additional work not covered on the Contract Drawings. The force Account is intended as a contingency for unforeseen work. 1.2 PAYMENT A. Lump sum amount for force account work is included in the bid schedule. The value of force account work will be determined in accordance with Article 12 of the General Conditions. + + END OF SECTION + + Force Account - 01024-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01050 - FIELD ENGINEERING AND LAYOUT 1.1 GENERAL A. The CONTRACTOR will furnish all construction staking for the project. All staking from control will be under the supervision of a Florida Registered Land Surveyor. B. Develop and make all detail surveys and measurements needed for construction including but not limited to, slope stakes, batter boards, piling layouts and all other working lines, elevations and cut sheets. C. Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D. Provide all material required for benchmarks, control points, batter boards, grade stakes, and other items. E. Be solely responsible for all locations, dimensions and levels. No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings. F. Safeguard all points, stakes, grademarks, monuments and benchmarks made or established on the Work, and reestablish same, if disturbed. Rectify all Work improperly installed because of not maintaining, not protecting or removing without authorization such established points, stakes, marks and monuments. G. When requested by the ENGINEER, provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by the CONTRACTOR. Do no excavation or embankment work until all cross -sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. H. The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental. No separate payment will be made for surveying or engineering. 1.2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR A. Prior to commencing work, the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents. Immediately notify the ENGINEER upon discovery of any errors, inaccuracies or omissions in the survey data. The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate, without any reasonably inferable errors, inaccuracies or omissions. Field Engineering and Layout - 01050-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV1 GENERAL REQUIREMENTS -IRC-1707.docx Division 1— General Requirements, IRC -1707 B. The CONTRACTOR shall carefully preserve all control stakes, benchmarks, reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance. If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time. Control stakes, benchmarks, reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Surveyor and Mapper, at the CONTRACTOR's expense. In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. C. All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D. All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1.3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet. 1.4 LAYOUT OF STRIPING A. Establish by instrument, and mark the finished surface, the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications. + + END OF SECTION + + Field Engineering and Layout - 01050-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Adm1n\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01091- REFERENCE STANDARDS 1.1 GENERAL A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society, organization or body, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the date of advertisement for bids, unless noted otherwise in the Technical Specifications or on the Drawings. When a reference standard is specified, comply with requirements and recommendations stated in that standard, except when they are modified by the Contract Documents, or when applicable laws, ordinances, rules, regulations or codes establish stricter standards. The list of specifications presented in Paragraph B is hereby made a part of the Contract, the same as if repeated herein in full. B. Reference to a technical society, organization, or body may be made in the Specifications by abbreviations, in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED.SPEC. Federal Specifications CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection DNR Department of Natural Resources NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association NEC National Electric Code NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration Reference Standards - 01091-1 I'APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 PCI Prestressed Concrete Institute FDOT/DOT Florida Department of Transportation U. L., Inc. Underwriter's Laboratories, Inc. SSPC Steel Structures Painting Council SJRWMD St. Johns River Water Management District C. When no reference is made to a code, standard or specification, the standard specifications of ASTM, FDOT, or ANSI shall govern. D. In the event of a conflict between the specifications prepared by the ENGINEER and the above referenced specifications and standards, or any other regulatory specification or standard, the more stringent requirement prevails. + + END OF SECTION + + Reference Standards - 01091-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01215 - GENERAL QUALITY CONTROL 1.1 DESCRIPTION OF REQUIREMENTS A. Definitions: Specific quality control requirements for the work are indicated throughout the Contract Documents. The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products. The term "Quality Control" includes, but is not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance. 1.2 RESPONSIBILITY FOR INSPECTIONS AND TESTS A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests. B. CONTRACTORS General Responsibility: No failure of test agencies, whether engaged by the OWNER or CONTRACTOR, to perform adequate inspections of tests or to properly analyze or report results, shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents. It is recognized that the required inspection and testing program is intended to assist the CONTRACTOR, OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended to limit the CONTRACTOR in his regular quality control program, as needed for general assurance of compliance. 1.3 QUALITY ASSURANCE A. General Workmanship Standards: It is a requirement that each category of tradesman or installer performing the work be pre -qualified, to the extent of being familiar with the applicable and recognized quality standards for his category of work, and being capable of workmanship complying with those standards. 1.4 PRODUCT DELIVERY -STORAGE -HANDLING Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses (and resulting delays), thereby ensuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation. General Quality Control - 01215-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 1.5 PROJECT PHOTOGRAPHS/VIDEOS A. The CONTRACTOR shall make provisions, at his expense, for photographs and video tapes of all work areas just prior to construction, and for unusual conditions during construction. The photographs and videos shall show pertinent physical features along the line of construction. The purpose of the videos is to determine any damage to private or public property during construction. The video must be performed by a professional videographer. B. Pre -Construction Photographs and Video: 1. Contractor shall provide the Owner with photographs and video record and one copy of the existing conditions prior to construction. These photographs and videos shall be a standard DVD format and shall be narrated. 2. The photographs and video shall include, but not be limited to, the following items shown in a clear manner: 1) All existing features within the right-of-way. 2) All existing features within the temporary construction easement. 3) All existing features within permanent easements. 4) All existing features adjacent to any construction. 3. Detail of the photographs and video shall be such that the following examples shall be clear and visible: 1) Cracks in walls. 2) Condition of fencing. 3) Condition of planted areas and types of vegetation. 4) Condition of sodded areas. 5) Conditions of sprinkler systems and associated controls and wiring. 6) Condition of signs. 7) Conditions of lighting and associated wiring. 8) Significant detail of any pre-existing damages physical features shall be shown. The coverage of the photographs and video should include the limits of effects of the use of vibratory rollers. 9) These photographs and video record shall be presented and approved by the Owner prior to the Notice to Proceed. A copy shall be kept in the Contractor's field office. 10) Payment — No additional payment will be made for this work. ++ END OF SECTION ++ General Quality Control - 01215-2 F:\PublicWorkskENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01220 - PROGRESS MEETINGS 1 1 CrnpF A. Date and Time: 1. Regular Meetings: As mutually agreed upon by ENGINEER and CONTRACTOR. 2. Other Meetings: On call. B. Place: CONTRACTOR'S office at Project site or other mutually agreed upon location. C. ENGINEER shall prepare agenda, preside at meetings, and prepare and distribute a transcript of proceedings to all parties. D. CONTRACTOR shall provide data required and be prepared to discuss all items on agenda. 1.2 MINIMUM ATTENDANCE A. CONTRACTOR B. SUBCONTRACTOR: When needed for the discussion of a particular agenda item, CONTRACTOR shall require representatives of Subcontractors or suppliers to attend a meeting. C. CONSTRUCTION COORDINATION MANAGER D. OWNER'S representative, if required. E. Utility Representatives F. Others as appropriate. G. Representatives present for each party shall be authorized to act on their behalf. 1.3 AGENDA Agenda will include, but will not necessarily be limited to, the following: 1. Transcript of previous meeting. 2. Progress since last meeting. 3. Planned progress for next period. 4. Problems, conflicts and observations. 5. Change Orders. 6. Status of Shop Drawings. 7. Quality standards and control. 8. Schedules, including off-site fabrication and delivery schedules. Corrective measures, if required. 9. Coordination between parties. 10. Safety concerns. 11. Other business. + + END OF SECTION + + Progress Meetings - 01220-1 'APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01310 - CONSTRUCTION SCHEDULES 1.1 GENERAL REQUIREMENTS A. No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand. B. Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports. This representative shall have direct project control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules. 1.2 REVISIONS TO THE CONSTRUCTION SCHEDULES When the ENGINEER requires the CONTRACTOR to submit revised (updated) progress schedules on a monthly basis the CONTRACTOR shall: A. Indicate the progress of each activity to the date of submission. B. Show changes occurring since the previous submission listing: 1. Major changes in scope. 2. Activities modified since the previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended and its effect. 3. The effect of changes on schedules of other prime contractors. 1.3 SUBMISSION OF THE CONSTRUCTION SCHEDULES On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER. The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, submit revised monthly progress schedules with that month's application for payment. Construction Schedules - 01310-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 .4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES A. After receiving approval by the ENGINEER, distribute copies of the approved initial schedule and all reviewed revisions (updated) to: 1. Job site file. 2. Subcontractors. 3. Other concerned parties. 4. OWNER (two copies). 5. ENGINEER B. In the cover letter, instruct recipients to report promptly to the CONTRACTOR, in writing, any problems anticipated by the projections shown in the schedules. ++ END OF SECTION ++ Construction Schedules - 01310-2 `APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1—General Requirements, IRC -1707 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. PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and manufacturer's catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Product data are further defined in Article 6.17, Section 00700. B. Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information applicable to the project. C. Clearly mark catalog sheets, brochures, etc., to identify pertinent materials, products, or models. 1.4 SAMPLES A. Samples are physical examples to illustrate materials, equipment, or workmanship and to establish standards by which work is to be evaluated. Samples are further defined in Article 6.17, Section 00700. Submittal of Shop Drawings - 01340-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SC0P)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 1.5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. The CONTRACTOR's responsibilities for submittal of shop drawings, product data, and samples are set forth in paragraph 6.17 of the General Conditions and as further explained herein. B. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents, verify all dimensions and field conditions, and coordinate the shop drawings with the requirements for other related work. Also review each shop drawing before submitting it to the ENGINEER to determine that it is acceptable in terms of the means, methods, techniques, sequences and operations of construction, safety precautions and programs incidental thereto, all of which are the CONTRACTOR's responsibility. 1. It is CONTRACTOR'S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment for ENGINEER to determine compliance with the Contract Documents. 2. Incomplete or inadequate submittals will be returned for revision without review. C. The CONTRACTOR's responsibility for errors and omissions in submittals is not relieved by the ENGINEER's review of submittals. The CONTRACTOR shall approve the shop drawings based on his in -the -field measurements, prior to submittal to the ENGINEER for his review. D. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the requirements of the Contract Documents. The CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals, unless the ENGINEER gives written acceptance of specific deviations. E. Begin no work, which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed. Submittal of Shop Drawings - 01340-2 FAPublic Works\ENGINEER ING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 1.6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES A. Submit to: Indian River County Engineering Division 1801 27th Street Vero Beach, FL 32960 B. A letter of transmittal shall accompany each submittal. If data for more than one Section of the Specifications is submitted, a separate transmittal letter shall accompany the data submitted for each Section. C. At the beginning of each letter of transmittal, provide a reference heading indicating the following: 1. OWNER'S Name 2. Project Name 3. Project Number 4. Transmittal Number 5. Section Number D. All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER. The following is a sample Submittal Form that the CONTRACTOR may use: [The remainder of this page has been left blank intentionally] Submittal of Shop Drawings - 01340-3 I'APublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County No. Copies Sent to County ❑ Original Submittal ❑ Re -Submittal Project Name: INDIAN RIVER BOULEVARD RESURFACING FROM 53rd STREET TO THE MERRILL BARBER BRIDGE Project No.: IRC -1707 ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description: Sub -Contractor: Remarks: ********************************************************** Reviewing Agency: (As checked below) Date Received Date Returned No. Copies Ret'd ❑ I R C Engineering Div. ❑ I R C Utilities Services Remarks: IRC Engineering Division Date Rec'd from Contractor Date Ret'd to Contractor 180127 th Street No. Copies Ret'd Vero Beach, FI. 32960 Remarks: Distribution of Copies: IRC Engineering Division Office File Field Office File All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR. Submittals without this Submittal of Shop Drawings - 01340-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 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 1. If a submittal is acceptable, it will be marked "Approved" or "Approved as Noted". One (1) electronic copy of the submittal will be returned to CONTRACTOR. Upon return of a submittal marked "Approved" or "Approved as Noted", CONTRACTOR may order, ship or fabricate the materials included on the submittal, provided it is in accordance with the corrections indicated. K. If a submittal is unacceptable, one (1) copy will be returned to CONTRACTOR with following notation, "NOT Approved - Resubmit". L. Upon return of a submittal marked "NOT Approved - Resubmit", make the corrections indicated and repeat the initial approval procedure. Upon return of a submittal so marked, repeat the initial approval procedure utilizing acceptable material or equipment. M. Work shall not be performed nor equipment installed without an ENGINEER "Approved" or "Approved as Noted" Shop Drawing. N. Submit Shop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved. CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings. Materials or equipment requiring Shop Drawings which have not yet received approval by the ENGINEER shall not be installed on the project. Materials or equipment will not be included in periodic progress payments until approval thereof has been obtained in the specified manner. Submittal of Shop Drawings - 01340-5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1—General Requirements, IRC -1707 P. ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this, for the Shop Drawings being revised and resubmitted, and for time required to return the approved Shop Drawings to CONTRACTOR. Q. Furnish required submittals with complete information and accuracy in order to achieve required approval of an item within three submittals. All costs to ENGINEER involved with subsequent submittals of Shop Drawings, Samples or other items requiring approval, will be back -charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions. If the CONTRACTOR requests a substitution for a previously approved item, all of ENGINEER'S costs in the reviewing and approval of the substitution will be back - charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + Submittal of Shop Drawings - 01340-6 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1—General Requirements, IRC -1707 SECTION 01520 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1.1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications. 1.2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a safe and useful condition until removed from the construction site. B. All false work, scaffolding, ladders, hoistways, braces, pumps, roadways, sheeting, forms, barricades, drains, flumes, and the like, any of which may be needed in construction of any part of the work and which are not herein described or specified in detail, must be furnished, maintained and removed by the CONTRACTOR, who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction, maintenance or operation. C. In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists, cranes, temporary structures or work and for any damage which may result from their failure or their improper construction, maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims, suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision. 1.3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1. Provide a temporary water service as required for all construction purposes and pay for all water used. 2. Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job. 3. Provide all temporary piping, hoses, etc., required to transport water to the point of usage by all trades. 4. When temporary water service is no longer required, remove all temporary water lines. Construction Facilities and Temporary Controls - 01520-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV1 GENERAL REQUIREMENTS -IRC-1707.docx Division 1— General Requirements, IRC -1707 B. TEMPORARY SANITARY FACILITIES 1. Provide temporary toilet facilities separate from the job office. Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job. Provide enough chemical toilets to conveniently serve the needs of all personnel. Properly seclude toilet facilities from public observation. 2. Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances. Immediately correct any facilities or maintenance methods failing to meet these requirements. Upon completion of work, remove the facilities from the premises. 1.4 SECURITY Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take whatever measures are necessary to protect the safety of the public, workmen, and materials, and provide for the security of the site, both day and night. 1.5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways. 1.6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities, services, and controls and legally dispose of them as soon as the work is complete. The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. + + END OF SECTION + + Construction Facilities and Temporary Controls - 01520-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV1 GENERAL REQUIREMENTS -IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01541- PROTECTION OF THE WORK AND PROPERTY 1.1 GENERAL A. CONTRACTOR shall be responsible for taking all precautions, providing all programs, and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein. B. In order to prevent damage, injury or loss, CONTRACTOR'S actions shall include, but not be limited to, the following: 1. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2. Provide suitable storage facilities for all materials, which are subject to injury by exposure to weather, theft, breakage, or otherwise. 3. Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4. Clean up frequently all refuse, rubbish, scrap materials, and debris caused by construction operations, so that at all times, the site of the Work presents a safe, orderly, and workmanlike appearance. 5. Provide barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways and other hazardous areas. C. Except after written consent from proper parties, do not enter or occupy privately -owned land with men, tools, materials or equipment, except on easements provided herein. D. Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect or misconduct in the execution of the Work by the CONTRACTOR, it shall be restored by the CONTRACTOR, at its expense, to a condition equal to or better than that existing before the damage was done. 1.2 BARRICADES AND WARNING SIGNALS CONTRACTOR's responsibility for the maintenance of barricades, signs, lights, and for providing watchmen shall continue until OWNER accepts the Project. 1.3 TREE AND PLANT PROTECTION A. Protect existing trees, shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting, breaking or skinning of trunk, branches, bark or roots. Protection of the Work and Property - 01541-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 B. Do not store or park materials or equipment within the drip line of trees that are to remain. C. Install temporary fences or barricades to protect trees and plants in areas subject to traffic. D. Fires shall not be permitted under or adjacent to trees and plants. E. Within the limits of the Work, water trees and plants that are to remain, in order to maintain their health during construction operations. F. Cover all exposed roots with burlap and keep it continuously wet. Cover all exposed roots with earth as soon as possible. Protect root systems from mechanical damage and damage by erosion, flooding, run-off or noxious materials in solution. G. If branches or trunks are damaged, prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use. H. Remove all damaged trees and plants that die or suffer permanent injury and replace them with a specimen of equal or better quality. Coordinate Work in this Section with requirements of other sections herein. 1.4 PROTECTION OF IRRIGATION The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements, which could be damaged by construction activities. The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2) days. Irrigation systems partially within the right-of-way and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of the right-of-way. 1.5 PROTECTION OF EXISTING STRUCTURES A. Underground Structures: 1. Underground structures are defined to include, but not be limited to, all sewer, water, gas, and other piping, and manholes, chambers, electrical conduits, tunnels and other existing subsurface work located within or adjacent to the limits of the Work. 2. All underground structures known to ENGINEER except service connections for water, sewer, electric, and telephone are shown. This information is shown for the assistance of CONTRACTOR in accordance with the best information available, but is not guaranteed to be correct or complete. The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been Protection of the Work and Property - 01541-2 FAPublic Works\ENGINEER] NG DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 independently verified by the OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate. The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages, which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities. The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures, nor for temporary bracing and shoring of same. If it is necessary to shore, brace, or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work. 3. Contact the various utility companies which may have buried or aerial utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction. 4. Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services. Whenever such interruption is necessary for completion of the work, notify the ENGINEER and the appropriate utility at least 48 hours in advance. Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance, interruption, and restoration in the appropriate line item in the Contract. 5. Where it is necessary to temporarily interrupt house or business services, the CONTRACTOR shall notify the owner or occupant, both before the interruption (24- hour minimum), and again immediately before service is resumed. Before disconnecting and pipes or cables, the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 6. Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of the services which such structures provide. If CONTRACTOR damages an underground structure, restore it to original condition at CONTRACTOR's expense. 7. Necessary changes in the location of the Work may be made by ENGINEER, to avoid unanticipated underground structures. 8. If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents, ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions. Protection of the Work and Property - 01541-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin0id Documents\Bid Documents\DIV 1 -GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 B. Surface Structures: 1. Surface structures are defined as structures or facilities above the ground surface. Included with such structures are their foundations and any extension below the surface. Surface structures include, but are not limited to, buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks and all other facilities that are visible above the ground surface. C. Protection of Underground and Surface Structures: 1. Sustain in their places and protect from direct or indirect injury, all underground and surface structures located within or adjacent to the limits of the Work. Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure. Before proceeding with the work of sustaining and supporting such structure, satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same. 2. Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work. CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure. CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure. D. All other existing surface facilities, including but not limited to, guard rails, posts, guard cables, signs, poles, markers, and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense. 1.6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. B. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the Engineer. This information is not guaranteed, however, and it shall be this CONTRACTOR's responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies, by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. Protection of the Work and Property - 01541-4 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 1.7 ADJUSTMENTS OF UTILITY CASTINGS, COVERS AND BOXES A. All existing utility castings, including valve boxes, junction boxes, manholes, pull boxes, inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work. B. The CONTRACTOR shall coordinate the utilities to ensure proper construction sequencing. CONTRACTOR shall make available survey reference markers to the various utility companies. ++ END OF SECTION ++ Protection of the Work and Property - 01541-5 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01550 - ACCESS ROADS, PARKING AREAS AND USE OF PUBLIC STREETS 1.1 GENERAL A. Provide all temporary construction roads, walks and parking areas required during construction and for use of emergency vehicles. Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions. B. Prevent interference with traffic and the OWNER's operations on existing roads. Indemnify and save harmless the OWNER from any expenses caused by CONTRACTOR's operations over these roads. C. Roadways damaged by CONTRACTOR shall be restored to their original condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER. D. Remove temporary roads, walks and parking areas prior to final acceptance and return the ground to its original condition, unless otherwise required by the Contract Docu- ments. 1.2 USE OF PUBLIC STREETS The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR and the streets cleaned to the satisfaction of the Owner. 1.3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction, the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project. Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations, prior to final payment. B. All trucks carrying earth shall be covered while moving with an appropriate tarpaulin. Should trucks hauling earth fail to cover their loads, the CONTRACTOR will be given two (2) written warnings, after which the CONTRACTOR shall pay a fine of $50 per uncovered truck to the Owner when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR. C. All trucks/moving equipment shall have backup warning horns in proper working order while on the job site. + + END OF SECTION + + Access Roads, Parking Areas and use of Public Streets - 01550-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1_GENERAL REQUIREMENTS- IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01610 - TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT i�irdya�y 7_u 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 7 r1F1 I\/PPV A. Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation. B. Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following: 1. Work of other contractors, or OWNER. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. OWNER'S use of premises. C. Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D. Do not have products delivered to site until required storage facilities have been provided. E. Have products delivered to site in manufacturer's original, unopened, labeled containers. Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. F. Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment, to permit easy accumulation of parts, and to facilitate assembly. G. Immediately on delivery, Contractor shall inspect shipment to assure: 1. Product complies with requirements of Contract Documents and reviewed submittals. 2. Quantities are correct. 3. Containers and packages are intact, labels are legible. 4. Products are properly protected and undamaged. Transportation and Handling of Materials and Equipment - 01610-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 FIM2922639 0/_LL1�I►[e7 A. Provide equipment and personnel necessary to handle products, including those provided by OWNER, by methods to prevent soiling or damage to products or packaging. B. Provide additional protection during handling as necessary to prevent scraping, marring or otherwise damaging products or surrounding surfaces. C. Handle products by methods to prevent bending or overstressing. D. Lift heavy components only at designated lifting points. E. Materials and equipment shall at all times be handled in a safe manner and as recommended by manufacturer or supplier so that no damage will occur to them. Do not drop, roll or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. + + END OF SECTION + + Transportation and Handling of Materials and Equipment - 01610-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1—General Requirements, IRC -1707 SECTION 01611- STORAGE OF MATERIAL AND EQUIPMENT 1.1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications. B. Make all arrangements and provisions necessary for the storage of materials and equipment. Place all excavated materials, construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities, and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. Arrange storage in a manner to provide easy access for inspection. C. Areas available on the construction site for storage of material and equipment shall be as shown or approved by the ENGINEER. D. Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work, including proper protection against damage by extreme temperatures and moisture. E. Do not use lawns, grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises. F. CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G. Do not open manufacturers containers until time of installation unless recommended by the manufacturer or otherwise specified. H. When appropriate store materials on wood blocking so there is no contact with the ground. ++ END OF SECTION ++ Storage of Material and Equipment - 01611-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01630 - SUBSTITUTIONS 1.1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6.05, "Substitutes and Or -Equals," of the General Conditions, and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents. 1.2 CONTRACTOR'S OPTIONS A. For materials or equipment (hereinafter products) specified only by reference standard, select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer). To the maximum extent possible, provide products of the same generic kind from a single source. B. For products specified by naming several products or manufacturers, select any one of the products or manufacturers named which complies with Specifications. C. For products specified by naming one or more products or manufacturers and stating "or equivalent," submit a request for a substitution for any product or manufacturer which is not specifically named. D. For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted, there is no option and no substitution will be allowed. E. Where more than one choice is available as a CONTRACTOR's option, select product which is compatible with other products already selected or specified. 1.3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time, ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufac- turers, and construction methods (if specified). 1. After end of specified period, requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR. B. Submit 5 copies of Request for Substitution. Submit a separate request for each substitution. In addition to requirements set forth in Article 6.05 of General Conditions, include in the request the following: 1. For products or manufacturers: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. C. Samples, if appropriate. Substitutions - 01630-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1—GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 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. 4. If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5. Engineer may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. Substitutions - 01630-2 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 H. Any redesign of structural members shall be performed by, and the plans signed and sealed by, a Professional Engineer registered in the State of Florida. The redesign shall be at the CONTRACTOR's expense. Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. Engineer will be allowed a reasonable time within which to evaluate each proposed substitution. Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution. The CONTRACTOR shall not order, install, or utilize any substitution without either an executed Change Order or Engineer's notation on the reviewed shop drawing. Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special manufacturer's performance guarantee(s) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is used, CONTRACTOR shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. Substitute materials or equipment may be proposed for acceptance in accordance with this Section. In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions. This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment. + + END OF SECTION + + Substitutions - 01630-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01710 - SITE CLEANUP AND RESTORATION 1.1 SCOPE Furnish all labor, equipment, appliances, and materials required or necessary to clean up and restore the site after the construction is completed. 1.2 REQUIREMENTS A. During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition. Remove all rubbish, surplus materials, and unused construction equipment. Repair all damage so that the public and property owners will be inconvenienced as little as possible. B. Provide onsite containers for the collection of waste materials, debris, and rubbish and empty such containers in a legal manner when they become full. C. Where material or debris has been deposited in watercourses, ditches, gutters, drains, or catch -basins as a result of the CONTRACTOR's operations, such material or debris shall be entirely removed and satisfactorily disposed of during the progress of the work, and the ditches, channels, drains, etc., shall be kept clean and open at all times. D. Before the completion of the project, unless otherwise especially directed or permitted in writing: 1. Tear down and remove all temporary buildings and structures; 2. Remove all temporary works, tools, and machinery, or other construction equipment furnished; 3. Remove all rubbish from any grounds occupied; and 4. Leave the roads, all parts of the premises, and adjacent property affected by construction operations, in a neat and satisfactory condition. E. Restore or replace any public or private property damaged by construction work, equipment, or employees, to a condition at least equal to that existing immediately prior to the beginning of the operations. To this end, the CONTRACTOR shall restore all highway, roadside, and landscaping work within any right-of-way, platted or prescriptive. Acceptable materials, equipment, and methods shall be used for such restoration. F. Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new -appearing condition. G. It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed, destroyed, or damaged during construction. Particular attention will be placed on restoration of canals to equal or better condition than prior to construction. Site Cleanup and Restoration - 01710-1 P1Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\B1d Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 H. When finished surfaces require cleaning with cleaning materials, use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces. Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times. Keep the amount of dust produced during construction activities to a minimum. At CONTRACTOR's expense, spray water or other dust control agents over the areas, which are producing the dust. Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces. 1.3 SITE CLEANUP AND RESTORATION Prior to final completion, the OWNER, ENGINEER, and CONTRACTOR shall review the site with regards to site cleanup and restoration. Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER, at no additional expense. ++ END OF SECTION ++ Site Cleanup and Restoration - 01710-2 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 1— General Requirements, IRC -1707 SECTION 01820 - POST FINAL INSPECTION 1.1 GENERAL A. Approximately one year after Final Completion, the OWNER will make arrangements with the Project 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 Project Manager shall comply with the applicable sections of Article 13, General Conditions. C. After the inspection, the OWNER will inform the CONTRACTOR of any corrections required to release the performance and payment bonds. + + END OF SECTION + + Post Final Inspection - 01820-1 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 1 GENERAL REQUIREMENTS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 DIVISION 2 - TECHNICAL PROVISIONS Table of Contents DIVISION 2 - TECHNICAL PROVISIONS..................................................................................................... 1 SECTION 001 -TECHNICAL SPECIFICATIONS.............................................................................................2 SECTION 004 - SCOPE OF WORK.............................................................................................................. 2 SECTION 101- MOBILIZATION................................................................................................................ 2 SECTION 102 - MAINTENANCE OF TRAFFIC.............................................................................................. 3 SECTION 104 - PREVENTION, CONTROL, AND ABATEMENT OF EROSION AND WATER POLLUTION ............. 5 SECTION 110 - CLEARING AND GRUBBING............................................................................................. 15 SECTION 120 - EXCAVATION AND EMBANKMENT.................................................................................. 16 SECTION 160—STABILIZING.................................................................................................................. 17 SECTION 285 - OPTIONAL BASE COURSE................................................................................................ 17 SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT.................................................................... 18 SECTION 334 — SUPERPAVE ASPHALT CONCRETE................................................................................... 18 SECTION 425 - INLETS, MANHOLES, AND JUNCTION BOXES.................................................................... 18 SECTION 520 — CONCRETE GUTTER, CURB ELEMENTS AND TRAFFIC SEPARATOR ..................................... 18 SECTION 522 - CONCRETE SIDEWALK AND DRIVEWAYS......................................................................... 19 SECTION 527—DETECTABLE WARNINGS...............................................................................................19 SECTION 570- PERFORMANCE TURF..................................................................................................... 19 SECTION630—CONDUIT....................................................................................................................... 22 SECTION 633—COMMUNICATION CABLE.............................................................................................. 22 SECTION 635 — PULL, SPLICE, AND JUNCTION BOXES.............................................................................. 22 SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE ........................................... 22 SECTION 711- THERMOPLASTIC PAVEMENT MARKINGS....................................................................... 23 SECTION 999 - RECORDS/AS-BUILTS..................................................................................................... 24 Division 2 —Technical Provisions - 01025-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 SECTION 001- TECHNICAL SPECIFICATIONS STANDARD SPECIFICATIONS A. All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction, January 2020, and Supplemental Specification, Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein -after apply to the FDOT Standard Specifications, and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative. Wherever the Specifications, Supplementals, etc. may refer to the "Owner", "Department", "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County, Florida. Wherever the word "Owner's Engineer", "District Engineer', "Engineer", "Project Engineer", etc., appears, it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department, Engineering Division acting directly or through duly authorized representatives. Wherever the word "Resident Engineer" appears, it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. The work to be performed for utility work (if any) shall conform to the applicable technical specifications of the "Indian River County Department of Utility Services, Water, Wastewater, and Reclaimed Water Utility Construction Standards" March, 2018 or the current version. The work to be performed per line items 700 through 711 shall conform to the applicable standards of Indian River County Typical Drawings for Pavement Markings, Signing & Geometrics Revised March 2012. SECTION 004 - SCOPE OF WORK Section 4-3.9 Value Engineering Incentive is deleted in its entirety. SECTION 101 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. The Contractor shall maintain all grassed and landscaped areas within the project limits in a satisfactory condition until final acceptance of the project. Such maintenance within the limits of construction shall include the mowing of all existing grassed areas within the Right -of -Way, removal of all trash and debris on a weekly basis, and keeping vegetation Division 2 —Technical Provisions - 01025-2 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 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. 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. Division 2 — Technical Provisions - 01025-3 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid DocumentsXDIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. The Contractor shall be responsible for performing daily inspections, including weekends and holidays, with some inspections at nighttime, of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C. TRAFFIC CONTROL - STANDARDS: The FDOT Design Standards For Design, Construction, Maintenance and Utility Operations On The State Highway System, Edition as dated on the plans set forth the basic principles and prescribes minimum standards to be followed in the design, application, installation, maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Contractor's Maintenance of Traffic Plan shall maintain continuous vehicular traffic at all times. G. The Changeable Variable Message Sign shall be used as necessary. The location, message, and duration shall be as directed by Engineer. Division 2 —Technical Provisions - 01025-4 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 H. In addition to above, the Contractor shall comply with INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION in Appendix C. 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 Division 2 —Technical Provisions - 01025-5 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 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 Dewatering" of the Florida Erosion and Sediment Control Inspector's Manual. In the event of a conflict between the referenced chapters and these Specifications, the more stringent requirement shall prevail. F, Submit to SJRWMD a "Notice to District of Dewatering Activity" (SJRWMD Form No. 40C- 2.900(12)) prior to commencement of dewatering in accordance with F.A.C. 40C-2.042(9). Provide a copy of the Notice to Indian River County. 1.2 PERMITS A. The OWNER has obtained certain permits for this project and they are listed in paragraph 6.08.13 of the EJCDC Standard General Conditions of the Construction Contract (General Conditions). Per paragraph 6.08.0 of the General Conditions, apply for and obtain all other required federal, state, and local permits, licenses, sampling, and tests. B. Provide copies of all approved permits to the OWNER and ENGINEER and comply with all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications or requirements between permits, the more stringent specification or requirement shall govern. C. Pay for all required water quality sampling and laboratory tests. 1.3 GENERAL A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans, permits, and these Specifications; and the installed system has been examined by the OWNER for compliance. B. From time to time, the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER. If at any time, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system, the OWNER or ENGINEER will shut the portion of the project down that is not in compliance, and it shall remain shut -down until the pollution control and treatment system is properly constructed or repaired, and complies with the approved pollution control and treatment system plans, specifications, contract documents, and permits. C. Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased. In addition to other temporary erosion control Division 2 —Technical Provisions - 01025-6 F:\PublicWorksXENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Docurnents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 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. Polyacrylamide application shall be as specified herein. Include polyacrylamide application in the Project's SWPPP. D. Inspect each pollution control system at least once per day and after each rainfall event. Clean and maintain each pollution control system as required until the system is no longer needed. If a water quality violation occurs, immediately cease all work contributing to the water quality violation and correct the problem. Immediately report all water quality violations to the OWNER. Immediately report the discharge of any hazardous substance to the State Warning Point at 800-320-0519 or 850-413-9911. E. Discharge shall not violate State or local water quality standards in receiving waters, nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable owner, regulatory agency, and the ENGINEER. The receiving point shall be shown on the Project SWPPP. F. Promptly repair all damage at no cost to the OWNER. 1.4 SUBMITTALS A. Shop Drawings: Submit shop drawings of the proposed pollution control and treatment systems in accordance with Section 1340. B. Approved Stormwater Pollution Prevention Plan. C. "Contractor's Affidavit Regarding Erosion Control and Treatment of Dewatering Water and Stormwater From Construction Activities" 1.5 STORMWATER TREATMENT AND EROSION CONTROL SYSTEM RESPONSIBILITY A. Prepare a site-specific design of the erosion and stormwater pollution control system. Install and maintain all erosion and stormwater pollution control devices under the supervision of a State Certified Stormwater, Erosion, and Sedimentation Control Inspector. Maintain the erosion and stormwater pollution control devices until in the ENGINEER's sole opinion, the devices are no longer necessary (such time not to extend past the date the OWNER formally accepts the project as complete). Before beginning construction, submit to Indian River County, Florida Department of Environmental Protection (FDEP) and other applicable regulatory agencies for review and approval, a Stormwater Pollution Prevention Plan (SWPPP), prepared by the certified erosion control subcontractor. Construction shall not begin until the SWPPP has been approved by Indian River County, FDEP, and all applicable regulatory agencies. Submit the approved SWPPP to the ENGINEER before beginning construction. Include in the SWPPP, the "Contractor's Affidavit Regarding Erosion Control Division 2 — Technical Provisions - 01025-7 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 and Treatment of Dewatering Water and Stormwater From Construction Activities" (located at the end of this Section). 1.6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. With respect to this Section and as may be further defined in paragraphs 1.6.13, 1.6.C, and 1.6.D, "pollution" is the presence in off-site waters of any substances, contaminants, or manmade or human -induced impairment of off-site waters or alteration of the chemical, physical, biological, or radiological integrity of off-site water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property. Pollutants to be removed include but are not limited to, sediment and suspended solids, solid and sanitary wastes, phosphorus, nitrogen, pesticides, oil and grease, concrete truck washout, stucco mixer washout, curb machine washout, washout from other construction equipment, construction chemicals, and construction debris. B. When the Discharge is Directly Into an Existing Water 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 Division 2 —Technical Provisions - 01025-8 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 to Indian River County Stormwater Enforcement, SJRWMD, FDEP, Indian River Farms Water Control District (or other F. S. Chapter 298 Drainage District, as appropriate), and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2.1 GENERAL A. Polyacrylamide: As required in Paragraph 1.3.C, place polyacrylamide (PAM) on bare ground to reduce the potential for erosion and cover it with hay, jute, or mulch. PAM may also be used in water bodies to remove turbidity. In all cases, use the anionic form of polyacrylamide that does not stick to fish gills. For PAM information and its proper application, a contact is Applied Polymer Systems, Inc., (678) 494-5998, www.siltstop.com. B. Staked Silt Fences: 1. General: Use silt fences to control runoff from the construction site where the soil has been disturbed. 2. Installation: Install per the manufacture's recommendations and as specified herein. In general, install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing. Place the bottom of the fabric 6 -inches minimum, under compacted soil to prevent the flow of sediment underneath the fence. Place silt fences away from the toe of slopes. Otherwise, work shall conform to Section 104 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 3. Product: All material shall be new and unused. Use FDOT Types III through IV silt fences where large sediment loads are anticipated, where slopes are 1:2 (vertical: horizontal) or steeper, or as directed by the ENGINEER; otherwise use FDOT Type II silt fence. C. Turbidity Barriers: 1. General: Use turbidity barriers to control sediment contamination of rivers, lakes, ponds, canals, etc. 2. Installation: Install 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 Division 2 — Technical Provisions - 01025-9 F \Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions. IRC -1707 shall be attached to the bag to secure the hose and prevent pumped water from escaping without being filtered. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many filter bags as required, at no additional cost to the OWNER. Legally dispose of the bags offsite, at no cost to the OWNER. If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate — use non -calcareous rock. 3. Product: The filter bag shall be supplied with lifting straps. a. "DIRTBAG 53 or 55 as applicable," supplied by ACF Environmental, Inc. (1-800- 448-3636). b. "DANDY DEWATERING BAG" supplied by Dandy Products, Inc. (1-800-591-2284). c. Or equivalent. E. Curb Inlet Protection: 1. Filter stormwater before it enters curb inlets. 2. Installation: Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. The length of the curb inlet filtration device shall be at least 2 -feet longer than the curb inlet opening. a. "GUTTERBUDDY," supplied by ACF Environmental, Inc. (1-800-448-3636). b. Or equivalent. F. Catch Basin Protection: 1. Filter stormwater before it enters catch basins (drop inlets). The filter "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double -needle machine, using a high strength nylon thread. The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying; lifting loops as an integral part of the system to be used to lift the sack from the basin; and a colored restraint chord approximately halfway up the sack to keep the sides away from the catch basin walls. The colored restraint chord shall also serve as a visual means of indicating when the sack should be emptied. 2. Installation: Install in each catch basin in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required, at no additional cost to the OWNER. 3. Product: All materials shall be new and unused. a. "SILTSACK" (regular flow), supplied by ACF Environmental, Inc. (1-800-448- 3636). b. "FloGuard+PLUS," supplied by Kristar Enterprises, Inc. (1-800-579-8819). 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 Division 2 — Technical Provisions - 01025-10 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 -Technical Provisions, IRC -1707 vehicle wheels before the vehicle leaves the construction site or work area. Provide wash - down stations as required to wash vehicle tires and retain all washwater on-site. Do not use limerock. H. Rock and Stone for Erosion Control and Pollution Control and Treatment: 1. Crushed Limerock: Limerock shall not be used under any circumstance. 2. Acceptable Material: FDOT #4 non -calcareous aggregate, washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction, Section 901. Hay Bales: Hay bales shall not be used. PART 3 - EXECUTION A. Design, construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site and from all other areas disturbed by construction activities. B. Apply polyacrylamide in strict accordance with the polyacrylamide manufacturer/supplier's recommendations and specifications. C. REPAIR ALL EROSION DAMAGE — At no additional cost to the OWNER and regardless of the state of completion of the Work, immediately clean all dirt and debris from all pipes and drainage structures; and repair all flooding, washouts, and all other erosion damage to the Work. This responsibility shall not end until Final Acceptance of the Work by the OWNER. Included is damage caused by erosion of any kind (e.g. wind, waves, stormwater runoff, hurricanes, etc.) including Acts of God. Restore all erosion damaged areas to design grades and elevations. Also, refer to General Conditions 6.13.6. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0104 1— Prevention, Control, and Abatement of Erosion and Water Pollution - Per Lump Sum [The remainder of this page was left blank intentionally] Division 2 — Technical Provisions - 01025-11 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 -Technical Provisions, IRC -1707 PERMITTEE'S AFFIDAVIT REGARDING POLLUTION This sworn statement is submitted to Indian River County for the following project: INDIAN RIVER BOULEVARD RESURFACING FROM 53rd STREET TO THE MERRILL BARBER BRIDGE 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 that in addition to complying with the terms and conditions of the Stormwater Management System Permit issued by Indian River County, Permittee is responsible for complying with the terms and conditions of the following as applicable to the site: (a) State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), (b) Stormwater Pollution Prevention Plan (regardless of project size), (c) St. Johns River Water Management District permit(s) (regardless of project size), (d) Florida Department of Environmental Protection permit(s) (regardless of project size), (e) All other permits required for this project not specifically listed herein, and (f) All Codes and Ordinances of Indian River County. 4. PERMITTEE understands and agrees that "pollution" as defined by Florida Statutes Chapter 403.031(7) includes: "... the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human -induced impairment of air or waters or alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or Division 2 — Technical Provisions - 01025-12 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions. IRC -1707 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). PERMITTEE understands that Indian River County requires the design, installation, and maintenance of proper erosion control measures at all times UNTIL Final Acceptance of the Project by the OWNER. 7. PERMITTEE understands that there are civil and criminal penalties for pollution listed in Florida Statutes Ch. 403.141 and Ch. 403.161 and that there are other penalties listed in Indian River County's permits, including but not limited to, Indian River County issuing a Cease and Desist Order for the project. CONTRACTOR understands that it may be liable for these and other penalties if offsite pollution occurs as a result of activities associated with the Project. 8. Transfer of Ownership or County Issued Permits: (a) Transfer of Interest in Real Property: Within twenty-one (21) days of any transfer of ownership or control of the real property at which the permitted activity, facility, or system is located or authorized, the Permittee shall notify in writing, both the Indian River County Engineering Division and the Indian River County Stormwater Division of the transfer. Permittee shall provide the name, mailing address, and telephone number of the transferee and a copy of the instrument effectuating the transfer. Said notification is in addition to notifying the County Attorney's Office as required by County Code. (b) Transfer of a County Permit. To transfer a County issued permit, Permittee must provide (1) the information required in Item 8(a); (2) a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit; and (3) a new "Permittee's Affidavit" form properly executed by the transferee. Upon proper receipt of these items the County shall transfer the permit to the transferee. (c) Permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, system, or activity is located or authorized. However, the transfer shall not be effective prior to the sale or legal transfer. (d) An "Illicit Discharge Sign" must be present at the site at the time of transfer. Replacement or additional signs may be obtained from the Indian River County Public Works Department at a cost of $30.00 per sign. Division 2 — Technical Provisions - 01025-13 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 Under penalty of perjury, PERMITTEE declares that it has read the foregoing affidavit and the facts stated in it are true. FURTHER AFFIANT SAYETH NAUGHT CONTRACTOR: Authorized Signature: Printed Name: Date: Work Telephone: Mobile Telephone: ********************************* STATE OF COUNTY OF 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:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 SECTION 110 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction with the following modifications: A. Prior to any clearing and grubbing, the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees, logs, stumps, brush, vegetation, rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected. Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade. No stumps, roots, or perishable matter of any description shall remain under concrete slabs or footing, in- cluding pavement and sidewalks. B. No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved, after a review of the project site with the Contractor's representative. C. Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees. Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization, structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots. If directed by the Engineer or where shown on the drawings, work shall be done by hand in order to protect the trees. D. The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures. The Contractor shall not pull hair or major root structures. All severed roots shall be sawn clean and paint with pruning paint. Stumps, roots, etc., shall be completely removed and disposed of by the Contractor. Undesirable, dead, and/or damaged trees (as so designated by the Engineer) shall be removed. E. All trees to be removed shall be disposed off site; burning will be strictly prohibited. F. All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required, this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G. All items to be removed shall be excavated to their full depth. All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge. (See Paragraph C, Special Provisions) The Contractor shall transport the culverts to the County's storage yard. All metal castings for catch basins, manholes, or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Division 2 — Technical Provisions - 01025-15 FAPublic Works\ENGINEER] NG DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 -Technical Provisions, IRC -1707 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 — Clearing & Grubbing — Per Lump Sum SECTION 120 - EXCAVATION AND EMBANKMENT A. Earthwork, including earthwork for drives outside the right-of-way limits, shall be paid for as embankment. Cost shall include all work specified in this section and Section 120 of the FDOT Standard Specifications for Road and Bridge Construction. Such price and payment shall specifically include all cost of any roadway, lateral ditch or canal, and final dressing operations. B. Earthwork quantities shall be considered as in-place material with no shrinkage or expansion factors. C. Subsoil Excavation - Any excavation below the proposed bottom elevation of the select fill, isolated swale bottom locations, isolated locations for pipe installations and as approved by the engineer shall be paid for as subsoil excavation. Approximately 2.0 ft of subsoil excavation is required in sublateral canals. Cost of replacement embankment shall be included in cost of subsoil excavation. Contractor shall coordinate with county representative prior to any subsoil excavation. D. Embankment - General Requirements for Embankment Materials: The following is added after the first paragraph of Subarticle 120-7.2: Division 2 — Technical Provisions - 01025-16 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 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 embankment. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0120 1— Regular Excavation - Per Lump Sum Bid Item No. 0120 6 — Embankment - Per Lump Sum SECTION 160 —STABILIZING The work specified in this item shall conform to Section 160 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. 0160 4 — Type B Stabilization (12" Subgrade, LBR 40, Minimum) — Per Square Yard SECTION 285 - OPTIONAL BASE COURSE A. Sub Article 285-4 is modified by the addition of the following: Base material, thickness and requirements are described in the construction plans. Only one type of alternate base material shall be used. No additional payment will be made for base thickness in excess of the specified thickness Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0285711— Optional Base, Base Group 11 (12" Cemented Coquina) — Per Square Yard Division 2 — Technical Provisions - 01025-17 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 -Technical Provisions, IRC -1707 SECTION 327 - MILLING OF EXISTING ASPHALT PAVEMENT The work specified in this item shall conform to Section 327 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0327 70 6 — Milling Existing Asphalt, 11/2" Avg. Depth — Per Square Yard SECTION 334 — SUPERPAVE ASPHALT CONCRETE The work specified in this item shall conform to Section 334 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. 0334 113 — Superpave Asphalt Conc. Traffic C (PG76-22, S.P. 12.5, 2" Thick) - Per Ton SECTION 425 - INLETS, MANHOLES, AND JUNCTION BOXES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0425 14 1— Grate for Existing Drainage Structure, Furnish and Install — Per Square Foot Bid Item No. 0425 6 — Valve Boxes, Adjust — Per Each 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. Division 2 — Technical Provisions - 01025-18 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 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 Sidewalk and Driveways, 6" Thick (Fibermesh Reinforced) — Per Square Yard 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. This work shall also include mowing, to be mowed at maximum 6" height with a mulching mower. B. Work Included: Scope of Work: The work specified in this section consists of the establishing of a stand of grass, within the project, right-of-way, easements, and other areas indicated on the Drawings, by furnishing and placing grass sod. Also included are fertilizing, watering and maintenance as required to assure a healthy stand of grass. Two applications of fertilizer will be required with the initial application being fertilizer and the second application being "weed and feed". Division 2 — Technical Provisions - 01025-19 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 C. Guarantee: All sodded areas shall be guaranteed for one year after date of final acceptance. Replacement of Defective Sod: Any dead sod or sod showing (less than 95% of a square) indication of probable non survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications, shall be replaced within two weeks of notice from Owner or Engineer. All replacement sod shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for three months. All replacement shall meet original specifications. The Contractor shall notify the Owner and Engineer ten days prior to the end of the guarantee period and such guarantee shall be extended until notification is received. At the end of the guarantee period, all sod that is dead or in unsatisfactory growth shall be replaced within two weeks. D. Fertilizer: Commercial fertilizers shall comply with the Indian River County Fertilizer Ordinance 2013-012 and Supplement Ordinance 2013-014 (see Appendix B). E. Water for Grassing: Contractor shall provide the water used in the sodding operations as necessary to meet the requirements of Article 570-3.6. F. Preparation of Ground: The area over which the sod is to be placed shall be scarified or loosened to a depth and then raked smooth and free from debris. Where the soil is sufficiently loose and clean, the Owner, at his discretion, may authorize the elimination of ground preparation. 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 Division 2 — Technical Provisions - 01025-20 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. Where sodding is placed abutting paved shoulder, the contractor is to ensure that the finished sod elevation is 1%" below paved shoulder. On slopes greater than 3:1, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth, at suitable intervals. Sodding shall not be performed when weather and soil conditions are, in the Engineer's opinion, unsuitable for proper results. Sod shall be placed around all structures, equipment pads, etc. Watering: The areas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). J. Maintenance: The Contractor shall, at his expense, maintain the sodded areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. Replanting or repair necessary due to the Contractor's negligence, carelessness or failure to provide routine maintenance shall be at the Contractor's expense. The Contractor shall maintain the sodded area up to the final acceptance date as directed by the Engineer. Grass height shall not exceed 6" without mowing. 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 Bid Item No. 0570 1 2A — Performance Turf, Sod (Floratam) - Per Square Yard Division 2 — Technical Provisions - 01025-21 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 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 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. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0633 1123 — 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 12 — Pull & Splice Box, F&I, 24"X36" Cover Size (Pull Box) — Per Each Bid Item No. 0635 2 13 — Pull & Splice Box, F&I, 30"X60" Rectangular or 36" Round Cover Size (Slack Box) — Per Each SECTION 706 - RAISED PAVEMENT MARKERS AND BITUMINOUS ADHESIVE The work specified in this item shall conform to Section 706 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. A. All reflective pavement markers shall be 4" x 4". Division 2 — Technical Provisions - 01025-22 FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0706 1- 3 — Raised Pavement Marker, Type B (Bi -Directional Amber/Amber) - Per Each Bid Item No. 0706 1- 3A — Raised Pavement Marker, Type B (Bi -Directional White/Red) - Per Each Bid Item No. 0706 1- 3B — Raised Pavement Marker, Type B (Bi -Directional White/Mono) - Per Each SECTION 711- THERMOPLASTIC PAVEMENT MARKINGS The work specified in this item shall conform to Section 711 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 0711 11123 - Thermoplastic, Standard, White, Solid, 12" for Crosswalk and Roundabout — Per Linear Foot Bid Item No. 0711 11124 - Thermoplastic, Standard, White, Solid, 18" for Diagonals and Chevrons — Per Linear Foot Bid Item No. 0711 11125 - Thermoplastic, Standard, White, Solid, 24" for Stop Line and Crosswalk — Per Linear Foot Bid Item No. 071111141 - Thermoplastic, Standard, White, 2-4 Dotted Guideline/6-10 Gap Extension, 6" — Per Gross Mile Bid Item No. 0711 11160 - Thermoplastic, Standard, White, Message or Symbol (Helmeted Bicycle Symbol and Bike Lane Arrow) — Per Each Bid Item No. 0711 11160A - Thermoplastic, Standard, White, Message or Symbol (Merge with Arrow) — Per Each Bid Item No. 0711 11160B - Thermoplastic, Standard, White, Message or Symbol (Only) — Per Each Bid Item No. 0711 11170 - Thermoplastic, Standard, White, Arrow — Per Each Bid Item No. 0711 11224 - Thermoplastic, Standard, Yellow, Solid, 18" for Diagonal or Chevron — Per Linear Foot Bid Item No. 071111241 - Thermoplastic, Standard, Yellow, 2-4 Dotted Guideline/6-10 Dotted Extension Line, 6" — Per Gross Mile Bid Item No. 071116 101- Thermoplastic, Standard -Other Surfaces, White, Solid, 6" — Per Gross Mile Bid Item No. 071116 102 - Thermoplastic, Standard -Other Surfaces, White, Solid, 8" — Per Gross Mile Bid Item No. 071116 131 - Thermoplastic, Other Surfaces, White, Skip, 6", 10-30 Skip or 3-9 Lane Drop — Per Gross Mile Division 2 — Technical Provisions - 01025-23 F:\PublieWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 Bid Item No. 071116 201- Thermoplastic, Standard -Other Surfaces, Yellow, Solid, 6" — Per Gross Mile SECTION 999 - RECORDS/AS-BUILTS GENERAL Maintain, prepare and provide the ENGINEER with record documents as specified below, except where otherwise specified or modified within the scope of work provided in the specific project contract documents. The Contractor and/or Developer shall be responsible for, and required to provide, Record Drawings as outlined in this section. MAINTENANCE OF RECORD DOCUMENTS: 1. Maintain in CONTRACTOR's field office in clean, dry, legible condition complete sets of the following project documents: Drawings, Specifications, Addenda, approved Shop Drawings, samples, photographs, Change Orders, other modifications of Contract Documents, test records, survey data, Field Orders, and all other documents pertinent to CONTRACTOR'S Work. 2. Provide files and racks for proper storage and easy access. 3. Make documents available at all times for inspection by ENGINEER and OWNER. 4. Do not use record documents for any other purpose and do not remove them from the field office. 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 5.1-17.050 Florida Administrative Code (Florida Minimum Technical Standards). C. Field measurements of vertical or horizontal dimensions of constructed improvements shall be obtained so that the constructed facility can be delineated in such a way that the location of the construction may be compared with the construction plans. Clearly shown by symbols, notations, or delineations, those constructed improvements located by the survey. Division 2 —Technical Provisions - 01025-24 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 D. All vertical information (elevations) provided on the Record Drawings shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) unless otherwise specified by the Project Engineer. E. The horizontal information provided on the Record Drawings shall be referenced to the State of Florida, State Plane Coordinate System, Florida East Zone as established by Global Positioning System (GPS) which meets or exceeds Third Order Class I Accuracy Standards according to current publication of the Federal Geodetic Control Committee (FGCC) procedures. F. All Record/As-Built drawings shall be prepared in digital format (ACAD Civil 3D 2013) and shall utilize the digital design drawings as prepared by the Project Engineer as a base for the Record/As-Built drawings. It is the responsibility of the Surveyor to request these files from the Contractor or Project Owner in order to produce the Record/As-Built drawing set. G. ALL improvements proposed to be constructed as shown on the approved construction plans shall be field measured upon completion and shown on the Record/As-Built survey. Any improvements that appear in both plan and profile views shall show the Record/As-Built information in both views. H. The following items are required to be shown on all Indian River County project Record/As- Built drawings submitted to the County: DRAINAGE: 1. Right-of-way Swale/Drainage — All culvert inverts, elevations and station offsets; inlet grate and bottom elevations; swale beginning and end bottom elevations; and highs and lows along top of bank. Size of swale. 2. Pipe Culvert/PVC Sleeves — All inverts, pipe size, stations and offsets. 3. Outfalls —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. S. 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). Division 2 —Technical Provisions - 01025-25 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 -Technical Provisions, IRC -1707 3. All final Elevations to be plotted on PGL AND Plan & Profile sheets as applicable. 4. Elevations of edge of pavement and flow line at curb inlets and on the adjacent edge of pavement at curb inlets. WATER, FORCE, AND RECLAIMED WATER MAINS: 1. Show size and type of material used to construct mains. 2. Show horizontal location and elevation of all tees, crosses, bends, terminal ends, valves, fire hydrants, air release valves, and sampling points, etc., by distances from known reference points. 3. Show location, size and type of material of all sleeves and casing pipes. 4. Elevation and horizontal location of all storm sewers, gravity sewers including laterals, force mains, water mains, etc. which are crossed; including clearance dimension at all conflicts or crossings. 5. Top of pipe elevation and horizontal location of all water and force main stub -outs. 6. Horizontal location of all services at the property lines. 7. Horizontal and vertical location of pipe including size of all mains and ground elevation shall be obtained at one -hundred (100) foot intervals. Contractor shall place temporary PVC stand pipes (tell -tales) at each of the one -hundred (100) foot intervals and at all fittings and conflicts/crossings to facilitate the record drawing survey. The tell-tale pipes shall be constructed of 2 -inch PVC pipe, shall be placed on the top of the pipes to be surveyed, and shall be removed by the Contractor after completion of the field survey by the "As -Built" Professional Surveyor. 8. Location of fire lines. 9. Dedicated easement locations, identified by O.R. Book and Page Number. GRAVITY SEWER: 1. Manholes: Elevation of top rim, bottom elevation and invert of each influent and effluent line. 2. Show distance between manholes center -to -center and horizontal location by baseline station and offset. 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. Division 2 — Technical Provisions - 01025-26 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 PUMP / LIFT STATION: Record Drawings shall show elevations for the top and bottom and diameter of wet well along with invert of effluent line. Record Drawings should also indicate the make, model number, horsepower, impeller and condition point of pumps selected and installed, shape of wet well, location of control panel, location of pump out connection, float level settings, any deviation from the plans, and serial number(s) of the pump(s). SURVEY CONTROL 1. Install/re-establish: It shall be the contractor's responsibility to hire a Professional Surveyor and Mapper as defined per Chapter 472, Florida Statutes, to replace any horizontal and vertical control shown on the engineering plans that was destroyed during construction. 2. New roadway alignment control points (survey baseline or controlling line and all points as indicated on the plans or control sheet) upon final roadway completion. Include all intersections and side streets. State plane coordinates and elevations for all control points. 3. If shown on plans or not: Any Public Land Corner or Governmental Survey Control point(s), vertical control (bench marks), property corners destroyed and/or disturbed during the scope of the project shall be properly re-established as per standards as set forth within Florida Statutes, Administrative code and Minimum Technical Standards for that type of survey. All said surveying mentioned above shall be performed under the direct supervision of a registered Professional Surveyor and Mapper in the state of Florida and certified accordingly. Said Governmental agency(s) shall be notified in writing of disturbance and re -establishments. 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. Division 2 — Technical Provisions - 01025-27 F:\Public Works\ENGI NEERI NG DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 -Technical Provisions, IRC -1707 D. All Record/As-Built drawings are subject to review and approval by County Surveyor. ACCURACY The CONTRACTOR will be held responsible for the accuracy and completeness of Record Drawings and Electronic As-Builts and shall bear any costs incurred in finding utilities as a result of incorrect data furnished by the CONTRACTOR. COMPLETION OF WORK Upon Substantial Completion of the Work, deliver Record Drawings/As-Built Drawings to ENGINEER. Final payment will not be made until satisfactory record documents are received and approved by ENGINEER. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 999-1— Construction Layout/Record Drawings — Per Lump Sum [The remainder of this page was left blank intentionally] Division 2 — Technical Provisions - 01025-28 F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\t-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Board of Professional Surveyors and Mappers Record As -Built Survey Checklist Lic. Name Date: Division 2 - Technical Provisions, IRC -1707 Project Name: INDIAN RIVER BOULEVARD RESURFACING FROM 53`d ST. TO THE MERRILL BARBER BRIDGE Project No.: IRC -1707 Chapter 61G17-6 Minimum Technical Standards F.A.C. 61G17-6.003 General Survey, Map, and Report Content Requirements 0 (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. 0 (b) Measurements made in accordance with the United States standard, feet or meters. 0 (c) Records of measurements maintained for each survey (check field notes.) M (d) Measurement and computation records dated. M (e) Measurement and computation records substantiate the survey map. ® (f) Measurement and computation records support accuracy statement (closure calculations or redundant measurements, if applicable.) (2) Other More Stringent Requirements: © (a) Met more stringent requirements set by federal, state, or local governmental agencies. (3) Other Standards and/or Requirements that Apply to All Surveys, Maps, and/or Survey Products: © (a) REGULATORY OBJECTIVE: In order to avoid misuse of a survey and map, the surveyor and mapper must adequately communicate the survey results to the public through a map, report, or report with an attached map. (b) Survey map or report identified the responsible surveyor and mapper and contain standard content. In meeting this objective, surveyors and mappers must meet the following minimum standards of accuracy, completeness, and quality: Division 2 —Technical Provisions - 01025-29 F:\PublicWorksXENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx © (c) Type survey stated on map and report: As -Built Survey Boundary Survey Condominium Survey Mean High Water Line Survey Quantity Survey Record Survey Division 2 - Technical Provisions, IRC -1707 Construction Layout Survey Control Survey Hydrographic Survey Specific or Special Purpose Survey Topographic Survey © (d) Name, certificate of authorization number, and street and mailing address of the business entity on the map and report. © (e) Name and license number of the surveyor and mapper in responsible charge. © (f) Name, license number, and street and mailing address of a surveyor and mapper practicing independent of any business entity on the map and report. 0 (g) Survey date (date of data acquisition.) 0 (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." 0 (j) Insurance statement in V high letters "The survey depicted here is not covered by professional liability insurance" if there is no professional liability insurance. M (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. IN (1) All computed data or plotted features shown on survey maps supported by accurate survey measurements unless clearly stated otherwise. M (m) Bearings, distances, coordinates, and elevations shown on a survey map shall be substantiated by survey measurements unless clearly stated otherwise. 17 (n) Bearing reference (well established and monumented line) 0 (o) A designated "north arrow" © (p) Stated scale or graphic scale © (q) Abbreviations in legend or notes. © (r) Special conditions and any necessary deviation from the standards noted upon the map or report. M (s) Responsibility for all mapped features stated on the map or report M (t) Map or report clearly states the individual primarily responsible for the map or report when mapped features have been integrated with others. Division 2 — Technical Provisions - 01025-30 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 -Technical Provisions, IRC -1707 (u) Map Accuracy. (1) Vertical Feature Accuracy: © (a) Vertical Control: Field -measured control for elevation information shown upon survey maps or reports shall be based on a level loop or closure to a second benchmark. ® (b) Closure in feet must be accurate to a standard of plus or minus .05 ft. times the square root of the distance in miles. (c) All surveys and maps or reports with elevation data shall indicate the datum and a description of the benchmark(s) upon which the survey is based. © (d) Minor elevation data may be obtained on an assumed datum provided the base elevation of the datum is obviously different than the established datum. (2) Horizontal Feature Accuracy: ® (a) Horizontal Control: All surveys and maps or reports expressing or displaying features in a publicly published coordinate system shall indicate the coordinate datum and a description of the control points upon which the survey is based. © (b) Minor coordinate data may be obtained and used on an assumed datum provided the numerical basis of the datum is obviously different than a publicly published datum. IN (c) The accuracy of control survey data shall be verified by redundant measurements or traverse closures. All control measurements shall achieve the following closures: Commercial/High Risk Linear: 1 foot in 10,000 feet; Suburban: Linear: 1 foot in 7,500 feet; Rural: Linear: 1 foot in 5,000 feet; ® (d) When statistical procedures are used to calculate survey accuracies, the maximum acceptable positional tolerance, based on the 95% confidence level, should meet the same equivalent relative distance standards as set forth in 61G17- 6.003(3)(p)(2.)(c) F.A.C. © (e) Intended Display Scale: All maps or reports of surveys produced and delivered with digital coordinate files must contain a statement to the effect of: "This map is intended to be displayed at a scale of 1/_ or smaller". Division 2 — Technical Provisions - 01025-31 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx Division 2 - Technical Provisions, IRC -1707 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. to (c) All maps prepared shall meet applicable minimum technical standards. ® (d) Vertical and horizontal accuracy of the measurements made shall be such that it may be determined whether the improvements were constructed consistent with planned locations. (END OF SECTION) Division 2 — Technical Provisions - 01025-32 F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\DIV 2 TECHNICAL PROVISIONS - IRC-1707.docx APPENDIX A PERMITS None Required Appendix A -Permits FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\APPENDIX. docx APPENDIX B INDIAN RIVER COUNTY FERTILIZER ORDINANCES Appendix B -IRC Fertilizer Ordinances FAPublic Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid DocumentskAPPENDIX. docx ORDINANCE NO. 2013 - n12 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; DIRECTING COUNTY ATTORNEY'S OFFICE TO POST SUMMARY ON COUNTY WE BSITE, 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 Diver County creates a risk of contributing to adverse effects on surface and/or ground water; and WHEREAS, in order to address this risk, the Board of County Commissioners has determined that it is not only critical to adopt the Florida Department of Environmental Protection's Model Ordinance for Florida -Friendly Use of Fertilizer on Urban Landscapes, but that as part of Indian River County's science -based, and economically and technically feasible, comprehensive program to address nonpoint sources of nutrient pollution, additional and more stringent standards are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to the surface and/or ground water of Indian River County; and WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; and specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on Indian Raver 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: :ornryll.J iIiENERALUtm7utov&-101J(Fi))fArg.t70}dxc Page I of9 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 V1II, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Adoption of Chanter 316 of the Code of Indian River County (the "Code"). Chapter 316 of the Code is hereby adopted, as follows (new language is indicated by underline Section 316.1. Title. This chapter shall be known as the "Indian River Countv fertilizer and Landscape Management Ordinance." Section 316.2. Definitions. For the purposes of this chapter., the following terms shall have the.following mea=L gs: "Administrator" shall mean the County Administrator, or an administrative official of the County designated by the County Administrator to administer and enforce the provisions of this chapter. "Application" or "apply" shall mean the actual physical deposit of fertilizer to turf or landscape plants. "Applicator" shall mean any Person who applies fertilizer on turf and/or 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 P'AtwmyV-'.OaWbCV(..Na- @ F -JI rOrEl--2V1J'RnWA'Wu.ri0).*. Page 2 of l'1 ORDINANCE NO. 2013 - and practicable on -location means, including economic and technological considerations, for improving water qualily, conserving water supplies and protecting natural resources. "Chapter 85-427" shall mean The Indian River County Environmental Control Act, Chapter 85- 427, Special Acts, Laws of Florida. "Code Enforcement Offcer shall mean any designated emplo eye or agent of Indian River County whose duly it is to enforce codes and ordinances enacted by Indian River County. "Commercial Fertilizer Applicator," except as provided in §482.1562(9), Florida Statutes, shall mean any person who applies fertilizer for payment or other consideration to property not owned by the person or firm gpl-ving the fertilizer or the employer of the applicator. "Code" shall mean "The Code of Indian River County. "Environmental Control O jcer" shall mean the Indian River County Environmental Control Officer appointed by the Board pursuant to Chapter 85-427, and Chapter 303 (Part 1) of this Code, and his or her desi ng ees. "Fertilize," "fertilizing," or "fertilization" shall mean the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" shall mean any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalini , or provides other soil enrichmenlor provides other corrective measures to the soil. "Heavy rain" shall mean rainfall greater than two inches in a 24 hour period. "Institutional Fertilizer AMlicator" shall mean any person, other than a private, non-commercial applicator or a Commercial k'ertilizer Applicator unless such definitions also apply under the circumstances). that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Fertilizer Applicators shall include, but shall not be limited to, owners managers or employees of public lands, schools, parks, religious institutions utilities industrial or business sites and any residential properties maintained in condominium and/or common ownership, "Landscape plane' shall mean any native or exotic tree, shrub, or groundeover (excluding turD. "Low maintenance zone" shall mean an area a minimum of ten feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing etc. "Person" shall mean any natural person, business, corporation, limited liability company partnership, limited partnership association club organization and/or any group of people acting as an organized entity. & fl � ., �a.�., ,,,n ��h m � -2013 0-QrA.Z..,l;V d— Page 3 of 9 ORDINANCE NO. 2013 - 012 "Restricted Season" shall mean June I through September 30. "Saturated soil" shall mean a soil in which the voids are filled with water. Saturation does not re uire 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 NilrWn" shall mean nitrogen in a form which delays its availabilfty for plant uptake and use after application, or which extends its availability to the plant longeran a reference rapid or quick release product. "Turf." "sod," or "lawn" shall mean apiece 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 meaningas in $570.02, Florida Statutes. Section 316.3. Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Restricted Season, to saturated soils, or during a period in which a Flood Watch or Warning or a Tropical Storm Watch or Warning or a Hurricane Watch or Warning is in effect for any portion of Indian River County, issued by the National Weather Service, or if 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 Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall. If more stringent Indian River County Code regulations annlya this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this zone only or a 60 -day period beginning thigy days after planting if needed to allow the plants to become well established. Caution shall be used to prevent nutrients from beingdirectly deposited into the water. Section 316.5. Low maintenance zones. A voluntary ten foot low maintenance zone is strongly recommended. but not mandated from M pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent Indian River County Code regulations apply this provision Page 4 of ORDINANL"E 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 torevent the over - spray of aquatic weed products in this zone. Section 316.6. Fertilizer content and application rates. () No fertilizer containing phosphorous shall be applied to turf or landscape plants in Indian River County unless a soil or plant tissue deficiency is verified by a University of Florida Institute of Food and Agriculture Sciences, approved testing methodology. in the case that a 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 compost, manure or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label (c) Fertilizers applied to an urban lawn or turf within Indian River County shall be applied in accordance with requirements and directions set forth on the label or tag for -packaged fertilizer products, or in the printed information accompanying the delivery of bulk fertilizer products as provided by Rule 5E-1.003(2), Florida Administrative Code Labeling Requirements For Urban Turf Fertilizers. All packaged and bulk fertilizer products sold in Indian River County shall be sold in packages with labels or tags, or, if sold in bulk, be accompanied by printed information, which complies with the requirements of Rule 5E-1.003(2)1 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 dais after seeding or sodding, except when hydro - seeding for temporary or permanent erosion control in m emergency situation (wildfire etc,). or in accordance with the Stoxmwater Pollution Prevention Plan for that site. Section 316.7. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free. zones and water bodies. including wetlands fb) Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. F. {.iawKeju iGENFA.fLNe�alwfunakgdl wixe•IGkMnMaVFrmhrsrUlu&1 Fkn�4rrO�dfnmxr-2013 M -V( ,Page 5 of 9 ORDINANCE NO. 2013 - 012 (d} Fertilizer released on an impervious surface must be immediately contained and either legally applied. to turf or any other legal site or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed swept, or blown off impervious surfaces ,into stormwater drains ditches, conveyances, or water bodies. Section. 316.8. Management of grass clippings and vegetative materials In no case shall 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 Farm Act, § 823.14 Florida Statutes, (121 other properties not subject to or covered under the Florida Right to Farm Act that have pastures -used for grazing livestock; (c) any lands used for bona fide scientific research including but not limited to research on the effects of fertilizer use on urban stormwater, water quality, agronomics or horticulture (d) golf courses when landscaping is performed within the provisions of the Florida Department of Environmental Protection document, "Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses" these provisions shall be followed when, aoolying fertilizer toog if course practice and play areas,• (e) athletic fields at publicap rks_ and school facilities that apply the concepts and principles embodied in the Florida Green B.MPs, while maintaining the health and function of their specialized turf areas: (f) vegetable gardens owned by individual property owners or a community, and trees rown 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 uz the "Florida -friendly Besi I,AMb—O,&—.-2Q.Tr—#M.." 4.d— Page 6of9 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 applyingfertiiizers. 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 programa. 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 any materials from the Be Floridian program and coordination and collaboration with University of Florida Institute of Food and Agriculture Sciences educational activities. Any claimed or alleged deficiency in the County's general education program shall not constitute a defense to any action brought to enforce the provisions of this chapter. Section 316.12. Licensing of commercial fertilizer applicators. (a) No later than December 31, 2013, all Commercial Fertilizer Applicators within Indian River County, shall abide by and successUly complete training and continuing education requirements in the "Florida -friendly Best Management Practices for Protection of Water .Resources by the Green Industries, " offered by the Florida Department of Environmental Protection through the University of Florida Institute of Food and Agriculture Sciences "Florida -friendly Landscapes" program, or an approved equivalent program, prior to obtaining an Indian River Coumly Local Business Tax Certificate for any category of occupation which may apply an fertilizer to turf and/or landscapplants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the Indian River County Tax Collector's Office within 180 days of the effective date of this ordinance. (b) After December 31, 2013, all Commercial Fertilizer Applicators within Indian River County shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Commercial Fertilizer Applicator per Rule 5E-14.117(18), Florida Administrative Code. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family_ and condominium properties) must ensure that at least one eMployee has a "Florida -friendly Best _Mana ement 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 anv category of F-uuomer i r da�evprw w.,am� a o a . xsw d c�crr r xu�..xeoaarrn r ..rnw o, ,. aati mtfrn,� r �oaaoc� Page 7 of 9 ORDINANCE NO. 2013 - 012 occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the Indian River County Tax Collector's Office. Section 31.6.13. Enforcement. This chapter may be enforced by the Code Enforcement Officer in the Public Works Department who is devoted to issues pertaining to this Chapter, pursuant to Chapter 162 Florida Statutes and §103.07 of this Code. In addition this chapter may be enforced by the Environmental Control Officer pursuant to Chapter 85-427, Special Acts, Laws of Florida, and §303.14 of this Code. Penalties and remedies for violations shall be as set forth in 000.05 of this Code and, to the extent applicable, Chapter 85-427, Special Acts Laws of Florida Funds generated by penalties imposed under this section shall be used by Indian River County for the administration and enforcement of §403.9337 Florida Statutes and the corresponding sections of this chapter, and to further water conservation and nonpoint pollution prevention activities Section 316.14. References to state law. Any references in this chapter to Florida Statutes, rules_ or regulations shall refer to such statutes, rules or regulations, as amended from time to time. 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 area of Indian River County, unless such applicator is specifically exempted; provided, however, that this chapter shall not apply within the limits of any municipality which has adopted an ordinance regulating the same subject matter. This chapter shall be prospective only, and shall not impair gny existing contracts. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. F.•LfnonayiGrtdcl6PtlIIiALb2swt�wFmr@PnMrm n10�Llrronu�lferntrxi4llad�7Ft�rAacrOrdNonce•1013 (LTnMNyuywsr ]u}daa Page 8 of ORDINANCE NO. 2013 - 012 Section 6. Directing County Attorney's Office to Post Summary on County Website. The County Attorney's Office is directed to post a summary of this ordinance on the County's website within 15 days of the filing of this ordinance with the Florida Department of State. Section 7. Effective Date. This ordinance shall become effective 45 days after the filing of the ordinance with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 8th day of July, 2013, for a public hearing to be held on the 18th 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 20th day of August, 2013. ATTEST: Jeffrey R Snaith, ClerlEfk'��i' Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: septi '. Flescher, Chairman Approved as to form and legal sufficiency: Dylg6-Reingold, County Attorney EFFECTIVE DATE: This ordinance was tiled with the Florida Department of State on the day of 20.13. Furl ery1LMa1G£NlnALVtudw�mvd R.3.wnceslOidmm.-arlfernLin�Woakl fzrgbxr Dr.Lnanee-M73(t--VAW&26)d Page of 9 ORDINANCE NO. 2013 -014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted an ordinance regulating the proper use of fertilizers in order to protect the water quality of Indian River County's natural and constructed stormvater 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, 2013; and WHEREAS, in order to provide adequate time for the supply of fertilizer containing nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide additional time for retailers to eliminate those supplies that meet at least a minimum threshold of slow release nitrogen, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, §1 of (lie Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special lave, 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. F. hu a.wxn.«x.:r�n.,..,,::i m,:m.. rr ,,b ,�,«�.:...�.:, Page 1 of 3 ORDINANCE NO. 2013 - 011 Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River CounA- Fertilizer and Landscape Manaf4ement Ordinance) of the Code of Indian River Countv (the "Code"). Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County Fertilizer and. Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.6. Fertilizer content and application rates (b) As of the effective date of this chapter the T- e nitrogen content of fertilizer applied to turf 01- landscape rlandscape plants within Indian River County shall contain at least 25$8% slow release nitrogen per guaranteed analysis label. As of June I. 2014. the nitrogen content of fertilizer applied to turf or landscape plants within Indian River County shall contain at least 50% slow release nitrogen per guaranteed analysis label Section 4. Amendment of Section 31.6.15 (Applicabilitvl of Chapter 316 (Indian River - County Fertilizer and Landscape Manazement Ordinance) of the Code of Indian River County (the "Code"). Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows: Section 316.15. Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the unincorporated area of Indian River County, unless such applicator is specifically exempted; limitswithin the e-suhjeet matter. This chapter shall be prospective only, and shall not impair any existing contracts. Section 5. Severabilitv. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full (force and effect. Section 6. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. r .1 4— d. cmt z Page 2 Of 3 ORDINANCE NO, 201.3 - 014 Section 7. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of September , 2013, for a public hearing to be held on the lst_ day of October 2013, at which time it was moved for adoption by Commissioner Solari , seconded by Commissioner o' Bryan , and adopted by the following vote: Chairman Joseph E. F lescher lave Vice Chairman Wesley S. Davis Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Aye Commissioner Tim Zore Fye The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of October, 2013. BOARD OF COUNTY COMMISSIONERS JNDIAN RIVER COUNTY, FLORIDA By: eph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk 'of 0.66if Approved as to form and legal sufficiency: and Comptroller By: . Dep l Clerk Wan Reingold, County Attorney EFFECTIVE DATE: This ordinance was tiled with the Florida Department of State on the day of , 201 1,S416—'JJMn'f3f•_\F7C I!-Vlay.fuii.mx h 0,41— ( - A4rmh_.rwm,nfsouw Page 3 of 3 APPENDIX C INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF- WAY CONSTRUCTION Appendix C -Special Conditions for Right -of -Way Construction F:\Public Works\ENGINEERING DIVISION PROJECTS\1707 Indian River Blvd Merrill Barber Bridge to 53rd St Resurfacing (SCOP)\1-Admin\Bid Documents\Bid Documents\APP E N DI X. docx SPECIAL CONDITIONS: INDIAN RIVER COUNTY TRAFFIC ENGINEERING DIVISION SPECIAL CONDITIONS FOR RIGHT-OF-WAY CONSTRUCTION 1. All work performed under this permit shall be in accordance with the Florida Department of Transportation Design Standards (https://www.fdot.gov/design/standardplans/current/`default.shtm), Indices 102-600 and the Manual on Uniform Traffic Control Devices. 2. All special conditions listed are in addition to the attached Indian River County Traffic Engineering Regulations for Maintenance of Traffic. 3. It shall be the contractor's responsibility to contact Sunshine State One Call System (1-800-432-4770) at least 72 hours in advance of commencing construction work to coordinate traffic control and obtain locations of underground traffic signal conduit for the County's Computerized Traffic Signal Coordination System. 4. The contractor shall be responsible for using the applicable Traffic Control Plan for the type of work being performed. All job supervisors shall have a copy of the control plan on site at all times and shall be familiar with the correct set-up of the plan. 5. At least one lane of traffic shall be maintained at all times. One -lane traffic shall be controlled with at least two (2) flagmen. Flagmen shall use STOP/SLOW paddles at all times. Flags shall not be used for one -lane traffic control. 6. After proper notification to Traffic Engineering, consideration will be given to the contractor to close roadways to through traffic on a daily basis during daylight hours on narrow roadways where maintaining one -lane traffic would be difficult. The roadway shall be open to traffic at the end of each work day and on weekends. It shall be the contractor's responsibility to provide all necessary construction signs and traffic control devices to close the road and provide a detour route in accordance with Indian River County standards. Signing shall be installed that clearly indicates the time periods the road is closed to traffic. 7. There shall be no construction work after dark. 8. All open excavations shall be back filled before the close of each work day. 9. A compacted roadway shall be provided at the end of each work day. Disrupted roadways shall be clearly marked as a construction area. 10. Refer to the attached Traffic Engineering Regulations for construction work on Indian River County roadways for maintenance of traffic inspection policy and procedure 11. All construction equipment, materials, etc. shall be stored outside of the clear zone. Equipment and construction materials that are stored within the clear zone shall be clearly marked with Type II barricades with flashing yellow lights. 12. All projects and work within Indian River County right-of-way shall have an approved Traffic Control Plan (TCP). All work shall be executed under the established TCP and Indian River County approved procedures. The TCP shall provide the proposed detour route, traffic control devices, and other pertinent information for the proposed project and shall be submitted for review and approval by the Public Works Department. The TCP shall be prepared by personnel with a minimum of an Intermediate Maintenance of Traffic current certification in the State of Florida. (Denote on the TCP, certification number and name of the certified personnel that prepared the MOT plan.) For full road closures, a TCP is required to be submitted by the contractor a minimum of two (2) weeks prior to the proposed road closure. All traffic control devices shall be in accordance with the Florida Department of Transportation (FDOT) Design Standards, Indices 102-600, FY 2019-2020, and the Manual on Uniform Traffic Control Devices, 2009 Edition. 13. For full road closures, Portable Changeable Message Signs are required to pre -advertise the roadway closure, a minimum of seven (7) days in advance of the road closure and during the duration of the road closure. The use of Portable Changeable Message Signs for lane closures on thoroughfare plan roadways will be required. Messages are to be approved by the Public Works Department and shown on the TCP. TRAFFIC ENGINEERING REGULATIONS Maintenance and Protection of Traffic: It shall be the responsibility of the contractor to provide for the maintenance and protection of traffic in accordance with the applicable indices in the most current edition of the Florida Department of Transportation Roadway and Traffic Design Standards and the Federal Highway Administration Manual on Uniform Traffic Control Devices. The indices shall be considered the minimum standards and a Rev. 5/23/2019 Special Conditions for Right of Way Construction Page 2 more extensive work zone set-up or modifications may be required by the County Public Work Director or his designee for the protection of personnel in the work area as well as the traveling public. It shall be the responsibility of the contractor to ensure that all subcontractors are in full compliance with all traffic control regulations. It shall be the responsibility of the contractor working on County roadways or within Right -of -Ways to establish maintenance of traffic prior to any work being performed. The contractor shall frequently monitor the work zone set-up to ensure that all signing is properly placed and that warning signs remain at the proper advance posting distance from the work area. Any signs that do not apply to the work zone shall be removed or covered. The contractor shall remove the work zone set-up at the conclusion of the work. Traffic Engineering shall be notified a minimum of seventy-two (72) hours in advance of any lane closings and ten (10) days in advance of any road closures. Lane closures are restricted to outside the normal peak hours of traffic, lane closures shall occur during the hours of 9:00 AM to 4:00 PM unless otherwise approved by the Public Works Director or his designee. Traffic Engineering staff shall inspect the Maintenance of Traffic prior to construction commencement to ensure compliance with the approved Traffic Control Plan. It is the policy of the Traffic Engineering Division to randomly monitor the contractor's compliance with all regulations while working on County roadways and within right-of-ways. Matters of public safety shall be attended to immediately upon notification by the County Public Work Director or his designee. If the contractor is found to be negligent in maintaining proper work zone set-up in accordance with the County's Right -of -Way ordinance (Chapter 312), the County Public Work Director or his designee shall impose penalties in the amount of $250.00 for working without the proper traffic control. Construction at or Near Signalized Intersections: The contractor shall have full responsibility for any work performed at or near any traffic signals in Indian River County. The contractor shall request that the County locate buried interconnect conduit and cable, loop sensors, and pull boxes prior to commencing construction. Any damage to the interconnect conduit, loop sensors, and pull boxes or any other traffic signal equipment shall be repaired at the contractor's expense. It shall be the responsibility of the contractor to notify Traffic Engineering Division a minimum of 72 hours prior to any work being performed near a signalized intersection or flashing beacon. Once the proper notification and locate procedures are satisfied, the contractor working in or near signalized intersections or around traffic signal poles, signal cabinets, or flashing beacons shall be advised of the following regulations: 1. No excavation shall be performed within a 15 -foot radius of any traffic signal pole. If excavation is necessary within a 15 -foot radius, it will be the contractors responsibility to provide the following: a. In a manner approved by the County Public Works Director or his designee, the contractor shall provide constant support of the traffic signal pole to prevent movement during excavation and backfill operations. b. Compaction around the excavation site to a 98% density, bringing the backfill up in 1 foot lifts. C. Density reports from a licensed testing company provided to the County Public Works Director. d. Restore the traffic signal and all support equipment to original condition or better. 2. There shall be no pavement cuts made within 500 feet of a signal or flashing beacon without contacting Indian River County Traffic Engineering Division at (772-226-1547), 72 hours prior to construction. 3. Any traffic signal, loop sensors, conduit, interconnect cable, or any support equipment damaged by a contractor shall be repaired/replaced at the contractor's expense. 4. Any contractor that works at or in the vicinity of a signalized intersection shall have full responsibility for any liability incurred by causing damage to signal equipment that results in the failure of the traffic signal functions. If such a failure occurs, the contractor shall notify the police and the Traffic Engineering Division immediately at (772-226-1547). Rev. 5/23/2019