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HomeMy WebLinkAbout2004-138 1 INDIAN RIVER CbUNTY BOARD ProjectCOMMISSIONERS Department of Utility Services Utility ' 1 Discharge / • and , • Northap Spillway Mat 1 1 • 11 ' OW00046MW02510 Indian River County Bid No : 6069 i C` ADDENDUM NO . 1 INDIAN RIVER COUNTY BID NO . 2208 DISCHARGE OUTLET AND RIP RAP SPILLWAY MAT NORTH COUNTY R/O PROJECT — PHASE II This addendum is issued is accordance with Paragraph 5 . 2 of Section 00100 of the Specifications and the following revisions , additions and clarifications are hereby incorporated into the Contract Documents . SPECIFICATIONS 1 . Section 00530- 1 a ) ARTICLE 1 . WORK , is revised to read " . . . 40 feet of 16 " diameter HDPE pipe . . . " 2 . All ductile iron shall be epoxy lined per IRCDUS Utility standard (Section 6 . 05 Lining and Coating ) 3 . Revision A — Drawing 2 of 2 North County R/O Project — Pha -:,e 11 ( Location and Size of Thrust Block) Please indicate receipt of this Notice by completing the bottom portion and returning a copy BY FAX to Art Pfeffer — Project specialist . at 561 -770-5143 by Friday, May 14 , 2004 . YOU ARE REQUIRED TO INCLUDE AN ORIGINAL EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID Addendum # 1 RECEIVED AND CONSIDERED BY: h-bsc cory CCL& ( LA9 C Name of BidderJ Name of Bidde ' R e tative Z0000000 to tQ �-� S ' a of BtTdc epresentative & Title D s ADDENDUM NO . 2 INDIAN RIVER COUNTY BID NO . 6069 DISCHARGE OUTLET AND RIP RAP SPILLWAY MAT NORTH COUNTY R/O PROJECT — PHASE II This addendum is issued is accordance with Paragraph 5 . 2 of Section 00100 of the Specifications and the following revisions , additions and clarifications are hereby incorporated into the Contract Documents . SPECIFICATIONS C TIONS 1 . Section 00530- 1 a ) ARTICLE 1 . WORK , is revised to read " . . . 40 feet of 16 " diameter HDPE pipe . . . " . 2 . All ductile iron shall be epoxy lined per IRCDUS Utility standards . (Section 6 . 05 Lining and Coating ) 3 . Revision A — Drawing 2 of 2 North County R/O Project — Phase 11 i ( Location and Size of Thrust Block ) Addendum No . 1 Indian River County Bid NO . 2208 is revised to read " . . . Bid No . 6069 " . Please indicate receipt of this Notice by completing the bottom portion and returning a copy BY FAX to Art Pfeffer — Project specialist . at 561 -770-5143 by Friday, May 14 , 2004 . i 1 YOU ARE REQUIRED TO INCLUDE AN ORIGINAL EXECUTED COPY OF THIS NOTICE WITH YOUR SUBMITTED BID Addendum #2 RECEIVED AND CONSIDERED BY : 1 'FJM0+4XU Rusr. 00 (y+VraC;HnC4 Twnc & Name of Biddr i :Name of a Rftntative Signature of Bidder ' s Representative & Title JDate TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00020 Advertisement for Bids 00100 Instruction to Bidders 00310 Bid Form 00452 Disclosure of Relationships 00456 General Information Required for Bidders 00530 EJCDC - Agreement Between Owner and Contractor 00610 Construction Performance Bond 00612 Construction Payment Bond 00700 General Conditions 00800 Supplementary Conditions DIVISION 1 - GENERAL REQUIREMENTS 01000 Summary of Work 01025 Measurement and Payment 01060 Regulatory Requirements and Notification 01090 Reference Standards 01152 Applications for Payment 01153 Change Order Procedures ' 01340 Shop Drawings , Product Data and Samples 01381 Audio-Visual Documentation 01560 Temporary Controls 01700 Contract Close-out 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 - SITE WORK 02271 Fabric Formed Rip Rap 02401 Dewatering 02485 Grassing 02610 Restrained Joints , Excavation , and Backfilling ' 02625 Water Mains , Ductile Iron Pipe and Fittings 02627 Water Mains , Polyethylene 02660 Testing and Inspection of Water Mains i F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\0002 Table of Contents .doc ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Indian River County will receive sealed bids until May 26 , 2004 . 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 " Discharge Outlet and Rip Rap Spillway Mat North County R/O Project — Phase II , Bid No . 6069 11 All bids , either mailed or walked in , will be received by the Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , where they will be opened publicly and read aloud at ' 2 : 00 PM . All bids received after 2 : 00 P . M . , . of the day specified above , will be returned unopened . ' UTILILTIES ASSESSMENT PROJECT NO . UCP# 2208 INDIAN RIVER COUNTY BID # 6069 CONSTRUCTION OF NORTH COUNTY R/O PROJECT - PHASE II ' All material and equipment furnished and all work performed shall be strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from the Indian River County Utilities Department, 1840 25th Street , Vero Beach , Florida 32960 (772- ' 567-8000 x1823 ) . Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County in the amount of Fifty Dollars ($ 50 . 00 ) for each set, which represents the cost of printing , handling and ' mailing and is non-refundable . Questions regarding the project should be directed to Michael Hotchkiss , P . E . , at 772-567-8000 , Ext . 1821 . ' All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID BOND must accompany each Bid , and be properly executed by the Bidder and by a qualified surety , or certified check or cashier' s check on any bank authorized to do ' business in the State of Florida , in the sum of not less than five percent (5% ) of the total amount of bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the ' required Performance and Payment Bond . If he fails to do so , he shall forfeit the said Bid Bond as liquidated damages . The County reserves the right to delay awarding of the Contract for a period of sixty (60 ) 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 . A Pre-Bid Conference meeting will be held on Friday, May 7th at 1 : 00 P . M . , 2004, in the Conference Room of the Indian River County Purchasing Department located at 2625 19th ' Avenue , Vero Beach , Florida 32960 . This meeting is NON-MANDATORY. NDIAN RIVER COUNTY ' PURCHASING MANAGER 00020 - 1 1ADVERTISEMENT FOR BID F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00020 Advertisement For Bid .doc SECTION 00100 INSTRUCTIONS TO BIDDERS ( Based Upon EJCDC No . 1910 - 12 , 1983 Ed . ) 1 . DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract ( No . 1910 -8 , 1983 ed . ) have the meanings assigned to them in the General Conditions . The term "Bidder" means one who submits a bid directly to Owner, as distinct from a sub- bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest , qualified , responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided ) makes an award . The term "Bidding Documents" includes the Advertisement or Invitation to Bid , Instructions to Bidders , The Bid Form , and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids ) . 2 . COPIES OF BIDDING DOCUMENTS 2 . 1 Complete sets of the Bidding Documents in the number and for the deposit sum , if any, stated in the Advertisement or Invitation to Bid may be obtained from Engineer. 2 . 2 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 . 3 Owner and Engineer, in making copies of Bidding Documents available on the above terms , do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents , 3 , QUALIFICATIONS OF BIDDERS r To demonstrate qualifications to perform the work , each Bidder must be prepared to ' submit , within five days of Owner's request , written evidence , such as financial data , previous experience , present commitments , and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period . 00100 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders.doc 4 . EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4 . 1 It is the responsibility of each Bidder, before submitting a bid , to (a ) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress , performance , or furnishing of the work , (c) consider federal , state , and local laws and regulations that may affect costs , progress , performance , or furnishing of the work , (d ) study and carefully correlate Bidder's observations with the Contract Documents , and (e ) notify Engineer of all conflicts , errors , or discrepancies in the Contract Documents . 4 . 2 Reference is made to the Supplementary Conditions for identification of: ' 4 . 2 . 1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents . Bidder may rely upon the accuracy of the technical data contained in such reports , but not upon non -technical data , interpretations , or opinions contained therein or for the completeness thereof the purposes of bidding or construction . To obtain access to the site , the following shall be contacted : Art Pfeffer, Project Specialist, Indian River County Department of Utility Services 772 -567 -8000 x1826 4 . 2 . 2 Those drawings of physical conditions in relation to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents . Bidder may rely upon the accuracy of the technical data contained in such drawings , but not upon the completeness thereof for the purposes of bidding or construction . Copies of such reports and drawings 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 Paragraphs 4 . 2 . 1 and 4 . 2 . 2 are incorporated therein by reference . Such technical data has been identified and established in the Supplementary Conditions , 4 . 3 Information and data reflected in the Contract Documents with respect to 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 or others , and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions . 4 .4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions , underground facilities and other physical conditions , and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4 . 2 and 4 . 3 of the General Conditions . ' 00100 . 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders .doc 4 . 5 Before submitting a Bid , each Bidder will , at Bidder's own expense , make or obtain any additional examinations , investigations , explorations , tests , and studies , and obtain any additional information and data which pertain to the physical conditions (surface , subsurface and underground facilities ) at or contiguous to the site or otherwise which may affect cost , progress , performance , or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time , price and other terms and conditions of the Contract Documents . 4 . 6 On request in advance , Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid . Bidder shall fill all holes , clean up , and restore the site to its former condition upon completion of such explorations . 4 . 7 The lands upon which the work is to be performed , right-of-way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents . All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by and paid for by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents . 4 . 8 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 Contract Documents and such means , methods , techniques , sequences or procedures of construction as may be indicated in or required by the Contract Documents , and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work . 5 . INTERPRETATIONS AND ADDENDA 5 . 1 All questions about the meanings or intent of the Contract Documents are to be directed to the Utilities Department staff — Michael C . Hotchkiss , P . E . , Capital Projects Manager with the Indian River County Department of Utility Services 772 -567-8000 x1821 . 5 . 2 Interpretation or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents . Questions received less than ten days prior to the date for the opening of Bids may not be answered . Only questions answered by formal written Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect. 5 . 3 Owner or Engineer may also issue addenda to modify the Bidding Documents as deemed advisable . 00100 - 3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders .doc 6. BID SECURITY 6 . 1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5 . 1 of the General Conditions , 6 . 2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within fifteen days after the Notice of Award , Owner may annul the Notice of Award , and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the Agreement or the sixty-first day after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . Bid security with bids which are not competitive may be returned before the end of the sixty-day period . 7 . CONTRACT TIME The number of days within which , or dates by which , the work is to be substantially completed and also complete and ready for final payment (the Contract Time ) are set forth in the Bid Form and the Agreement. 8 . LIQUIDATED DAMAGES Provisions for liquidated damages , if any, are set forth in the Agreement. 9 . SUBSTITUTE OR "OR EQUAL" ITEMS The Contract , if awarded , will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items . Whenever it is indicated in the Drawings or specified in ' the Specifications 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 Paragraphs 6 . 7 . 1 , 6 . 7 . 2 , and 6 . 7 . 3 of the General Conditions and may be supplemented in the General Requirements . 10 . BID FORM 10 . 1 The Bid Form is included with the Bidding Documents ; additional copies may be obtained from Engineer (or the issuing office ) . 00100 - 4 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders .doc 10 . 2 All blanks on the Bid Form must be completed in ink or by typewriter. 10 . 3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign ) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature . 10A Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature , and official address of the partnership must be shown below the signature . 10 . 5 All names must be typed or printed below the signature . 10 . 6 The Bid shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Form ) . 10 . 7 The address and telephone number for communications regarding the Bid must be shown . 11 . SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope , marked with Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) and name and address of the Bidder and accompanied by the Bid security and other required documents . If the Bid is sent through the mail or other delivery system , the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 11 . 1 The Bidder shall submit the Bid in duplicate on the forms , or an exact copy of the forms , furnished herewith . The blank spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted . 11 . 2 The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer. Contract Documents are not transferable to other parties for bidding purposes . Bids received from firms whose names are not recorded by the Owner or the Engineer as having secured documents for this Contract will be rejected . 12 . MODIFICATION AND WITHDRAWAL OF BIDS 12 . 1 Bids 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 at any time prior to the opening of ' Bids . 00100 - 5 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders .doc 12 . 2 If, within two business days 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, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents , 13 . OPENING OF BIDS Bids will be opened and (unless obviously non -responsive ) read aloud publicly. An abstract of the amounts of base Bids and major alternates ( if any) will be made available to Bidders after the opening of Bids . 14 . BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for sixty days after the day of the Bid opening , but the Owner may, in its sole discretion , release any Bid and return the Bid security prior to that date . 15 . AWARD OF CONTRACT 15 . 1 Owner reserves the right to reject any and all Bids , to waive any and all informalities not involving price , time , or charges in the work , and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming , non -responsive , unbalanced , or conditional Bids . Also , Owner reserves the right to 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 the Bidder, whether because the bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated 1 sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . ' 15 . 2 In evaluating Bids , Owner will consider the qualifications of the Bidder, 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 . 15 . 3 Owner may consider the qualifications and experience of subcontractors , suppliers , and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors , suppliers , and other persons and organizations must be submitted as provided in the Supplementary Conditions . Owner may consider the operating costs , maintenance requirements , performance data and guarantees of major 00100 - 6 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders .doc items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award . 15A Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility, qualifications , and financial ability of Bidders , proposed subcontractors , suppliers , and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time . 15 . 5 If the Contract is to be awarded , it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 15 . 6 If the Contract is to be awarded , Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening . 15 . 7 More than one Bid from an individual , firm , partnership , corporation , or association under the same or different names will not be considered . Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested . Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders , and no participants in such collusion will be considered in future proposals for the same work . 15 . 8 Within ten ( 10 ) calendar days of the date of award of the Contract, the Bidder to whom the Contract is awarded shall execute and deliver the necessary documents entering into the Contract with the Owner. Payment Bond for the total amount of the Bid and Performance Bond for 125 % of the Bid shall have been furnished , executed , and delivered before the Owner will execute the Contract. 15 . 9 Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract and the Surety Corporation Bond in the manner and within the time provided shall be just cause for annulment of the award and for the exclusion of the Bidder from bidding on subsequent projects , at the Owner's discretion . It is understood and agreed by said Bidder, that if the award is annulled for the above persons , the certified check or Bid Bond shall become the property of the Owner, not as a penalty, but as liquidated damages . 16 . CONTRACT SECURITY Paragraph 5 . 1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds . When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds . 00100 - 7 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders.doc The Performance Bond shall contain a specific provision that delay damages are covered by the Performance Bond . 17 . SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached . Within ten days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with required bonds . Within a reasonable time thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the drawings with appropriate identification . END OF SECTION 00100 - 8 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00100 Instruction To Bidders .doc SECTION 00310 BID FORM (Based Uport EJCAC No . 1910-18 , 1983 Ed .) PROJECT IDENTIFICATION : DISCHARGE OUTLET AND RIP RAP SPILLWAY MAT NORTH COUNTY R/O PROJECT PHASE 11 BID NO. 6069 THIS BID IS SUBMITTED TO : Indian River County 2625 19th Avenue Vero Beach , FL 32960 1 . The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents , 2 . 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. This Bid will remain subject to acceptance for sixty days after the day of Bid opening . Bidder will sign and submit the Agreement with the bonds and other documents required by the Bidding Requirements within ten days after the date of Owner's Notice of Award . 3 . In submitting this Bid , Bidder represents , as more fully set forth in the Agreement, that: (a ) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged ): Date Number a CH 1 00310 - 1 FAUtilitles\UTILnY - ENGINEERING\WTP - North RO\N RO Brine Llne Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00310 Bid Form.doc b Bidder ( ) has familiarized Itself with the nature and extent of the Contract Documents , the work, site , locality, and all local conditions and laws and regulations that in any manner may affect cost, progress , performance or finishing of the work . (c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in Paragraph SC 4 . 2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawing's upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress , performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents , including specifically the provisions of Paragraph 4.2 of the General Conditions ; and no additional examination , investigations , explorations , test, reports , studies _ or similar information or date or will be required by Bidder for such purposes . (e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or — contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price , within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4 . 3 of the General Conditions . (f) Bidder has correlated the results of all such observations , examinations, investigations , explorations, tests , reports and studies with the terns and conditions of the Contract Documents . (g) Bidder has given Engineer written notice of all conflicts , errors or discrepancies " that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h ) This bid is genuine and not made in the interest of or on behalf of any undisclosed person , firm , or corporation 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 person , firm or corporation to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 00310 - 2 F:1UUIIUes1UTILITY - ENGINEERINGIWTP - North ROW RO Brine Line Discharge - UCP#22081BID DOCUMENTS North County RMID DOCUMENTS100310 Bid Form.doc 4 . Bidder will complete and include with the bid the Schedule of Bid Items (Bid Proposal ) attached to this Proposal . The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids . The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments thereunder, will be based upon the actual quantities placed into the work . 5 . Bidder agrees that the work will be completed in accordance with the following time frame : (a ) Within 7 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work . 5 . Mobilize all labor, equipment, and materials . 6 . Deliver and store all equipment and materials to the job site . 7 . Notify all utilities and other affected parties prior to initiating construction . (b ) From 8 calendar days to 21 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install all pipe and appurtenant items . 2 . Perform all testing . 3 . Restore all disturbed areas to their pre-construction condition . 4 . Correct all deficiencies noted by Engineer. Completion of all tasks outlined above ( i . e . , Subparagraphs a and b ) constitute Substantial Completion . C) From 22 calendar days to 28 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract close-out procedures . Completion of all tasks outlined above (i . e . , Subparagraphs a , b , and c) constitute Final Completion , 6 . The following documents are attached to and made a condition of this Bid : (a) Schedule of Bid Items . (b ) Required Bid Security in the Form of Insurance . 00310 - 3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00310 Bid Form .doc 7 . Communications concerning this Bid shall be addressed to : Michael C . Hotchkiss , P . E . Capital Projects Manager (772 ) 567-8000 x 1821 The address of Bidder indicated below is as follows : 1360 SW OLD DIXIE HIGHWAY # 106 VERO BEACH , FLORIDA 32962 8 . The terms used in this Bid which are defined in the General Conditions of the Construction Contract include as part of the Contract Documents have the meanings assigned to them in the General Conditions , SUBMITTED ON : 00310 - 4 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00310 Bid Form .doc v. Indian River County Department of Utilities Project: DISCHARGE OUTLET AND RIP RAP SPILLWAY BID FORM 00310-5 MAT NORTH COUNTY R/O PROJECT-PHASE II Indain River County Bid No. 6069 UCP No. 2208, WIP No. 472-000400469400-02509 March 30, 2004 Bid Bid Item Estimated Unit of Unit Total Item No Description Quantity Measure Price Price A. Mobilization (See Section 01025) 1 LS B . Furnish & Install 16 Pipe (DIP & HDPE) 110 LF � t Z b Sn C. Furnish & Install All Fittings 1 LS 13 L �8� `" D Furnish & Install Fabri Form Concrete 1 , 127 sq.RipLS d. 73 VIU E Clearing, Grubbing, Removal of Muck, 1 LSAW Debris & Disposal at Landfill ZSVe Itts bgd F. Grassing (Topsoil & Sod, in kind) 750 sq. ft. LS � "0 _ y �d o0 G. Record Drawings; As-Built Survey 1 LS d 600 � "/d lib JH . Indian River County Force Account $259000.00 $25 ,000 .00 L TOTAL CONSTRUCTION COST (Items A + The unit price bid for furnishing and installation/construction of discharge outlet and spillway mat shall Include, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, removing, disposing of and replacing unsuitable (i.e., plastic or organic) material , dewatering, installation of pipe and all appurtenances, fittings, restrainers, filling trench, soil compaction, hydraulic testing, and restoration of grassing. All materials and installation shall be per Indian River County Utility Standards and Specifications unless otherwise noted in the bid documents. Contractor will be provided with a copy of construction plans in AUTOCADD format, which includes location reference to state plane coordinates to use in preparing Record Drawings. �031 � - 5 CormrWor$ BW It" List Trench Safety Bidder acknowledges that included in the various items of the Proposal and in the total Bid Price are costs for complying with the Florida Trench Safety Act (90-96 , Laws of Florida ), effective October 1 , 1990 . Bidder further identifies the costs to be summarized below: Trench Safety Units of Measure Unit Unit Cost Extended Cost Measure (Quantity) (Description ) A. .r It. jiIIII. SO © 19c7 Be C . D . Total Failure to co let he above may result in the Bid being declared non-responsive . , 00 , 11 , 111111 Signature Address (Street) Llery Tit1d Address (City, State , Zip) G 0 License Number (If Applicable ) Date (SEAL — if Bid is by a corporation ) ATTEST: 00310 - 6 FAUtilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ROOD DOCUMENTS\00310 Bid Form .doc If Bidder is : AN INDIVIDUAL By: N /A (SEAL ) ( Individual 's Name ) Doing business as : Business address : Phone Number: If Bidder is : A PARTNERSHIP By: N/A (SEAL ) (General Partner) Business address : Phone Number: 00310 - 7 F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00310 Bid Form.doc If Bidder is : A CORPORATION jBy:. TIMOTHY ROSE CONTRACTING . INC . (Corporation Name ) FLORIDA (State of Corporation ) By:. TIMOTHY ROSE ( Name of Person Authorized to Sign ) PRESIDENT (Title ) (Corporate Seal ) ATTEST: Business address : 1360 SW OLD DIXIE HIGHWAY # 106 VERO BEACH , FLORIDA 32962 BY: (SEAL ) (General Partner) Business address : If Bidder is : A JOINT VENTURE By:. N/A ( Name ) (Address ) By:. ( Name ) (Address ) ( Each joint venturer must sign . The manner of signing for each individual , partnership and corporation that is a part to the joint venture should be in the manner indicated above . ) 00310 - 8 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00310 Bid Form .doc SWORN-"STATEMENT UNDER SECTION 287 . 133 (3)(a ) FLORIDA STATUTES , ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths . ) STATE OF rloalCIO, COUNTY OF X-080c, 61 \*(_ee Before me , the undersigned authority, personally appeared G , who , being by me first duly swom , made the following statement: 1 . The business address of I SIpo SW mx) Owl (name of Bidder or Contractor) is 2 . My relationship to 1"tr,nnij, u (name of Bidder or Contractor) is *Tresi Cho 4 (relationship , such as sole proprietor, partner, president, vice president) . 3 . 1 understand that a public entity crime as defined in Section 287 . 133 of Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any Bid or Contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud , theft, bribery, collusion , racketeering , conspiracy, or material misrepresentation . 4 . 1 understand that "convicted" or "conviction " is defined by the statute to mean a finding of guilt or a conviction of a public entity crime , with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1 , 1989 , as a result of a jury verdict, nonjury trial , or entry of a plea of guilty or nolo contendere . 5 . 1 understand that "affiliate" is defined by the statute to mean ( 1 ) a predecessor or successor of a person or a corporation convicted of a public entity crime , or (2) an entity under the control of any natural person who is active in the . management of the entity - and who has been convicted of a public entity crime , or (3 ) those officers , directors , executives , partners , shareholders , employees , members , and agents who are active in the management of an affiliate , or (4 ) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months . 6 . Neither the Bidder or Contractor nor any officer, director, executive , partner, shareholder, employee , member or agent who is active in the management of the Bidder or Contractor nor any affiliate of the Bidder or Contractor has been convicted of a public 00310 - 9 F:\UtllitleMUTILITY - ENGINEERINGIWTP - North ROW RO Brine Une Discharge - UCP#22081BID DOCUMENTS North County ROXBID DOCUMENTS100310 Bid Form.doc sequent to July 1 , 1989 . entity crime sub (Draw a line through Paragraph 6 if Paragraph 7 below applies) 7 . There has been a conviction of 11 1111entity crime by the Bidder or Contractor, or an officer, director, executive , pa , shareholder; employees , member or agent of the Bidder or Contractor who is activ a management of the Bidder or Contractor or an affiliate of the Bidder or Contract determination has been made pursuant to Section 287 . 133 (3 ) by order of the ' Ision of Administrative Hearings that it is not in the public interest for the name of the c cted person or affiliate to appear on the convicted vendor list. The name of the co ed person or affiliate is A copy of the order of the Division o ministrative Hearings is attached to this statement. w a line through Paragraph 7 if Paragraph 6 above applies ) Sworn to and subscribed before me in the state and county first mentioned above on the - 6(.day of 72004 . (affix seal ) Notary PubkcJ tiG 12 2005 My corl4hission expires END OF SECTION 00310 - 10 F.%UtlUUes\UTILITY - ENGINEERING\WTP ' - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00310 Bid Form.doc • .. . lu JJ44JJJUJe bbb INC . 0. Paces e2 SECTION 00430 - BI p OND 4 KNOW ALL MEN BY THESE PRESENTS, that we Timothy ROse Contract i nn I810pQR'SNAML') ,r. -t-x► r . as Principal, end _ Developers Surety b Indemnity Company iSUR6,TY'814") a corporation duly organized under the taws of the State of kINA as a Surety with its principal offices in the City of l r v 1 n e , C A and authorized to do business In the State of Florida. are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter celled the OWNER) in the penal sum of Five Percent of Bid Amount _ _.., _ _ Dollars ($_5 x o f _Bid ), lawful money of the United Steles , amounting to 5% of the total bid price, for the payment of which sum well and truly be mode, we bind ourselves, our heirs , executors, administrators, and successors , jointly and severally, firmly by these presents . Whereas said Principal is herewith submitting a Bid dated M� . , 20 PA, for the construction of: Project Name: Discharge Outlet and Rip Rap Spillway Mat North County R / O County Projebt Number 6 0 6 9 P r o t e c t Phase 11 Pr*X1 Adams* Project Description: Discharge Outlet b Rip Rap Spillway NOW WHEREFORE . the condition of the above obligation is such that if the Principal does not 0 P withdraw said Bid within the period of time sat forth In the Bid Documents , and on or beforo the fifMenth day after the Notice of Award , the Principle enters into a written contract with the OWNER in accordance with the Bid as accepted, and if the principal gives the required bonds with good and sufficient sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and suppliers, then this obligation shall be null and void. Otherwise, the Principal and Surety, Jointly and oevorally, shall on or before the sixtieth day atter request by the OWNER , pay to the OWNSR in money, the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the • 'latter amotmt is greater then the former, together with any expense and reasonable attorney less , including appellarte proceedings, incurred by the OWNER if suit is brought harnon , but in no event shall Surety's liability exceed the penal sum hereof plus such expanses and attorney's fee9 . IN WITNESS WHEREOF , the above-bound parties have executed this inatrument under their several seats this 2 6_ day of M e y , 20 0 4 , the name and corporate sear of each corporate party being hereto affixed and these presents duly signed by Its undersigned representative pursuant to authority of Its governing body t/04101 eta BOND 04304 flPkMr, WeHOW001 1 ►1a1x WOW • 43rd Av0AuWo0'NTRA0T OQCUMHd S61d 90nd•d6e • •V - fir. a - - � U JJ44JJJUJ % BBB INC PAGE 03 AyMMRMiiNi11MM•�w�Miw/1iiMr+•1RfANMy��/�nRNAiM+kaMlk*nwr, � frwaRa�Arww/t�aa1M+FRwi •ttww� *w��wrwratrtt�� • y . "EN.THE PRINOIOAL 18 AN IND1V1011A�t ; Signed, sobied, and delivered in the presenoe of: Witness. -- Signature of Individual Address Printed Name of Individual Witness i Address •�•�4wNw/1•'H��AMMMM�'I44ARMw/�P• �NNN�q�MN�►'/q1A'MI�M�M4�/Wq•''/.����/w/�I/1"111RI/N�•�f•Mi�\fMN11/NMMNM+ )"QN_Y_HE PRINCIP196IB• A SOLE PROISIUORSHIP OR , OMR&J&S U DkR AI RADE NAME ; Signed, sealed and delivered in the presenoo of: i Witness Name of Entity l i BY, Address Principal Printed Name of Principal Witness (SEAL) Address remainder of this a was left blank Intentionally) i � t�9 Y9 . i 3104141 81D BONG 0430.2 FAPuMc work kap "90410ob • 48ad k M =NMCT oaCUM@NTs*id SIM X oc INC PAGE 84 1r�wrA•Mk4►+M•+A/iew•iiAKa4A••••�•sAw•Nr.rM•wRA11r1.4•IiANM1/1RM�t�*�i1111ts#A �• •Fp �rAANflrrfllM'M'MwitM'dA'F�tN+rM ! ap WHEN P&fft CMAL iS A PARTNERSHIP : Signed, seated and delivered in the press encs of; - Name of P"e►ahip I BY: Address Partner IPrinted Name of Partner Witness (SEAL) Address •ren•.,••wr►www ••+•.+•.••r►R••••r•4••••w•N1••M�NNR+MM14rpAM.Kkr.r*rsF1A44Mh•AwfA•r•MrMYN •�•rv►AtiM4rAhr+MM*Mr WA EENN,;rHE MINCIPAL is A c RPOMAYrQ►N : Attest: Timothy Rose Contracting , Inc . secretary Name of Co 13Y: (Affix Corporate SEAL ) Timothy Rose Printed Name President a Official TWO I' S GWIFICATE AS TO QMPORATE PM 4CIE6L I , certffy that I am the Secx+etsry of the corporation named as Principal `J In the within bond, that •, who signed the said bond on behslf of the Principal was then of said corporation : that 1 knew his signature, and his signature thereto is genuine; and that said Bond was duly signed, scaled and attasted for end on behalf of Said corporation by authority of Its govenning body. Secretary (SEAL) S/04101 SID BOND 04304 FeOuNk wo"ictpiw Proleftioao • 43rd Ava Wa=NTRACT 000UMENTSkeld Safid.dot - • 1 u .: JYtJ .JJJJ1ibJi 1NC PAGE 05 TQBF EXEQQT ,D B,Y CORP $ATE -SURETY: Developers Surety i4 Indemnity Company x W n e s s Corporates Surety 150 South Pine Island Roads Ste 115 Pt nn rf q2-294 IYLA9� s ddrees Robert Barra Attorney In Fact (Aff• orpor+ato SEAL) ' Attorney-In-Fact Robert Barra � Bob Barra Bonds , Inc . 'Neme of Local Agency 9373 West Semple Road Ste 206 Coral Springs , Fl 3309 . Business Address ' SPATE OF FLORIDA COUNTY OF iNDIAN RIVER Wore met a Notary Public, duly oarnrnlssioned. qualified and acting, perswslly appeared Robert Barra to me well known, who being by me first duly sworn upon oath, says s that he is the attomey4n4aat for the Deyetopers S u ret ,%ndd that he has been authorized by Attached Power tg ,r� "W"WnbtVaa1bfi behalf of the CONTRACTOR narrad therbin infavo o e�CJdnty of Indian River, Florida . Subscribed and sworn to before me .thia . 2 6 , day of May 20 4 i.. Notery Public , a of lorida My Commission Expires: '' ra►nmr HMW • -MY COMMIsston DD040056 E)Ores August 12, 2M5 •,f1*1 *flow1/w1.wNa ****A►M"Opt„1rMMM M,►HwP�0��1 ►��•��M�fM�+�1 ��•►�f�o��MM�M4MMw Mai BID BOND 0430 4 Ft1R'uWIc. WorlatCsptal r'ra)aerlCein - 43rd AwnvehCaNTIanCT oOCUMENTS181d epnd.dpc I J :J4GJJ `Jt3:Jf b}j):} INC PAGE 06 Any claims under this bond shall be eddrtssed► to : Name >➢r1d address of Surety; Developers Surety 8 indemnity Company 150 South Pine island Road St 5 e Playtpt5.011.. - EI 133324 _ - Name and addius of agent or representalive In Florida If different from above: Bob Barra Bonds , I_nc . 9373 West Sample . Road , - Ste - 2- 06 Coral Springs , FL 33065 Telephone number of Surety and ' agent or representative In Florida. (. 954m )45 4 _m ) 255 . 9855 • END OF SECTION * w { , � r 5104101 BID BOND 00430-5 ' F.VMO WefkAlCa NM Pro)"b%0610 43rd AvenuaACONTRACT COMMINTMOIJ 6ond.doc . 8801587 PAGE e7 POWER OF ATTORNEY FOR DEVEWPERS SURETY AND xNDRMV)iTY COMPANX PO BOX 19725, IRVINE„ CA 92623 or (9&9) 263.3300 P www. (r�t:gAiM.cnm KNOW ALL MIN SY THESE PRESENTS. that except as txptesdy limited, DEVELOPERS $IIRETY AND INDEMNITY COMPANY doers hereby make. constifnic and appoint: * * * Robert Barra * * * *1 11, Ince and l wful Altorncy(s)oin•P'Act, to make. execute, deliver and acknowledge, for and nn behalf of said corporation on mutely. bon&. undertakings and cvintnete or suretyship giving and gmntht(t unto Said Attorney(s)•in•Fxct full powat and anlhotily to do and 10 perto m every act nactmary. requisite or praptt to be tone in cotmection therewith ap the CarpotallMr could der, huh resetving 10 the corporation hill power of suh:elilotion and revncaiinn , and all of the acts tir said Allurney(p)•ia•Focl, putSunnt M theme Prcxcnlx. me htteby mtifitd and confirmed. This Power of Altnrney iA ptanted end is signed by fncximile under and by authority of the following re. olalion adopted by rbc Bnard of Difectortr M DEVELOPERS SURETY AND INDEMNITY COMPANY tffective as of November 1 . 2 WU1: RESOLVED, that rhe Chni►man of the board. the Prcmdem nad any vice President taf the corporation be . aro that each of them herehv k, Authoriztd to exccate Pnwera n( Alktrney, gtrelifyiag Iht A1Mfoey(s}in• Fact named in the Powers of Attorney In exmile. M behalf of the corporathM. bench. trade 0frigs and contracts M Aurelyship: and That the Secrelnry of rm}• Assipanl Secretary of the curpontion be, and tach of them hereby Is. trultntizcd to Alletl the eatcuiiOtl Of ally Rich Power of Anoraey RESOLVED, FURTHER, that lite rignnturcw of such officer+. fav be affixed to any such Power of Atlornty or to nnv eertifienic rclatinp thereln by (Aedmile, 4110 any such Power of Attorney or ettlifieate hearing such fncslmile Aipnatrt►es phell be valid Ovid hindhtg upon the ctxporali(M when per affixed and In the fulurc with respect to any bond. undertaking of eomtm-t of wtenphip to which it ix altached, IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caned these preycmr ttt he pigned by its respective E,xect,live Vice Prestdem and allemed by its Secretary this 7th day or Nnvcmbcr, 2flttl8 y ANDBY! Czz f David H. RlxtdCA, F1,cculivc Vice PteAtIcnt eA� `aaPOR j OCT, us �� Pn i3yr �' '� V ' �� O,,ioW ►�,.•��► Walter A. Crmumll, Seveinty `� '� ••• STATE OF CALIFORNIA ) �S. COUNTY OP ORANGE On November 7, 2001 , before me, Antonio Alvarado, permtmnlly appeared David H , Rhc*P and Walter A. Crmrell, penartally known to me (or proved to filo on the hosis of Antisfet tory evidence) to be the pCMMP whoPe names fire Stt(tscribed to the within humImMetil and acknowledged in me that they executed the same in their nulhorlaed capndks, and Oat by Their signowres on the Insmment the entity upon behalf of whkh the peacoat aped, executed the imnrntncnt. WITNESS my hand and uffrciel mal ANTOWIO ALVARADO 46 COMM.COMM. "800303 Naltary Sigrmhtrc CRANOe COUP L j AW Grants. fatPkn APRIL +0. 2005 4 Boom CERTIFICATE The undencigned. as Chief Opere14119 Orfiee► of DEVELOPER $ $011FTY AND INDP.MNYTY COMPANY, deter hereby ce►Ilfy that the foregoing Power of Attorney remains in full force and lilac not been revoked. and furthermore , that the provlAions of rhe resalnNnn of the respeelivu Bonrdp of [lirccrnnr of amid corporation rel forth In the Power of Ant+moy. l► in force at, of the date of rhk fkrlifirnrc. Thip Ccrtificare In extemed in the City of Irvine. Cnlifomia, the 26 day of M B Y 2004 David G , Lane, Chkf Operating Officer ID• 14M (DSI) ( 11/01 ) SECTION 00452 - Disclosure of Relationships r, THIS FORM MUST BE SIGNED JN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS , This sworn statement is submitted with Bid , Proposal or Contract No 1 . This sworn statement is submitted by: � ,rnr5i , LA (Name of a dty su mltting sworn statement) whose �bysiness address is : I (o (� L,1 of 6 zg xl p,, 6W NL V f fma. and (if applicable) its Federal Employer Identification Number (FEIN ) is (oS 4:j;kwSc):q O�L ( If the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement 2. My name is (Please print name of individual signing) and my relationship to the entity named above is 3 . 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. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-iri law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister4n4aw, stepfafher, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5 . 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 relationships as defined in Section 105 . 08 , Indian River County Code , with any County Commissioner or County employee . 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 : 00452 - 1 00452 - Dlsdosure of Relatlonships.doe F:WtllitteMUTIIITY - ENGINEERINGIWTP • North ROW RO Brine line Discharge - UCP#22001BID DOCUMENTS Nath County ROWD DOCUMENTS100452 - Disclosure of Relationships.da; Rev. 05/01 . r: Name of Affiliate Name of County Relationship or Entity Commissioner or employee 1 . 2. 3 . 4 . 5 . 6 7 . 8 . ( gnature) y (date) STATE OF -' L COUNTY OF Snd an ul P 12 — Personally appeared before me , the undersigned authority, �►� t5 who after first beings om by me , affixed his/her signature in the space provi ed above on this � V day c , 20 0q4 'Y� A q4 v*' 01"' Tammy A hlowrd Notary Public, at large • -My C.wwUWm OD04W My Commission Expires : Oyu aoo� �%at/ E • AWL* JZ =0 t * * END OF SECTION 00452 - Disclosure of Reladonshlps.doc 00452 - 2 F1UBIItles%UTILITY - ENGINEERINGIWTP • North ROW RO Brine Line Discharge - UCP#=0WZ1D DOCUMENTS North County ROWO DOCUMENTSW0452 • Disclosure of Relstlonships.doc Rev. 05/01 SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required . Documentation Submitted with the Bid No: IL.DD 189 for 014xlhGarq e 04 1 . Contractor's Name / Address : 'Tinpojob o t. 2 . Contractor's Telephone & FAX Numbers : 0t'1a 6LA 3 . Contractor's License No: C 06 aq y 0 4 . Number of years as a Contractor in construction work of the type involved in this contract: �LtS 5. What is th�q, last project of this nature that you have completed? xrnir& Ibi � �[ .- - 6 . Have you ever failed to complete work awarded to you , and if so where Y � and why? Wh 7. List the names and titles of ALL officers of Contractor's firm : Coe �resl M 8 . Name of person who inspected site or proposed work for your firm . Name : �iI'1f10-1'hs nste Date of Inspections : NOTE: If requested by the County, the Bidder shall furnish a notarized financial statemen Information, sufficiently comprehensive to permit an appraisal of his current financf o lreferences tioenand other By. (Slgnatu (Position or Title Le(Date) �� 00456 - 1 FAUtilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00456 General Infonnation required of Bidders.doc SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT dated the day of Ain the year 2004 by and between Indian River County, a political subdivision ofState of Florida (hereinafter called OWNER) and TIMOTHY RO ONTRA TIN , INC -(hereinafter called CONTRACTOR) . OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 . WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows : Construction of approximately 1 , 127 square yards of fabric formed concrete rip rap , 40 feet of 16 " diameter HDPE pipe and approximately 70 feet of 16 " diameter Ductile Iron Pipe on the North Relief Canal south bank , approximately 2/ 10 of a mile west of the FEC railroad tracks in Indian River County, FL . Construction consists of, but is not limited to , coordination with any permitting agencies , trenching , dewatering , installation of pipe with fittings and all appurtenances , restrainers , soil compaction , hydraulic pressure testing (to insure piping will not leak) , and restoration . All piping shall be per Indian River County Utility Standards and Specifications . CONTRACTOR, as an independent contractor and not as an employee , shall furnish , for the sum amount of $ 183, 046 . 06 . 00 , all of the necessary labor, material , and equipment to perform the work described above in accordance with the Contract Documents , ARTICLE 2 . ENGINEER The project has been designed by Indian River County Utilities Department, hereinafter called ENGINEER , and who is to 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 completion of the work in accordance with the Contract Documents . ` 00530- 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc ARTICLE 3 . CONTRACT TIME . 3 . 1 The work will be completed in accordance with the following time frame . (a ) Within Z calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work . 5 . Mobilize all labor, equipment, and materials . 6 . Deliver and store all equipment and materials to the job site . 7 . Notify all utilities and other affected parties prior to initiating construction . (b) From 8 calendar days to 21 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Install all pipe and appurtenant items . 2 . Perform all testing . 3 . Restore all disturbed areas to their pre-construction condition . 4 . Correct all deficiencies noted by Engineer. Completion of all tasks outlined abovei . e . , Subparagraphs a and ( b ) constltutes Substantial Completion . ( b ) From 22 calendar days to 2$ calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract closeout procedures . Completion of all tasks outlined above (i . e . , Subparagraphs a , b , and c) constitute Final Completion , 3 . 2 Liquidated Damages . OWNER and CONTRACTOR 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 3 . 1 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . They 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 four-hundred and fifty 00530-2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc dollars ($450 . 00) for each da that expires after the times i Y ex p specified In Paragraph 3 . 1 for 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 four-hundred and fifty dollars ($450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE . 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ 183 , 046 - 96 , 046 ARTICLE 5. PAYMENT PROCEDURES . 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 , 5 . 1 Progress Payments . OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER , on or about the 30th day of each month during construction as provided below. The OWNER shall retain ten ( 10) percent of the payment amounts due to the CONTRACTOR until final completion and acceptance of all Work to be performed by the CONTRACTOR under the Contract Documents . Each request for a partial payment shall be submitted on an Application for Payment Form , which shall be accompanied by an executed copy of the Certification of Contractor. The OWNER WILL provide the forms . All progress payments will be on the basis of the progress of the work measured by the schedule of values established in Paragraph 2 . 9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed ) , or, in the event there is no schedule of values , as provided in the General Requirements . 5 . 1 . 1 Prior to Substantial Completion , progress payments will be made in an amount equal to the percentage indicated below, but, in each case , less the aggregate of payments previously made and less such amounts as ENGINEER shall determine , or OWNER may withhold , in accordance with Paragraph 14 . 7 of the General Conditions . 50% of materials and equipment not incorporated in the work (but delivered , suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 14 . 2 of the General Conditions ) . 5 . 2 Final payment. Upon final completion and acceptance of the work in accordance with Paragraph 14 . 13 of the General Conditions , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said 00530-3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor. doc Paragraph 14 . 13 . ARTICLE 6 . INTEREST. Not Applicable , ARTICLE 7 . CONTRACTOR'S REPRESENTATIONS . In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations : 7. 1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents , work, site , locality, and all local conditions and laws and regulations that in any manner may affect cost, progress , performance or furnishing of the work . 7 . 2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4 . 2 of the General Conditions , and accepts the determination set forth in Paragraph SC-4 . 2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7 . 3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports and studies (in addition to or to supplement those referred to in Paragraph 7 . 2 above ) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress , performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 2 of the General Conditions ; and no additional examinations , investigations , explorations , tests , reports , studies or similar information or data are or will be required by CONTRACTOR for such purposes . 7 .4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities ' at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , 00530-4 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc including specifically the provisions of Paragraph ph 4 . 3 of the General Conditions . 7 . 5 CONTRACTOR has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents , 7 . 6 CONTRACTOR has given ENGINEER written notice of all conflicts , errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . ARTICLE 8 . CONTRACT DOCUMENTS . The Contract Documents , which comprise the entire agreement between OWNER and CONTRACTOR concerning the work , consist of the following : 8 . 1 This Agreement (Section 00530 ) . 8 . 2 Performance and other bonds (Sections 00610 and 00620) . 8 . 3 Notice of Award and Notice to Proceed . 8 . 4 General Conditions (Section 00700) . 8 . 5 Supplementary Conditions (Section 00800 ) . 8 . 6 Specifications bearing the title "North Coiin y R/U Prouect - Phacp n " 8 .7 Drawings , inclusive with each sheet bearing the followinggeneral title title " 9 Nerth Ceun y RIO Proyect — PhacP II " 8 . 8 Addenda numbers 1 tot, inclusive . 8 . 9 Indian River County Water and Wastewater Utility Standards . 8 . 10 The following , which may be delivered or issued after the effective date of the Agreement and are not attached hereto : All written amendments and other documents amending , modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 . 4 and 3 . 5 of the General Conditions . There are no Contract Documents other than those listed above in this Article 8 . The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 4 and 3 . 5 of the General Conditions , 00530-5 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor.doc r ARTICLE 9 . MISCELLANEOUS 9 . 1 Terms used in this Agreement , which are defined in Article 1 of the General Conditions , will have the meanings indicated in the General Conditions . ' 9 . 2 No assignment by a party hereto of any rights under or interests in the Contract Documents 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 . 9 . 3 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 of all covenants , agreements and obligations contained in the Contract Documents , 9A THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS TRADE OR TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER , 9 . 5 This agreement 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 agreement shall be in Indian River County, j Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . ' 00530-6 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion) Agreement between Owner and Contractor.doc ' IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement in triplicate . One counterpart each has been delivered to OWNER , CONTRACTOR , and ENGINEER . All portions of the Contract Documents have been signed or identified by OWNER ' and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on f,�o , / �"' , 2004 . ' v OWNER CONTRACTOR ' Indian River Co inty TIMOTHY ROSE CONSTRUCTION , INC . Board of County Commission _ rs BY s Caroline D . Ginn , CKairman Timothy Rose , Presdert��� . , . (CORPORATE vl Attest: . a Attest: r J . K. Barton , clerkOfthe Circuit Coup' By. Dep Fl pproved By: ���, • ` � ` ° � > x •, .. . �+ y� MOa p ♦ q V ems. " � wy btu jg i l l A h ' seph . Baird , County Administrator p ved as to F L Sufficiency: t hey Address for giving notices Address for giving notices 1840 25th Street 1360 SW OLD DIXIE HIGHWAY Vero Beach . Florida 3 960 VERO REACH FLORIDA 32962 License No . CGC 052940 Agent for service of process : ( If CONTRACTOR is a corporation , attach evidence of authority to sign ) END OF SECTION 00530- 7 F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00530 EJCDC - REVISED (per Marion ) Agreement between Owner and Contractor. doc 1564346 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 1764 PG : 1854 , 07 / 28 / 2004 01 : 53 PM 532246P SECTION 00610 e Performance Bond KNOW ALL MEN BY THESE PRESENTS: BYTHISSOND , we Timothy Rose Contracting Inc . as Principal, and Developers Surety and Indemnity Company a corporation, as Surety, are held and firmly bound unto the County of Indian River, Florida;fin the sum of Twohundredtwepxyp ; gp > , Jho s@gg � ,igfaXjiundQJ(ftrs ($ 2 2 8 , 8 0-S.7 0 ), amounting 16 0 o e to rd price. or the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the day . of 2Q., entered into between the Principal and the Co�pty of Indian River, for: Prod@cwt, Namei . Disafiarge Oullgt"and •: Rip .(Zap;Sp llway `Wt North County` IjJO , Project E�as� 11 ' •;ys Chu ty P%Ject Nun3.6i UCP 2208 ,'roiect pyddiessy�Tt)e;4�ain2ei Canal ,Soyth gf. r$w�CssN@sC Goj •Cu'r,`; e gateCanaf and approxartrately ' 210 ?! ,> �s� fzthe" 1l0rid ? sE1°Cgast , ioeri arn protect Descnptwn Install : fapiic foamed concrete dip tap ,erosiori protection arid , 6? dlafieter Q�piping. A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its _ obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, , hereof, and such alterations as may be made in the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill, negligence or default, including patent infringement on the part of the Principal;his agents or employees, in. the execution or performance of said Contract, including errors in the Drawings furnishedby thir- Principal, and further, if the Principal shall promptly make payments to , all who supply him wits - labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work_ provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal- and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion_ of said WoeK by contract or otherwise, and any damages, •whether direct, indirect, or'� consequential, including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. ' AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns , jointly and severally, that they will amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the ' performance of the said work, repair or maintenance thereof, or the manner of doing the some , or his agents or his servants, or the infringements of any patent rights by reason of the use of . any material furnished or work done , as aforesaid or otherwise. ' 00610 - Performance aonoAoc 00810 - 1 VWOGOe IVT&I - FNOINF.6R1"WTP - NN ROW RO e,v,e G e PO qct . UC0OYI061610 OOCt"NTS NOM CO Jy R010N) 00CUMENTS40610 - Pe'10� 0e .eec Rev. OSVI A TRUE COPY CERTIFICATION *ON LAST PAGE J . K . BARTON , CLERK BK : 1764 PG : 1855 AND, the said Surety, for value received, hereby stipulates and agrees that no • change, ' extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shad in any way affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. ' AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County ' of Indian River, IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 14 day of July 20 0 4 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned ' representative, pursuant to authority of Its governing body. fiffNifNifNMf ff f MffffNfMNNMfNNf Nf RfftM/ff►iMfff/f>ffffff ftlf f►MfffNff NNNff fe�fflie/Np� WHEN THE PRINCIPAL IS AN INOIbIDUAL: Signed, sealed and delivered in the presence of: ' Witness Signature of Individual — Address Printed Name of Individual Witness - - Address - - ' NN1NfMffNfMMNfNMNNfffN►fyffRNafMffNffffNfNNfffffNftNHflffNfffNff►fffNNffNfNlNf WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE ' Signed, sealed and delivered in the presence of: ^ F, Witness Name of Partnership ' BY: Address Printed Name of Partner Witness (SEAL) ' 00610 . 2 00610 . Porromume sond.doc i:WfaffFwTM.rrY :rAQfrePjNGwrr . Me nown0 eefw LW OWMF" . tier.meO" DOCVO~3Nom cauMrnano V0CUMENTftM1* - wmwVne. ' A TRUE COPY CERTIFICATION ON LAST PAGE • I . K . BARTON , CLERK BK : 1764 PG : 1856 Address1 ' w.NN.NNNMM..wNww.NMiNMNMN� - ... . • . .wF{.M.�NM�MMNM.MN�.+M'MNMNM.MN Signed, Seated and delivered in the presence ot: ' tMtness . Name or PonrWotdp . r Panner Addroff r ' ... Printed Name of Padnor (SEAL) Address M/NMNwwww...MIMY..•RNNwMM.�N. N.Y.I.M..wti...... Adeff: Timoth Con racting , Inc . ! ' any Nemo of CorporaWn BY: . Corporals SEAL) - • • : �� ' . aG Printed None Lew CERTIFICATE AS TO r�raranra�xyow�� _ _��' fvo,` . t cerlify that I am the 9sasrsry of tha Pancipst in the within bond•, that who fired the sold n id bond on_ corporeddarned o behalf of Mn ftwipol was than c . ' his signature, and tYs signature Ihersto GONAV: antl VW 3W of said Edon: that I know Bond was duty efgned, seated and attested for and on betralf of Said oorpom*wl by audnorlty of Its governing body. Secretary `sem) . TO BE EXECUTED BY CCRPMTF aUrarry oos+o . a 00rta ' v«am .�o. sw+o.vo. -•pSMON/la'eYi►. NAM FAM Fn M.wohm" y. . yCI.�M�slO pppy�p��i wwh o.wvWMDoCkOMMMM•a. N.ln,�a ' A TRUE COPY CERTIFICATION ON LAST PAGE .l . K . BARTON , CLERK 1 BK : 1764 PG : 1857 M;;MeFs Developers Surety and Indemnity Company 150 South Pine Island Road , Ste 115 rpwwW3urety :":,t a t i on L 33324 b rt a rneyl In 'atro rA: ~ ? � Robe �. 3• y- ,a rt Barra Name of Local Agency Bob Barra Bonds , Inc . lousiness Address . yam+ 9373 West SamORIDAple Road - -Ste 2h STATE 0FFI, NOM Coral Springs , FL 33065 Vft COUNTY OF INDUNI RtV6R BOOM n o a Notary Public, 'd* commlrslwrd, qI w Afod and ecdng, persorm"y eppeA� Robert thatre b thea . to me weA e S me first du sworn UP bftroy4n-Iact for the S y upon °eth: I he hes been sufhOr�ed by Attached Power of At � a cn beheif orft - CON7RACrOR nw W 1Mwein to favor of the t q,nry Of Irdon River, Plo�s. Subuatbed and swum fp before no this day W u Y �O���L NobryPubAc S t Florida ' My Corrnisslon Ex*w a . ' ,�Vft& 7bffdnYA w _ i►6F✓! EVM ALV" a azo END OF SECTION • • - ooero 00lt0 - rbrlpnr,o. 9onaee� — wowawawn. Nw PVwrob.. we�ewN• w�o�aoaoe � WOO 0"WO MOOD+wMr MS . rrMr,,., 1 A TRUE COPY CERTIFICATION ON LAST PAGE I . K . BARTON , CLERK BK : 1764 PG : 1858 532246P SECTION 00612 - Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we Timothy Rose Contracting , Inc . as Principal, and D e v e 1 o p e a corporation, as Surety, are held and firmly bound unto the County of Indian River, Floriddaa ii u r e t y & thesumofOnehundredEightvThree Thousand Fortysix 96 / 10tboliars Td emnity Cc . ($ 18 3 e O 4 6 . 9 6 1, amounting to 1000/6 of the total bid price . For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns , jointly and severally, for the faithful performance of a certain written Contract, dated the ' ' day of 20A, entered into between the Principal and the County of Indian River, for. eivnlc� Name . ;'IDisc_ha�ge :outlet and Rip RaR: Spillway.{Mat. North County JR/0 Project QhaSe "II ' Yr'CgLin F�. N m rUCP 2Q08 „ 4 ba , tot ` FYt�eVl; Reger Can I , outtr: f` - S YGo f ` ,L I'" Cd `i�alanPProx►rriatety�?�lldrtal�e ' tk � ' � eac ��wi!+$�2 (ricks ;. 6. ALM Project Defcrip6on Install :fabric ;foirnef! concrete`rip ;�ap erosioi: ptoteation `atld ' 1670 ' tlis'cha(ge_plping: A copy of said Contract is incorporated herein by reference and is made a part hereof as if fcMy copied herein. NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH , that, if 4he- Principal shall promptly make payments to ad claimants, as herein below defined , then this obligadw ,shall be void; otherwise, this Bond shall remain in full force and effect, subject to the ' following terms and conditions: 1 . A claimant is defined as any person supplying the Principal with labor, matenal supplies, used directly or indirectly by the Principal M any. subcontractor in the prosecution of the Work provided for in said Contract, and is further definecHn ' Section 713.01 of the Florida Statutes. B. The provisions of Section 255.05 Florida Statute shall apply. ' The above named Principal and Surety hereby jointly and severally agree with the County Indian River that every claimant as herein defined , who has not been paid In full before the expiration of a period of ninety (90) days after performance of the, labor or after complete ' delivery of materials and supplies by such claimant, may sue on this Bond for the use of sucF claimant, prosecute the suit to final judgment for such sums or sums as may be justly due claimant, and have execution thereon , The County of Indian River shall not be liable for the payment of any costs or expenses of any such suit. No suit or action shall be commenced hereunder by any claimant: 1 . Unless claimant, other than one having a direct contract with the Principal, shall within forty- fire (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal and Surety with a notice that he intends to look to this Bond for protection. ' 2. Unless claimant, other than one having a direct contract with the Principal, shall within 00812 - Payment eon d.doc 00612 - 1 /:OMMRHYJTal1Y1 CTIGIKMAWO%WTP . NOM ROW RO ON,M W Discrww • UCPMOVAW OOCUYCNTS NPN coMy 0l"0 oOcumaNTSOW12 - pWr+ Owd.W. a" owl A TRUE COPY ' CERTIFICATION ON LAST PAGE J K . BARTON , CLERK BK : 1764 PG : 1859 T ninety (90) days after such claimant's performance of the labor or complete delivery of , ' materials or supplies, deliver to the Principal and Surety written notice of . the performance of such labor or delivery of 'such material Or supplies and the nonpayment therefore. 3. After the expiration of one (1 ) year from the performance of the labor or completion of delivery of the materials or supplies; it being understood, however, that if any limitation embodied in this Bond Is prohibited by any law controlling the construction hereof, such limitations shall be deemed to be amended, so as to be equal to the minimum period of imitation permitted by such law, ' 3. Other than in a state court of competent jurisdiction in and for Indian River County, Florida, or in the United States District Court for the Southern District of Florida, and not elsewhere. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or- addifion to the terms of the Contract or to the work to be PerforrnectthW&wdef _ or to the-GpPcifications applicable thereto, shall in any way affect its obligation on this Bort¢ and the Surety hereby waives notice of any such change, extension of time,- alterations of d'r ' addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and' warrants to the County of Indian River that it has a Besrs Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class "X•. ' The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indiar, — River. The Principal and Surety jointly and severally, agree to pay the County of Indian River 811 losses, damages, expenses, costs, and attorney's tees, including appellate proosedings,' that the County of Indian River sustains because of a default by the Principal under the Contract IN WITNESS WHEREOF,. the above bound parties executed this instrument under their sevecaj• seals, this 14 day of July 20 0 4 the name and corporate seat of each corporate party being hereto affixed and these presents duty signed by its undersign representative, pursuant to authority of its governing body. ' M"MffffNfMffMfNM►NMfhfww•N\"IfffMlt"•w•"•ffffffMNtNf""fetwwwwf•M1fMYNtfffwfffHHf • ' WHEN THE PRINCIPAL. IS AN INDIVIDUAL: Witness Signature or Individual Address Printed Name of Individual Witness ' Address 00612 & 2 00612 - Payment eow.Aop rauwwevra.nr • oae�%Wrr • Nam now ao am. L , VMM!Nf - ucnrezoron 00tw6NT3 Worm C. � rowP � r ' A TRUE COPY CERTIFICATION ON LAST PAGE . 1 - K . BARTON , CLERK BK : 1764 PG : 1860 MHrRRH►Ml,rrbrHRNNNfNHRMNrrsrHf tfNNfN..NN•ffrrrffrrNlIRNRMeMtrfHtMRNrbrfNMrNRRf WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE Signed , sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address t..MfrfffNwrwrf►NwrflrrNHrNRfrfRrrfN.HrNrHRNfNrNNaf NNefN\f►rHHfRRryNHSNNfHNtHrNR WHEN THE PRINCIPAL ISA PARTNERSHIP: Signed , sealed and deliveredin the presence of: ' Witness Name of Partnership ' Address Partner Printed Name of Partner Witness y t (SEAL) - Address ( The remainder of this page was left blank intentionally) ' 00612 • Payment Oond.doe owwweewn�rtr - wn+wr► • 00612 - 3 eNof+eeK NOnn RW W RD bone Ws 00wgf - Uf:r47W4)10 DOC+M+6++T!{ NOM DOWRY POblO OOWMENT$IOOH2 - rRM^MN tfno.fa n<.. osro + i A TRUE COPY CERTIFICATION ON LAST PAGE •J . K . BARTON , CLERK BK : 1764 PG : 1861 ' tfHfNf+liiMRRff}ifHMiHffRltRNiitNAMA►Nt Hf►ii1H►A}NANNHfNfffifNHNMNfH}►AANtN4f.tflttNi WHEN THE PRINCIPAL 1% A CORPORATION: Attest: Timothy Rose Contracting , Inc . Secretary Name of Corporation BY: •1 (Affix . Corporate SEAL) tp Printed Name -irno {-h.1�0 ga. Official Title q 'e p ` < ' CEf3TiFICATE AS TO CORPORATE PRINCIPAL - - - certify that I am the Secretary of the corperaticn riarited dr Pre rincipal in the within bond; that who signed the said bond on behalf of the Principal was then of said Corporation: that I know his signature, and his signature thereto is genuine; and that said Bond wasduly signet#; `sealed and attested for and on behalf of Said corporation by authority of Its goveming body.. ' Secretary (SEAL) TO O BE EXECUTED BY CORPORATE SURETY: +a Atte Developers Surety and InGemrii:ty Company @*W"W W i t n e s Corporate Surety 1 South Pine 7 s 1 and Road , S t e 115 P a t tion , 33324 Bus! s A ress ` BY. ' ob rt Barra (A'x Cor to SEAL) Attomey-in-Fact & Florida Resident Agent Robert Barra Name of Local Agency Bob Barra Bonds , Inc . - 9373 West Sample Road , Ste 206 - BusOtmsi "ssings , FL 33065 ' 00612 - Payment ODnddDe' 00612 - 4 fnUanaWMrrr - ZHCjmrMWWrr . Ma ra0w M Dam ti►} tXswpf • UCPtl20040 ODCUItNT3 M Corot, AOMCDOMNM T$e00+2 - om0 . ionidac w... esa+ , i i ' A TRUE COPY CERTIFICATION ON LAST PAGE J , K . BARTON , CLERK BK : 1764 PG : 1862 ' STATE OF FLORIDA COUNTY OF INDIAN RIVER ' Before me, a Notary Public, duly commissioned, qualified and acting . Personally appeared Robert Barra , to me well known, who bel bj me fiat duty sworn upon oath, says that he is the attorney-in-fact for the e 1 o r s and that he has been , authorized by A t t a c h e d Power o f ate thib foregoing bond on behalf of the ' CONTRACTOR named therein in favor of the County of Indian River, F Subscribed and sworn to before me this 14 day of J u 1 y � ' Lx:10A. . No ary Pubt jpte�4o(f4k FWda My Commission Expires: La 00MC6 ' .AM° ftk T" A Mowerd ' �C j' My Cotlwrliplan OD049D66 oft EOM Augual 1Z 2OD6 - " END OF SECTION " ' 2 - 5 00612 - Payment Bond.doc •. I1{nbiYafWTLITY . 4MGNi4FA�WhYT► • NUM ROW 0.04fry yry pspy�1yG'/np0leq pQ�liM6pT3 Ndln 0aq.0ac Rev. O:.vr Coulry 0.0OI000GUMQIT,g0e1 . 1`eMw1 . A TRUE COPY ' CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1764 PG : 1863 TERRORISM RIDER NOTICE-FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond . The portion of your annual premium attributable to certified acts of terrorism under this bond is $0 . 00 . COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terns of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond . ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1764 PG : 1864 ' 532246P POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725 . IRVINE. CA 92623 19491 263-33Iµ) ' ww %%AnscoDico.corn KNOW ALL Mt: N IIY THESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make. constittle and appoint: * * * Robert Barra * * * as its true and lawful Attorney( s )-in-Fact. to make. excente. deliver and acknowledge. top and on behalf of said corporation as surety. bonds. undertakings and contrcts otsureryship giving and granting unto said Auorneyls)-m-Fact full power and authority to do and to perform every act necessary, requisite or proper to he done in connection therewith as the corporation could do, but reserving no the corporation full power of subuitution and revocation. and all of to acts of said Anorneyis)-in-Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Annrncy is gri ted and is signed by facsimile under and by authomy of the following resolution adopted by file Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1 . 2111µl: RESOLVED, that the Chairman of the Board. the President and anv Vice Presidem of the corporation be. and that each of them hereby is, authorized to execute Powers ol' Atorney, qualifying the Altorney( s )-in- Fact named in toe Powers of Attorney to execute. on behalf of the corporation. bonds. undertakings and contracts of samyship: and that the Secretary orally Assistant Secretary of the corporation be. and each (if them hcrchy is. authorized to atest the execution of ;lily such Power of Aturney : RESOLVED, FURTIIER. that the signatures of such officers may he affixed to any such Power of Auomey or ft any certificate rebating thereto by facsimile. void any such Power of Attorney or certificate hearing arch facsimile signatures shall be valid and binding upon the corporation when lir affixed and in the future with respect to any bond. undertaking or contort of suretyship in which it is uvached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this Iso day of October, 21µl3_ AND David H . Rhodes. Executive Vice-President OCT •Ei ' ■ W ; f0 : 10 ' nt 1836 By: Wader A . Crowell. Secretary Oft Walter STATE OF CALIFORNIA 1 ISS. COUNTY OFORANOL 1 On October 1 . 2003• before me. Diane J. Kuwaia, personally appeared David H . Rhodes and Waller A . Crowell. personally knbwti togile dor proved 1p• me on the basis of satisfactory evidence ) to he the persons whose names arc subscribed to the within instrument andacknowledged td fila llµt( Ihi'y ciceclned• Ibr ; ' same in their nathorized capacities. and that by their signatures oil the insmiment the entity upon behalf of which the persons acted, ezecowdihe tinslmini'nt : . .: =. WITNESS lily hmtd and official seal " . e" r _ DIANE J. xAWATA �� ? W -' Pude - CatwitA r\ • = ,((�,� `��i/�SN,�` ORANGE CAUNTy. ' • O ' $igllmllfC L � 3 My Corrm. EfpinS JAN:9. 2008 • ' • -' CERTIFICATE The undersigned, as Senior Vice-President. Underwriting. of DEVELOPERS SURETY AND INDEMNITY COMPANY. docs hereby certify that the ' tixegoing Powcr of Money remains in full donee and has ant been revoked. and furthermore. that the provisions of the resolution of the respective Boards of Director% of said corporvhon set forth in the Power of Attorney. is in fierce as of the date M' this Certificate. This C'ertitierne is executed in the (lily of Irvine. C'aiifomia, the 14 day of J U 1 Y 2004 By Pao Wesley W. Cowling cnior.Vice-President. Underwri a ID• 14381DSI11 Rea. I0: 131 ' VAM 11W�E �OORRE01'�OF �A MIA O�awAr.ON f�firvdF�+1pR, Orr! t,Q AQ= TM. CERTIFICATE OF LIABILITY INSURANCE I D"TEcM,Nrq,'YrN) PRODUCER ruL 2S 04 BID SANACK INSURANCE/A MILS ROGAL & H05158 CO. THIS CERTFNCATE ISSUED OF INFORMATION 204814TH AVE. ONLY AND CONFERS NO RIGHTS UPON THE GERTMATE ' P 0 BOX 130 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER i AGE AFFORDED BY IES ® Wl VERO BEACH FL 32981 MURM AFFORDING COVERAGE MAIC # INSURED INSURl:RA: ej aURANCE'Ca � ' TIMOTHY ROSE CONTRACTING, INC, INSURER e: HARTFORD OI 27120 1 aeo opo Duch HWY s w. INSURER 0: BRIDGEFIELD EMPLOYERS INS CO VERO BEACH FL 32862 INSURER D: ' INSURER E: COVERAGES THE 11OLaCIE9 OF INSURANCE LISTE7 BELOW HAVE BEEN ISSUED TO THE INSURED NMIIED ASOVII FOR THE POLICY PERIOD WDICAT=-D. NOTWITHSTANDINQ ANY REQUIREMENT. TERM OR CONDITION OF ANY DONTRACT OR OTHER OOCImENr WITH RESPECT TO WINCH T►(!6 CERTIFICATE M4Y Be ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 4LIBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS Oc SUCH POLICIES. AGGREGATE LSAITS SHOWN MAY HAVE BEEN REDUCED 9Y PAID CLAIMS. I+ERI TYPE OFINSURANCE POLICYNUNISER POLICY EDUCYEXPIMTIONT— . . UNITS _ Elblumw� GENERAL UASILITY 2094099607.01 I JUN 6 04 JUN 6 05 EACH ocCua ^ 1 ,00%000 X I COMMERCIAL GENERAL LIABILIn DAMAGE TOREMTED 100000 CLARASMADE OCCUR I I kc'b. EXP (Anycneperean) y 6000 A PERSONAL A ADV INJURY S 11000,000 -� GENERALA60REsAre if 290008000 OWL AGGREGATE LINTAPPLIES PER PRODUCTS-COMP!OP AGq S ... 2,000,080 POLICY . Cr Loc AUTOMOBILE L1ABEfTY I 21 UEN UV 4328 JUN 6 04 i JUN 6 05 j LIM COMBINED SINGLE IT ANY AUTO I (E� rlse.R) y 1 .000,000 ALL OWNT 0 AM$ BODILY IN.;URY B I SCHEDULED AUTOS I I (Per penes) 8 _ HIRED AUTOS r' �p I r NON-0 °UTOS wNED I ILY INJURY i i I (Paracodenq = . . . ._ .I I FPROPERTY CAMAGE� . GARAGE LIAMfU" I (Per nca:idenll - -. ANYAUTO AL'TOONLY - FhACCDFMT IS —_ OTHER THAN E4�gCC AUTO Ow.Y- S EXCESS 1 208 4107913 00 JUN 6 04 IAAet JUN 6 OS EacH OOCURRENOE s OCCUR 1 CLAIMS MADE AGGR � 2,000,000 TE 1 2,000x000 i I A I - - -� DEDUCTIBLE S 3 If RETENTION 1 i�MLOY8R8�ML AN0 Iit30 28582 FEB 104 FEB 106 ",�, _ R `` I AIW PmoP OFF= Ma B ART' vmrE I j El. EACH ACCDFM 6 100.E eMM I7w ,,, I I E.LDISEASE.EAEWLOYEET�OO,OQD :rL&Fndbow:Oy,ws e.w EA. DISEASE-POUCT .w r is 500,OOD ER 2004OWS07-01 JUN 8 04 JUN B 06 INLAND MARINE " EQUIPMENT LIST ON FNLE DESCRIPTION OF OPERATIONSlLdCATION8/VEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE 8TATE OF FLORIDA 13 NAMED AS ADDITIONAL INSURED WITH RESPECTS TO INSURED'S WORK, PROJECT AVJCP2208 • DISCHARGE OUTLETISPILLWAY MAT CERTINCATE HOLDER ANCELLATION SHOULD ANY OF THE AWVE DESCRIBED POLICIES SE CANCELLED eEFORETPE EXPIRATION DATE THEREOF, THE ISSUING COMPANY HILL ENDEAVOR TO MAL 30 DAYS w;tn7EN Mrr FAILURE TOO DO SO SHALL NAPCSE NO OBLIGATION OR LIABLITY OF ANY NNP CE TO THE CE"IFICATE HOLR NMED TO THE � THE INDIAN RIVER COUNTY INSURER: rr$ AGENTS OR REIRESENTAT7VE& 1840 26TH STREET REPR AUTHORIZED s;g A INE VERO BEACH, FL 32860 Attention: _S o MiahaN; ACORD 26 (2001 !06) Certificate 0 79512 Q ACORD CORPORATION 1968 This document has important legal consequences ; consultation with an attorney is encouraged with respect ' to its use or modification . This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law, STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By [INSERT LOGOS] 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 [seal] Contractors of America Construction Specifications Institute ' [seal] These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A- 1 or 1910-8-A-2) ( 1996 Editions ) . Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No . 1910-50) . For guidance in the preparation of Supplementary Conditions , see Guide to the Preparation of Supplementary Conditions (No . 1910- 17 ) ( 1996 Edition ) . EJCDC No . 1910-8 ( 1996 Edition ) Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N.W. , Washington , DC 20005 American Society of Civil Engineers ' 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . .. . . . . . . . . . . . . . . . . . . . . . 1 . 01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1 . 02 Terminology. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . 2. 01 Delivery of Bonds. . , I I . . . . . . . . . . . . * * . . . . . . 0 . . . . . . . . . . . . . . . I . . . . . . . I . . . . . . . 0 . . . . . . . 0 2. 02 Copies of Documents . . , I . . . . . . . . " I . . . . . . . . . . . . . . . a . . . . . 0 . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . ' 2.03 Commencement of Contract Times, Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 2. 04 Starting the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2. 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3.01Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3. 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3.03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3.04 Amending and Supplementing Contract Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3.05 Reuse of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 ARTICLE 4 Is AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4. 01 Availability of Lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4.02 Subsurface and Physical Conditions, I . . . . . to , , . . . . . . . . . . . . . . . . . . . . . . I . . . . . . 0 . . . . . . . . . . . . . . I . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4.03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4.06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE5 Is BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. 01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5.02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. 03 Certificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5.04 CONTRACTOR's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5.05 OWNER's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. 06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5.08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ' 5. 09 Acceptance of Bonds and Insurance, Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5. 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. 01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. 02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6. 03 Services, Materials, and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ' 6. 04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6.05 Substitutes and "Or-Equals" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6. 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6.08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 00700 - 2 00700 - General Conditions (EJCDC).doe FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00700 - General Conditions (EJCDC). doc Rev. 05101 6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. 10 Taxes . . , , , , , , . . . I I I I . . 0 . . * 0066 . . * , . . , . . I I I . I . . 0 . . 0 0 0 0 . a . . . . . . 1 1 1 . . 0 . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. 11 Use of Site and Other Areas. , , I , . so . 1 10 1 1 1 . . . . * 0 & 0 . . 0 0 . 0 . . . . . . . . . . . . . . . 0 0 . . 0 0 * 1 8 6. 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6. 14 Safety Representative . , . . . 0 1 . too . . I . . . . 0 * to . . . . . . 00 6 . . 0 0 0 . . I I I . . . . . . * . 0 0 . . . . 0 . 4 * * * 1 0 0 . 0 . . . . 1 0 0 0 # 0 & . . 0 . . . . . . 4 . . . . 0 . 0 . . . . . . . . . . 1 9 6. 15 Hazard Communication Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6. 16 Emergencies, . . 0 1 . I I I . I . . I . . . . . . . . . . . . . . . . 0 . . . . . . * 00 . . . * 0 . . . . 0 . 0 . . . . . . . . . . . . & . * * . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 1 9 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 ARTICLE7 - OTHER WORK. . . . " . . . . . 0 1 1 . . 0 0 0 1 1 1 . . . . . . . . . . 0 , 6 . 0 0 0 . . . . . . . . . . . . . . . . . . 0 . . . . . . . . o o o . . . . . . . * * . . o o . . . . . . o . . . o - o o . . . so . o * . . o . . . . . . . . . . . . . . . . . 21 7. 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 7.02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 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 . . , . , , . . . I I . . . . . . . . 0 6 . . . . . . . . . . . o . . . . . . . . o . . . . . . * , o - , o . . . . . . . . . so * o o . . . . . . . . o . . . 0 . . 0 122 8.09 Limitations on 0WNER's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 8. 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 8. 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 9.01 OWNER'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 9.02 Visits to Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 9.03 Project Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 9.04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 9.05 Authorized Variations in Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 9. 06 Rejecting Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 9.07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 9. 09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 9. 10 Limitations on ENGINEER's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . , . . . . . " I . . . . . . . . . I . . . . . . . . . . I . . . . 0 . . . . . . . . . . . . . . . o . . . . . . . . . . o . . . . . . o . . . . too . . . . q . . . o - oo . - o . . . . o . . . 4 . . . . . . . . . . . . . . . . . . 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" . . . . . . 0 . . . . . . . . . . . I . . . . . 0 . . . . . . . . . . . . . . . . . . 0 . . . . . . so . . . 00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0 . . . . . . . . . . . 0 . . . . . . . . . 0 . . . . . . . . . . . . . . . . 0 . . . .24 10. 05 Claims and Disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK. . . . . . . . . . . . . . . . . . 0 . . . . . . 0 . . . . 11 .01 Cost of the Work . . 1 1 . too 0 0 . . . . I . . . 0 . . . . 4 0 . . . . . 0 . . . . . . 0 0 0 . . . . . . . . . . . . . I . . 0 0 0 . . . . . . . . . . . . . . . . . I . . . . . . . . . I . . . 0 . . . . I . . . . . . . . . . . . . . 0 . . . . . . q10 . . . . . . . . o o . . . . . . . o . 25 11 .02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 11 .03 Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE OF CONTRACT TIMES . . , . . . . . . 0 . . . . . . . 0 . . . . . . . . 0 . . . . . . . . . 0 . . . . . . . o . . . . . . . . o . . . me . . o . . . . . . . . . . . 27 00700 - 3 00700 - General Conditions (EJCDC).doc F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc Rev. 05/01 12. 01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 12.02 Change of Contract Times, . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . .28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.03 Delays Beyond CONTRACTOR's Control. , , " . . . . I , * . . . . . * . . . . . . " I 12.04 Delays Within CONTRACTOR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 12. 06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . .28 13. 01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 13. 02 Access to Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 13.03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.04 Uncovering Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 13.05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 1 13 . 06 Correction or Removal of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 13.07 Correction Period. . 13.08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 13. 09 OWNER May Correct Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.02 Progress Payments, " . . . 11 . . . . . . III . . , . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . * * 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 14. 03 CONTRACTOR's Warranty of Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 14.05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 14.06 Final Inspection. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 14.07 Final Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 14.09 Waiver of Claims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . 15. 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 ' 15.02 OWNER May Terminate for Cause. . . . . . . . . . . . . . . . . . . . . . . . . . " I . . . . . . . . . . . . . . . . . . . . . 15.03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 15. 04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 17.01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 17. 03 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 17. 04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 17.05 Controlling Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 00700 - 4 00700 - General Conditions (EJCDC). doc F:\Utilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc Rev. 05101 r GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Docu- 1 . 01 Defined Terms ments ), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation A. Wherever used in the Contract Documents and submitted prior to the Notice of Award ) when attached as an printed with initial or all capital letters , the terms listed below will exhibit to the Agreement, the Notice to Proceed, the Bonds , have the meanings indicated which are applicable to both the these General Conditions , the Supplementary Conditions , the singular and plural thereof. Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written 1 . Addenda—Written or graphic instruments issued Amendments , Change Orders , Work Change Directives , Field prior to the opening of Bids which clarify, correct, or change the Orders , and ENGINEER's written interpretations and Bidding Requirements or the Contract Documents . clarifications issued on or after the Effective Date of the Agree- ment. Approved Shop Drawings and the reports and drawings 2. Agreement—The written instrument which is of subsurface and physical conditions are not Contract evidence of the agreement between OWNER and Documents. Only printed or hard copies of the items listed in 1 CONTRACTOR covering the Work. this paragraph are Contract Documents . Files in electronic media format of text, data , graphics , and the like that may be 3. Application for Payment—The form acceptable to furnished by OWNER to CONTRACTOR are not Contract ENGINEER which is to be used by CONTRACTOR during the Documents. course of the Work in requesting progress or final payments and which is to be accompanied by such supporting 13. Contract Price--The moneys payable by OWNER documentation as is required by the Contract Documents . to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement 4. Asbestos--Any material that contains more than (subject to the provisions of paragraph 11 .03 in the case of Unit one percent asbestos and is friable or is releasing asbestos Price Work). fibers into the air above current action levels established by the United States Occupational Safety and Health Administration . 14. Contract Times—The number of days or the dates stated in the Agreement to: (i ) achieve Substantial 5. Bid—The offer or proposal of a bidder submitted Completion; and (ii ) complete the Work so that it is ready for on the prescribed form setting forth the prices for the Work to be final payment as evidenced by ENGINEER's written performed . recommendation of final payment. 6. Bidding Documents--The Bidding Requirements 15. CONTRACTOR—The individual or entity with and the proposed Contract Documents (including all Addenda whom OWNER has entered into the Agreement. issued prior to receipt of Bids ). 7. Bidding Requirements--The Advertisement or definition . 16. Cost of the Work—See paragraph 11 .01 .A for Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 17. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which graphically shows 8. Bonds—Performance and payment bonds and the scope, extent, and character of the Work to be performed by other instruments of security. CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined . 9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER 18. Effective Date of the Agreement--The date and authorizes an addition, deletion, or revision in the Work or indicated in the Agreement on which it becomes effective, but if an adjustment in the Contract Price or the Contract Times, no such date is indicated , it means the date on which the issued on or after the Effective Date of the Agreement. Agreement is signed and delivered by the last of the two parties 10. Claim--A demand or assertion by OWNER or to sign and deliver. CONTRACTOR seeking an adjustment of Contract Price or 19. ENGINEER--The individual or entity named as Contract Times , or both, or other relief with respect to the terms such in the Agreement. ' of the Contract. A demand for money or services by a third party is not a Claim. 20. ENGINEER's Consultant--An individual or entity having a contract with ENGINEER to furnish services as 11 . Contract--The entire and integrated written ENGINEER's independent professional associate or consultant agreement between the OWNER and CONTRACTOR with respect to the Project and who is identified as such in the concerning the Work. The Contract supersedes prior Supplementary Conditions. negotiations , representations , or agreements , whether written or oral . 21 . Field Order--A written order issued by ENGI- NEER which requires minor changes in the Work but which 00700 - 5 00700 - General Conditions (EJCDC).doe ' F:\Utilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00700 - General Conditions (EJCDC).doc Rev. 05/01 does not involve a change in the Contract Price or the Contract 35. Project Manual--The bound documentary Times . information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual , which may be 22. General Requirements--Sections of Division 1 of bound in one or more volumes , is contained in the table(s ) of the Specifications . The General Requirements pertain to all contents. sections of the Specifications . 36. Radioactive Material--Source, special nuclear, or 23. Hazardous Environmental Condition--The byproduct material as defined by the Atomic Energy Act of 1954 presence at the Site of Asbestos , PCBs, Petroleum, Hazardous (42 USC Section 2011 et seq . ) as amended from time to time. Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons 37. Resident Project Representative--The authorized or property exposed thereto in connection with the Work. representative of ENGINEER who may be assigned to the Site or any part thereof. 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid 38. Samples—Physical examples of materials , Waste Disposal Act (42 USC Section 6903 ) as amended from equipment, or workmanship that are representative of some time to time. portion of the Work and which establish the standards by which such portion of the Work will be judged . 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws , rules , regulations, ordinances, codes, 39. Shop Drawings—All drawings , diagrams, illustra- and orders of any and all governmental bodies, agencies , tions , schedules , and other data or information which are authorities, and courts having jurisdiction . specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of 26. Liens—Charges , security interests, or the Work. encumbrances upon Project funds , real property, or personal property. 40. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the 27. Milestone—A principal event specified in the Work is to be performed, including rights-of-way and easements Contract Documents relating to an intermediate completion date for access thereto, and such other lands furnished by OWNER or time prior to Substantial Completion of all the Work. which are designated for the use of CONTRACTOR. 28. Notice of Award—The written notice by OWNER 41 . Specifications--That part of the Contract to the apparent successful bidder stating that upon timely Documents consisting of written technical descriptions of compliance by the apparent successful bidder with the materials, equipment, systems , standards, and workmanship as conditions precedent listed therein, OWNER will sign and applied to the Work and certain administrative details applicable deliver the Agreement. thereto. 29. Notice to Proceed--A written notice given by 42. Subcontractor--An individual or entity having a OWNER to CONTRACTOR fixing the date on which the Con- direct contract with CONTRACTOR or with any other tract Times will commence to run and on which CONTRACTOR Subcontractor for the performance of a part of the Work at the shall start to perform the Work under the Contract Documents . Site. 30. OWNER--The individual , entity, public body, or 43. Substantial Completion--The time at which the authority with whom CONTRACTOR has entered into the Work (or a specified part thereofl has progressed to the point Agreement and for whom the Work is to be performed. where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the 31 . Partial Utilization--Use by OWNER of a substan- Contract Documents , so that the Work (or a specified part tially completed part of the Work for the purpose for which it is thereof) can be utilized for the purposes for which it is intended. intended (or a related purpose) prior to Substantial Completion The terms "substantially complete" and "substantially com- of all the Work. pleted" as applied to all or part of the Work refer to Substantial Completion thereof. 32. PCBs—Polychlorinated biphenyls . 44 . Supplementary Conditions--That part of the 33. Petroleum—Petroleum , including crude oil or any Contract Documents which amends or supplements these fraction thereof which is liquid at standard conditions of General Conditions. temperature and pressure (60 degrees Fahrenheit and 14. 7 pounds per square inch absolute), such as oil , petroleum, fuel 45. Supplier--A manufacturer, fabricator, supplier, oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with distributor, materialman , or vendor having a direct contract with other non-Hazardous Waste and crude oils . CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR 34. Project—The total construction of which the Work or any Subcontractor. to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract 46. Underground Facilities--All underground Documents. pipelines, conduits , ducts , cables , wires , manholes , vaults , tanks , tunnels , or other such facilities or attachments , and any encasements containing such facilities, including those that 00700 - 6 convey electricity, gases, steam, liquid petroleum products , telephone or other communications , cable television, water, 1 . The word "defective," when modifying the word wastewater, storm water, other liquids or chemicals, or traffic or "Work," refers to Work that is unsatisfactory, faulty, or other control systems. deficient in that it does not conform to the Contract Documents or does not meet the requirements of any 47. Unit Price Work--Work to be paid for on the basis inspection, reference standard , test, or approval of unit prices. referred to in the Contract Documents , or has been damaged prior to ENGINEER's recommendation of final 48. Work—The entire completed construction or the payment (unless responsibility for the protection thereof various separately identifiable parts thereof required to be has been assumed by OWNER at Substantial provided under the Contract Documents. Work includes and is Completion in accordance with paragraph 14.04 or the result of performing or providing all labor, services, and 14.05). documentation necessary to produce such construction , and furnishing, installing , and incorporating all materials and equip- D . Furnish, Install, Perform, Provide ment into such construction , all as required by the Contract Documents. 1 . The word "furnish," when used in connection with services , materials , or equipment, shall mean to supply 49. Work Change Directive—A written statement to and deliver said services, materials , or equipment to the CONTRACTOR issued on or after the Effective Date of the Site (or some other specified location) ready for use or Agreement and signed by OWNER and recommended by installation and in usable or operable condition. ENGINEER ordering an addition , deletion, or revision in the Work, or responding to differing or unforeseen subsurface or 2. The word "install," when used in connection with physical conditions under which the Work is to be performed or services , materials , or equipment, shall mean to put into to emergencies . A Work Change Directive will not change the use or place in final position said services , materials , or Contract Price or the Contract Times but is evidence that the equipment complete and ready for intended use. parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently 3. The words "perform" or "provide," when used in issued Change Order following negotiations by the parties as to connection with services, materials, or equipment, shall its effect, if any, on the Contract Price or Contract Times. mean to furnish and install said services, materials , or 50. Written Amendment—A written statement equipment complete and ready for intended use. modifying the Contract Documents , signed by OWNER and 4. When "furnish," "install ," "perform," or "provide" is CONTRACTOR on or after the Effective Date of the Agreement not used in connection with services, materials , or and normally dealing with the nonengineering or nontechnical equipment in a context clearly requiring an obligation of rather than strictly construction-related aspects of the Contract CONTRACTOR, "provide" is implied . Documents . E. Unless stated otherwise in the Contract Documents , 1 .02 Terminology words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract A. Intent of Certain Terms orAdjectives Documents in accordance with such recognized meaning . 1 . Whenever in the Contract Documents the terms "as allowed ," "as approved ," or terms of like effect or import ARTICLE 2 - PRELIMINARY MATTERS are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or 2. 01 Delivery of Bonds determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, A. When CONTRACTOR delivers the executed in general, the completed Work for compliance with the Agreements to OWNER, CONTRACTOR shall also deliver to requirements of and information in the Contract Documents OWNER such Bonds as CONTRACTOR may be required to and conformance with the design concept of the completed furnish. Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement 2. 02 Copies of Documents indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or A. OWNER shall furnish to CONTRACTOR up to ten authority to supervise or direct the performance of the Work copies of the Contract Documents . Additional copies will be I or any duty or authority to undertake responsibility contrary furnished upon request at the cost of reproduction. to the provisions of paragraph 9. 10 or any other provision of the Contract Documents . 2. 03 Commencement of Contract Times; Notice to Proceed B . Day A. The Contract Times will commence to run on the 1 . The word "day" shall constitute a calendar day of thirtieth day after the Effective Date of the Agreement or, if a 24 hours measured from midnight to the next midnight. Notice to Proceed is given , on the day indicated in the Notice to Proceed . A Notice to Proceed may be given at any time within C. Defective 30 days after the Effective Date of the Agreement. In no event ' 00700 - 7 ' will the Contract Times commence to run later than the sixtieth among the parties as to the Work and to discuss the schedules day after the day of Bid opening or the thirtieth day after the referred to in paragraph 2. 05. 6 , procedures for handling Shop Effective Date of the Agreement, whichever date is earlier. Drawings and other submittals, processing Applications for ' 2 .04 Starting the Work Payment, and maintaining required records. A. CONTRACTOR shall start to perform the Work on the 2.07 Initial Acceptance of Schedules date when the Contract Times commence to run. No Work A. Unless otherwise provided in the Contract Docu- shall be done at the Site prior to the date on which the Contract ments , at least ten days before submission of the first Times commence to run. Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held 2. 05 Before Starting Construction to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05. 13 . A. CONTRACTOR's Review of Contract Documents: CONTRACTOR shall have an additional ten days to make Before undertaking each part of the Work, CONTRACTOR shall corrections and adjustments and to complete and resubmit the carefully study and compare the Contract Documents and schedules . No progress payment shall be made to CON- check and verify pertinent figures therein and all applicable field TRACTOR until acceptable schedules are submitted to measurements . CONTRACTOR shall promptly report in writing ENGINEER. to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written 1 .The progress schedule will be acceptable to interpretation or clarification from ENGINEER before proceeding ENGINEER if it provides an orderly progression of the with any Work affected thereby; however, CONTRACTOR shall Work to completion within any specified Milestones and not be liable to OWNER or ENGINEER for failure to report any the Contract Times . Such acceptance will not impose conflict, error, ambiguity, or discrepancy in the Contract on ENGINEER responsibility for the progress schedule, Documents unless CONTRACTOR knew or reasonably should for sequencing , scheduling, or progress of the Work nor have known thereof. interfere with or relieve CONTRACTOR from B . Preliminary Schedules: Within ten days after the CONTRACTOR's full responsibility therefore. Effective Date of the Agreement (unless otherwise specified in 2. CONTRACTOR's schedule of Shop Drawing and the General Requirements), CONTRACTOR shall submit to Sample submittals will be acceptable to ENGINEER if it ENGINEER for its timely review: provides a workable arrangement for reviewing and processing the required submittals . 1 . a preliminary progress schedule indicating the times (numbers of days or dates) for starting and & CONTRACTOR's schedule of values will be completing the various stages of the Work, including acceptable to ENGINEER as to form and substance if it any Milestones specified in the Contract Documents; provides a reasonable allocation of the Contract Price to component parts of the Work. 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting , reviewing , and processing ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, such submittal; and AMENDING , REUSE 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items 3 .01 Intent which when added together equal the Contract Price and subdivides the Work into component parts in A. The Contract Documents are complementary; what sufficient detail to serve as the basis for progress is called for by one is as binding as if called for by all. payments during performance of the Work. Such prices will include an appropriate amount of overhead and B. It is the intent of the Contract Documents to describe profit applicable to each item of Work. a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents . Any C. Evidence of Insurance: Before any Work at the Site is labor, documentation , services , materials , or equipment that started, CONTRACTOR and OWNER shall each deliver to the may reasonably be inferred from the Contract Documents or other, with copies to each additional insured identified in the from prevailing custom or trade usage as being required to Supplementary Conditions , certificates of insurance (and other produce the intended result will be provided whether or not evidence of insurance which either of them or any additional specifically called for at no additional cost to OWNER. insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in C. Clarifications and interpretations of the Contract accordance with Article 5. Documents shall be issued by ENGINEER as provided in Article 9. 2. 06 Preconstruction Conference A. Within 20 days after the Contract Times start to run , but before any Work at the Site is started , a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding 00700 - 8 r 3 .02 Reference Standards b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless A. Standards, Specifications, Codes, Laws, and such an interpretation of the provisions of the Regulations Contract Documents would result in violation of such Law or Regulation). 1 . Reference to standards , specifications , manuals , or codes of any technical society, organization, or 3 . 04 Amending and Supplementing Contract Documents association , or to Laws or Regulations , whether such reference be specific or by implication , shall mean the A. The Contract Documents may be amended to provide standard , specification , manual, code, or Laws or for additions , deletions, and revisions in the Work or to modify Regulations in effect at the time of opening of Bids (or the terms and conditions thereof in one or more of the following on the Effective Date of the Agreement if there were no ways : (i) a Written Amendment; (ii ) a Change Order; or (iii ) a Bids), except as may be otherwise specifically stated in Work Change Directive. the Contract Documents . B. The requirements of the Contract Documents may be 2. No provision of any such standard , specification, supplemented , and minor variations and deviations in the Work manual or code, or any instruction of a Supplier shall be may be authorized, by one or more of the following ways : (i) a effective to change the duties or responsibilities of Field Order; (ii) ENGINEER's approval of a Shop Drawing or OWNER, CONTRACTOR, or ENGINEER, or any of Sample; or (iii) ENGINEER's written interpretation or clarifi- their subcontractors, consultants , agents, or employees cation. from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to 3. 05 Reuse of Documents assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents , or employees any duty or authority A. CONTRACTOR and any Subcontractor or Supplier or to supervise or direct the performance of the Work or other individual or entity performing or furnishing any of the any duty or authority to undertake responsibility Work under a direct or indirect contract with OWNER: (i ) shall inconsistent with the provisions of the Contract not have or acquire any title to or ownership rights in any of the Documents . Drawings , Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or 3 .03 Reporting and Resolving Discrepancies ENGINEER's Consultant, including electronic media editions ; and (ii ) shall not reuse any of such Drawings , Specifications, A. Reporting Discrepancies other documents , or copies thereof on extensions of the Project or any other project without written consent of OWNER and 1 . If, during the performance of the Work, ENGINEER and specific written verification or adaption by CONTRACTOR discovers any conflict, error, ambiguity, ENGINEER. This prohibition will survive final payment, or discrepancy within the Contract Documents or completion, and acceptance of the Work, or termination or between the Contract Documents and any provision of completion of the Contract. Nothing herein shall preclude any Law or Regulation applicable to the performance of CONTRACTOR from retaining copies of the Contract the Work or of any standard , specification, manual or Documents for record purposes. code, or of any instruction of any Supplier, CONTRAC- TOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND affected thereby (except in an emergency as required PHYSICAL CONDITIONS ; REFERENCE POINTS by paragraph 6. 16.A) until an amendment or supple- ment to the Contract Documents has been issued by one of the methods indicated in paragraph 3 .04; provid- 4 . 01 Availability of Lands ed, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such A. OWNER shall furnish the Site. OWNER shall notify conflict, error, ambiguity, or discrepancy unless CON- CONTRACTOR of any encumbrances or restrictions not of TRACTOR knew or reasonably should have known general application but specifically related to use of the Site with thereof. which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements B . Resolving Discrepancies for permanent structures or permanent changes in existing facilities . If CONTRACTOR and OWNER are unable to agree 1 . Except as may be otherwise specifically stated in on entitlement to or on the amount or extent, if any, of any the Contract Documents , the provisions of the Contract adjustment in the Contract Price or Contract Times, or both, as Documents shall take precedence in resolving any a result of any delay in OWNER's furnishing the Site, conflict, error, ambiguity, or discrepancy between the CONTRACTOR may make a Claim therefore as provided in provisions of the Contract Documents and: paragraph 10.05. a. the provisions of any standard , specification, B . Upon reasonable written request, OWNER shall manual , code, or instruction (whether or not specifi- furnish CONTRACTOR with a current statement of record legal cally incorporated by reference in the Contract title and legal description of the lands upon which the Work is to Documents); or be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against r r00700 - 9 such lands in accordance with applicable Laws and Regula- 4 . is of an unusual nature, and differs materially from tions , conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract ' C. CONTRACTOR shall provide for all additional lands Documents ; and access thereto that may be required for temporary construction facilities or storage of materials and equipment. then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical 4. 02 Subsurface and Physical Conditions conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6. 16.A), A. Reports and Drawings: The Supplementary notify OWNER and ENGINEER in writing about such condition . Conditions identify: CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid ) 1 . those reports of explorations and tests of until receipt of written order to do so. subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- B . ENGINEER's Review: After receipt of written notice ments ; and as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of 2. those drawings of physical conditions in or relat- OWNER's obtaining additional exploration or tests with respect ing to existing surface or subsurface structures at or thereto, and advise OWNER in writing (with a copy to contiguous to the Site (except Underground Facilities ) CONTRACTOR) of ENGINEER's findings and conclusions. that ENGINEER has used in preparing the Contract Documents. C. Possible Price and Times Adjustments B. Limited Reliance by CONTRACTOR on Technical 1 . The Contract Price or the Contract Times, or Data Authorized. CONTRACTOR may rely upon the general both, will be equitably adjusted to the extent that the accuracy of the "technical data" contained in such reports and existence of such differing subsurface or physical drawings, but such reports and drawings are not Contract Docu- condition causes an increase or decrease in ments . Such "technical data" is identified in the Supplementary CONTRACTOR's cost of, or time required for, perfor- Conditions. Except for such reliance on such "technical data," mance of the Work; subject, however, to the following : CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with a, such condition must meet any one or more respect to: of the categories described in paragraph 4.03.A; and 1 . the completeness of such reports and drawings for CONTRACTOR's purposes , including , but not b. with respect to Work that is paid for on a limited to, any aspects of the means, methods, Unit Price Basis , any adjustment in Contract Price techniques, sequences, and procedures of construction will be subject to the provisions of paragraphs 9.08 to be employed by CONTRACTOR, and safety precau- and 11 .03 . tions and programs incident thereto; or 2. CONTRACTOR shall not be entitled to any 2. other data, interpretations , opinions , and adjustment in the Contract Price or Contract Times if: information contained in such reports or shown or indicated in such drawings; or a . CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a 3. any CONTRACTOR interpretation of or final commitment to OWNER in respect of Contract conclusion drawn from any "technical data" or any such Price and Contract Times by the submission of a other data, interpretations , opinions, or information. Bid or becoming bound under a negotiated contract; or 4.03 Differing Subsurface or Physical Conditions b. the existence of such condition could A. Notice: If CONTRACTOR believes that any subsur- reasonably have been discovered or revealed as a face or physical condition at or contiguous to the Site that is result of any examination, investigation , exploration , uncovered or revealed either: test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract 1 . is of such a nature as to establish that any Documents to be conducted by or for CON- "technical data" on which CONTRACTOR is entitled to TRACTOR prior to CONTRACTOR's making such rely as provided in paragraph 4.02 is materially final commitment; or inaccurate; or c. CONTRACTOR failed to give the written 2. is of such a nature as to require a change in the notice within the time and as required by paragraph Contract Documents ; or 4 . 03 .A. ' 3. differs materially from that shown or indicated in 3. If OWNER and CONTRACTOR are unable to the Contract Documents ; or 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 therefore as 00700 - 10 provided in paragraph 10. 05. However, OWNER, adjustment shall be made in the Contract Price of ENGINEER, and ENGINEER's Consultants shall not be Contract Times, or both , to the extent that they are liable to CONTRACTOR for any claims , costs, losses , attributable to the existence or location of any or damages (including but not limited to all fees and Underground Facility that was not shown or indicated or charges of engineers , architects , attorneys , and other not shown or indicated with reasonable accuracy in the professionals and all court or arbitration or other dispute Contract Documents and that CONTRACTOR did not resolution costs) sustained by CONTRACTOR on or in know of and could not reasonably have been expected connection with any other project or anticipated project. to be aware of or to have anticipated . If OWNER and CONTRACTOR are unable to agree on entitlement to or 4. 04 Underground Facilities on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or A. Shown or Indicated: The information and data shown CONTRACTOR may make a Claim therefore as or indicated in the Contract Documents with respect to existing provided in paragraph 10. 05. Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by 4 . 05 Reference Points the owners of such Underground Facilities , including OWNER, or by others. Unless it is otherwise expressly provided in the A. OWNER shall provide engineering surveys to Supplementary Conditions : establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- 1 . OWNER and ENGINEER shall not be TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for the accuracy or completeness of any responsible for laying out the Work, shall protect and preserve such information or data ; and the established reference points and property monuments , and shall make no changes or relocations without the prior written 2. the cost of all of the following will be included in approval of OWNER. CONTRACTOR shall report to the Contract Price, and CONTRACTOR shall have full ENGINEER whenever any reference point or property responsibility for: monument is lost or destroyed or requires relocation because of necessary changes in grades or locations , and shall be a . reviewing and checking all such information responsible for the accurate replacement or relocation of such and data , reference points or property monuments by professionally qualified personnel. b. locating all Underground Facilities shown or indicated in the Contract Documents , 4. 06 Hazardous Environmental Condition at Site tc. coordination of the Work with the owners of A. Reports and Drawings: Reference is made to the such Underground Facilities , including OWNER, Supplementary Conditions for the identification of those reports during construction, and and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the d. the safety and protection of all such Under- ENGINEER in the preparation of the Contract Documents . ground Facilities and repairing any damage thereto resulting from the Work. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general B. Not Shown or Indicated accuracy of the "technical data" contained in such reports and drawings , but such reports and drawings are not Contract 1 . If an Underground Facility is uncovered or Documents. Such 'technical data" is identified in the revealed at or contiguous to the Site which was not Supplementary Conditions. Except for such reliance on such shown or indicated, or not shown or indicated with "technical data ," CONTRACTOR may not rely upon or make reasonable accuracy in the Contract Documents , CON- any Claim against OWNER, ENGINEER or any of ENGINEER's TRACTOR shall, promptly after becoming aware thereof Consultants with respect to: and before further disturbing conditions affected thereby or performing any Work in connection therewith (except 1 . the completeness of such reports and drawings in an emergency as required by paragraph 6. 16.A), for CONTRACTOR's purposes , including , but not identify the owner of such Underground Facility and give limited to, any aspects of the means , methods , written notice to that owner and to OWNER and ENGI. techniques, sequences and procedures of construction NEER. ENGINEER will promptly review the Under- to be employed by CONTRACTOR and safety ground Facility and determine the extent, if any, to precautions and programs incident thereto; or which a change is required in the Contract Documents to reflect and document the consequences of the 2. other data , interpretations , opinions and existence or location of the Underground Facility. information contained in such reports or shown or During such time, CONTRACTOR shall be responsible indicated in such drawings ; or for the safety and protection of such Underground Facility. 3. any CONTRACTOR interpretation of or conclusion drawn from any 'technical data" or any such 2. If ENGINEER concludes that a change in the other data , interpretations, opinions or information . Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and C. CONTRACTOR shall not be responsible for any document such consequences. An equitable Hazardous Environmental Condition uncovered or revealed at 00700 - 11 the Site which was not shown or indicated in Drawings or or entity from and against the consequences of that individual's Specifications or identified in the Contract Documents to be or entity's own negligence. within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created H . To the fullest extent permitted by Laws and with any materials brought to the Site by CONTRACTOR, Regulations, CONTRACTOR shall indemnify and hold harmless Subcontractors, Suppliers , or anyone else for whom CON- OWNER, ENGINEER, ENGINEER's Consultants , and the TRACTOR is responsible. officers, directors , partners , employees , agents , other consultants , and subcontractors of each and any of them from D. If CONTRACTOR encounters a Hazardous and against all claims , costs, losses, and damages (including Environmental Condition or if CONTRACTOR or anyone for but not limited to all fees and charges of engineers , architects , whom CONTRACTOR is responsible creates a Hazardous attorneys , and other professionals and all court or arbitration or Environmental Condition, CONTRACTOR shall immediately: (i ) other dispute resolution costs ) arising out of or relating to a secure or otherwise isolate such condition; (ii ) stop all Work in Hazardous Environmental Condition created by CONTRACTOR connection with such condition and in any area affected thereby or by anyone for whom CONTRACTOR is responsible. Nothing (except in an emergency as required by paragraph 6. 16); and in this paragraph 4.06. E shall obligate CONTRACTOR to (iii ) notify OWNER and ENGINEER (and promptly thereafter indemnify any individual or entity from and against the confirm such notice in writing ). OWNER shall promptly consult consequences of that individual's or entity's own negligence. with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective I . The provisions of paragraphs 4.02, 4. 03, and 4. 04 are action, if any. not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. 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 ARTICLE 5 - BONDS AND INSURANCE 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 5. 01 Performance, Payment, and Other Bonds special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to A. CONTRACTOR shall furnish performance and entitlement to or on the amount or extent, if any, of any payment Bonds, each in an amount at least equal to the adjustment in Contract Price or Contract Times , or both, as a Contract Price as security for the faithful performance and result of such Work stoppage or such special conditions under payment of all CONTRACTOR's obligations under the Contract which Work is agreed to be resumed by CONTRACTOR, either Documents . These Bonds shall remain in effect at least until party may make a Claim therefore as provided in paragraph one year after the date when final payment becomes due, 10.05. except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such F. If after receipt of such written notice CONTRACTOR other Bonds as are required by the Contract Documents . does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work B . All Bonds shall be in the form prescribed by the under such special conditions, then OWNER may order the Contract Documents except as provided otherwise by Laws or portion of the Work that is in the area affected by such condition Regulations , and shall be executed by such sureties as are to be deleted from the Work. If OWNER and CONTRACTOR named in the current list of "Companies Holding Certificates of cannot agree as to entitlement to or on the amount or extent, if Authority as Acceptable Sureties on Federal Bonds and as any, of an adjustment in Contract Price or Contract Times as a Acceptable Reinsuring Companies" as published in Circular 570 result of deleting such portion of the Work, then either party may (amended) by the Financial Management Service, Surety Bond make a Claim therefore as provided in paragraph 10.05. Branch, U. S. Department of the Treasury. All Bonds signed by OWNER may have such deleted portion of the Work performed an agent must be accompanied by a certified copy of such by OWNER's own forces or others in accordance with Article 7. agent's authority to act. G. To the fullest extent permitted by Laws and C. If the surety on any Bond furnished by CON- Regulations, OWNER shall indemnify and hold harmless TRACTOR is declared bankrupt or becomes insolvent or its CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's right to do business is terminated in any state where any part of Consultants and the officers , directors , partners , employees , the Project is located or it ceases to meet the requirements of agents, other consultants, and subcontractors of each and any paragraph 5.01 . 13, CONTRACTOR shall within 20 days of them from and against all claims , costs , losses , and damages thereafter substitute another Bond and surety, both of which (including but not limited to all fees and charges of engineers , shall comply with the requirements of paragraphs 5. 01 . 13 and architects , attorneys , and other professionals and all court or 5. 02 . arbitration or other dispute resolution costs ) arising out of or relating to a Hazardous Environmental Condition, provided that 5 . 02 Licensed Sureties and Insurers such Hazardous Environmental Condition: (i ) was not shown or indicated in the Drawings or Specifications or identified in the A. All Bonds and insurance required by the Contract Contract Documents to be included within the scope of the Documents to be purchased and maintained by OWNER or Work, and (ii ) was not created by CONTRACTOR or by anyone CONTRACTOR shall be obtained from surety or insurance for whom CONTRACTOR is responsible. Nothing in this para- companies that are duly licensed or authorized in the jurisdiction graph 4 . 06. E shall obligate OWNER to indemnify any individual in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required . Such surety 00700 - 12 and insurance companies shall also meet such additional individuals or entities identified in the Supplementary requirements and qualifications as may be provided in the Conditions , all of whom shall be listed as additional Supplementary Conditions , insureds , and include coverage for the respective officers, directors , partners , employees , agents , and 5. 03 Certificates of Insurance other consultants and subcontractors of each and any of all such additional insureds , and the insurance afforded A. CONTRACTOR shall deliver to OWNER, with copies to these additional insureds shall provide primary to each additional insured identified in the Supplementary coverage for all claims covered thereby; Conditions , certificates of insurance (and other evidence of insurance requested by OWNER or any other additional 2. include at least the specific coverages and be insured ) which CONTRACTOR is required to purchase and written for not less than the limits of liability provided in maintain. OWNER shall deliver to CONTRACTOR, with copies the Supplementary Conditions or required by Laws or to each additional insured identified in the Supplementary Regulations, whichever is greater; Conditions , certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional 3. include completed operations insurance; insured) which OWNER is required to purchase and maintain. 4. include contractual liability insurance covering 5. 04 CONTRACTOR's Liability Insurance CONTRACTOR's indemnity obligations under para- A. CONTRACTOR shallpurchase and maintain such graphs 6.07, 6. 11 , and 6.20; liability and other insurance as is appropriate for the Work being 5. contain a provision or endorsement that the performed and as will provide protection from claims set forth coverage afforded will not be canceled, materially below which may arise out of or result from CONTRACTOR's changed or renewal refused until at least thirty days performance of the Work and CONTRACTOR's other prior written notice has been given to OWNER and obligations under the Contract Documents , whether it is to be CONTRACTOR and to each other additional insured performed by CONTRACTOR, any Subcontractor or Supplier, identified in the Supplementary Conditions to whom a or by anyone directly or indirectly employed by any of them to certificate of insurance has been issued (and the perform any of the Work, or by anyone for whose acts any of certificates of insurance furnished by the CONTRAC- them may be liable: TOR pursuant to paragraph 5.03 will so provide); 1 . claims under workers' compensation, disability 6. remain in effect at least until final payment and at benefits , and other similar employee benefit acts; all times thereafter when CONTRACTOR may be correcting , removing, or replacing defective Work in 2. claims for damages because of bodily injury, accordance with paragraph 13. 07; and occupational sickness or disease, or death of CONTRACTOR's employees; 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made 3. claims for damages because of bodily injury, basis , remain in effect for at least two years after final sickness or disease, or death of any person other than payment (and CONTRACTOR shall furnish OWNER CONTRACTOR's employees; and each other additional insured identified in the Supplementary Conditions, to whom a certificate of 4. claims for damages insured by reasonably insurance has been issued , evidence satisfactory to available personal injury liability coverage which are OWNER and any such additional insured of continua- sustained : (i) by any person as a result of an offense tion of such insurance at final payment and one year directly or indirectly related to the employment of such thereafter). person by CONTRACTOR, or (ii) by any other person for any other reason; 5. 05 OWNER's Liability Insurance 5. claims for damages , other than to the Work itself, A. In addition to the insurance required to be provided by because of injury to or destruction of tangible property CONTRACTOR under paragraph 5. 04, OWNER, at OWNER's wherever located, including loss of use resulting option, may purchase and maintain at OWNER's expense therefrom; and OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the 6. claims for damages because of bodily injury or Contract Documents. death of any person or property damage arising out of the ownership, maintenance or use of any motor 5. 06 Property Insurance vehicle. A. Unless otherwise provided in the Supplementary B. The policies of insurance so required by this Conditions, OWNER shall purchase and maintain property paragraph 5. 04 to be purchased and maintained shall : insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts 1 . with respect to insurance required by paragraphs as may be provided in the Supplementary Conditions or 5.04.A. 3 through 5.04.A. 6 inclusive, include as required by Laws and Regulations ). This insurance shall: additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGI- 1 . include the interests of OWNER, CONTRAC- NEER, ENGINEER's Consultants , and any other TOR, Subcontractors , ENGINEER, ENGINEER's 00700 - 13 Consultants , and any other individuals or entities identi- that are identified in the Supplementary Conditions. The risk of fied in the Supplementary Conditions , and the officers , loss within such identified deductible amount will be borne by directors , partners, employees, agents , and other CONTRACTOR, Subcontractors, or others suffering any such ' consultants and subcontractors of each and any of loss , and if any of them wishes property insurance coverage them , each of whom is deemed to have an insurable within the limits of such amounts , each may purchase and interest and shall be listed as an additional insured ; maintain it at the purchaser's own expense. 1 2. be written on a Builder's Risk "all-risk" or open E. If CONTRACTOR requests in writing that other peril or special causes of loss policy form that shall at special insurance be included in the property insurance policies least include insurance for physical loss or damage to provided under paragraph 5. 06, OWNER shall , if possible, the Work, temporary buildings, false work, and include such insurance, and the cost thereof will be charged to materials and equipment in transit, and shall insure CONTRACTOR by appropriate Change Order or Written against at least the following perils or causes of loss : Amendment. Prior to commencement of the Work at the Site, fire, lightning , extended coverage, theft, vandalism and OWNER shall in writing advise CONTRACTOR whether or not malicious mischief, earthquake, collapse, debris remov- such other insurance has been procured by OWNER. al , demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or 5. 07 Waiver of Rights causes of loss as may be specifically required by the Supplementary Conditions ; A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect 3. include expenses incurred in the repair or OWNER, CONTRACTOR, Subcontractors , ENGINEER, replacement of any insured property (including but not ENGINEER's Consultants, and all other individuals or entities limited to fees and charges of engineers and architects ); identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers , directors, 4. cover materials and equipment stored at the Site partners , employees , agents , and other consultants and or at another location that was agreed to in writing by subcontractors of each and any of them) in such policies and OWNER prior to being incorporated in the Work, will provide primary coverage for all losses and damages provided that such materials and equipment have been caused by the perils or causes of loss covered thereby. All included in an Application for Payment recommended such policies shall contain provisions to the effect that in the by ENGINEER; event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional 5. allow for partial utilization of the Work by insureds thereunder. OWNER and CONTRACTOR waive all OWNER; rights against each other and their respective officers , directors, partners, employees, agents, and other consultants and 6. include testing and startup; and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the 7. be maintained in effect until final payment is perils or causes of loss covered by such policies and any other made unless otherwise agreed to in writing by OWNER, property insurance applicable to the Work; and, in addition , CONTRACTOR, and ENGINEER with 30 days written waive all such rights against Subcontractors , ENGINEER, notice to each other additional insured to whom a certifi- ENGINEER's Consultants , and all other individuals or entities cate of insurance has been issued , identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers , directors, B. OWNER shall purchase and maintain such boiler and partners, employees, agents , and other consultants and machinery insurance or additional property insurance as may be subcontractors of each and any of them ) under such policies for required by the Supplementary Conditions or Laws and losses and damages so caused . None of the above waivers Regulations which will include the interests of OWNER, shall extend to the rights that any party making such waiver may CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's have to the proceeds of insurance held by OWNER as trustee Consultants , and any other individuals or entities identified in or otherwise payable under any policy so issued. the Supplementary Conditions , each of whom is deemed to have an insurable interest and shall be listed as an insured or B . OWNER waives all rights against CONTRACTOR, additional insured. Subcontractors , ENGINEER, ENGINEER's Consultants , and the officers , directors , partners, employees, agents, and other C. All the policies of insurance (and the certificates or consultants and subcontractors of each and any of them for: other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a 1 . loss due to business interruption, loss of use, or provision or endorsement that the coverage afforded will not be other consequential loss extending beyond direct canceled or materially changed or renewal refused until at least physical loss or damage to OWNER's property or the 30 days prior written notice has been given to OWNER and Work caused by, arising out of, or resulting from fire or CONTRACTOR and to each other additional insured to whom a other peril whether or not insured by OWNER; and certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. 2. 1oss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or D . OWNER shall not be responsible for purchasing and other insured peril or cause of loss covered by any maintaining any property insurance specified in this paragraph property insurance maintained on the completed Project 5.06 to protect the interests of CONTRACTOR, Subcontractors , or part thereof by OWNER during partial utilization or others in the Work to the extent of any deductible amounts pursuant to paragraph 14 . 05, after Substantial Com- 00700 - 14 om- 00700 - 14 pletion pursuant to paragraph 14 . 04, or after final payment pursuant to paragraph 14. 07 . 5. 10 Partial Utilization, Acknowledgment of Property Insurer C. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in paragraph A. If OWNER finds it necessary to occupy or use a 5.07. B shall contain provisions to the effect that in the event of portion or portions of the Work prior to Substantial Completion payment of any such loss , damage, or consequential loss , the of all the Work as provided in paragraph 14. 05, no such use or ' insurers will have no rights of recovery against CONTRACTOR, occupancy shall commence before the insurers providing the Subcontractors, ENGINEER, or ENGINEER's Consultants and property insurance pursuant to paragraph 5. 06 have the officers, directors, partners, employees , agents, and other acknowledged notice thereof and in writing effected any consultants and subcontractors of each and any of them. changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement 5.08 Receipt and Application of Insurance Proceeds on the policy or policies , but the property insurance shall not be canceled or permitted to lapse on account of any such partial A. Any insured loss under the policies of insurance use or occupancy. required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds , as their interests may appear, subject to the requirements of any ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES applicable mortgage clause and of paragraph 5. 08. 8 . OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the 6. 01 Supervision and Superintendence parties in interest may reach. If no other special agreement is reached , the damaged Work shall be repaired or replaced , the A. CONTRACTOR shall supervise, inspect, and direct moneys so received applied on account thereof, and the Work the Work competently and efficiently, devoting such attention and the cost thereof covered by an appropriate Change Order thereto . and applying such skills and expertise as may be or Written Amendment. necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the B. OWNER as fiduciary shall have power to adjust and means , methods , techniques , sequences , and procedures of settle any loss with the insurers unless one of the parties in construction , but CONTRACTOR shall not be responsible for interest shall object in writing within 15 days after the the negligence of OWNER or ENGINEER in the design or occurrence of loss to OWNER's exercise of this power. If such specification of a specific means, method , technique, sequence, objection be made, OWNER as fiduciary shall make settlement or procedure of construction which is shown or indicated in and with the insurers in accordance with such agreement as the expressly required by the Contract Documents. CON- parties in interest may reach. If no such agreement among the TRACTOR shall be responsible to see that the completed Work parties in interest is reached, OWNER as fiduciary shall adjust complies accurately with the Contract Documents . and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for B. At all times during the progress of the Work, the proper performance of such duties . CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice 5.09 Acceptance of Bonds and Insurance; Option to to OWNER and ENGINEER except under extraordinary Replace circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on A. If either OWNER or CONTRACTOR has any behalf of CONTRACTOR. All communications given to or objection to the coverage afforded by or other provisions of the received from the superintendent shall be binding on Bonds or insurance required to be purchased and maintained CONTRACTOR. by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting 6. 02 Labor; Working Hours party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested ) required A. CONTRACTOR shall provide competent, suitably by paragraph 2.05. C. OWNER and CONTRACTOR shall each qualified personnel to survey, lay out, and construct the Work provide to the other such additional information in respect of as required by the Contract Documents . CONTRACTOR shall insurance provided as the other may reasonably request. If at all times maintain good discipline and order at the Site. either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents , B . Except as otherwise required for the safety or such party shall notify the other party in writing of such failure to protection of persons or the Work or property at the Site or purchase prior to the start of the Work, or of such failure to adjacent thereto, and except as otherwise stated in the Contract maintain prior to any change in the required coverage. Without Documents , all Work at the Site shall be performed during prejudice to any other right or remedy, the other party may elect regular working hours, and CONTRACTOR will not permit to obtain equivalent Bonds or insurance to protect such other overtime work or the performance of Work on Saturday, party's interests at the expense of the party who was required to Sunday, or any legal holiday without OWNER's written consent provide such coverage, and a Change Order shall be issued to (which will not be unreasonably withheld) given after prior adjust the Contract Price accordingly. written notice to ENGINEER. 00700 - 15 tsufficiently similar so that no change in related Work will be required , it may be considered by ENGINEER as an 6. 03 Services, Materials, and Equipment "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, A. Unless otherwise specified in the General Re- be accomplished without compliance with some or all of quirements, CONTRACTOR shall provide and assume full the requirements for approval of proposed substitute responsibility for all services , materials , equipment, labor, items . For the purposes of this paragraph 6.05.A. 1 , a ' transportation, construction equipment and machinery, tools , proposed item of material or equipment will be appliances , fuel, power, light, heat, telephone, water, sanitary considered functionally equal to an item so named if: facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing , start-up, and a . in the exercise of reasonable judgment completion of the Work. ENGINEER determines that: (i ) it is at least equal in quality, durability, appearance, strength, and B. All materials and equipment incorporated into the design characteristics ; (ii ) it will reliably perform at Work shall be as specified or, if not specified, shall be of good least equally well the function imposed by the quality and new, except as otherwise provided in the Contract design concept of the completed Project as a Documents. All warranties and guarantees specifically called functioning whole, and ; for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall b. CONTRACTOR certifies that: (i ) there is no furnish satisfactory evidence (including reports of required tests ) increase in cost to the OWNER; and (ii) it will as to the source, kind , and quality of materials and equipment. conform substantially, even with deviations , to the All materials and equipment shall be stored, applied , installed, detailed requirements of the item named in the connected, erected, protected, used, cleaned, and conditioned Contract Documents. in accordance with instructions of the applicable Supplier, ' except as otherwise may be provided in the Contract Docu- 2. Substitute Items ments. a . If in ENGINEER's sole discretion an item of 6. 04 Progress Schedule material or equipment proposed by CONTRACTOR does not qualify as an "or-equal" item under A. CONTRACTOR shall adhere to the progress paragraph 6.05.A. 11 it will be considered a proposed schedule established in accordance with paragraph 2. 07 as it substitute item. may be adjusted from time to time as provided below. ' b. CONTRACTOR shall submit sufficient infor- 1 . CONTRACTOR shall submit to ENGINEER for mation as provided below to allow ENGINEER to acceptance (to the extent indicated in paragraph 2.07) determine that the item of material or equipment proposed adjustments in the progress schedule that will proposed is essentially equivalent to that named not result in changing the Contract Times (or and an acceptable substitute therefore. Requests Milestones ). Such adjustments will conform generally to for review of proposed substitute items of material the progress schedule then in effect and additionally will or equipment will not be accepted by ENGINEER comply with any provisions of the General Re- from anyone other than CONTRACTOR. quirements applicable thereto. c. The procedure for review by ENGINEER 2. Proposed adjustments in the progress schedule will be as set forth in paragraph 6.05.A. 2.d, as that will change the Contract Times (or Milestones) shall supplemented in the General Requirements and as ' be submitted in accordance with the requirements of ENGINEER may decide is appropriate under the Article 12. Such adjustments may only be made by a circumstances. Change Order or Written Amendment in accordance with Article 12. d . CONTRACTOR shall first make written application to ENGINEER for review of a proposed 6. 05 Substitutes and "Or-Equals" substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The A. Whenever an item of material or equipment is application shall certify that the proposed substitute specified or described in the Contract Documents by using the item will perform adequately the functions and name of a proprietary item or the name of a particular Supplier, achieve the results called for by the general design , the specification or description is intended to establish the type, be similar in substance to that specified , and be function , appearance, and quality required . Unless the suited to the same use as that specified . The appli- specification or description contains or is followed by words cation will state the extent, if any, to which the use reading that no like, equivalent, or "or-equal" item or no of the proposed substitute item will prejudice substitution is permitted , other items of material or equipment or CONTRACTOR's achievement of Substantial material or equipment of other Suppliers may be submitted to Completion on time, whether or not use of the ENGINEER for review under the circumstances described proposed substitute item in the Work will require a below. change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER 1 . "Or-Equal" Items: If in ENGINEER's sole discre- for work on the Project) to adapt the design to the tion an item of material or equipment proposed by CON- proposed substitute item and whether or not TRACTOR is functionally equal to that named and incorporation or use of the proposed substitute item r00700 - 16 in connection with the Work is subject to payment of any Subcontractor, Supplier, or other individual or entity to any license fee or royalty. All variations of the pro- furnish or perform any of the Work against whom posed substitute item from that specified will be CONTRACTOR has reasonable objection. identified in the application, and available engineering , sales , maintenance, repair, and B . If the Supplementary Conditions require the identity of replacement services will be indicated. The certain Subcontractors, Suppliers , or other individuals or entities application will also contain an itemized estimate of to be submitted to OWNER in advance for acceptance by ' all costs or credits that will result directly or indirectly OWNER by a specified date prior to the Effective Date of the from use of such substitute item, including costs of Agreement, and if CONTRACTOR has submitted a list thereof redesign and claims of other contractors affected by in accordance with the Supplementary Conditions , OWNER's any resulting change, all of which will be considered acceptance (either in writing or by failing to make written objec- by ENGINEER in evaluating the proposed substitute tion thereto by the date indicated for acceptance or objection in item. ENGINEER may require CONTRACTOR to the Bidding Documents or the Contract Documents ) of any such furnish additional data about the proposed Subcontractor, Supplier, or other individual or entity so identified substitute item. may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable B . Substitute Construction Methods or Procedures: If a replacement for the rejected Subcontractor, Supplier, or other specific means, method, technique, sequence, or procedure of individual or entity, and the Contract Price will be adjusted by construction is shown or indicated in and expressly required by the difference in the cost occasioned by such replacement, and the Contract Documents, CONTRACTOR may furnish or utilize an appropriate Change Order will be issued or Written a substitute means, method, technique, sequence, or procedure Amendment signed . No acceptance by OWNER of any such of construction approved by ENGINEER. CONTRACTOR shall Subcontractor, Supplier, or other individual or entity, whether submit sufficient information to allow ENGINEER, in initially or as a replacement, shall constitute a waiver of any ENGINEER's sole discretion, to determine that the substitute right of OWNER or ENGINEER to reject defective Work. ' proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER C. CONTRACTOR shall be fully responsible to OWNER will be similar to that provided in subparagraph 6.05.A.2. and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities C. Engineer's Evaluation: ENGINEER will be allowed a performing or furnishing any of the Work just as reasonable time within which to evaluate each proposal or CONTRACTOR is responsible for CONTRACTOR's own acts submittal made pursuant to paragraphs 6.05.A and 6.05. 13 . and omissions . Nothing in the Contract Documents shall create ENGINEER will be the sole judge of acceptability. No "or-equal" for the benefit of any such Subcontractor, Supplier, or other or substitute will be ordered , installed or utilized until individual or entity any contractual relationship between ENGINEER's review is complete, which will be evidenced by OWNER or ENGINEER and any such Subcontractor, Supplier either a Change Order for a substitute or an approved Shop or other individual or entity, nor shall it create any obligation on Drawing for an "or equal ." ENGINEER will advise the part of OWNER or ENGINEER to pay or to see to the ' CONTRACTOR in writing of any negative determination. payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required D. Special Guarantee: OWNER may require CON- by Laws and Regulations . TRACTOR to fumish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any D . CONTRACTOR shall be solely responsible for substitute. scheduling and coordinating the Work of Subcontractors , Suppliers , and other individuals or entities performing or furnish- E. ENGINEER's Cost Reimbursement ENGINEER will ing any of the Work under a direct or indirect contract with ' record time required by ENGINEER and ENGINEER's Consul- CONTRACTOR. tants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6. 05.A.2 and 6.05. 13 E. CONTRACTOR shall require all Subcontractors , and in making changes in the Contract Documents (or in the Suppliers , and such other individuals or entities performing or provisions of any other direct contract with OWNER for work on furnishing any of the Work to communicate with ENGINEER the Project) occasioned thereby. Whether or not ENGINEER through CONTRACTOR. approves a substitute item so proposed or submitted by CON- TRACTOR, CONTRACTOR shall reimburse OWNER for the F. The divisions and sections of the Specifications and ' charges of ENGINEER and ENGINEER's Consultants for the identifications of any Drawings shall not control evaluating each such proposed substitute. CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any F. CONTRACTOR's Expense: CONTRACTOR shall specific trade. provide all data in support of any proposed substitute or ' "or-equal" at CONTRACTOR's expense. G . All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate 6. 06 Concerning Subcontractors, Suppliers, and Others agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier A. CONTRACTOR shall not employ any Subcontractor, to the applicable terms and conditions of the Contract Supplier, or other individual or entity (including those acceptable Documents for the benefit of OWNER and ENGINEER. to OWNER as indicated in paragraph 6.06. 13 ), whether initially Whenever any such agreement is with a Subcontractor or or as a replacement, against whom OWNER may have reason- Supplier who is listed as an additional insured on the property able objection . CONTRACTOR shall not be required to employ insurance provided in paragraph 5. 06, the agreement between r00700 - 17 ' the CONTRACTOR and the Subcontractor or Supplier will B . If CONTRACTOR performs any Work knowing or contain provisions whereby the Subcontractor or Supplier having reason to know that it is contrary to Laws or Regulations, waives all rights against OWNER, CONTRACTOR, ENGI- CONTRACTOR shall bear all claims , costs , losses, and ' NEER, ENGINEER's Consultants , and all other individuals or damages (including but not limited to all fees and charges of entities identified in the Supplementary Conditions to be listed engineers , architects, attorneys, and other professionals and all as insureds or additional insureds (and the officers , directors , court or arbitration or other dispute resolution costs) arising out partners , employees, agents , and other consultants and of or relating to such Work; however, it shall not be ' subcontractors of each and any of them ) for all losses and CONTRACTOR's primary responsibility to make certain that the damages caused by, arising out of, relating to, or resulting from Specifications and Drawings are in accordance with Laws and any of the perils or causes of loss covered by such policies and Regulations , but this shall not relieve CONTRACTOR of any other property insurance applicable to the Work. If the CONTRACTOR's obligations under paragraph 3.03. ' insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR C. Changes in Laws or Regulations not known at the will obtain the same. 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 6 . 07 Patent Fees and Royalties time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and A. CONTRACTOR shall pay all license fees and CONTRACTOR are unable to agree on entitlement to or on the royalties and assume all costs incident to the use in the amount or extent, if any, of any such adjustment, a Claim may performance of the Work or the incorporation in the Work of any be made therefore as provided in paragraph 10. 05. invention, design , process , product, or device which is the subject of patent rights or copyrights held by others . If a 6. 10 Taxes particular invention, design , process, product, or device is specified in the Contract Documents for use in the performance A. CONTRACTOR shall pay all sales , consumer, use, ' of the Work and if to the actual knowledge of OWNER or and other similar taxes required to be paid by CONTRACTOR in ENGINEER its use is subject to patent rights or copyrights accordance with the Laws and Regulations of the place of the calling for the payment of any license fee or royalty to others , Project which are applicable during the performance of the the existence of such rights shall be disclosed by OWNER in Work. ' the Contract Documents. To the fullest extent permitted by Laws and Regulations , CONTRACTOR shall indemnify and 6. 11 Use of Site and Other Areas hold harmless OWNER, ENGINEER, ENGINEER's Consultants , and the officers , directors, partners , employees or A. Limitation on Use of Site and Other Areas ' agents, and other consultants of each and any of them from and against all claims, costs, losses , and damages (including but 1 . CONTRACTOR shall confine construction equip- not limited to all fees and charges of engineers , architects, ment, the storage of materials and equipment, and the attorneys , and other professionals and all court or arbitration or operations of workers to the Site and other areas other dispute resolution costs) arising out of or relating to any permitted by Laws and Regulations, and shall not infringement of patent rights or copyrights incident to the use in unreasonably encumber the Site and other areas with the performance of the Work or resulting from the incorporation construction equipment or other materials or equipment. in the Work of any invention, design, process , product, or CONTRACTOR shall assume full responsibility for any device not specified in the Contract Documents . damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas 6.08 Permits resulting from the performance of the Work. ' A. Unless otherwise provided in the Supplementary 2. Should any claim be made by any such owner or Conditions, CONTRACTOR shall obtain and pay for all occupant because of the performance of the Work, construction permits and licenses . OWNER shall assist CONTRACTOR shall promptly settle with such other CONTRACTOR, when necessary, in obtaining such permits party by negotiation or otherwise resolve the claim by and licenses. CONTRACTOR shall pay all governmental arbitration or other dispute resolution proceeding or at charges and inspection fees necessary for the prosecution of law. 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. 3. To the fullest extent permitted by Laws and CONTRACTOR shall pay all charges of utility owners for Regulations , CONTRACTOR shall indemnify and hold connections to the Work, and OWNER shall pay all charges of harmless OWNER, ENGINEER, ENGINEER's such utility owners for capital costs related thereto, such as Consultant, and the officers , directors , partners , plant investment fees . employees, agents , and other consultants of each and ' any of them from and against all claims , costs, losses , 6. 09 Laws and Regulations and damages (including but not limited to all fees and charges of engineers , architects , attorneys , and other A. CONTRACTOR shall give all notices and comply with professionals and all court or arbitration or other dispute all Laws and Regulations applicable to the performance of the resolution costs ) arising out of or relating to any claim or ' Work. Except where otherwise expressly required by applicable action, legal or equitable, brought by any such owner or Laws and Regulations, neither OWNER nor ENGINEER shall occupant against OWNER, ENGINEER, or any other be responsible for monitoring CONTRACTOR's compliance with party indemnified hereunder to the extent caused by or any Laws or Regulations . based upon CONTRACTOR's performance of the Work. ' 00700 - 18 relocation , and replacement of their property. All damage, B. Removal of Debris During Performance of the Work. injury, or loss to any property referred to in paragraph 6. 13.A.2 During the progress of the Work CONTRACTOR shall keep the or 6. 13.A. 3 caused , directly or indirectly, in whole or in part, by ' Site and other areas free from accumulations of waste CONTRACTOR, any Subcontractor, Supplier, or any other materials , rubbish, and other debris. Removal and disposal of individual or entity directly or indirectly employed by any of them such waste materials, rubbish , and other debris shall conform to to perform any of the Work, or anyone for whose acts any of applicable Laws and Regulations. them may be liable, shall be remedied by CONTRACTOR ' (except damage or loss attributable to the fault of Drawings or C. Cleaning: Prior to Substantial Completion of the Work Specifications or to the acts or omissions of OWNER or CONTRACTOR shall clean the Site and make it ready for ENGINEER or ENGINEER's Consultant, or anyone employed utilization by OWNER. At the completion of the Work CON- by any of them, or anyone for whose acts any of them may be TRACTOR shall remove from the Site all tools, appliances, liable, and not attributable, directly or indirectly, in whole or in construction equipment and machinery, and surplus materials part, to the fault or negligence of CONTRACTOR or any and shall restore to original condition all property not designated Subcontractor, Supplier, or other individual or entity directly or for alteration by the Contract Documents . indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work D. Loading Structures: CONTRACTOR shall not load shall continue until such time as all the Work is completed and nor permit any part of any structure to be loaded in any manner ENGINEER has issued a notice to OWNER and that will endanger the structure, nor shall CONTRACTOR CONTRACTOR in accordance with paragraph 14.07. B that the subject any part of the Work or adjacent property to stresses or Work is acceptable (except as otherwise expressly provided in pressures that will endanger it. connection with Substantial Completion). 6. 12 Record Documents 6. 14 Safety Representative A. CONTRACTOR shall maintain in a safe place at the A. CONTRACTOR shall designate a qualified and Site one record copy of all Drawings, Specifications , Addenda , experienced safety representative at the Site whose duties and Written Amendments , Change Orders, Work Change responsibilities shall be the prevention of accidents and the Directives , Field Orders, and written interpretations and maintaining and supervising of safety precautions and ' clarifications in good order and annotated to show changes programs. made during construction. These record documents together with all approved Samples and a counterpart of all approved 6. 15 Hazard Communication Programs Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents , A. CONTRACTOR shall be responsible for coordinating Samples , and Shop Drawings will be delivered to ENGINEER any exchange of material safety data sheets or other hazard for OWNER. communication information required to be made available to or exchanged between or among employers at the Site in 6. 13 Safety and Protection accordance with Laws or Regulations. A. CONTRACTOR shall be solely responsible for 6. 16 Emergencies initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall A. In emergencies affecting the safety or protection of take all necessary precautions for the safety of, and shall persons or the Work or property at the Site or adjacent thereto, provide the necessary protection to prevent damage, injury or CONTRACTOR is obligated to act to prevent threatened dam- loss to: age, injury, or loss . CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any 1 . all persons on the Site or who may be affected significant changes in the Work or variations from the Contract by the Work; Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the ' 2. all the Work and materials and equipment to be Contract Documents is required because of the action taken by incorporated therein, whether in storage on or off the CONTRACTOR in response to such an emergency, a Work Site; and Change Directive or Change Order will be issued . 3. other property at the Site or adjacent thereto, 6. 17 Shop Drawings and Samples including trees , shrubs, lawns , walks , pavements, roadways , structures, utilities , and Underground Facili- A. CONTRACTOR shall submit Shop Drawings to ties not designated for removal, relocation, or ENGINEER for review and approval in accordance with the replacement in the course of construction. acceptable schedule of Shop Drawings and Sample submittals . All submittals will be identified as ENGINEER may require and B . CONTRACTOR shall comply with all applicable Laws in the number of copies specified in the General Requirements . and Regulations relating to the safety of persons or property, or The data shown on the Shop Drawings will be complete with to the protection of persons or property from damage, injury, or respect to quantities , dimensions, specified performance and loss ; and shall erect and maintain all necessary safeguards for design criteria , materials , and similar data to show ENGINEER such safety and protection . CONTRACTOR shall notify owners the services , materials , and equipment CONTRACTOR of adjacent property and of Underground Facilities and other proposes to provide and to enable ENGINEER to review the utility owners when prosecution of the Work may affect them, information for the limited purposes required by paragraph ' and shall cooperate with them in the protection, removal, 6. 17. 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M4 'eua;uo eouewjopgd payloads 'suols M4 b33NION3 pue £'d 'Ll '9 ydei6eied Aq paj!nb -uawlp 'sallguenb ' s;uawajnseaw play Ile -e -aj se leu!wgns yoea ;o awy ayl le uoyeuen, yons yoea of uogualle s,b33N10N3 pallBo 6uyunn u! sey ZIOl pai uan ue ww�a a ane IIBLIS 'a d ' -0bRi1N00 ssalun s;uewnooa ;oeilu a o � P } P y II y wgns b211N00 I 00 yl ; s;uaw -wes �0 6u!nne�a doyS yoea 6u!�!wgns dao;a8 • � -annbei ay; wa; uoyeuen ke jol fi4!I!glsuodsej wa; 2i01 VdINOO anayaJ lou lleys seldweS jo s6ume (] ginpa p d lellluagnS Q doyS ;o lenadde pue nna!na� s,b33NION3 '£ ' H010"JLN00 3o )l!I!q!suodsaa pue asuedxe alos ay; le eq suo!;oun; wall ay; yo!ynn u! �igwasse Illm lepwgns ;ueupied ay; jo lenadde pue nna!naJ s,H33NI0N3 ayl to lenadde aleo!pu! lou II!m yons se Wei! alejedas a of joud pewjojjed VoM palelaj Aue 'LO •Z ydw6eied ;o lenadde pue n oi= a41 •olajayl ;ueplou! swei6ad Aq pannbei se H33NION3 o; elgeldaooe slelllwgns aldweS ' jo suoyneoaid dales o; jo ( sluewnooQ loealu00 ay; pue s6uimejQ doyS ;o alnpayos ay; jo sluewnooa loeiluo0 Aq jol papeo Alssejdxe pue AlleoUpeds si uolloru;suoo ay; Aq panQ nba� s! aldweS �0 6u !Me� doyS a ajayM O ;o ampeoad jo 'oouanbes 'anb!uyoa; ' poy;aw 'sueaw jelnoped a ejegm ldeoxe) uoyorulsuoo jo sompeoad • suoyeogpec!S ay; ui payloads se aq II!m pel;!wgns aq jo 'seouenbes 'senb!uyool 'spoylaw sueaw o; o; aldweS yoea ;o sjegwnu ayl '3119 ydej6ejed Aq peipbei , puWe lou II !m lenadde pue nna!naU s,H33NION3 'Z sasodand Pepw!l ay; jol lepwgns ay; meiAeJ o; 833NION3 elgeua o; cupbei stew ZI33NION3 se as!nnjay;o pue popualu! -sluawnooa loeiluo0 ay; Aq yoigm jo; asn ay; pue ' sjegwnu boleleo se yons elep luou!}�ad ' pa;eo!pul se alogm bu!uo!lounj a se loafad pelaldwoo 'Jei!ddnS 'leualew o; se Q �( ea o pay!;uap! p!nn aldweS yoea OW ;o ideouoo u61s9p ay; qpm a ledwoo a u I Ig. pue ' sie�!wgns aldweS pue s6u!nnejd doyS ;o elnpayos algeldaooe - s;uawnooa loeJ;uo0 ay; ul uan!6 uo!;euuolu1 ay; o; wao; ay; qpm aouepi000e u! lenadde pue M91AOJ BOJ H33NION3 -uoo 'NioM ay; w uolleaodjow jo uo!lellelsu! cage `Ipm of saldweS l!wgns osle !legs b010` UiN00 '13 slepwgns ay; Aq paaanoo swap ay; 1! au!waalap of Aluo ' ' B. CONTRACTOR's obligation to perform and complete directly or indirectly employed by any of them to perform any of the Work in accordance with the Contract Documents shall be the Work, or anyone for whose acts any of them may be liable, absolute. None of the following will constitute an acceptance of the indemnification obligation under paragraph 6.20.A shall not ' Work that is not in accordance with the Contract Documents or be limited in any way by any limitation on the amount or type of a release of CONTRACTOR's obligation to perform the Work in damages, compensation, or benefits payable by or for CON- accordance with the Contract Documents : TRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts , disability 1 . observations by ENGINEER; benefit acts, or other employee benefit acts . 2. recommendation by ENGINEER or payment by C. The indemnification obligations of CONTRACTOR OWNER of any progress or final payment; under paragraph 6.20.A shall not extend to the liability of ' ENGINEER and ENGINEER's Consultants or to the officers , 3. the issuance of a certificate of Substantial directors , partners , employees, agents , and other consultants Completion by ENGINEER or any payment related and subcontractors of each and any of them arising out of: thereto by OWNER; 1 .the preparation or approval of, or the failure to 4. use or occupancy of the Work or any part thereof prepare or approve, maps , Drawings , opinions , reports , by OWNER; surveys , Change Orders, designs, or Specifications; or ' 5. any acceptance by OWNER or any failure to do 2. giving directions or instructions, or failing to give so; them, if that is the primary cause of the injury or damage. 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER; ARTICLE 7 - OTHER WORK 7. any inspection, test, or approval by others; or 7. 01 Related Work at Site ' 8. any correction of defective Work by OWNER. A. OWNER may perform other work related to the 6. 20 Indemnification Project at the Site by OWNER's employees , or let other direct contracts therefore, or have other work performed by utility A. To the fullest extent permitted by Laws and Regula- owners. If such other work is not noted in the Contract tions, CONTRACTOR shall indemnify and hold harmless Documents, then : OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners , employees, agents, and other 1 . written notice thereof will be given to CONTRAC- ' consultants and subcontractors of each and any of them from TOR prior to starting any such other work; and and against all claims, costs, losses , and damages (including but not limited to all fees and charges of engineers, architects, 2. if OWNER and CONTRACTOR are unable to attorneys, and other professionals and all court or arbitration or agree on entitlement to or on the amount or extent, if other dispute resolution costs ) arising out of or relating to the any, of any adjustment in the Contract Price or Contract performance of the Work, provided that any such claim, cost, Times that should be allowed as a result of such other loss, or damage: work, a Claim may be made therefore as provided in paragraph 10.05. 1 . is attributable to bodily injury, sickness , disease, or death, or to injury to or destruction of tangible B. CONTRACTOR shall afford each other contractor property (other than the Work itself), including the loss who is a party to such a direct contract and each utility owner of use resulting therefrom; and (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a 2. is caused in whole or in part by any negli- reasonable opportunity for the introduction and storage of gent act or omission of CONTRACTOR, any Sub- materials and equipment and the execution of such other work contractor, any Supplier, or any individual or entity and shall properly coordinate the Work with theirs . Unless ' directly or indirectly employed by any of them to perform otherwise provided in the Contract Documents, CONTRACTOR any of the Work or anyone for whose acts any of them shall do all cutting, fitting , and patching of the Work that may be may be liable, regardless of whether or not caused in required to properly connect or otherwise make its several parts part by any negligence or omission of an individual or come together and properly integrate with such other work. ' entity indemnified hereunder or whether liability is CONTRACTOR shall not endanger any work of others by imposed upon such indemnified party by taws and cutting , excavating, or otherwise altering their work and will only Regulations regardless of the negligence of any such cut or alter their work with the written consent of ENGINEER individual or entity. and the others whose work will be affected . The duties and responsibilities of CONTRACTOR under this paragraph are for ' B. In any and all claims against OWNER or ENGINEER the benefit of such utility owners and other contractors to the or any of their respective consultants, agents , officers , directors , extent that there are comparable provisions for the benefit of partners , or employees by any employee (or the survivor or CONTRACTOR in said direct contracts between OWNER and personal representative of such employee) of CONTRACTOR, such utility owners and other contractors . ' any Subcontractor, any Supplier, or any individual or entity ' 00700 - 21 ' C. If the proper execution or results of any part of available to CONTRACTOR copies of reports of explorations CONTRACTOR's Work depends upon work performed by and tests of subsurface conditions and drawings of physical others under this Article 7, CONTRACTOR shall inspect such conditions in or relating to existing surface or subsurface ' other work and promptly report to ENGINEER in writing any structures at or contiguous to the Site that have been utilized by delays , defects , or deficiencies in such other work that render it ENGINEER in preparing the Contract Documents. unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report 8 . 06 Insurance will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for A. OWNER's responsibilities , if any, in respect to pur- latent defects and deficiencies in such other work. chasing and maintaining liability and property insurance are set forth in Article 5. 7.02 Coordination A. If OWNER intends to contract with others for the 8 .07 Change Orders performance of other work on the Project at the Site, the A. OWNER is obligated to execute Change Orders as following will be set forth in Supplementary Conditions : indicated in paragraph 10. 03. 1 .the individual or entity who will have authority and 8. 08 Inspections, Tests, and Approvals responsibility for coordination of the activities among the ' various contractors will be identified; A. OWNER's responsibility in respect to certain inspec- 2. the specific matters to be covered by such tions , tests, and approvals is set forth in paragraph 13. 03. 8. authority and responsibility will be itemized; and 8 .09 Limitations on OWNER's Responsibilities 3. the extent of such authority and responsibilities A. The OWNER shall not supervise, direct, or have will be provided. control or authority over, nor be responsible for, CONTRACTOR's means, methods , techniques , sequences, or B. Unless otherwise provided in the Supplementary procedures of construction, or the safety precautions and ' Conditions , OWNER shall have sole authority and responsibility programs incident thereto, or for any failure of CONTRACTOR for such coordination. to comply with Laws and Regulations applicable to the perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance ' ARTICLE 8 - OWNER'S RESPONSIBILITIES with the Contract Documents , 8 . 10 Undisclosed Hazardous Environmental Condition 8.01 Communications to Contractor A. OWNER's responsibility in respect to an undisclosed A. Except as otherwise provided in these General Condi- Hazardous Environmental Condition is set forth in paragraph tions, OWNER shall issue all communications to 4.06. CONTRACTOR through ENGINEER. 8. 02 Replacement of ENGINEER 8 . 11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish A. In case of termination of the employment of ENGI- CONTRACTOR reasonable evidence that financial NEER, OWNER shall appoint an engineer to whom arrangements have been made to satisfy OWNER's obligations CONTRACTOR makes no reasonable objection, whose status under the Contract Documents , OWNER's responsibility in under the Contract Documents shall be that of the former ENGI- respect thereof will be as set forth in the Supplementary NEER. Conditions . 8. 03 Furnish Data ARTICLE 9 - ENGINEER'S STATUS DURING A. OWNER shall promptly furnish the data required of CONSTRUCTION OWNER under the Contract Documents . 8 . 04 Pay Promptly When Due 9. 01 OWNER'S Representative A. OWNER shall make payments to CONTRACTOR A. ENGINEER will be OWNER's representative during promptly when they are due as provided in paragraphs 14.02.0 the construction period . The duties and responsibilities and the and 14.07. C. limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract 8 .05 Lands and Easements; Reports and Tests Documents and will not be changed without written consent of OWNER and ENGINEER. A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish 9. 02 visits to Site reference points are set forth in paragraphs 4.01 and 4. 05. Paragraph 4 . 02 refers to OWNER's identifying and making ' 00700 - 22 ' A. ENGINEER will make visits to the Site at intervals Contract Documents . These may be accomplished by a Field appropriate to the various stages of construction as ENGINEER Order and will be binding on OWNER and also on CON- deems necessary in order to observe as an experienced and TRACTOR, who shall perform the Work involved promptly. If ' qualified design professional the progress that has been made OWNER and CONTRACTOR are unable to agree on and the quality of the various aspects of CONTRACTOR's entitlement to or on the amount or extent, if any, of any executed Work. Based on information obtained during such adjustment in the Contract Price or Contract Times , or both, as visits and observations , ENGINEER, for the benefit of OWNER, a result of a Field Order, a Claim may be made therefore as will determine, in general , if the Work is proceeding in provided in paragraph 10.05. accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on 9 . 06 Rejecting Defective Work the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for A. ENGINEER will have authority to disapprove or reject OWNER a greater degree of confidence that the completed Work which ENGINEER believes to be defective, or that Work will conform generally to the Contract Documents . On the ENGINEER believes will not produce a completed Project that basis of such visits and observations , ENGINEER will keep conforms to the Contract Documents or that will prejudice the OWNER informed of the progress of the Work and will endeav- integrity of the design concept of the completed Project as a or to guard OWNER against defective Work. functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection B. ENGINEER's visits and observations are subject to all or testing of the Work as provided in paragraph 13.04, whether ' the limitations on ENGINEER's authority and responsibility set or not the Work is fabricated, installed , or completed . forth in paragraph 9. 10, and particularly, but without limitation , during or as a result of ENGINEER's visits or observations of 9.07 Shop Drawings, Change Orders and Payments CONTRACTOR's Work ENGINEER will not supervise, direct, control , or have authority over or be responsible for A. In connection with ENGINEER's authority as to Shop CONTRACTOR's means , methods , techniques , sequences , or Drawings and Samples, see paragraph 6. 17. procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR B . In connection with ENGINEER's authority as to to comply with Laws and Regulations applicable to the Change Orders , see Articles 101 11 , and 12. performance of the Work. C. In connection with ENGINEER's authority as to 9.03 Project Representative Applications for Payment, see Article 14. ' A. If OWNER and ENGINEER agree, ENGINEER will 9. 08 Determinations for Unit Price Work furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The A. ENGINEER will determine the actual quantities and responsibilities and authority and limitations thereon of any such classifications of Unit Price Work performed by ' Resident Project Representative and assistants will be as CONTRACTOR. ENGINEER will review with CONTRACTOR provided in paragraph 9. 10 and in the Supplementary the ENGINEER's preliminary determinations on such matters Conditions. If OWNER designates another representative or before rendering a written decision thereon (by recommendation agent to represent OWNER at the Site who is not ENGINEER's of an Application for Payment or otherwise). ENGINEER's Consultant, agent or employee, the responsibilities and authority written decision thereon will be final and binding (except as and limitations thereon of such other individual or entity will be modified by ENGINEER to reflect changed factual conditions or as provided in the Supplementary Conditions . more accurate data ) upon OWNER and CONTRACTOR, 9 . 04 Clarifications and Interpretations subject to the provisions of paragraph 10. 05. ' 9. 09 Decisions on Requirements of Contract Documents A. ENGINEER will issue with reasonable promptness and Acceptability of Work such written clarifications or interpretations of the requirements ' of the Contract Documents as ENGINEER may determine A. ENGINEER will be the initial interpreter of the necessary, which shall be consistent with the intent of and requirements of the Contract Documents and judge of the reasonably inferable from the Contract Documents . Such acceptability of the Work thereunder. Claims , disputes and written clarifications and interpretations will be binding on other matters relating to the acceptability of the Work, the OWNER and CONTRACTOR. If OWNER and CONTRACTOR quantities and classifications of Unit Price Work, the are unable to agree on entitlement to or on the amount or interpretation of the requirements of the Contract Documents extent, if any, of any adjustment in the Contract Price or pertaining to the performance of the Work, and Claims seeking Contract Times , or both , that should be allowed as a result of a changes in the Contract Price or Contract Times will be referred written clarification or interpretation, a Claim may be made initially to ENGINEER in writing , in accordance with the therefore as provided in paragraph 10. 05. provisions of paragraph 10.05, with a request for a formal decision. 9 . 05 Authorized Variations in Work B . When functioning as interpreter and judge under this ' A. ENGINEER may authorize minor variations in the paragraph 9.09, ENGINEER will not show partiality to OWNER Work from the requirements of the Contract Documents which or CONTRACTOR and will not be liable in connection with any do not involve an adjustment in the Contract Price or the interpretation or decision rendered in good faith in such Contract Times and are compatible with the design concept of capacity. The rendering of a decision by ENGINEER pursuant ' the completed Project as a functioning whole as indicated by the to this paragraph 9.09 with respect to any such Claim , dispute, 00700 - 23 or other matter (except any which have been waived by the B . If OWNER and CONTRACTOR are unable to agree making or acceptance of final payment as provided in on entitlement to, or on the amount or extent, if any, of an paragraph 14.07) will be a condition precedent to any exercise adjustment in the Contract Price or Contract Times , or both , that by OWNER or CONTRACTOR of such rights or remedies as should be allowed as a result of a Work Change Directive, a either may otherwise have under the Contract Documents or by Claim may be made therefore as provided in paragraph 10.05. Laws or Regulations in respect of any such Claim, dispute, or other matter. 10. 02 Unauthorized Changes in the Work 9. 10 Limitations on ENGINEER's Authority and Respon- A. CONTRACTOR shall not be entitled to an increase in sibilities the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the A. Neither ENGINEER's authority or responsibility under Contract Documents as amended , modified , or supplemented this Article 9 or under any other provision of the Contract as provided in paragraph 3.04, except in the case of an emer- Documents nor any decision made by ENGINEER in good faith gency as provided in paragraph 6. 16 or in the case of either to exercise or not exercise such authority or responsibility uncovering Work as provided in paragraph 13. 04. B . ' or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to 10. 03 Execution of Change Orders any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other A. OWNER and CONTRACTOR shall execute appropri- ' individual or entity, or to any surety for or employee or agent of ate Change Orders recommended by ENGINEER (or Written any of them. Amendments ) covering : B . ENGINEER will not supervise, direct, control, or have 1 . changes in the Work which are: (i ) ordered by authority over or be responsible for CONTRACTOR's means , OWNER pursuant to paragraph 10.01 .A, (ii) required ' methods , techniques, sequences, or procedures of because of acceptance of defective Work under para- construction, or the safety precautions and programs incident graph 13.08.A or OWNER's correction of defective thereto, or for any failure of CONTRACTOR to comply with Work under paragraph 13. 09, or (iii) agreed to by the Laws and Regulations applicable to the performance of the parties; ' Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract 2. changes in the Contract Price or Contract Times Documents. which are agreed to by the parties, including any undisputed sum or amount of time for Work actually ' C. ENGINEER will not be responsible for the acts or performed in accordance with a Work Change Directive; omissions of CONTRACTOR or of any Subcontractor, any and Supplier, or of any other individual or entity performing any of the Work. 3. changes in the Contract Price or Contract Times which embody the substance of any written decision D. ENGINEER's review of the final Application for rendered by ENGINEER pursuant to paragraph 10.05; Payment and accompanying documentation and all mainte- provided that, in lieu of executing any such Change nance and operating instructions, schedules , guarantees, Order, an appeal may be taken from any such decision Bonds , certificates of inspection, tests and approvals , and other in accordance with the provisions of the Contract documentation required to be delivered by paragraph 14.07.A Documents and applicable Laws and Regulations , but will only be to determine generally that their content complies during any such appeal , CONTRACTOR shall carry on with the requirements of, and in the case of certificates of in- the Work and adhere to the progress schedule as spections, tests , and approvals that the results certified indicate provided in paragraph 6. 18.A. compliance with, the Contract Documents . 10 . 04 Notification to Surety E. The limitations upon authority and responsibility set ' forth in this paragraph 9. 10 shall also apply to ENGINEER's A. If notice of any change affecting the general scope of Consultants, Resident Project Representative, and assistants. the Work or the provisions of the Contract Documents (including , but not limited to, Contract Price or Contract Times) ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 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 10. 01 Authorized Changes in the Work adjusted to reflect the effect of any such change. A. Without invalidating the Agreement and without notice 10. 05 Claims and Disputes to any surety, OWNER may, at any time or from time to time, order additions , deletions, or revisions in the Work by a Written A. Notice: Written notice stating the general nature of Amendment, a Change Order, or a Work Change Directive. each Claim, dispute, or other matter shall be delivered by the Upon receipt of any such document, CONTRACTOR shall claimant to ENGINEER and the other party to the Contract ' promptly proceed with the Work involved which will be promptly (but in no event later than 30 days ) after the start of performed under the applicable conditions of the Contract the event giving rise thereto. Notice of the amount or extent of Documents (except as otherwise specifically provided ). 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 00700 - 24 allows additional time for claimant to submit additional or more agreed to in writing by OWNER, such costs shall be in amounts accurate data in support of such Claim, dispute, or other no higher than those prevailing in the locality of the Project, shall matter). A Claim for an adjustment in Contract Price shall be include only the following items, and shall not include any of the prepared in accordance with the provisions of paragraph costs itemized in paragraph 11 .01 . B . 12. 01 . B . A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 1 . Payroll costs for employees in the direct employ 12.02. 13 . Each Claim shall be accompanied by claimant's of CONTRACTOR in the performance of the Work ' written statement that the adjustment claimed is the entire under schedules of job classifications agreed upon by adjustment to which the claimant believes it is entitled as a OWNER and CONTRACTOR. Such employees shall result of said event. The opposing party shall submit any include without limitation superintendents , foremen, and response to ENGINEER and the claimant within 30 days after other personnel employed full time at the Site. Payroll receipt of the claimant's last submittal (unless ENGINEER costs for employees not employed full time on the Work allows additional time). shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited B. ENGINEER's Decision: ENGINEER will render a to, salaries and wages plus the cost of fringe benefits , ' formal decision in writing within 30 days after receipt of the last which shall include social security contributions , unem- submittal of the claimant or the last submittal of the opposing ployment, excise, and payroll taxes, workers' party, if any. ENGINEER's written decision on such Claim, compensation, health and retirement benefits , bonuses, dispute, or other matter will be final and binding upon OWNER sick leave, vacation and holiday pay applicable thereto. ' and CONTRACTOR unless: The expenses of performing Work outside of regular working hours , on Saturday, Sunday, or legal holidays , 1 . an appeal from ENGINEER's decision is taken shall be included in the above to the extent authorized within the time limits and in accordance with the dispute by OWNER. resolution procedures set forth in Article 16; or ' 2. Cost of all materials and equipment furnished 2. if no such dispute resolution procedures have and incorporated in the Work, including costs of been set forth in Article 16, a written notice of intention transportation and storage thereof, and Suppliers' field to appeal from ENGINEER's written decision is services required in connection therewith. All cash delivered by OWNER or CONTRACTOR to the other discounts shall accrue to CONTRACTOR unless and to ENGINEER within 30 days after the date of such OWNER deposits funds with CONTRACTOR with decision, and a formal proceeding is instituted by the which to make payments , in which case the cash appealing party in a forum of competent jurisdiction discounts shall accrue to OWNER. All trade discounts, within 60 days after the date of such decision or within rebates and refunds and returns from sale of surplus 60 days after Substantial Completion, whichever is later materials and equipment shall accrue to OWNER, and (unless otherwise agreed in writing by OWNER and CONTRACTOR shall make provisions so that they may CONTRACTOR), to exercise such rights or remedies as be obtained. ' the appealing party may have with respect to such Claim, dispute, or other matter in accordance with 3. Payments made by CONTRACTOR to applicable Laws and Regulations. Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain ' C. If ENGINEER does not render a formal decision in competitive bids from subcontractors acceptable to writing within the time stated in paragraph 10.05. 13 , a decision OWNER and CONTRACTOR and shall deliver such denying the Claim in its entirety shall be deemed to have been bids to OWNER, who will then determine, with the issued 31 days after receipt of the last submittal of the claimant advice of ENGINEER, which bids, if any, will be or the last submittal of the opposing party, if any. acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the D. No Claim for an adjustment in Contract Price or Work plus a fee, the Subcontractor's Cost of the Work Contract Times (or Milestones) will be valid if not submitted in and fee shall be determined in the same manner as ' accordance with this paragraph 10. 05. CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11 .01 . ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; 4. Costs of special consultants (including but not UNIT PRICE WORK limited to engineers , architects , testing laboratories, surveyors , attorneys , and accountants ) employed for 11 . 01 Cost of the Work services specifically related to the Work. A. Costs Included: The term Cost of the Work means 5. Supplemental costs including the following : the sum of all costs necessarily incurred and paid by CON- a. The proportion of necessary transportation , TRACTOR in the proper performance of the Work. When the travel , and subsistence expenses of CONTRACTOR's value of any Work covered by a Change Order or when a Claim employees incurred in discharge of duties connected for an adjustment in Contract Price is determined on the basis with the Work. of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental b. Cost, including transportation and maintenance, costs required because of the change in the Work or because of of all materials , supplies , equipment, machinery, ' the event giving rise to the Claim. Except as otherwise may be appliances , office, and temporary facilities at the Site, 00700 . 25 and hand tools not owned by the workers , which are 1 . Payroll costs and other compensation of consumed in the performance of the Work, and cost, CONTRACTOR's officers , executives, principals (of less market value, of such items used but not con- partnerships and sole proprietorships ), general manag- ' sumed which remain the property of CONTRACTOR. ers , engineers , architects, estimators , attorneys , audi- tors, accountants, purchasing and contracting agents , C. Rentals of all construction equipment and expediters , timekeepers , clerks , and other personnel machinery, and the parts thereof whether rented from employed by CONTRACTOR, whether at the Site or in ' CONTRACTOR or others in accordance with rental CONTRACTOR's principal or branch office for general agreements approved by OWNER with the advice of administration of the Work and not specifically included ENGINEER, and the costs of transportation, loading, in the agreed upon schedule of job classifications unloading , assembly, dismantling , and removal thereof. referred to in paragraph 11 .01 .A. 1 or specifically All such costs shall be in accordance with the terms of covered by paragraph 11 .01 .A.4, all of which are to be said rental agreements . The rental of any such equip- considered administrative costs covered by the ment, machinery, or parts shall cease when the use CONTRACTOR's fee. thereof is no longer necessary for the Work. ' 2. Expenses of CONTRACTOR's principal and d . Sales , consumer, use, and other similar taxes branch offices other than CONTRACTOR's office at the related to the Work, and for which CONTRACTOR is Site. liable, imposed by Laws and Regulations. 3.Any part of CONTRACTOR's capital expenses, e . Deposits lost for causes other than negli- including interest on CONTRACTOR's capital employed gence of CONTRACTOR, any Subcontractor, or anyone for the Work and charges against CONTRACTOR for directly or indirectly employed by any of them or for delinquent payments. whose acts any of them may be liable, and royalty ' payments and fees for permits and licenses. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly f. Losses and damages (and related employed by any of them or for whose acts any of them expenses ) caused by damage to the Work, not may be liable, including but not limited to, the correction compensated by insurance or otherwise, sustained by of defective Work, disposal of materials or equipment CONTRACTOR in connection with the performance of wrongly supplied , and making good any damage to the Work (except losses and damages within the property. deductible amounts of property insurance established in accordance with paragraph 5.06. 13), provided such 5. Other overhead or general expense costs of any losses and damages have resulted from causes other kind and the costs of any item not specifically and than the negligence of CONTRACTOR, any expressly included in paragraphs 11 .01 .A and 11 .01 . 13. Subcontractor, or anyone directly or indirectly employed ' by any of them or for whose acts any of them may be C. CONTRACTOR's Fee: When all the Work is liable. Such losses shall include settlements made with performed on the basis of cost-plus , CONTRACTOR's fee shall the written consent and approval of OWNER. No such be determined as set forth in the Agreement. When the value of losses, damages, and expenses shall be included in the any Work covered by a Change Order or when a Claim for an Cost of the Work for the purpose of determining adjustment in Contract Price is determined on the basis of Cost CONTRACTOR's fee. of the Work, CONTRACTOR's fee shall be determined as set g . The cost of utilities , fuel , and sanitary facilities at forth in paragraph 12.01 . C. the Site. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs h. Minor expenses such as telegrams, long 11 .01 .A and 11 .01 . 13, CONTRACTOR will establish and distance telephone calls, telephone service at the Site, maintain records thereof in accordance with generally accepted expressage, and similar petty cash items in connection accounting practices and submit in a form acceptable to ENGI- with the Work. NEER an itemized cost breakdown together with supporting data. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim , 11 . 02 Cash Allowances the cost of premiums for additional Bonds and insurance required because of the changes in the Work A. It is understood that CONTRACTOR has included in or caused by the event giving rise to the Claim . the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be j. When all the Work is performed on the basis of performed for such sums as may be acceptable to OWNER and cost-plus , the costs of premiums for all Bonds and ENGINEER. CONTRACTOR agrees that: insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. 1 . the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts ) of materials B . Costs Excluded: The term Cost of the Work shall not and equipment required by the allowances to be include any of the following items: delivered at the Site, and all applicable taxes ; and ' 00700 - 26 2. CONTRACTOR's costs for unloading and B . The value of any Work covered by a Change Order or handling on the Site, labor, installation costs , overhead , of any Claim for an adjustment in the Contract Price will be profit, and other expenses contemplated for the allow- determined as follows : ' ances have been included in the Contract Price and not in the allowances , and no demand for additional 1 . where the Work involved is covered by unit payment on account of any of the foregoing will be valid. prices contained in the Contract Documents , by applica- tion of such unit prices to the quantities of the items ' B . Prior to final payment, an appropriate Change Order involved (subject to the provisions of paragraph 11 .03 ); will be issued as recommended by ENGINEER to reflect actual or amounts due CONTRACTOR on account of Work covered by allowances , and the Contract Price shall be correspondingly 2.where the Work involved is not covered by unit ' adjusted. prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an 11 . 03 Unit Price Work allowance for overhead and profit not necessarily in ' A. Where the Contract Documents provide that all or part accordance with paragraph 12.01 . C.2); or of the Work is to be Unit Price Work, initially the Contract Price 3.where the Work involved is not covered by unit will be deemed to include for all Unit Price Work an amount prices contained in the Contract Documents and agree- equal to the sum of the unit price for each separately identified ment to a lump sum is not reached under paragraph item of Unit Price Work times the estimated quantity of each 12. 01 . 13.2, on the basis of the Cost of the Work ' item as indicated in the Agreement. The estimated quantities of (determined as provided in paragraph 11 .01 ) plus a items of Unit Price Work are not guaranteed and are solely for CONTRACTOR's fee for overhead and profit (deter- the purpose of comparison of Bids and determining an initial mined as provided in paragraph 12.01 . C). Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR C. CONTRACTOR's Fee: The CONTRACTOR's fee for will be made by ENGINEER subject to the provisions of overhead and profit shall be determined as follows: paragraph 9.08. B . Each unit price will be deemed to include an amount 1 . a mutually acceptable fixed fee; or considered by CONTRACTOR to be adequate to cover 2. if a fixed fee is not agreed upon, then a fee CONTRACTOR's overhead and profit for each separately based on the following percentages of the various identified item. portions of the Cost of the Work: C. OWNER or CONTRACTOR may make a Claim for an a. for costs incurred under paragraphs adjustment in the Contract Price in accordance with 11 .01 .A. 1 and 11 .01 .A.2, the CONTRACTOR's fee paragraph 10. 05 if. shall be 15 percent; ' 1 .the quantity of any item of Unit Price Work b. for costs incurred under paragraph performed by CONTRACTOR differs materially and 11 . 01 .A. 3, the CONTRACTOR's fee shall be five significantly from the estimated quantity of such item percent; ' indicated in the Agreement; and c. where one or more tiers of subcontracts 2. there is no corresponding adjustment with are on the basis of Cost of the Work plus a fee and respect any other item of Work; and no fixed fee is agreed upon, the intent of paragraph 12.01 .C.2.a is that the Subcontractor who actually 3. if CONTRACTOR believes that CONTRACTOR performs the Work, at whatever tier, will be paid a is entitled to an increase in Contract Price as a result of fee of 15 percent of the costs incurred by such having incurred additional expense or OWNER believes Subcontractor under paragraphs 11 .01 .A. 1 and that OWNER is entitled to a decrease in Contract Price 11 .01 .A. 2 and that any higher tier Subcontractor and the parties are unable to agree as to the amount of and CONTRACTOR will each be paid a fee of five any such increase or decrease. percent of the amount paid to the next lower tier Subcontractor; ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE d . no fee shall be payable on the basis of OF CONTRACT TIMES costs itemized under paragraphs 11 . 01 .A.4, 11 . 01 .A. 5, and 11 . 01 . 13 ; ' 12. 01 Change of Contract Price e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which A. The Contract Price may only be changed by a Change results in a net decrease in cost will be the amount Order or by a Written Amendment. Any Claim for an of the actual net decrease in cost plus a deduction adjustment in the Contract Price shall be based on written in CONTRACTOR's fee by an amount equal to five notice submitted by the party making the Claim to the percent of such net decrease; and ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10. 05. f. when both additions and credits are in- volved in any one change, the adjustment in 00700 - 27 ' CONTRACTOR's fee shall be computed on the or acts or neglect by utility owners or other contractors basis of the net change in accordance with para- performing other work as contemplated by Article 7. graphs 12.01 . C.2.a through 12 .01 . C.2.e, inclusive. ' B . Nothing in this paragraph 12. 06 bars a change in 12.02 Change of Contract Times Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly A. The Contract Times (or Milestones ) may only be attributable to actions or inactions of OWNER or anyone for changed by a Change Order or by a Written Amendment. Any whom OWNER is responsible. Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , in accordance with the provisions of paragraph 10.05. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in 13. 01 Notice of Defects ' the Contract Times (or Milestones ) will be determined in accordance with the provisions of this Article 12. A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to 12. 03 Delays Beyond CONTRACTOR 's Control CONTRACTOR. All defective Work may be rejected , corrected, A. Where CONTRACTOR is prevented from completing or accepted as provided in this Article 13. any part of the Work within the Contract Times (or Milestones ) 13. 02 Access to Work due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones ) will be extended in an amount equal to A. OWNER, ENGINEER, ENGINEER's Consultants, the time lost due to such delay if a Claim is made therefore as other representatives and personnel of OWNER, independent provided in paragraph 12. 02.A. Delays beyond the control of testing laboratories , and governmental agencies with CONTRACTOR shall include, but not be limited to, acts or jurisdictional interests will have access to the Site and the Work neglect by OWNER, acts or neglect of utility owners or other at reasonable times for their observation, inspecting , and contractors performing other work as contemplated by Article 7, testing. CONTRACTOR shall provide them proper and safe fires, floods, epidemics, abnormal weather conditions , or acts of conditions for such access and advise them of God, CONTRACTOR's Site safety procedures and programs so that t 12. 04 Delays Within CONTRACTOR's Control they may comply therewith as applicable. A. The Contract Times (or Milestones ) will not be 13. 03 Tests and Inspections extended due to delays within the control of CONTRACTOR. A. CONTRACTOR shall give ENGINEER timely notice of ' Delays attributable to and within the control of a Subcontractor readiness of the Work for all required inspections, tests , or or Supplier shall be deemed to be delays within the control of approvals and shall cooperate with inspection and testing CONTRACTOR. personnel to facilitate required inspections or tests . 12.05 Delays Beyond OWNER's and CONTRACTOR's B. OWNER shall employ and pay for the services of an Control independent testing laboratory to perform all inspections , tests, or approvals required by the Contract Documents except: A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) 1 . for inspections , tests, or approvals covered by due to delay beyond the control of both OWNER and paragraphs 13.03. 0 and 13. 03. 13 below; CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such 2. that costs incurred in connection with tests or delay shall be CONTRACTOR's sole and exclusive remedy for inspections conducted pursuant to paragraph 13.04. 6 such delay. shall be paid as provided in said paragraph 13.04. 13; 12.06 Delay Damages and 3 . as otherwise specifically provided in the Contract A. In no event shall OWNER or ENGINEER be liable to Documents . CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or C. If Laws or Regulations of any public body having agent of any of them , for damages arising out of or resulting jurisdiction require any Work (or part thereof) specifically to be from : inspected , tested , or approved by an employee or other representative of such public body, CONTRACTOR shall 1 . delays caused by or within the control of CON- assume full responsibility for arranging and obtaining such TRACTOR; or inspections, tests , or approvals , pay all costs in connection therewith , and furnish ENGINEER the required certificates of 2. delays beyond the control of both OWNER and inspection or approval . CONTRACTOR including but not limited to fires , floods , epidemics , abnormal weather conditions , acts of God, D . CONTRACTOR shall be responsible for arranging ' and obtaining and shall pay all costs in connection with any _' 00700 - 28 ' inspections, tests , or approvals required for OWNER's and 13. 06 Correction or Removal of Defective Work ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials , mix A. CONTRACTOR shall correct all defective Work, designs, or equipment submitted for approval prior to whether or not fabricated, installed , or completed , or, if the CONTRACTOR's purchase thereof for incorporation in the Work has been rejected by ENGINEER, remove it from the Work. Such inspections , tests , or approvals shall be performed Project and replace it with Work that is not defective. by organizations acceptable to OWNER and ENGINEER. CONTRACTOR shall pay all Claims , costs, losses , and damages (including but not limited to all fees and charges of E. If any Work (or the work of others ) that is to be engineers , architects , attorneys, and other professionals and all inspected, tested , or approved is covered by CONTRACTOR court or arbitration or other dispute resolution costs ) arising out without written concurrence of ENGINEER, it must, if requested of or relating to such correction or removal (including but not by ENGINEER, be uncovered for observation. limited to all costs of repair or replacement of work of others ). F. Uncovering Work as provided in paragraph 13.03. E 13 . 07 Correction Period shall be at CONTRACTOR's expense unless CONTRACTOR ' has given ENGINEER timely notice of CONTRACTOR's A. If within one year after the date of Substantial intention to cover the same and ENGINEER has not acted with Completion or such longer period of time as may be prescribed reasonable promptness in response to such notice. by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by 13 . 04 Uncovering Work any specific provision of the Contract Documents , any Work is found to be defective, or if the repair of any damages to the land A. If any Work is covered contrary to the written request or areas made available for CONTRACTOR's use by OWNER of ENGINEER, it must, if requested by ENGINEER, be or permitted by Laws and Regulations as contemplated in uncovered for ENGINEER's observation and replaced at paragraph 6. 11 .A is found to be defective, CONTRACTOR shall ' CONTRACTOR's expense. promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or B . If ENGINEER considers it necessary or advisable that areas , or (ii) correct such defective Work or, if the defective covered Work be observed by ENGINEER or inspected or Work has been rejected by OWNER, remove it from the Project ' tested by others, CONTRACTOR, at ENGINEER's request, and replace it with Work that is not defective, and (iii ) satisfac- shall uncover, expose, or otherwise make available for torily correct or repair or remove and replace any damage to observation, inspection, or testing as ENGINEER may require, other Work, to the work of others or other land or areas that portion of the Work in question, furnishing all necessary resulting therefrom . If CONTRACTOR does not promptly labor, material, and equipment. If it is found that such Work is comply with the terms of such instructions, or in an emergency defective, CONTRACTOR shall pay all Claims, costs, losses , where delay would cause serious risk of loss or damage, and damages (including but not limited to all fees and charges OWNER may have the defective Work corrected or repaired or of engineers , architects, attorneys , and other professionals and may have the rejected Work removed and replaced, and all ' all court or arbitration or other dispute resolution costs) arising Claims , costs , losses , and damages (including but not limited to out of or relating to such uncovering, exposure, observation, all fees and charges of engineers , architects , attorneys, and inspection, and testing , and of satisfactory replacement or other professionals and all court or arbitration or other dispute reconstruction (including but not limited to all costs of repair or resolution costs) arising out of or relating to such correction or ' replacement of work of others); and OWNER shall be entitled to repair or such removal and replacement (including but not an appropriate decrease in the Contract Price. If the parties are limited to all costs of repair or replacement of work of others ) unable to agree as to the amount thereof, OWNER may make a will be paid by CONTRACTOR. Claim therefore as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be B . In special circumstances where a particular item of allowed an increase in the Contract Price or an extension of the equipment is placed in continuous service before Substantial Contract Times (or Milestones ), or both, directly attributable to Completion of all the Work, the correction period for that item such uncovering, exposure, observation, inspection , testing , may start to run from an earlier date if so provided in the ' replacement, and reconstruction. If the parties are unable to Specifications or by Written Amendment. agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and 13. 05 OWNER May Stop the Work replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an A. If the Work is defective, or CONTRACTOR fails to additional period of one year after such correction or removal supply sufficient skilled workers or suitable materials or and replacement has been satisfactorily completed. equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , D . CONTRACTOR's obligations under this paragraph OWNER may order CONTRACTOR to stop the Work, or any 13. 07 are in addition to any other obligation or warranty. The portion thereof, until the cause for such order has been elimi- provisions of this paragraph 13. 07 shall not be construed as a nated ; however, this right of OWNER to stop the Work shall not substitute for or a waiver of the provisions of any applicable give rise to any duty on the part of OWNER to exercise this right statute of limitation or repose. for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or 13 . 08 Acceptance of Defective Work employee or agent of any of them. 00700 - 29 A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to D. CONTRACTOR shall not be allowed an extension of ENGINEER's recommendation of final payment, ENGINEER) the Contract Times (or Milestones ) because of any delay in the prefers to accept it, OWNER may do so. CONTRACTOR shall performance of the Work attributable to the exercise by pay all Claims, costs, losses, and damages (including but not OWNER of OWNER's rights and remedies under this limited to all fees and charges of engineers , architects , paragraph 13.09. 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 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND (such costs to be approved by ENGINEER as to COMPLETION 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 14. 01 Schedule of Values recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract A. The schedule of values established as provided in Documents with respect to the Work, and OWNER shall be paragraph 2.07.A will serve as the basis for progress payments entitled to an appropriate decrease in the Contract Price, and will be incorporated into a form of Application for Payment reflecting the diminished value of Work so accepted. If the acceptable to ENGINEER. Progress payments on account of parties are unable to agree as to the amount thereof, OWNER Unit Price Work will be based on the number of units may make a Claim therefore as provided in paragraph 10. 05. If completed. the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 14.02 Progress Payments 13. 09 OWNER May Correct Defective Work A. Applications for Payments rA. If CONTRACTOR fails within a reasonable time after 1 .At least 20 days before the date established for written notice from ENGINEER to correct defective Work or to each progress payment (but not more often than once a remove and replace rejected Work as required by ENGINEER month ), CONTRACTOR shall submit to ENGINEER for in accordance with paragraph 13.06.A, or if CONTRACTOR review an Application for Payment filled out and signed fails to perform the Work in accordance with the Contract by CONTRACTOR covering the Work completed as of Documents , or if CONTRACTOR fails to comply with any other the date of the Application and accompanied by such provision of the Contract Documents, OWNER may, after seven supporting documentation as is required by the Contract ' days written notice to CONTRACTOR, correct and remedy any Documents . If payment is requested on the basis of such deficiency. materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at B . In exercising the rights and remedies under this another location agreed to in writing , the Application for paragraph, OWNER shall proceed expeditiously. In connection Payment shall also be accompanied by a bill of sale, with such corrective and remedial action, OWNER may exclude invoice, or other documentation warranting that CONTRACTOR from all or part of the Site, take possession of OWNER has received the materials and equipment free all or part of the Work and suspend CONTRACTOR's services and clear of all Liens and evidence that the materials related thereto, take possession of CONTRACTOR's tools, and equipment are covered by appropriate property appliances , construction equipment and machinery at the Site, insurance or other arrangements to protect OWNER's and incorporate in the Work all materials and equipment stored interest therein, all of which must be satisfactory to at the Site or for which OWNER has paid CONTRACTOR but OWNER. which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, 2. Beginning with the second Application for OWNER's other contractors, and ENGINEER and ENGINEER's Payment, each Application shall include an affidavit of Consultants access to the Site to enable OWNER to exercise CONTRACTOR stating that all previous progress the rights and remedies under this paragraph. payments received on account of the Work have been applied on account to discharge CONTRACTOR's C. All Claims, costs, losses, and damages (including but legitimate obligations associated with prior Applications not limited to all fees and charges of engineers , architects, for Payment. ' attorneys, and other professionals and all court or arbitration or other dispute resolution costs ) incurred or sustained by 3. The amount of retainage with respect to pro- OWNER in exercising the rights and remedies under this gress payments will be as stipulated in the Agreement. paragraph 13.09 will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary B . Review of Applications revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the 1 . ENGINEER will, within 10 days after receipt of Contract Price. If the parties are unable to agree as to the each Application for Payment, either indicate in writing a amount of the adjustment, OWNER may make a Claim recommendation of payment and present the therefore as provided in paragraph 10.05. Such claims , costs , Application to OWNER or return the Application to losses and damages will include but not be limited to all costs of CONTRACTOR indicating in writing ENGINEER's repair, or replacement of work of others destroyed or damaged reasons for refusing to recommend payment. In the by correction , removal , or replacement of CONTRACTOR's latter case, CONTRACTOR may make the necessary defective Work. corrections and resubmit the Application. 00700 - 30 or the results of subsequent inspections or tests , revise 2. ENGINEER's recommendation of any payment or revoke any such payment recommendation requested in an Application for Payment will constitute a previously made, to such extent as may be necessary in representation by ENGINEER to OWNER, based on ENGINEER's opinion to protect OWNER from loss ENGINEER's observations on the Site of the executed because: Work as an experienced and qualified design professional and on ENGINEER's review of the Appli- a. the Work is defective, or completed Work cation for Payment and the accompanying data and has been damaged , requiring correction or replace- schedules, that to the best of ENGINEER's knowledge, ment; information and belief: b. the Contract Price has been reduced by a . the Work has progressed to the point Written Amendment or Change Orders; indicated; c. OWNER has been required to correct b. the quality of the Work is generally in accor- defective Work or complete Work in accordance dance with the Contract Documents (subject to an with paragraph 13. 09; or evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of d. ENGINEER has actual knowledge of the any subsequent tests called for in the Contract occurrence of any of the events enumerated in Documents, to a final determination of quantities paragraph 15.02.A. and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications C. Payment Becomes Due stated in the recommendation ); and 1 . Ten days after presentation of the Application for c. the conditions precedent to Payment to OWNER with ENGINEER's recommenda- CONTRACTOR's being entitled to such payment tion, the amount recommended will (subject to the appear to have been fulfilled in so far as it is provisions of paragraph 14.02. D) become due, and ENGINEER's responsibility to observe the Work, when due will be paid by OWNER to CONTRACTOR. 3. By recommending any such payment ENGI- D. Reduction in Payment NEER will not thereby be deemed to have represented that: (i ) inspections made to check the quality or the 1 . OWNER may refuse to make payment of the full quantity of the Work as it has been performed have amount recommended by ENGINEER because: been exhaustive, extended to every aspect of the Work in progress , or involved detailed inspections of the Work a. claims have been made against OWNER on beyond the responsibilities specifically assigned to account of CONTRACTOR's performance or fur- ENGINEER in the Contract Documents; or (ii ) that there nishing of the Work; may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally b. Liens have been filed in connection with the by OWNER or entitle OWNER to withhold payment to Work, except where CONTRACTOR has delivered CONTRACTOR. a specific Bond satisfactory to OWNER to secure 4. Neither ENGINEER'S review of the satisfaction and discharge of such Liens ; CONTRACTOR's Work for the purposes of recom- c, there are other items entitling OWNER to a mending payments nor ENGINEER's recommendation set-off against the amount recommended ; or of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or d. OWNER has actual knowledge of the occur- control the Work or for the means, methods , rence of any of the events enumerated in para- techniques , sequences , or procedures of construction, graphs 14.02. B .5.a through 14 . 02. B. 5. c or para- or the safety precautions and programs incident thereto, graph 15.02.A. or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's 2. If OWNER refuses to make payment of the full performance of the Work. Additionally, said review or amount recommended by ENGINEER, OWNER must recommendation will not impose responsibility on ENGI- give CONTRACTOR immediate written notice (with a NEER to make any examination to ascertain how or for copy to ENGINEER) stating the reasons for such action what purposes CONTRACTOR has used the moneys and promptly pay CONTRACTOR any amount paid on account of the Contract Price, or to determine remaining after deduction of the amount so withheld. that title to any of the Work, materials , or equipment has OWNER shall promptly pay CONTRACTOR the amount passed to OWNER free and clear of any Liens. so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR 5. ENGINEER may refuse to recommend the whole corrects to OWNER's satisfaction the reasons for such or any part of any payment if, in ENGINEER's opinion, it action. would be incorrect to make the representations to OWNER referred to in paragraph 14 . 02 . 13 .2. ENGI- 3. If it is subsequently determined that OWNER's NEER may also refuse to recommend any such pay- refusal of payment was not justified , the amount ment or, because of subsequently discovered evidence 00700 - 31 wrongfully withheld shall be treated as an amount due ENGINEER, and CONTRACTOR agree constitutes a as determined by paragraph 14.02. C. 1 . separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant 14. 03 CONTRACTOR's Warranty of Title interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to A. CONTRACTOR warrants and guarantees that title to Substantial Completion of all the Work subject to the following all Work, materials , and equipment covered by any Application conditions . for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and 1 . OWNER at any time may request CON- clear of all Liens. TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for 14.04 Substantial Completion its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is A. When CONTRACTOR considers the entire Work substantially complete, CONTRACTOR will certify to ready for its intended use CONTRACTOR shall notify OWNER OWNER and ENGINEER that such part of the Work is and ENGINEER in writing that the entire Work is substantially substantially complete and request ENGINEER to issue complete (except for items specifically listed by CONTRACTOR a certificate of Substantial Completion for that part of the as incomplete) and request that ENGINEER issue a certificate Work. CONTRACTOR at any time may notify OWNER of Substantial Completion. Promptly thereafter, OWNER, CON- and ENGINEER in writing that CONTRACTOR TRACTOR, and ENGINEER shall make an inspection of the considers any such part of the Work ready for its I Work to determine the status of completion. If ENGINEER intended use and substantially complete and request does not consider the Work substantially complete, ENGINEER ENGINEER to issue a certificate of Substantial will notify CONTRACTOR in writing giving the reasons Completion for that part of the Work. Within a therefore. If ENGINEER considers the Work substantially com- reasonable time after either such request, OWNER, plete, ENGINEER will prepare and deliver to OWNER a tenta- CONTRACTOR, and ENGINEER shall make an tive certificate of Substantial Completion which shall fix the date inspection of that part of the Work to determine its of Substantial Completion. There shall be attached to the status of completion. If ENGINEER does not consider certificate a tentative list of items to be completed or corrected that part of the Work to be substantially complete, before final payment. OWNER shall have seven days after ENGINEER will notify OWNER and CONTRACTOR in receipt of the tentative certificate during which to make written writing giving the reasons therefore. If ENGINEER objection to ENGINEER as to any provisions of the certificate or considers that part of the Work to be substantially attached list. If, after considering such objections, ENGINEER complete, the provisions of paragraph 14.04 will apply concludes that the Work is not substantially complete, with respect to certification of Substantial Completion of ENGINEER will within 14 days after submission of the tentative that part of the Work and the division of responsibility in certificate to OWNER notify CONTRACTOR in writing, stating respect thereof and access thereto. the reasons therefore. If, after consideration of OWNER's ' objections, ENGINEER considers the Work substantially 2. No occupancy or separate operation of part of complete, ENGINEER will within said 14 days execute and the Work may occur prior to compliance with the deliver to OWNER and CONTRACTOR a definitive certificate of requirements of paragraph 5. 10 regarding property Substantial Completion (with a revised tentative list of items to insurance. be completed or corrected ) reflecting such changes from the tentative certificate as ENGINEER believes justified after 14 .06 Final Inspection consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion A. Upon written notice from CONTRACTOR that the ENGINEER will deliver to OWNER and CONTRACTOR a entire Work or an agreed portion thereof is complete, written recommendation as to division of responsibilities ENGINEER will promptly make. a final inspection with OWNER pending final payment between OWNER and CONTRACTOR and CONTRACTOR and will notify CONTRACTOR in writing of with respect to security, operation, safety, and protection of the all particulars in which this inspection reveals that the Work is Work, maintenance, heat, utilities , insurance, and warranties incomplete or defective. CONTRACTOR shall immediately take and guarantees. Unless OWNER and CONTRACTOR agree such measures as are necessary to complete such Work or otherwise in writing and so inform ENGINEER in writing prior to remedy such deficiencies . ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be 14. 07 Final Payment binding on OWNER and CONTRACTOR until final payment. A. Application for Payment B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial 1 . After CONTRACTOR has , in the opinion of Completion, but OWNER shall allow CONTRACTOR ENGINEER, satisfactorily completed all corrections reasonable access to complete or correct items on the tentative identified during the final inspection and has delivered , list. in accordance with the Contract Documents , all main- tenance and operating instructions, schedules , guaran- 14 . 05 Partial Utilization tees , Bonds, certificates or other evidence of insurance certificates of inspection , marked-up record documents A. Use by OWNER at OWNER's option of any (as provided in paragraph 6. 12), and other documents , substantially completed part of the Work which has specifically CONTRACTOR may make application for final payment been identified in the Contract Documents, or which OWNER, following the procedure for progress payments . 00700 - 32 stipulated in the Agreement, and if Bonds have been furnished 2. The final Application for Payment shall be as required in paragraph 5. 01 , the written consent of the surety ' accompanied (except as previously delivered ) by: (i ) all to the payment of the balance due for that portion of the Work documentation called for in the Contract Documents, fully completed and accepted shall be submitted by CON- including but not limited to the evidence of insurance TRACTOR to ENGINEER with the Application for such required by subparagraph 5.04. 13. 7; (ii ) consent of the payment. Such payment shall be made under the terms and surety, if any, to final payment; and (iii ) complete and conditions governing final payment, except that it shall not legally effective releases or waivers (satisfactory to constitute a waiver of Claims . OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 14. 09 Waiver of Claims 3. In lieu of the releases or waivers of Liens A. The making and acceptance of final payment will specified in paragraph 14.07.A.2 and as approved by constitute: OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: 1 . a waiver of all Claims by OWNER against ' (i ) the releases and receipts include all labor, services , CONTRACTOR, except Claims arising from unsettled material, and equipment for which a Lien could be filed ; Liens, from defective Work appearing after final and (ii) all payrolls , material and equipment bills, and inspection pursuant to paragraph 14.06, from failure to other indebtedness connected with the Work for which comply with the Contract Documents or the terms of OWNER or OWNER's property might in any way be any special guarantees specified therein, or from responsible have been paid or otherwise satisfied . If CONTRACTOR's continuing obligations under the any Subcontractor or Supplier fails to furnish such a Contract Documents ; and release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to 2. a waiver of all Claims by CONTRACTOR against indemnify OWNER against any Lien. OWNER other than those previously made in writing which are still unsettled. B . Review of Application and Acceptance 1 . If, on the basis of ENGINEER's observation of ARTICLE 15 - SUSPENSION OF WORK AND the Work during construction and final inspection, and TERMINATION ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the 15. 01 OWNER May Suspend Work Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been A. At any time and without cause, OWNER may suspend fulfilled, ENGINEER will , within ten days after receipt of the Work or any portion thereof for a period of not more than 90 the final Application for Payment, indicate in writing consecutive days by notice in writing to CONTRACTOR and ENGINEER's recommendation of payment and present ENGINEER which will fix the date on which Work will be the Application for Payment to OWNER for payment. At resumed. CONTRACTOR shall resume the Work on the date the same time ENGINEER will also give written notice so fixed. CONTRACTOR shall be allowed an adjustment in the to OWNER and CONTRACTOR that the Work is Contract Price or an extension of the Contract Times, or both, acceptable subject to the provisions of paragraph 14. 09. directly attributable to any such suspension if CONTRACTOR Otherwise, ENGINEER will return the Application for makes a Claim therefore as provided in paragraph 10. 05. Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in 15.02 OWNER May Terminate for Cause which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. A. The occurrence of any one or more of the following C. Payment Becomes Due events will justify termination for cause: 1 . CONTRACTOR's persistent failure to perform 1 . Thirty days after the presentation to OWNER of the Work in accordance with the Contract Documents the Application for Payment and accompanying docu- (including , but not limited to, failure to supply sufficient mentation , the amount recommended by ENGINEER skilled workers or suitable materials or equipment or will become due and , when due, will be paid by OWN failure to adhere to the progress schedule established ER to CONTRACTOR. under paragraph 2. 07 as adjusted from time to time 14.08 Final Completion Delayed pursuant to paragraph 6. 04 ); 2. CONTRACTOR's disregard of Laws or Regula- A. If, through no fault of CONTRACTOR, final completion tions of any public body having jurisdiction; of the Work is significantly delayed , and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final 3. CONTRACTOR's disregard of the authority of Application for Payment and recommendation of ENGINEER, ENGINEER; or and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and 4. CONTRACTOR's violation in any substantial accepted . If the remaining balance to be held by OWNER for way of any provisions of the Contract Documents . Work not fully completed or corrected is less than the retainage 00700 - 33 B. If one or more of the events identified in paragraph B . CONTRACTOR shall not be paid on account of loss 15. 02.A occur, OWNER may, after giving CONTRACTOR (and of anticipated profits or revenue or other economic loss arising the surety, if any) seven days written notice, terminate the out of or resulting from such termination . services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all 15. 04 CONTRACTOR May Stop Work or Terminate CONTRACTOR's tools, appliances , construction equipment, and machinery at the Site, and use the same to the full extent A. If, through no act or fault of CONTRACTOR, the Work they could be used by CONTRACTOR (without liability to is suspended for more than 90 consecutive days by OWNER or CONTRACTOR for trespass or conversion), incorporate in the under an order of court or other public authority, or ENGINEER Work all materials and equipment stored at the Site or for which fails to act on any Application for Payment within 30 days after it OWNER has paid CONTRACTOR but which are stored is submitted, or OWNER fails for 30 days to pay CON- elsewhere, and finish the Work as OWNER may deem TRACTOR any sum finally determined to be due, then expedient. In such case, CONTRACTOR shall not be entitled to CONTRACTOR may, upon seven days written notice to receive any further payment until the Work is finished. If the OWNER and ENGINEER, and provided OWNER or unpaid balance of the Contract Price exceeds all claims , costs, ENGINEER do not remedy such suspension or failure within losses, and damages (including but not limited to all fees and that time, terminate the Contract and recover from OWNER charges of engineers , architects, attorneys , and other payment on the same terms as provided in paragraph 15.03. In professionals and all court or arbitration or other dispute lieu of terminating the Contract and without prejudice to any resolution costs) sustained by OWNER arising out of or relating other right or remedy, if ENGINEER has failed to act on an to completing the Work, such excess will be paid to Application for Payment within 30 days after it is submitted , or CONTRACTOR. If such claims , costs, losses , and damages OWNER has failed for 30 days to pay CONTRACTOR any sum exceed such unpaid balance, CONTRACTOR shall pay the finally determined to be due, CONTRACTOR may, seven days difference to OWNER. Such claims, costs, losses , and after written notice to OWNER and ENGINEER, stop the Work damages incurred by OWNER will be reviewed by ENGINEER until payment is made of all such amounts due CONTRACTOR, as to their reasonableness and, when so approved by including interest thereon . The provisions of this paragraph ENGINEER, incorporated in a Change Order. When exercising 15.04 are not intended to preclude CONTRACTOR from making any rights or remedies under this paragraph OWNER shall not a Claim under paragraph 10.05 for an adjustment in Contract be required to obtain the lowest price for the Work performed. Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as C. Where CONTRACTOR's services have been so permitted by this paragraph. 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 ARTICLE 16 - DISPUTE RESOLUTION moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. ' 15. 03 OWNER May Terminate For Convenience 16.01 Methods and Procedures A. Dispute resolution methods and procedures , if any, A. Upon seven days written notice to CONTRACTOR shall be as set forth in the Supplementary Conditions. If no and ENGINEER, OWNER may, without cause and without method and procedure has been set forth, and subject to the prejudice to any other right or remedy of OWNER, elect to provisions of paragraphs 9.09 and 10. 05, OWNER and CON- terminate the Contract. In such case, CONTRACTOR shall be TRACTOR may exercise such rights or remedies as either may paid (without duplication of any items ): otherwise have under the Contract Documents or by Laws or 1 . for completed and acceptable Work executed in Regulations in respect of any dispute. accordance with the Contract Documents prior to the effective date of termination, including fair and ARTICLE 17 - MISCELLANEOUS reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date 17.01 Giving Notice of termination in performing services and furnishing labor, materials , or equipment as required by the A. Whenever any provision of the Contract Documents Contract Documents in connection with uncompleted requires the giving of written notice, it will be deemed to have Work, plus fair and reasonable sums for overhead and been validly given if delivered in person to the individual or to a profit on such expenses ; 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 3. for all claims , costs , losses , and damages mail , postage prepaid, to the last business address known to (including but not limited to all fees and charges of the giver of the notice. engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution 17. 02 Computation of Times costs ) incurred in settlement of terminated contracts with Subcontractors , Suppliers , and others ; and A. When any period of time is referred to in the Contract Documents by days , it will be computed to exclude the first and 4. for reasonable expenses directly attributable to include the last day of such period. If the last day of any such termination. period falls on a Saturday or Sunday or on a day made a legal ' 00700 - 34 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 available 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, warranties , and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17. 05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located . ' 00700 - 35 SECTION 00800 - Supplementary 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 at the end of GC- 1 . 01 .A . 20: ENGINEER 's Consultant Name : Address City, State & Zip : Tel . No . . Fax No . : SC -2 . 03 Commencement of Contract Times : Notice to Proceed SC-2 . 03 Delete paragraph GC 2. 03 in its entirety and insert the following paragraph in its place: 2 . 03 A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. The Contract Time will commence at the time specified in such notice or, if no notice is given thirty days following the Effective Date of Agreement, provided that the Notice to Proceed may not specify a time of commencement later than 60 days after the Effective Date of the Agreement. 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 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 , 1 SC -3 . 03 . 8 . 2 Coordination of Plans , Specifications , and Special Provisions SC-3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 03. B. 1 : SC-3 . 03 . 13 . 2 Coordination of Plans, Specifications, and Special Provisions 00800 - Supplementary Conditions.doc 00800 - 1 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00800 - Supplementary Conditions.doc Rev. 05/01 2 . In case of discrepancy, the governing order of the contract documents shall be as 1 follows : 1 . Written Interpretations 2 . Addenda 3 , Specifications 4 , Supplementary Conditions 5 , General Conditions 6 , Approved Shop Drawings 7 , Drawings 8 , Referenced Standards , B . Written/computed dimensions shall govern over scaled dimensions . SC -4 .02 Subsurface and Physical Conditions SC4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . In 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 : 1 . Report dated N/A , prepared by , entitled : , consisting of pages . The "technical data" contained in such report on which CONTRACTOR may rely is D . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER's Consultants relied upon the following drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities ) which are at or contiguous to the Site: 1 . Drawings dated February. 2004 , prepared by IRCDUS . entitled : North County R/O Project — Phase II consisting of 4 sheets numbered 1 of 2 , 2 of 2 , and Figure 1 and Figure 2 . All of the information in such drawings constitutes "technical data" on which CONTRACTOR may rely. E . Copies of reports and drawings itemized in SC-4 . 02 . 0 and SC-4 . 02 . D that are not included with Bidding Documents may be examined at N/A during regular business hours . These reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which CONTRACTOR may rely as identified and established above are incorporated therein by reference . CONTRACTOR is not entitled to rely upon other information and data utilized by ENGINEER and ENGINEER's Consultants in the preparation of Drawings and Specifications . SC -4 . 05 Reference Points SC-4 . 05 Add the following new paragraphs immediately after GC-4. 05.A : B . Contractor is responsible for measuring and recording existing swale elevations at 100 ' intervals prior to construction . Existing swale elevations shall be maintained throughout construction , Contractor is also responsible for preservation and/or replacement of any and all existing permanent survey monumentation affected by construction . 00800 - Supplementary Conditions .doc 00800 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00800 - Supplementary Condilions .doc Rev. 05/01 C . ENGINEER may check the lines , elevations , reference marks , batter boards , etc . , set by CONTRACTORS , and CONTRACTOR shall correct any errors disclosed by such a check . Such a check shall not be considered as approval of CONTRACTOR' S work and shall no relieve CONTRACTOR of the responsibility for accurate construction of the entire work . CONTRACTOR shall furnish personnel to assist ENGINEER in ' checking lines and grades . SC4. 06 Hazardous Environmental Condition at Site rSC-4 . 06 G . Delete paragraph GC-4. 06 G. 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: A. Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125 % of the Contract Price and a Payment Bond in an amount equal to 100 % of the Contract Price . 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 125 % of the Contract Price is not an acceptable substitute . 2 Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work and final payment by the OWNER . SC -5 . 04 CONTRACTOR's Liability Insurance SC-5 . 04 Add the followingimmediately - newparagraphs ra hs P 9 P diately 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 $ 3 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C , Contractual Liability d . Independent Contractors . ' e . X , C , U ( Explosion , Collapse , Underground ) 3 . Business Auto Liability: Coverage shall provide minimum limits of liability of $ 3 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C , Non -Owned Autos . 00800 - Supplementary Conditions .doc 00800 - 3 F :\Utilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00800 - Supplementary Conditions.doc Rev. 05/01 4 . CONTRACTOR's "All Risk" Insurance : CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . 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, a political subdivision of the State of Florida will be named as "Additional Insured " on both the General Liability and Auto Liability Insurance . 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 . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . e . Insurer must be authorized to do business and have an agent for service of process in Florida and have an A policyholder's rating and financial rating of a least Class XI in accordance with the most Icurrent Best's Rating . SC -5 . 06 Property Insurance SC-5 . 06 Delete Section GC-5. 06 in its entirety. SC -5 . 07 Waiver of Rights ' SC-5 . 07 Delete Section GC-5. 07 in its entirety. SC -5 . 10 Partial Utilization , Acknowledgement of Property Insurer SC-5 . 10 A. Delete paragraph GC-5. 10 A . SC -6 . 02 Labor; Working Hours SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC- 6. 02. 6: 1 . Regular working hours are defined as Monday through Friday, excluding County Holidays , from 7 a . m . to 5 p . m . 2 . County Holidays are : New Year's 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 Engineer. 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 thought 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 County to deduct the costs of all such inspection 00800 - Supplementary Conditions .doc 00800 - 4 FAUtilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\81D DOCUMENTS\00800 - Supplementary Conditions.doc Rev. 05/01 and testing from any partial payments otherwise due the CONTRACTOR . 5 . No work shall commence before 7 a . m . or continue after 7 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 : B . The OWNER has obtained the following permits : 1 . FDEP Water Construction Permit 2 , County ROW Permit 3 , Indian River Farms Right-of--Way Permit C . 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 . D . 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 -6 .20 .A Indemnification SC-6 . 20 .A Delete existing paragraph 6-20 .A in its entirety and insert the following : The CONTRACTOR shall indemnify and hold harmless the OWNER , and the OWNER'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 intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this contract. SC -13 . 03 Test and Inspections SC- 13 . 03 . 6 . Delete the first sentence ofparagraph GC- 13. 03. 8 (up to the colon) 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 , 00800 - Supplementary Conditions .doc 00800 - 5 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00800 - Supplementary Conditions.doc Rev. 05/01 tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment . The following inspections , tests , or approvals shall be provided by and paid for by the CONTRACTOR . 1 . Proctor Testing 2 . Density Testing 3 , Leakage Testing 4 , Hydrostatic Testing 14 . 02 Progress Payments SC- 14 . 02 .A. 2 Delete paragraph GC- 14. 02.A . 2 in its entirety and insert the following paragraph in its place: The CONTRACTOR shall make the following certification (Affidavit) on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , material men and suppliers except as listed below. " SCA4 .02 . 13 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . the work for which payment is requested cannot be verified ; f, failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work ; g . OWNER has been required to pay ENGINEER or ENGINEER's Consultant ' additional compensation because of CONTRACTOR delays or rejection of defective Work ; or h . 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 GC44. 02. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 Payment shall be made by OWNER to CONTRACTOR according to the Florida Prompt Payment Act, 14. 07 Final Payment SCA4 . 07 . CA 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 Florida Prompt Payment Act. SC 15 . 02 OWNER May Terminate for Cause SC 15 . 02 .A Add the following sentence at the end of paragraph GC- 15. 02.A 00800 - Supplementary Conditions .doc 00800 - 6 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00800 - Supplementary Conditions.doc Rev. 05101 5 . Failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work. ' SC 16 DISPUTE RESOLUTION SC- 16 Add the following new paragraphs immediately after paragraph SC- 16. 01 . SC- 16 . 02 Venue This contract shall be governed by the laws of the State of Florida . Venue for any lawsuit by either party against the other party or otherwise arising out of this contract shall be in Indian River County, Florida , and in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . SC -17 Miscellaneous Add the following new paragraph 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 subiect to proper prior notice to (CONTRACTOR' S Name) and to (CONTRACTOR Surety Company Name ) pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub-subcontract hereunder. if 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 . ' SC -17 . 06 SC- 17 . 06 Add the following new paragraphs immediately after GC- 17. 05: 17 . 06 The form of all submittals , notices , change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the ENGINEER . The forms for Notice of Award , Notice to ' Proceed , and Final Receipt which the ENGINEER expects to use are contained in the subsequent pages of these Supplementary Conditions . ' 00800 - Supplementary Conditions .doc 00800 - 7 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\00800 - Supplementary Conditions.doc Rev. 05/01 w 6706-050 ' NOTICE OF AWARD ' Dated , 1 9 TO : ( Bidder) PROJECT NO , PROJECT OWNER ' S NER S CONTRACT N0 . ' CONTRACT FOR ( Insert Name of Contract as it appears in the Bidding Documents ) You are notified that your Bid dated 1 _ 99 for the above Contract has been considered . You are the apparent successful Bidder and have been awarded a contract for ( indicate total Work , alternates or sections of Work awarded ) The Contract Price of your contract is Dollars Enclosed are seven ( 7 ) copies of the Contract Documents for your execution and subsequent return to this office for further processing . You must comply with the following conditions precedent within fifteen ( 15 ) days ' of the date of this Notice of Award , that is by 19_: 1 . Execute all copies of the Agreement . Each Pioject Manual and set of contract drawings must bear your signature on the cover sheet . Do not date the 008M8 2/21 /95 t 6706 - 050 ' Agreements or bonds ; this will be accomplished upon execution of the - contracts by the OWNER . Submit a power of attorney authorizing OWNER to date bonds ' and Agreements . 2 . Submit seven ( 7 ) copies of the Performance and Payment Bonds . Instructions to the Surety and the Principal for execution of the bonds are as follows . Where the CONTRACTOR is a Corporation , the Agreement and any bonds must be executed by the President or the Chairman of the Board of the corporation . The Agreement or Bond is accompanied by a statement certified by a Secretary of the Corporation . The signatures of the persons executing the bond on behalf of the Principal and of the Surety , respectively , shall each be dated on the signature line . If the bond is executed by an Attorney- in - Fact for the Surety , the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attorney . Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document . The Secretary or other properly authorized Officer must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the ' Attorney - in - Fact . 3 . Include seven ( 7 ) copies of the Certificate of Insurance . The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows . " Should any of the above described policies be cancelled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty ( 30 ) days written notice to the below named certificate holder . " Failure to comply with these conditions within the time specified will entitle ' OWNER to consider your Bid abandoned , to annul this Notice of Award and to declare your Bid Security forfeited . Within twenty ( 20 ) days after you comply with the above conditions , the OWNER will return to you one fully signed counterpart of the Contract Documents attached . ' If you have any questions , or if we can be of any further assistance , please do not hesitate to contact this office . 00800 - 2121l95 67M0s0 Sincerely , Purchasing Director 00800- I p 2/21 /96 6706-050 1 ' THIS PAGE LEFT BLANK INTENTIONALLY 1 t 1 ' a 00800- nina NOTICE TO PROCEED T0 : DATE : ' PROJECT . Indian River County Department of Utility Services ' Project No . IRC Bid No . Project Name : You are hereby notified to commence work in accordance with the agreement dated 19. r on or before 19 You are to complete the work within consecutive calendar ' days from this date . The date of completion of all work is , therefore , the day of 19 ' INDIAN RIVER COUNTY ' Michael C . Hotchkiss , P . E . Environmental Engineer ' ACCEPTANCE OF NOTICE Receipt of above NOTICE TO ' PROCEED is hereby acknowledged by ' this the day of Pre -Construction Checklist 19 , by _ Recorded Insurance ' Signature — Payment and Performance Bond Executed Agreement Typed Name -- Board Approval Dated ' _ DEP Construction Permit Title : ' 00800 - 11.. 1 ' 6706. 050 1 . 1 ' THIS PAGE LEFT BLANK INTENTIONALLY 1 1 ' 00800- 13 :mAe ' 6706- 050 FIELD ORDER ' PROJECT : FIELD ORDER NO . DATE : CONTRACT NO : OWNER : OWNER ' S PROJECT NO : ' TO : CONTRACT DATE : ' This Field Order is issued to interpret/clarify the Contract Documents , order minor changes in the work and /or memorialize trade - off agreements . Both parties hereby ' agree that the work described by the Field Order is to be accomplished without change in Contract Sum , Contract Time , and /or claims for other costs . DESCRIPTION . ( Here insert a written description of the interpretation , change of agreement . ) FIELD ENGINEER : CONTRACTOR : BY : BY : ' ! ¢ 2/21 /96 00800- 6706-050 1 ' THIS PAGE LEFT BLANK INTENTIONALLY t 1 1 ' 00800- IS 2121 /96 ' WORK DIRECTIVE CHANGE . . ( Instructions on reverse side ) No . PROJECT . ' DATE OF ISSUANCE : OWNER : ( Name , Address ) CONTRACTOR . OWNER ' s Project No . ENGINEER : CONTRACT FOR : ENGINEER ' s Project No . You are directed to proceed promptly with the following change (s) : Description : Purpose of Work Directive Change : Attachments : ( list documents supporting change ) If a claim is made that the above change ( s) have affected Contract Price or Contract Time , any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change (s) . ' Method of determining change in Method of determining change in Contract Price : ' Contract Timer ❑ Time and materials ❑ Contractor' s records ❑ Unit prices ❑ Engineer' s records ❑ Cost plus fixed fee ❑ Other r ❑ Other Estimated increase ( decrease ) in Contraci Estimated increase (decrease) in Contract Price * 3 Time : days . If the change If the change involves an increase , the esti - _ involves an increase , the estimated time is mated amount is not io be exceeded with - not to be exceeded without further autho- out further authorization . rization . RECOMMENDED : AUTHORIZED . ' by Enpneer by Owner ' EJCDC No . 19 10•& F ( t 981 Edition) • Prepared by the Engineers * Joint Contract Documents Committee and endorsed by the Associated General Contractors o( Amerka. . 00800 - 16 WORK DIRECTIVE CHANGE INSTRUCTIONS A . GENERAL INFORMATION This document was developed for use in situations involving changes in the Work which , if not processed expeditiously , might delay the Project . These changes are often initiated in the field and may affect the Contract Price or the Contract Time . This is not a' Change Order , but only a directive to proceed with Work that may be included in a subsequent ' Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Time , a Field Order may be used . Be COMPLETING THE WORK DIRECTIVE CHANGE FORM Engineer initiates the form , including a description of the items involved and attachments . Based on conversations between Engineer and Contractor , Engineer completes the fol - ' lowing : METHOD OF DETERMINING CHANGE , IF ANY , IN CONTRACT PRICE : Mark the method to be used in determining the final cost of Work involved and the net effect on the Contract Price . If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Work is ' completed , another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached . U the Work Directive Change is not Iikely to change the Contract Time , the space for ' estimated increase ( decrease) should be marked " Not Applicable " . METHOD OF DETERMINING CHANGE , IF ANY , IN CONTRACT TIME : Mark the method to be used in determining the change in Contract Time and the estimated 1 increase or decrease in Contract Time . If the change involves an increase in the Contract Time and the estimated time is approached before the additional or changed Work is completed , another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the. estimated time is reached . If the Work Directive Change is not likely to change the Contract Time , the space for estimated increase (decrease) should be marked " Not Applicable " . Once Engineer has completed and signed the form , all copies should be sent to Owner for authorization because Engineer alone does not have authority to authorize changes in Price or Time . Once authorized by Owner , a copy should be sent by Engineer to Con- tractor . Once the Work covered by this directive is completed or final cost and time determined , Contractor should submit documentation for inclusion in a Change Order . THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CONTRACT PRICE OR THE CONTRACT TIME . A CHANGE ORDER , IF ANY , SHOULD BE CONSIDERED PROMPTLY . 1 00800- 17 _ - SS O) ECT: DATE OF ISSUANCE , OWNER: lame , Address ) IFNTRACTOR : � • OWNER ' s Project No . ENGINEER : INTRACT FOR : St��� ENGINEER 's Project No . u are directed to make the following changes in the Contract Documents . )ascription : hi, rpose of Change Order. Ichments : ( List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME : ►�.inal Contract Price Original on Time VIEW dart or due revious Change Orden No . to No . Net change from previous Change Orders da Ts tract Price prior to this Change Order Contract Time Prior to this Change Order days of due ncrease ( decrease) of this Change Order Net Increase ( decrease) of this Change Order days tntract Price with all approved Change Orders Contract Time with all approved Change Orders days x dalt :ilMMENDED4 APPROVED : APPROVED : SIEMENS by by ower ca,axr« - fbyNo . 19 ! 0 .8 - B ( 1983 Edition ) the Engineers , joint Contract Documents Committee and endorsed by The Associated General Contractors or America- nnQnn _ JC A . GENERAL INFORMATION ' This document was developed to provide a uniform format for handling contract changes ' that affect Contract Price or Contract Time . Changes that have been initiated by a Work Directive Change must be incorporated into a subsequent Change Order if they affect Price or Time . :' . Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the adminis - ' trative burden may lead to unnecessary disputes . For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time , a Field Order may be used . B . COMPLETING THE CHANGE ORDER FORM ' Engineer initiates the form , including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor , or requests from Owner, or both . Once Engineer has completed and signed the form , all - coples should be sent to : Contractor . for approval . After approval by Contractor , all copies should be sent to Owner for ' approval . Engineer should make distribution of executed copies after approval by Owner . If a change only applies to price or to time , cross out the part of the tabulation that does not apply . r 00800 - ly NONSENSE wrrLl � w ,t ,tiun YUR PAYMENT NO . r To Contract for OWNER) OWNER ' s Project No . . ENGINEER' s Project No . For Work accomplished through the date of ' MEQ CONT1tdC70R's Schedule of Yatves Wort CoS,"edE Veit Price Quantity Ammat Quantity S S S r r .r ' Tocol S (Orig. Contract) S C . O . No . 1 rC . O . No . 2 . eye rAccompanying Documentation : GROSS AMOUNT DUE . . . . . . . . . . . . . . . . . . . . . . . S LESS % RETAINAGE . . . . . . . . . . . . . . . . . . . S ' AMOUNT DUE TO DATE . . . . . . . . . . . . . . . . . . . . . S LESS PREVIOUS PAYMENTS . . . . . . . . . . . . . . . . S AMOUNT DUE THIS APPLICATION . . . . . . . . . S r CONTRACTOR' S Certification : The undersigned CONTRACTOR certifies that ( 1 ) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I through inclusive ; and ' (2) title to all 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 , claims , security interests and encumbrances (except such as covered by Bond acceptable to OWNER) : 1 • - Dated . 19 = CONTRACTOR 1 By r • Payment of the above AMOUNT DUE THIS APPLICATION is recommended . 1 Dated . 19 ' ENGINEER - By EJCDC No . 1910.8- E ( 1987 Edition ) . Prepared by the Engineers ' Joint Contractboeuments Committee and endorsed by The Associated General Contractors or America . 00800 — 10 ArrLll. A I LUL 1 r vx rA i war o a INSTRUCTIONS 1k , GENERAL INFORMATION This standard form is intended as a guide only . Many projects require a much more xtensive form with space for numerous items , descriptions of Change Orders , identifi- ation of variable quantity adjustments , summary of materials and equipment stored at the site and other information . It is expected that a separate form will be developed by tongineer or Contractor at the time Contractor' s Schedule of Values is finalized . Note also at the format for retainage must be changed if the Agreement permits (or the Law vides) , and Contractor elects , the deposit of securities in lieu of retainage . Refer to IP icle 14 of the General Conditions for provisions concerning payments to Contractor. CCOMPLETING THE FORM e Schedule of Values , submitted and approved as provided in paragraphs 2 . 6 . 3 and 2 . 9 of the General Conditions , should be copied in the space indicated on the Application For Wayment form . Note that the cost of materials and equipment is often listed separately om the cost of their installation . All Change Orders affecting the Contract Price should be identified and include such supplemental Schedules of Values as required for progress F � , See ayments . The form is suitable for use in the Final Application for Payment as well as for Progress liPayments ; however , the required accompanying documentation is usually more extensive or final payment . All accompanying documentation should be identified in the space provided on the form . 'C . ENGINEER ' S REVEEW ngineer must review all Applications for Payment with care to avoid recommending any ayments not yet earned by Contractor. All accompanying documentation of legal nature , such as lien waivers , should be reviewed by an attorney , and Engineer should so advise � wncr . 00800 - 2. j CERTIFICATE OF SUBSTANTIAL COMPLETION NER' s Project No . . . . . . . . ENGINEER ' s Project No . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :: . . . . . . . . . . . . . . . . . . . . . ' rNTRACI'O R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract For . Contract Date . . . . . . . . . . . . . ■ Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified s thereof. r � . 1 1 . i OWNER ' Ad To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTRA CTO R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . le Work to which this Certificate applies has been inspected . by authorized representatives of OWNER , CONTRACTOR d ENGINEER . and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DATE OF SUBSTANTIAL COMPLETION tentative list of items to be completed or corrected is attached hereto . This list may not be all - inclusive , and the failure to lude an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the ontract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days f the above date of Substantia( Completion . EJCDC No . 1910- 8 - D ( 1983 Edition ) pared by the En &ineers• Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. IN 00800 ,,, 1Z te responsibilities between OWNER and CONTRACTOR - for security , operation . safety, maintenance , heat , utilities , urance and warranties shall be as follows : RESPONSIBILITIES : ' OWNER: CONTRACTOR: Fe following documents are attached to and made a part of this Certificate : - This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is a a release of CONTRACTOR' s obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on . . . . . . . . . . . . . . . . . . . . 19ales . . . . . . . . . . . . ENGINEER By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 000 . . . CONTRACTOR accepts this Certificate of Substantial Completion on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . 0000 . . 0000 . . . . CONTRACTOR By . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WNER accepts this Certificate of Substantial Completion on , 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OWNER By . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oosoo - 23 6706 - 050 FINAL RECEIPT ' Received this da of Y A . D . , 19_ of as full and final payment of the cost of all improvements provided for in the foregoing contract the sum of Dollars and Cents , $ ) , In cash , being the full amount accruing to the undersigned by virtue of said Contract , said cash covering and Including full payment -for- all extra work and material furnished by the undersigned in the construction of said improvements , and all incidentals thereto , and the undersigned hereby releases the said from all claims whatsoever ' growing out of the said Contract . These presents are to certify that all persons doing work upon or furnishing materials or supplies for said improvements under the foregoing Contract have been paid in full . tThe undersigned further certifies that all taxes imposed by Chapter 212 , Florida Statues ( Sales and Use Tax Act ) , as amended , have been paid and discharged . CONTRACTOR 00800- 24 2/21 /96 ' 6706-050 THIS PAGE LEFT BLANK INTENTIONALLY r 008M 42 ,15M r i xn1na 6706 - 050 DUTIES , RESPONSIBILITIES AND LIMI ATIONS OF AUTHORITY SOF RESIDENT PROJECT REPRESENTATIVE A . GENERAL Resident Project Representative is ENGINEER ' S Agent , will act as directed by . and under the supervision of ENGINEER , and will confer with ENGINEER regarding his actions . Resident Project Representative ' s dealings In matters ■ pertaining to the on - site Work shall in general be only with ENGINEER and ■ CONTRACTOR , and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR . Written communication with OWNER will be only through or as directed by ENGINEER . i B . DUTIES AND RESPONSIBILITIES Resident Project Representative will : 1 . Schedules : Review the progress schedule , schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability . 2 . Conferences : Attend preconstruction conferences . Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance . Attend meetings , and maintain and circulate copies of minutes thereof . 3 . Liaison : a . Serve as ENGINEER ' S liaison with CONTRACTOR , working principally through CONTRACTOR ' S superintendent and assist him in understanding the intent of the Contract Documents , Assist ENGINEER in serving as OWNER ' S liaison with CONTRACTOR when CONTRACTOR ' S operations affect OWNER ' S on - site operations . b . As requested by ENGINEER , assist in obtaining from OWNER additional details or information , when required a : the job site for proper execution of the Work . 00800 - 26 ' 2121 /86 6706 - 050 4 . Shop Drawings and Samples : a . Receive and record date of receipt of Shop Drawings and samples , receive samples which are furnished at the site by CONTRACTOR , and notify ENGINEER of their availability for examination . b . Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER . 5 . Review of Work , Rejection of Defective Work, Inspections and Tests : a . Conduct on - site observations of the Work in progress to assist ENGINEER in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work , will conform to the Contract Documents . b . Report to ENGINEER whenever he believes that any Work is unsatisfactory , faulty or defective or does not conform to the Contract Documents , or does not meet the requirements of any inspections , tests or approval required to be made or has been damaged prior to final payment ; and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation , or requires special testing , inspection or approval , i c . Verify that tests , equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel , and that CONTRACTOR maintains adequate records thereof; observe , record and report to ENGINEER appropriate details relative to the test procedures and startups . d . Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project , record the outcome of these inspections and report to ENGINEER . 6 . Interpretation of Contract Documents : Transmit to CONTRACTOR engineer ' s clarifications and interpretations of the Contract Documents . 7 . Modifications : Consider and evaluate CONTRACTOR ' S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER . 00800 - 27 s 2/21 /95 i 6706 - 050 8 . Records : a . Maintain at the job site orderly files for correspondence , reports of job conferences , Shop Drawings and samples submissions , reproductions of original Contract Documents including all Addenda , change orders , field orders , additional Drawings issued subsequent to the execution of the ' Contract , ENGINEER ' S clarifications and interpretations of the Contract Documents , progress reports , and other Project related documents . b . Keep a diary or log book , recording hours on the job site , weather conditions , data relative to questions of extras or deductions , list of visiting officials and representatives of manufacturers , fabricators , i suppliers and distributors , daily activities , decisions , observations in ! r general and specific observations in more detail as the case of observing test procedures . Send copies to ENGINEER . c . Record names , addresses and telephone numbers of all contractors , Subcontractors and major suppliers of materials and equipment . 9 . Reports : a . Furnish ENGINEER periodic reports as n: quired of progress of the Work and CONTRACTOR ' S compliance with : the approved progress schedule and schedule of Shop Drawing submissions . b . Consult with ENGINEER in advance of scheduled major tests , inspections or start of important phases of the Wol k . c . Report immediately to ENGINEER upon the occurrence of any accident . 10 . Payment Requisitions : Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER; noting particularly their relation to the schedule of values , Work completed and materials and equipment delivered at the site but not incorporated in the Work . 11 . Certificates , Maintenance and Operation Manuals : During the course of the Work , verify that certificates , maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed ; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work . i 00800 - 26 2121 /96 6706 - 050 12 . Completion . a . Before ENGINEER issues a Certificate of Substantial Completion , submit to CONTRACTOR a list of observed items requiring completion or correction . b . Conduct final inspection in the company of ENGINEER , OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected . c . Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance . co LIMITATIONS OF AUTHORITY Except upon written instructions of ENGINEER , Resident Project Representative . 1 . Shall not authorize any deviation from the '- Contract Documents or approve any substitute materials or equipment . 2 . Shall not exceed limitations on ENGINEER ' S authority as set forth in the Contract Documents , 3 . Shall not undertake any of the responsibilities of CONTRACTOR , Subcontractors or CONTRACTOR ' S superintendent , or expedite the Work . 4 . Shall not advise on or issue directions relative to any aspect of the means , methods , techniques , sequences or procedures of construction unless such is specifically called for in the Contract Documents . 5 . Shall not advise on or issue directions as to safety precautions and programs in connection with the Work . 6 . Shall not authorize OWNER to occupy thet 'Project in whole or in part . 7 . Shall not participate in specialized field or laboratory tests . END OF SECTION 00800 - 29 2/21 /86 S1N3W3211f1b321 1V213N30 i L NOISIAIa � SECTION 01000 SUMMARY OF WORK PART 1 -- GENERAL 1 . 01 LOCATION OF WORK The work is generally located on the North Relief Canal , Indian River County, Florida , as shown on the construction plans . 1 .02 DESCRIPTION OF WORK Construction site location is on the Main Relief Canal south of Hawks ' Nest Golf Course, east of the Lateral " G " Canal and approximately 2/10 of a mile west of the Florida East Coast railroad tracks in Indian River County, FL . Construction consists of, but is not limited to, coordination with any permitting agencies , clearing , grubbing , removal of muck, debris and disposal at the landfill , trenching , dewatering , installation of pipe with fittings and all appurtenances , installation of fabric formed concrete rip rap per manufacturers ' specification , restrainers , soil compaction , hydraulic pressure testing (to insure piping will not leak) , and private property replacement or repair. All piping shall be per Indian River County Utility Standards and Specifications . PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable END OF SECTION 01000 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01000 Summary Of Work . doc L SECTION 01 025 MEASUREMENT AND PAYMENT PART 1 — GENERAL 1 . 01 GENERAL Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents . No separate payment will be made for excavation , trenching dewatering , backfilling , leakage tests , surveying , density tests , or other incidental items of work not shown in the Agreement . 1 . 02 EQUIPMENT AND MATERIALS IN STORAGE Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Engineer. The partial payment for stored materials will be 50 % of the value of materials and equipment, based on receipted (paid ) bills , furnished but not incorporated in the work , as determined by Engineer. 1 . 03 MEASUREMENT A . Mobilization : Measurement shall be on a lump sum basis , and shall be limited to the following maximum amounts : ORIGINAL CONTRACT AMOUNT ($ ) MAXIMUM AMOUNT OF FROM MORE THAN TO AND INCLUDING ITEM FOR MOBILIZATION 0 100 , 000 31000 1001000 500 , 000 151000 500 , 000 19000 , 000 30 , 000 110009000 2 , 0001000 60 , 000 290007000 390007000 909000 39000 , 000 490007000 120 , 000 4 , 000 , 000 51000 , 000 1257000 51000 , 000 61000 , 000 150 , 000 69000 , 000 770007000 175 , 000 71000 , 000 10 , 0009000 2007000 10 , 000 , 000 2507000 Should the lump sum price bid for the item Mobilization exceed the maximum permissible amount for this item , as specified herein , the bid price will be reduced to the maximum permissible amount , and the reduced price will be used in correctly determining the total price for comparison of bids received . The cost of video taping the pre-construction condition shall be included in the lump-sum cost of mobilization . i 01025- 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01025 Measurement and Payment. doc B . Pipe : Pipe ( DIP & HDPE ) will be measured alongthe centerline of the pipe Pp installed . No deduction will be made for the length of valves and fittings installed in the line . Where the measurement terminates at a valve , bend , tee , or other fitting , the centerline of the valve or fitting shall be the point of termination . All required pipe lining , coating , encasement material , restraining devices , bends and thrust blocks shall be included in the cost of the pipe . C . Fittings : Measurement of cast iron and ductile iron fittings shall be on the basis of weight . The weights used to determine the quantity installed shall be the weights of the appropriate fittings as listed in the supplier's invoice or catalog . When mechanical joint fittings are required , the weight of the gland bolts and gaskets shall not be added to the listed weight of the fittings . Where flanged fittings are furnished , the weight of the bolts and gaskets shall not be included . D . Fabric Formed Rip Rap : Furnish all material , equipment, labor and perform all operations for placing fabric formed rip rap per plans and specifications herein . E . Clearing , Grubbing , Removal of Muck , Debris and Disposal at landfill : Cut and remove all timber, trees , stumps , brush , shrubs , roots , grass , weeds , rubbish muck , debris , spoil and any other objectionable material resting on or protruding through the surface of the ground . Grub and remove all stumps , roots in excess of 1 - 1 /2-in in diameter, matted roots , brush , timber, logs , concrete rubble and other debris encountered to a depth of 18- in below original grade . Refill all grubbing holes and depressions excavated below the original ground surface with suitable materials . Compact with a vibratory compactor. Maximum of 8 inch vertical lifts and 95 % compaction between lifts . F . Grassing : Measurement of grassing (seed or sod ) shall be computed using the linear feet, as measured along the area disturbed and restored as a result of Contractor's operations . The entire width of the disturbed area shall be grassed . Payment shall include all necessary grading , soil preparation , seeding , sodding , fertilizer, mulch , and irrigation G . Record Drawings : Contractor will provide Indian River County Department of Utility Service As- Built drawings in AutoCadd format (version 2000 or later) , which includes location reference in state plane coordinates . H . Indian River Force Account : Unit Price $25 , 000 . 00 contingency . 1 . 04 . PAYMENT Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, installed and accepted , which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto . RESTORATION OF DAMAGED SURFACES , STRUCTURES AND PROPERTY 01025-2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01025 Measurement and Payment.doc RESTORATION OF DAMAGED SURFACES STRUCTURES AND PROPERTY Where pavement, trees , shrubbery, fences , or other property or surface structures not designated as pay items have been damaged , removed , or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents , state laws , municipal ordinances , or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards , such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. END OF SECTION 01025-3 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North ' County RO\BID DOCUMENTS\01025 Measurement and Payment.doc SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 -- GENERAL 1 .01 PERMITS REQUIRED A. Indian River Farms Water Control District : The general permit from the Indian River farms Water Control District ( IRFWCD ) for the project is being obtained by IRCDUS . B . INDIAN RIVER COUNTY: The Contractor, along with the Utilities Department, must obtain right-of--way permit(s) from the Indian River County Public Works Department prior to initiating construction . It typically requires three weeks processing time to receive a right-of-way permit. There is no processing fee for the permit. One set of construction plans must be submitted along with a permit application to the Indian River County Engineering Division . Some of the conditions of the County right-of- way permits are as follows : 1 . Applicant shall not begin construction of any kind in the County right-of-way prior to application and issuance of a valid permit by the Indian River County Engineering Division . 2 . Any area disturbed in the County right-of-way must be restored by applicant to a condition equal to or better than existing just prior to construction , including but not limited to compaction , grading , paving , seeding and mulching , sodding , etc. , as the case may be . The quality of construction , materials , and workmanship shall be in accordance with County standards . All disturbed areas shall be restored within 48 hours after excavation . 3 . Applicant shall notify the Indian River County Engineering Division at least 48 hours prior to the placement of concrete , paving of asphalt , installation of culverts , or backfilling of trenches , so that the Indian River County Engineering Division may inspect installations as necessary. Applicant shall further notify the Indian River County Engineering Division in writing of its request for final inspection and approval at the completion of the permitted activity. 4 . The applicant shall assume responsibility for all maintenance , replacement , or removal of any right-of-way improvement authorized by this permit; and applicant further agrees by acceptance of this permit to indemnify and save harmless the County, its officers , employees , or agents , from any damages , claims , causes of action , or losses , whether for personal injury , loss of life or property damage , arising from the actions or omissions of 1060 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01060 Regulatory Requirements and Notification .doc applicant, its officers , agents , or employees , associated with the placement, maintenance or removal of installations authorized by this permit . 5 . The applicant agrees to use all reasonable care under the given circumstances to assure that members of the traveling public are not unreasonably inconvenienced nor endangered by the activities conducted hereunder, including the use of reflectorized barriers , warning signals , flagmen , or other prudent measures . 6 . The validity of this permit is contingent upon applicant obtaining necessary permits from any other agencies having jurisdiction . Issuance of this permit does not relieve applicant of liability for trespass to private property. 7. This permit shall be considered a license only, for the limited purpose of installation , placement, and maintenance of the improvements specified on the face hereof, and does not convey any other right, title , or interest of the County in the subject right-of- way property. 8 . Applicant agrees to remove or alter such installations without objection or cost to the County as the County may direct, at any time and within a reasonable time after receipt of direction by the County Engineer or his authorized representative . 9 . Applicant is cautioned that electrical , water and sewer, or other installations or utilities may be located within the construction area , and applicant shall use diligent efforts to first detect and locate all such installations , and shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable in every manner for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users . 10 . In cases where a concrete driveway is to extend to a paved road , that portion of the driveway from property line to the edge of the road pavement shall be a minimum thickness of six (6 ) inches . If the road is unpaved , the concrete/asphalt driveway shall not extend beyond the property line . C . Other Permits Required : The Contractor is responsible for obtaining any discharge permits that may be required by local drainage districts . 1 . 02 NOTIFICATION A. Indian River County: The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction ( Michael 1060 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01060 Regulatory Requirements and Notification .doc F C . Hotchkiss , 772-567-8000 x1821 ) . The Contractor is required to notify the Indian River County Road and Bridge Department 72 hours prior to blocking any County roads or detouring any traffic (Jim Davis , P . E . , 772- 567-8000 , Extension 1245) . B . Utility Companies : Contractor shall notify the following known utility companies in the area 48 hours prior to initiating construction : SUNSHINE LOCATES : 1 -800-432-4770 Southern Bell Telephone , W . G . Gallagher, 561 -468-5538 TCI Cablevision , Craig Bowers , 772-567-3444 Ext , 51 C . The Contractor shall give the Engineer not less than seven (7) calendar days notice of the time and place (or places ) where he will start the work . D . When the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance , the operations shall be temporarily discontinued in that area and the Engineer shall be notified . The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts . The Contractor agrees that he will make no claim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts . PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION Not applicable END OF SECTION 1060 - 3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01060 Regulatory Requirements and Notification .doc SECTION 01090 REFERENCE STANDARDS PART 1 -- GENERAL 1 .01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards . 1 .02 QUALITY ASSURANCE A . Application : When a standard is specified by reference , comply with requirements and recommendations stated in that standard , except when requirements are modified by the Contract Documents , or applicable codes establish stricter standards . B . Publication Date : The publication in effect on the date of issue of Contract Documents , except when a specific publication date is specified . 1 . 03 ABBREVIATIONS , NAMES , AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source , when needed for proper performance of work , or when required for submittal by Contract Documents , B . The following , as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards : AA Aluminum Association i818 Connecticut Avenue , NW ■ Washington , D . C . 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington , D . C . 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington , D . C . 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit , MI 48219 ADC Air Diffusion council 435 North Michigan Avenue Chicago , IL 60611 01090 - 1 ' FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01090 Reference Standards .doc Al Asphalt Institute tute Asphalt Institute Building College Park , MD 20740 AISC American Institute of Steel Construction ' 1221 Avenue of the Americas New York , NY 10020 AISI American Iron and Steel Institute 1000 16" Street, NW Washington , D . C . , 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights , IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington , VA 22209 tASHRAE American Society of Heating , Refrigeration and Air Conditioning Engineers 345 East 47th Street New York , NY 10017 ASME American Society of Mechanical Engineers ' 345 East 47th Street New York , NY 10017 ASPA American Sod Producers ' Association Association Building Ninth and Minnesota Hastings , NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland , OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia , PA 19103 AWl Architectural Woodwork Institute 2310 South Walter Reed Drive ' Arlington , VA 22206 AWPA American Wood-Preservers Association 7735 Old Georgetown Road Bethesda , MD 20014 01090 - 2 ' F:\Utilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01090 Reference Standards .doc AWS American Welding Society 2501 NW 7th Street ' Miami , FL 33125 AWWA American Water Works Association ' 6666 W . Quincy Avenue Denver, CO 80235 CDA CoFper Development Association 57t Floor, Chrysler Building 405 Lexington Avenue New York , NY 10017 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington , D . C . 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago , IL 60601 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee , FL 32301 FM Factory Mutual System 1151 Boston-Providence Turnpike Norwood , MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS ) Washington Navy Yard , Bldg , 197 Washington , D . C . 20407 ' GA Gypsum Association 1603 Orrington Avenue Evanston , IL 60201 MFMA Maple Flooring Manufacturers Association 2400 East Devon , Suite 205 Des Plaines , IL 60018 MIL Military Specification Naval Publications and Forms Center ' 5801 Tabor Avenue Philadelphia , PA 19120 MLSFA Metal Lath / Steel Framing Association ' 221 North LaSalle Street Chicago , IL 60601 01090 - 3 ' FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01090 Reference Standards . doc ' NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street ' Chicago, IL 60601 NEBB National Environmental Balancing Bureau ' 8224 Old Courthouse Road Vienna , VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street , NW Washington , D . C . 20037 ' NFPA National Fire Protection Association 470 Atlantic Avenue Boston , MA 02210 ' NFPA National Forest Products Association 1619 Massachusetts Avenue , NW Washington , D . C . 20036 ' NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis , TN 38103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue , NW Washington , D . C . 20036 ' NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines , IL 60018 ' PCA Portland Cement Association 5420 Old Orchard Road Skokie , IL 20076 ' PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago , IL 60606 ' PS Product Standard U . S . Department of Commerce ' Washington , D . C . 20203 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515116 th Avenue ' Bellevue , WA 98004 01090 - 4 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01090 Reference Standards . doc SDI Steel Deck Institute Box 3812 St . Louis , MO 63122 SDI Steel Door Institute ' 712 Lakewood Center North Cleveland , OH 44107 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago , IL 60601 SJI Steel Joint Institute 1703 Parham Road , Suite 204 Richmond , VA 23229 SMACNA Sheet Metal and Air Conditioning Contractors National Association 8224 Old Courthouse Road ' Vienna , VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington , D . C . 20036 TCA Tile Council of America , Inc . ' Box 326 Princeton , NJ 08540 UL Underwriters Laboratories , Inc. ' 333 Pfingston Road Northbrook , IL 60062 PART 2 -- PRODUCTS Not Applicable ' PART 3 -- EXECUTION Not Applicable ' END OF SECTION ' 01090 - 5 ' F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01090 Reference Standards .doc SECTION 01152 APPLICATIONS FOR PAYMENT PART 1 -- GENERAL ' 1 .01 REQUIREMENTS INCLUDED Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. ' 1 .02 RELATED REQUIREMENTS A. In other parts of the Construction Documents : 1 . Agreement between Owner and Contractor 2 . General Conditions of the Contract ' 3 . Article 14 — Payments to Contractor and Completion B . Specified in Other Sections : ' 1 . Section 01000 : Summary of Work 2 , Section 01700 : Contract Closeout ' 1 . 03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered , dated , and signed by the Contractor. ' B . Provide itemized data on payment application (format, schedules , line items and values accepted by Engineer) . 1 . 04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form : ' 1 . Fill in required information , including that for Change Orders executed prior to the date of submittal of application 2 . Fill in summary of dollar values ' 3 . Execute certification with the signature of a responsible officer of the contract firm 4 . Have resident project representative review and sign application prior to submission to Engineer ' 01152 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\01152 Applications for Payment.doc 1n0 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A . When the Owner or the Engineer requires substantiating data , Contractor shall submit suitable information , with a cover letter identifying : 1 . Project 2 . Application number and date ' 3 . Detailed list of enclosures 4 . For stored products : a . Item number and identification ' b . Description of specific material B . Submit one copy of data and cover letter for each copy of application . 1 . 06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A . Application for payment is required for progress payments ' B . Only one application will be acceptable in any one month ' 1 .07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the time stipulated in the ' Agreement B . Number: Four copies of each progress Application ' B . When Engineer finds the Application properly completed and correct, he will transmit the applications for payment to the Owner ' PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION ' Not applicable END OF SECTION 01152 - 2 RlUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01152 Applications for Payment.doc SECTION 01153 ' CHANGE ORDER PROCEDURES PART 1 -- GENERAL ' 1 . 01 REQUIREMENTS INCLUDE ' A. Promptly implement Change Order Procedures 1 . Provide full written data required to evaluate changes . ' 2 . Maintain detailed records of work done on a time-and- material/force account basis . 3 . Provide full documentation to Engineer on request. B . Designate in writing the member of Contractor's organization : 1 . Who is authorized to accept changes in the Work ' 2 . Who is responsible for informing others in the contractor's employ of the authorization of changes in the Work . ' C . Owner will designate in writing the person who is authorized to execute Change Orders . ' 1 . 02 RELATED REQUIREMENTS A. The amount of established unit prices . tB . Conditions of the Contract : 1 . Methods of determining cost or credit to owner resulting from ' changes in Work made on a time-and-materials basis . 2 . Contractor's claims for additional costs . ' C . Section 01152 : Applications for payment. D . Section 01311 : Construction schedules . ' E . Section 01370 : Schedule of Values . ' F . Section 01720 : Project Record Documents . 1 . 03 DEFINITIONS ' A . Change Order: See General Conditions 01153 - 1 F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\01153 Change Order Procedures. doc 1 . 04 PRELIMINARY PROCEDURES ' A. Owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following : ' 1 . Detailed description of the Change , Products , and location of the change in the Project . ' 2 . Supplementary or revised Drawings and Specifications . 3 . The projected time span for making the change , and a specific statement as to whether overtime work is , or is not , authorized . ' 4 . A specific period of time during which the requested price will be considered valid . 5 . Such request is for information only, and is not an instruction to execute the changes , nor to stop work in progress . B . Contractor may initiate changes by submitting a written notice to Engineer, containing : 1 . Description of the proposed changes 2 . Statement of the reason for making the changes . ' 3 . Statement of the effect on the Contract Sum and the Contract Time . 4 . Statement of the effect on the work of separate contractors . 5 . Documentation supporting any changes in Contract Sum or Contract Time , as appropriate . ' 1 . 05 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request , Engineer may Issue a "Work Directive Change " for Contractor to proceed with a change for subsequent ' inclusion in a Change Order, B . Authorization will describe changes in the work , both additions and deletions , with attachments of revised Contract Documents to define details of the change . ' C . Owner and Engineer will sign and date the Work Directive Change as authorization for the Contractor to proceed with the Changes . 1 . 06 DOCUMENTATION OF PROPOSALS AND CLAIMS A . Support each quotation for a lump sum proposal , and for each unit price which has not previously been established , with sufficient substantiating data to allow Engineer to evaluate the quotation . B . On request, provide additional data to support time and cost computation including the following : 1 . Labor required . 01153 - 2 RlUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\01153 Change Order Procedures. doc 2 . Equipment required . 3 . Products required : a . Recommended source of purchase and unit cost . b . Quantities required . 4 . Taxes , insurance bonds . ' 5 . Credit for work deleted from Contract, similarly documented . 6 . Overhead and profit. 7 . Justification for any change in Contract Time , C . Support each claim for additional costs , and for work done on a time-and- material / force account basis , with documentation as required for a lump ' sum proposal , plus the following additional information : 1 . Name of the Owner's authorization agent who ordered the work , and date of the order. 2 . Dates and time work performed , and by whom . 3 . Time record , summary of hours worked , and hourly rates paid . 4 . Receipts and invoices for: a . Equipment used , listing dates and times of use . b . Products used , listing quantities . C. Subcontracts . ' D . Document requests for substitutions for Products as specified in Section 01600 , 1 .07 PREPARATION OF CHANGE ORDERS ' A. Engineer will prepare each Change Order. B . Form : Change Order format provided in the Contract Documents . C . Change Order will describe changes in the Work , both additions and deletions , with attachments of revised Contract Documents to define details of change . D . Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time . ' 1 . 08 LUMP SUM / FIXED PRICE CHANGE ORDER ' A . Content of Change Orders will be based on either: 1 . Engineer's Proposal Request and Contractor's responsible ' Proposal as mutually agreed upon between Owner and Contractor. 2 , Contractor's Proposal for a change , as recommended by Engineer. B . Owner and Engineer will sign and date the Change Order as authorization for the contractor to proceed with the changes . C . Contractor shall sign and date the Change Order to indicate agreement with the terms therein . ' 01153 - 3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01153 Change Order Procedures .doc 1 . 09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on , either: 1 . Engineer definition of the scope of the required changes . ' 2 . Contractor's Proposal for a change , as recommended by Engineer. 3 . Survey of completed work B . The amount of the unit prices shall be : ' 1 . Those stated in the Agreement. 2 . Those mutually agreed upon between Owner and Contractor. C . When quantities of each of the items affected by the Change Order can ' be determined prior to start of the work : 1 . Owner and Engineer will sign and date the Change Order as ' authorization for Contractor to proceed with the changes . 2 . Contractor shall sign and date the Change Order to indicate agreement with the terms therein . ' D . When quantities of the items cannot be determined prior to start of the work : ' 1 . Engineer or Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices , and will cite ' the applicable unit prices . 2 . At completion of the change , Engineer will determine the cost of such work based on the unit prices and quantities used . a . Contractor shall submit documentation to establish the ' number of units of each item and any claims for a change in Contract Time . 3 . Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time , 4 . Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein . 1 . 10 TIME AND MATERIAL / FORCE ACCOUNT CHANGE ORDER / CONSTRUCTION AUTHORIZATION A . Engineer and owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time-and- material / force account basis . B . At completion of the change , Contractor shall submit itemized accounting and supporting data as provided in the Article " Documentation of Proposals and Claims" of this section . ' 01153 - 4 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01153 Change Order Procedures.doc C . Engineer will determine the allowable cost of such work , asP rovided in General Conditions and Supplementary Condition , D . Engineer will sign and date the Change Order to establish the change in Contract Sum and In Contract Time . ' E . Owner and Contractor will sign and date the Change Order to indicate their agreement therein . 1 . 11 CORRELATION WITH CONTRACTOR' S SUBMITTALS A. Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work , and to record the adjusted Contract Sum . ' B . Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time . 1 . Revise sub-schedules to show changes for other items of work affected by the changes . C . Upon completion of work under a Change Order, enter pertinent changes in Record Documents . ' PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable END OF SECTION 01153 - 5 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\01153 Change Order Procedures.doc ' SECTION 01340 SHOP DRAWINGS , PRODUCT DATA AND SAMPLES PART 1 -- GENERAL ' 1 . 01 REQUIREMENTS INCLUDED A. Submit Shop Drawings , Product Data , Samples and Certificates required by the Contract Documents . ' B . Review and approval by Contractor of submitted material . 1 . 02 RELATED REQUIREMENTS A. In other parts of the Contract Documents : 1 . Definitions and Additional Responsibilities of Parties : a . General Conditions of the Contract ( 1 ) Sections 6 . 23 — 6 . 28 : Shop Drawings B . Specified in other sections : 1 . Section 01311 : Construction Schedules . 2 , Section 01720 : Record Documents C . Designate in the construction schedule , or in separate coordinated schedule , the dates for the submission and the dates that reviewed Shop Drawings , Product Data and Samples will be needed . 1 . 03 SHOP DRAWINGS A . Drawings shall be presented in a clear and thorough manner. 1 . Details shall be identified by reference to sheet and detail of schedule shown on Contract Drawings , B . Minimum sheet size : Manufacturer's standard ; adequate to clearly illustrate . ' 01340 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01340 Shop Drawings, Product Data and Samples.doc 1 . 04 PRODUCT DATA A . Preparation : 1 . Clearly mark each copy to identify applicable products , models , options , and other data . 2 . Show performance characteristics and capacities . 3 . Show dimensions and clearances required . 4 . Show wiring or piping diagrams and controls . B . Manufacturer's standard schematic drawings and diagrams : 1 . Modify drawings and diagrams to delete Information which is not applicable to the work . 2 . Supplement standard information to provide information specifically applicable to the work . 3 . Include manufacturer's installation instructions when ' required by the Specifications Section , 1 . 05 SAMPLES A. Office Samples : Limit to items requiring color, pattern and similar selections and shall be sufficient size and quantity to clearly illustrate : 1 . Full range of color, texture and pattern 2 . Submit samples for selection of finishes within sixty (60 ) days after date of Agreement , or when directed by Engineer. ' B . Field Samples and Mock-ups : 1 . Functional characteristics of the product , with integrally- related parts and attachment devices . 2 . Contractor shall erect, at the Project Site , at a location acceptable to the Engineer 3 . Size of Area : that specified in the respective specification section . 4 . Fabricate each sample and mockup complete and finished . 5 . Include identification on each sample , giving full information . 6 . Remove samples at conclusion of Work , or when acceptable to the Engineer. 01340 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01340 Shop Drawings , Product Data and Samples .doc 1 . 06 MANUFACTURER' S CERTIFICATES A. Submit Certificates , in duplicate , in accordance with requirements of each specification section . 1 . 07 CONTRACTOR RESPONSIBILITIES A . Review Shop Drawings , Product Data and samples prior to submission . B . Determine and verify: 1 . Field measurements 2 . Field construction criteria 3 . Catalog numbers and similar data ' 4 . Conformance with specifications C . Coordinate each submittal with requirements of the work and of the Contract Documents , D . Notify the Engineer in writing at the time of submission of ANY AND ALL DEVIATIONS in the submittals from requirements of the Contract Documents . All of the Contractor's comments and notations shall be in red ink. E . Begin no fabrication of work which requires submittals until return of submittals with Engineer's approval . 1 .08 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule , and in such sequence as to cause no delay in the work of any other Contractor. B . Number of submittals required : 1 . Shop Drawings : Submit the number of opaque reproductions which the contractor requires , plus four (4 ) copies which will be retained by the Engineer. 2 , Product Data : Submit the number of copies which the ' Contractor requires , plus four (4 ) which will be retained by the Engineer. 3 , Samples : Submit the number stated in each specification section . C . Submittals shall contain : 1 . The date of submission and the dates of any previous submissions . 01340 - 3 FAUtilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01340 Shop Drawings , Product Data and Samples.doc ' 2 . The project title and number 3 . Contract identification 4 . The name of: a . Contractor b . Supplier C , Manufacturer 5 . Identification of the project, with specification section number. 6 . Field dimensions , clearly identified as such . 7 . Relation to adjacent or critical features of the Work or materials . 8 . Applicable standards , such as ASTM or Federal Specification numbers . 9 . Identification of deviations from Contract Documents 10 . Identification of revisions on . resubmittals . 11 . An 8" x 3" blank space for Contractor and Engineer stamps 12 . Contractor's stamp or review and approval , initialed or signed , certifying to review of initialed or signed , certifying to review of submittal , verification of products , field measurements and field construction criteria , and coordination of the information within the submittal with requirements of the work and of Contract Documents . 1 . 09 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Engineer and resubmit until approved . B . Shop Drawings and Product Data : 1 . Revise initial drawings or data , and resubmit as specified for initial submittal . 2 . Indicate any changes which have been made other than those requested by the Engineer. C . Samples : Submit new samples as required for initial submittal . 1 . 10 DISTRIBUTION A . Distribute reproductions of Shop Drawings and copies of Product Data which carry the Engineer's stamp or review to : 1 . Job site file . 2 . Record Documents file . 3 . Other affected contractors 4 . Subcontractors 5 . Supplier or fabricator 01340 - 4 F:\Utilities\UTILITY - ENGINEERING\wTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01340 Shop Drawings , Product Data and Samples .doc ' B . Distribute samples which carry the Engineer's stamp of approval as directed by the Engineer. 1 . 11 ENGINEER' S DUTIES A. Review submittals with reasonable promptness and in accordance with schedule . B . Affix stamp and initials / signature , and indicate requirements for resubmittal , or review without comments of submittal . All of Engineer's comments shall be made in green ink . rC . Return submittals to Contractor for distribution , or for resubmission . PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable END OF SECTION ' 01340 - 5 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01340 Shop Drawings , Product Data and Samples.doc i SECTION 01381 AUDIO -VISUAL DOCUMENTATION PART 1 -- GENERAL 1 . 01 DESCRIPTION OF WORK Prior to commencing the Work , the Contractor shall have a continuous color audio-video tape recording taken along the entire length of the Project to serve as a record of preconstruction conditions . The preconstruction Swale elevations shall be recorded at 100 ' intervals . 1 . 02 APPROVAL No construction shall begin prior to review and acceptance of the tapes covering the construction area by the Engineer. The Engineer shall have the authority to reject all or any portion of a videotape not conforming to specifications and order that it be redone at no additional charge . The Contractor shall reschedule unacceptable coverage within five (5 ) days after being notified . The Engineer shall designate those areas , if any, to be omitted from or added to the audio-video coverage . Tape recordings shall not be made more than thirty (30 ) days prior to beginning of construction in any area . All tapes and written records shall become property of Owner. The tapes shall be delivered to the Owner as soon as possible after recording . 1 .03 QUALITY ASSURANCE The Contractor shall engage the services of a professional electrographer. The color audio-video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio-video tape documentation . PART 2 -- PRODUCTS 2 . 01 GENERAL All equipment, accessories , materials , and labor to perform this service shall be furnished by the Contractor. 2 .02 QUALITY The total audio-video system shall reproduce bright , sharp , clear pictures with accurate colors and shall have minimal distortion , tearing , rolls , or other imperfections . The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion and interruptions . 01381 - 1 F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Art Pfeffer\BID DOCUMENTS North County RO\BID DOCUMENTS\01381 Audio- Visual Documentation . doc i i 2 . 03 CAMERA The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal-to-noise ratio of 45dB , and a minimum illumination requirement of 25 foot candies . 2 . 04 TAPES Audio-video tapes shall be new. Reprocessed tapes will not be acceptable . The tapes shall be one-half inch , high energy , extended still frame capable videocassette , shall be interchangeable with the color videocassette player, and shall be compatible for playback with the player-receiver. PART 3 -- EXECUTION 3 . 01 VIDEOTAPING PROCEDURES A. Each tape shall begin with the current date , project name , and municipality, and be followed by the general location ; i . e . , name of street, house address , viewing side , and direction of progress . The audio track shall consist of an original live recording . The recording shall contain the narrative commentary . B . All video recordings must, by electronic means , display continuously and simultaneously generate , with the actual taping , transparent digital information to include the date and time of recording , and station numbers , if shown on the Drawings . The date information shall contain the month , day, and year. The time information shall contain the hour, minute , and second . Additional information shall be displayed periodically. Such information shall include , but not be limited to, project name , contract number, name of street, house address , direction of travel , and the viewing side . The transparent information shall appear on the screen . C . All taping shall be done during times of good visibility. No taping shall be done during precipitation , mist , or fog . The recording shall be done only when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects . D . The rate of speed in the general direction of travel of the vehicle ' used during taping shall not exceed 44 feet per minute . Panning , zoom-in , and zoom-out rates shall be sufficiently controlled to maintain a clear view of the object . 01381 - 2 F :\Utilities\UTILITY - EMPLOYEE FOLDERS\Art Pfeffer\BID DOCUMENTS North County RO\BID DOCUMENTS\01381 Audio- Visual Documentation .doc r r E . Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage . Such coverage shall include , but not be limited to , existing driveways , sidewalks , curbs , pavements , ditches , mailboxes , landscaping , culverts , fences , signs , and headwalls within the area covered . F . When conventional wheeled vehicles are used , the distance from the camera lens to the ground shall not be more than twelve ( 12 ) feet. In some instances , audio-video tape coverage may be required in areas not accessible by conventional wheeled vehicles . Such coverage shall be obtained by walking or special conveyance approved by the Engineer. r r r r r r END OF SECTION 1 01381 - 3 FAUtilities\UTILITY - EMPLOYEE FOLDERS\Art Pfeffer\BID DOCUMENTS North County RO\BID DOCUMENTS\01381 Audio- Visual Documentation .doc r SECTION 01560 TEMPORARY CONTROLS PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A . Furnish , install , and maintain temporary control facilities required for construction ; remove on completion of entire project any features not intended to remain on the project site . B . Provide noise control , dust control , water control , debris control , pollution control and erosion control as specified in the appropriate sections of these documents . 1 . 02 REQUIREMENTS OF REGULATORY AGENCIES A . Comply with federal , state , and local codes and regulations and utility company requirements . B . Comply with Department of Transportation requirements . PART 2 -- PRODUCTS 2 . 01 MATERIALS (GENERAL) A . Materials may be new or used , but must be adequate in capacity and quality for the required usage , MUST NOT create unsafe conditions and MUST NOT violate requirements of applicable codes and standards . 2 . 02 TEMPORARY NOISE CONTROL A. Mechanical equipment shall be fitted with mufflers to reduce noise from internal combustion type engines . B . Bells , sirens , alarms , etc. , shall be adjusted to provide adequate warnings to personnel on the project site ; however, they shall be regulated to an intensity that is amenable to the neighboring communities . C . Exterior construction work noises shall be kept to a minimum during evening , night , and early morning hours . In addition , weekend and holiday noises shall be limited to acceptable levels . D . In addition to on-site control , noise considerations shall be made to off-site vehicles and equipment (mobilization , demobilization , deliveries , etc . ) . 01560 - 1 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#22081BID DOCUMENTS North County ROOD DOCUMENTS\01560 Temporary Controls . doc r r 2 . 03 TEMPORARY DUST CONTROL rDust formed as a result of the construction shall be controlled by the Contractor. Cleaning of work areas and application of dust control materials are the most effective methods of dust control . 2 . 04 TEMPORARY WATER CONTROL A . The flow of water through the construction site shall be controlled by the Contractor such that it does not damage any constructed items ; however, it shall be diverted and channeled to effectively leave the site as soon as possible . Puddling and ponding on the site is not permitted . B . Water shall be controlled such that it does not enter excavated areas , nor is deposited on or against constructed features . 2 . 05 TEMPORARY DEBRIS CONTROL A. Provision shall be made by each Contractor to have available adequate containers to hold any and all debris that is to be generated from the project. Containers should be covered to prevent wind blowing paper, plastic, and lightweight products around and off the site . B . Instructions shall be given to personnel to utilize the trash containers . Containers shall be placed in convenient places at the site . C . At least once per week , a thorough cleaning of trash and debris shall be made at the construction site . An acceptable method of disposal shall be employed . r r END OF SECTION 01560 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01560 Temporary Controls . doc SECTION 01700 CONTRACT CLOSEOUT PART 1 -- GENERAL 1201 REQUIREMENTS INCLUDED A. Comply with requirements stated in General and Special Conditions of the Contract and in Specifications for administrative procedures in closing out the work . B . Related requirements in other parts of the Contract Documents : 1 . Fiscal provisions , legal submittals , and additional administrative requirements ; General Conditions of the Documents : a . Paragraph 6 . 19 — Record Documents b . Paragraph 14 . 11 — Final Inspection C' Paragraph 14 . 8 — Substantial Completion d . Paragraph 14 . 12 — Application for Final Payment e . Paragraph 14 . 13 — Final Payment and Acceptance f. Paragraph 13 . 1 — Guarantee of Work C . Related requirements specified in other sections : 1 . Section 01710 : Cleaning 2 , Section 01720 : Project Record Documents 3 . Section 01740 . Warranties and Bonds 1 . 02 SUBSTANTIAL COMPLETION A. When Contractor considers his work is substantially complete , he shall submit to Engineer: 1 . A written notice that the work , or designated portion thereof, is substantially complete . 2 . A list of items to be completed or corrected . B . Within a reasonable time after receipt of such notice , Engineer will make an inspection to determine the status of completion . C . Should Engineer determine that the work is not substantially complete : 1 . Engineer will promptly notify the Contractor, in writing , giving the reasons . 2 . Contractor shall remedy the deficiencies in the work , and shall send a second written notice of substantial completion to Engineer 3 . Engineer will re- inspect the work 01700 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01700 Contract Close-out.doc D . When Engineer concurs that the work is substantially complete , he will : 1 . Prepare a Certificate of Substantial Completion , accompanied by a list of items to be completed or corrected 2 . Submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the certificate . 1 . 03 FINAL INSPECTION A. When Contractor considers the work is complete , he shall submit written certification that : 1 . Contract Documents have been reviewed 2 . Work has been inspected for compliance with Contract Documents 3 . Work has been completed in accordance with Contract Documents 4 . Equipment and systems have been tested in the presence of the Owner's representative and are operational 5 . Equipment and systems instructions to Owner's personnel have been completed in accordance with Section 01730 6 . Work is completed and ready for final inspection B . Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification . C . Should Engineer consider that the work is incomplete or defective : 1 . Engineer will promptly notify the Contractor, in writing , listing the incomplete or defective work . 2 . Contractor shall take immediate steps to remedy the stated deficiencies , and send a second written certification to Engineer that the work is complete . 3 . Engineer will re-inspect the work D . When Engineer finds that the work is acceptable under the Contract Documents , he shall request the Contractor to make closeout submittals . 1 . 04 RE -INSPECTION FEES Should the Engineer perform re- inspection due to failure of the work to comply with the claims of status of completion made by the Contractor, Contractor will compensate Engineer/Owner for such additional services . 01700 - 2 F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01700 ContractClose-out.doc 1 . 05 ADDITIONAL SERVICES Should Engineer be required to provide representation at the site for the administration of the Contract for Construction , more than thirty days after the specified Date of Substantial Completion of the work , Contractor will compensate Engineer for such additional services . 1 . 06 CONTRACTOR' S CLOSEOUT SUBMITTALS TO ENGINEER A . Evidence of compliance with requirements of governing authorities : Certificate of Occupancy B . Project Record Documents : To requirements of Section 01720 C . Operating and Maintenance Data : Instructions to Owner's personnel conforming to requirements of Section 01730 D . Warranties and Bonds : To requirements of Section 01740 ; also , see Item H below E . Spare Parts and Maintenance Materials : To requirements of each specification section F . Evidence of Payment and Release of Liens : To requirements of General and Supplementary Conditions G . Certificate of Insurance for Products and Completed Operations H . One ( 1 ) Year Maintenance Bond I . Certificate of Operation from equipment manufacturers 1 .07 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to Engineer B . Statement shall reflect all adjustments to the Contract Sum : 1 . The original Contract Sum 2 . Additions and deductions resulting from : a . Previous change orders b . Allowances C. Unit prices d . Deductions for uncorrected work e . Deductions for liquidated damages f. Deductions for re-inspection payments g . Other adjustments 01700 - 3 RlUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01700 Contract Close-out.doc 3 . Total Contract sum , as adjusted 4 . Previous payments 5 . Sum remaining due C . Engineer will prepare a final change order, reflecting approved adjustments to the Contract sum which were not previously made by change order. 1 . 08 FINAL APPLICATION FOR PAYMENT A . Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable END OF SECTION 01700 - 4 F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01700 Contract Close-out.doc SECTION 01710 CLEANING PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED Execute cleaning , during progress of the work , and at completion of the work , as required by General conditions . 1 . 02 DISPOSAL REQUIREMENTS Conduct cleaning and disposal operations to comply y with codes , ordinances , regulations , and anti -pollution laws . PART 2 -- PRODUCTS 2 . 01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage finishes and surfaces . B . Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned . C . Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 -- EXECUTION 3 .01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the work , the site , and adjacent properties free from accumulation of waste materials , rubbish , and windblown debris resulting from construction operations . B . Dispose of waste materials , cartons , crating , debris , and rubbish at designated waste receptacles . C . Contractor shall maintain a broom -cleaned site during the entire construction phase . D . For exterior utility work (such as underground pipelines , roadways , service areas , etc. ) , these shall be cleaned daily. Not less frequently than once weekly . Roadways shall be mechanically broomed . 01710 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01710 Cleaning.doc 3 . 02 DUST CONTROL A . General Contractor shall broom-clean interior spaces prior to the start of completing painting and continue cleaning on an as- needed basis until painting is finished . B . Schedule operations so that dust and other contaminants resulting from the cleaning process will not fall on wet or newly-coated surfaces . 3 . 03 FINAL CLEANING A. Remove grease , mastic, adhesives , dust , dirt , stains , fingerprints , labels , and other foreign materials . B . Contractor shall broom-clean paved surface ; rake-clean other surfaces of the grounds . C . Prior to final completion , Contractor shall conduct an inspection of all work areas to verify that the entire work area is clean . END OF SECTION 01710 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North ROW RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01710 Cleaning .doc SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 -- GENERAL 1 . 01 REQUIREMENTS INCLUDED A. Contractor shall maintain at the site for the Owner one record copy of the following : 1 . Drawings 2 , Specifications 3 , Addenda 4 . Change orders and other modifications to the Contract 5 . Engineer field orders or written instructions 6 . Approved shop drawings , product data , and samples 7 . Field test records B . Related requirements in the other parts of the Contract Documents : General Conditions of the Contract; Section 2 — Schedules , Reports and Records C . Related requirements specified in other sections : Section 01340 : Shop Drawings , Product Data and Samples 1 . 02 MAINTENANCE OF DOCUMENTS AND SAMPLES A . Contractor shall store documents and samples in the field office apart from documents used for construction . 1 . Provide files and racks for storage of documents . 2 . Provide locked cabinet or secure storage space for storage of samples . B . File documents and samples in accordance with Specifications — Table of Contents . C . Maintain documents in a clean , dry, legible condition and in good order. Do not use record documents for construction purposes . D . Make documents and samples available at all times for inspection by Engineer. 01720 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01720 Project Record Documents . doc 1m0 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color red . 1 . 04 RECORDING (SEE ALSO SPECIAL CONDITIONS) " D " in neat large A. Label each document PROJECT RECORD " printed letters . g B . Record information concurrently with construction progress . DO NOT conceal or backfill any work until required information is recorded . C . Drawings : Legibly mark to record actual construction : 1 . Depths of various elements of construction in relation to N . G . V . D . 1929 , 2 . Horizontal and vertical locations of underground utilities and appurtenances , referenced to permanent surface improvements . 3 . Location of internal utilities and appurtenances concealed in the construction , referenced to visible and accessible features of the structure . 4 . Field changes of dimension and detail 5 . Changes made by field order or by change order. 6 . Details not on original contract drawings . D . Specifications and Addenda : Legibly mark each section to record : 1 . Manufacturer, trade name , catalog number and supplier of each product and item of equipment actually installed . 2 . Changes made by field order or by change order. 1 . 05 SUBMITTAL A. At Contract close-out, deliver Record Documents to Engineer for the Owner B . Accompany submittal with transmittal letter in duplicate , containing : 1 . Date 2 . Project title and number 3 . Contractor's name and address 4 . Title and number of each Record Document 5 . Signature of Contractor or his authorized representative 01720 - 2 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01720 Project Record Documents .doc 1 . 06 AS -BUILT SURVEYS A. CONTROL INFORMATION FOR AS- BUILT UTILITY SURVEY WORK 1 . All as-built drawings shall state in 1 " lettering "AS- BUILT RECORD SURVEY" located in the bottom right hand side of the drawing original and/or copies , along with the as-built date . 2 . All as-built surveys shall meet the minimum requirements of the Chapter 61G17 , Florida Administrative Code Pursuant to Section 472 of the Florida Statutes . All surveys shall be based on a minimum horizontal control Third Order, " Class 2 . " 3 . All state plane coordinates shall be based on the Florida State Plane Horizontal Data ( East Zone ) ; Florida High Precision Geodetic Network ( Superstation ) and NAD 83/ 1990 — final adjustment . 4 . State plane coordinates shall be physically tied to a minimum of two known state plane coordinate benchmarks that utilize number 3 above . State plane coordinates shall be shown on survey at benchmarks used . 5 . All elevations shown shall be based on 1929 NGVD . 6 . All incoming as-built survey AUTOCADD drawing files shall be received on 3 . 5" diskette and in state plane coordinates . ( NOTE : Prior to submitting the 3 . 5" AUTOCADD diskette , three (3) copies of each survey shall be submitted for review and approval . After all approvals , a signed and sealed Mylar reproducible along with two (2 ) signed and sealed copies of each survey shall be submitted . 7 . All as-built survey drawings shall be tied to a minimum of one permanent reference monument ( P . R . M . ) every 1400 feet if available , and tied to a minimum of two section corners or one section corner and one '/4 section corner, which ever is closest to the project. 8 . All as-built survey drawings shall be calculated in a Cogo package for future G . I . S . Information . The Cogo used shall meet the Cogo requirements set forth by the Department of Utility Services . 9 . All as-built surreys shall include a minimum of two (2 ) existing or established benchmarks for vertical control every 1 , 400 feet and shown on all surveys . 10 . Horizontal Control Monumentation (if required ) for utility lines shall be a minimum of two (2 ) points at a maximum of 1 , 400 feet between points and shown on all surveys . 11 . All utility as-built construction located within the right-of-ways , easements and alike shall be tied to the respective right-of-ways , easements , etc. , every 1 , 000 feet and change of direction . 01720 - 3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01720 Project Record Documents .doc 12 . All Utility As-built construction located withing one mile of the Indian River County Global Positioning System ( G . P . S . ) control project shall be tied from that nearest G . P . S . point and into the closest construction site Permanent Reference Monument ( P . R . M . ) , if available . This does not eliminate Item No . 7 above . 13 . All as-builts shall clearly depict as-built utility lines that were constructed along with all easements . As-builts will not be accepted unless the verbiage " PROPOSED " and/or "TO BE CONSTRUCTED" have been revised to read "AS- BUILT . " Construction drawings with construction terminology will not be accepted . PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable END OF SECTION 01720 - 4 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01720 Project Record Documents . doc SECTION 01740 WARRANTIES AND BONDS PART 1 -- GENERAL 1 .01 REQUIREMENTS INCLUDED A. Compile specified warranties and bonds . B . Compile specified service and maintenance contracts . C . Co-execute submittal when so specified . D . Review submittals to verify compliance with Contract Documents E . Submit to Engineer for review and transmittal to Owner 1 . 02 RELATED REQUIREMENTS A. In other parts of the Contract Documents : 1 . Instructional to Bidders : Bid or Proposal Bonds 2 , General Conditional of Contract: ra . Performance Bond and Labor and Material Payment Bond b . General Warranty of Construction . B . Specified in other sections : 1 . Section 01700 : Contract Closeout 2 . Each respective section of Specifications shall have Warranties and Bonds required for specific products . 3 . Provisions of Warranties and Bonds , Duration : The respective section of specification which specifies the product. 1 .03 SUBMITTAL REQUIREMENTS A . Assemble warranties , bonds and service and maintenance contracts , executed by each of the respective manufacturers , suppliers and subcontractors . 01740 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01740 Warranties and Bonds .doc B . Number of original signed copies requires : Two each . C . Table of Contents : Neatly typed , in orderly sequence . Provide complete information for each item . 1 . Product or work item 2 . Firm , with name of principal , address , and telephone number. 3 . Scope . '� 4 . Date of beginning of warranty , bond or service and maintenance contract. 5 . Duration of warranty, bond or service maintenance contract. 6 . Provide information for Owner's personnel : a . Proper procedure in case of failure b . Instances which might affect the validity of warranty bonds . 7 . Contractor, name of responsible principal , address and telephone number. 1 . 04 FORM OF SUBMITTALS A. Prepare in duplicate packets . B . Format : 1 . Size 8- 1 /2" X 11 " punched sheets for 3-ring binder a . Fold larger sheets to fit into binders 2 . Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS . " List: a . Title of project b . Name of Contractor C . Binders : Commercial quality , three-ring , with durable and cleanable plastic cover. 1 . 05 TIME OF SUBMITTALS �� A . Make submittals within ten days after Date of Substantial Completion , prior to final request for payment . B . For items of work , where acceptance is delayed materially beyond the Date of Substantial Completion , provide updated submittal within ten days after acceptance , listing the date of acceptance as the start of the warranty period . 01740 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01740 Warranties and Bonds .doc 1 . 06 SUBMITTALS REQUIRED A. Submit warranties , bonds , and service and maintenance contracts as specified in the respective sections of Specifications , as appropriate . PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTIVE Not applicable END OF SECTION 01740 - 3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\01740 Warranties and Bonds . doc 1 1 1 A t 1 � DIVISION 2 SITE WORK SECTION 02271 FABRIC FORMED RIPRAP PART 1 GENERAL 1 . 01 SCOPE OF WORK A. Furnish all materials , equipment , labor and perform all operations for placing fabric formed concrete riprap as shown on the plans and specified herein . Fabric formed concrete shall be used upstream and downstream of permanent RCP structures . PART 2 PRODUCTS 2 . 01 MATERIALS A . The structural grout shall consist of a mixture of portland cement , fine aggregate , and water so proportioned and mixed as to provide a pumpable slurry. Pozzolan and grout fluidifier conforming to this Section may be used at the option of the Contractor. The proposed mix design shall be submitted for approval with substantiating tests as follows : 1 . Portland cement shall conform to Section 921 of the FDOT Standard Specifications . 2 . Aggregate shall meet the requirements of the FDOT Standard Specifications for concrete aggregate , except as to grading . Aggregate grading shall be reasonable consistent and shall be well graded form the maximum size which can be conveniently handled with available pumping equipment. 3 . Water shall conform to Section 923 of the FDOT Standard Specifications , 4 . Pozzolan shall conform to section 345 of the FDOT Standard Specifications and shall be used in amounts of 10 to 30 percent by weight of the cement content. 5 . Grout fluidifier shall conform to Section 924 for Water Reducing and Retarding Admixtures of the FDOT Standard Specifications . The admixtures may be used to reduce segregation , increase workability and pumpability, improved strength and watertightness . 6 . Grout consistency should be 9 to 11 seconds when passed through a 3/4-in opening of standard flow cone as in ASTM C939 . Concrete slump tests are not appropriate . 7 . Air-Entraining Admixtures shall conform to Section 924 of the FDOT Standard Specifications . The air content shall not exceed 8 percent of the volume of the grout. 8 . The Contractor shall demonstrate the suitability of fabric design by injecting the proposed grout into 6-in diameter sleeves under a pressure of 10 to 15 psi which shall be maintained by means of air pressure or a stand pipe for 10 minutes . The F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#220 B g 8\ ID DOCUMENTS North County RO\BID DOCUMENTS\02271 Fabric Formed Rip Rap .doc 02271 - 1 sleeves shall be constructed of the same fabric used in the individual layers of fabric . A 6 -in by 12-in test cylinder shall be cut from each specimen and tested in accordance with ASTM C39 , B . The average compressive strength of the test cylinder shall be at least 20p ercent higher at seven days than that of companion test cylinders made in accordance with ASTM C31 , and not less than 2000 psi at 28 days . C . Fabric forming material shall consist of specifically woven , double layer, open selvage fabric jointed in mat configuration . The fabric shall consist of uncoated synthetic yarns with sufficient tensile strength and porosity to withstand the pressure of the grout injection pump without breaking the layers of fabric . D . The two fabric layers shall each be no lighter than 18 by 18 count per inch , 1000 denier nylon of 1000 denier polyester tire cord , of which at least 50 percent by weight shall be producer-bulked continuous multi-filament tire cord nylon . Fabric of equal or greater strength and porosity may be used with approval of the Engineer. Fabric containing film type polypropylene fiber will not be considered as an acceptable alternate . E . Individuals mill width panels shall be cut to suitable length and the two layers of fabric separately joined edge to edge by means of nylon thread . The tensile strength of stitched joints shall be not less than 100 pounds per inch when tested in accordance with ASTM D 1682 . F . Hydrostatic uplift relief shall be provided by installing filter points woven in such a manner as to permit passage of water through the filter points spaced at approximately 8-in centers . PART 3 EXECUTION 3 . 01 EQUIPMENT A . Mixing and pumping equipment used in preparation and handling of the grout shall be approved by the Engineer. All oil or other rust inhibitors shall be removed from the mixing drums , stirring mechanisms , and other portions of the equipment in contact with the grout before the mixers are used . The pumping equipment shall have a variable flow rate to provide enough pressure for pumping without breaking the fabric. B . All materials shall be accurately measured by volume or weight as they are fed into the mixer. The quantity of water shall be such as to produce a grout having a pumpable consistency. Time of mixing shall be not less than one minute . If agitated continuously, the grout may be held in the mixer or agitator for a period not exceeding 2- 1 /2 hours in temperatures below 70 degrees F , and for a period not exceeding 2 hours at higher temperatures . If there is a lapse in a pumping operation , the grout shall be recirculated through the pump or through the mixer drum (or agitator) and pump . 3 . 02 CONSTRUCTION METHODS A . Prior to grout injection , the fabric shall be positioned at its design location . Each panel shall be a continuous or monolithic unit for its full width , including the trench portion . F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02271 Fabric Formed Rip Rap.doc 02271 -2 B . Each panel shall consist of two or more mill widths of open selvage construction ; the two upper layers shall be joined together by sewing , and the two bottom layers shall be sewn together at the edges . Where adjacent panels cannot be joined in this manner, they shall be lapped a minimum of 24t. In no case will simple butt joint , either sewn or unsewn , be permitted . The ends and upper limits of the fabric mat shall be placed in a trench not less than 24-in deep and backfilled for the entire perimeter of fabric riprap as shown on the plans . All backfill shall be compacted to a minimum of 95 percent modified proctor density. C . Small cuts shall be made in the fabric to allow for the insertion of the grout hose or grout nozzle . Grout shall be introduced into the space between the layers of fabric and shall be injected in such a way the excessive pressure on the fabric envelope is avoided . Starting at the lowest elevation and working up the slope , the grout shall be injected in such a way that the distance from the point of injection to the end of the panel is not greater than 30-ft. After grouting has been completed , the void between trench wall and filled fabric shall be backfilled and compacted . D . Holes in the fabric left by the removal of the grout hose or inserts shall be temporarily P Y closed by inserting a piece of burlap or similar material . The burlap shall be removed when the mortar is no longer fluid and the surface is firm to hand pressure . Foot traffic on the filled fabric formed concrete riprap shall be limited to an absolute minimum for 1 hour after pumping in order to reduce indentation . tE . Edge treatment for fabric formed riprap shall consist of a "key-in " or perpendicular placement of riprap , a minimum of 2-ft deep as measured from finished grade . Trench shall be backfilled and compacted no earlier than 1 hour after placement of concrete . Filled trench area shall be sodded as specified in Section 02485 . 3 . 03 ACCEPTANCE SAMPLING AND TESTING A . Acceptance test shall be by compressive strength , For each 500 s d or less of g qY placement, two concrete cylinders shall be made and tested at 28 days according to applicable procedures . END OF SECTION F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02271 Fabric Formed Rip Rap.doc 02271 -3 SECTION 02401 DEWATERING PART 1 -- GENERAL ' 1 . 01 DESCRIPTION OF WORK I The work to be performed under this section shall include furnishing all equipment and labor necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings . 1 .02 APPLICABLE CODES , STANDARDS AND SPECIFICATIONS The dewatering of any excavation areas and the disposal of the water shall be in strict accordance with the latest revision of all local and state government rules and regulations . The Contractor shall obtain any required dewatering permit from the appropriate agencies prior to commencing dewatering operations . PART 2 -- PRODUCTS ( Not Applicable) PART 3 -- EXECUTION 3 . 01 DEWATERING The Contractor shall provide adequate equipment for the removal of storm or subsurface waters that may accumulate in the excavation . If subsurface water is encountered , the Contractor shall utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying . A wellpoint system or other Engineer-approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and for pipe laying . Wellpoint holes shall be plugged with concrete grout. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom , side walls , or bedding material will occur. In the event that satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could damage existing structures , the Contractor shall obtain the Engineer's approval of wet trench construction procedure before commencing construction . Dewatering shall cease in a manner to allow the subsurface water to slowly return to normal levels . 3 . 02 DISPOSAL Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals, or suitable disposal pits . Contractor is responsible for acquiring all permits required to discharge the water and shall ' protect waterways from turbidity during the dewatering operation. In areas where adequate disposal sites are not available, partially backfilled trenches may be used for water disposal only when the Contractor ' s plan for trench disposal is approved 02401 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\02401 Dewatering .doc in writing by the Engineer. The Contractor ' s plan shall include temporary culverts, barricades, and other protective measures to prevent damage to property ' or injury to any person or persons . No flooding of streets , roadways, driveways, or private property will be permitted. Engines driving dewatering pumps shall be equipped with residential type mufflers . r END OF SECTION 02401 - 2 RlUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02401 Dewatering .doc SECTION 02485 GRASSING PART 1 -- GENERAL 1 . 01 DESCRIPTION OF WORK The Contractor shall furnish all labor, equipment, and materials necessary for grassing all areas disturbed by his operations and any other areas on the plans indicated to receive grassing . It is the intent of this specification that damaged areas are to be replaced in kind , with sod to be used for all maintained yard areas . The Engineer shall designate those areas to receive seed and those areas to receive sod . Engineer shall also designate the type of seed/sod to be used in each area . Contractor shall take all steps practical to minimize the area required to be sodded or seeded . All grassing shall be in accordance with Section 570- 1 through 570-5 of the 1986 FDOT Standard Specifications for Road and Bridge Construction , except as modified herein . i1 . 02 STORAGE OF MATERIALS The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic or interfere with other aspects of the work . PART 2 -- PRODUCTS 2 . 01 SOD A. Types : Sod shall be St. Augustine Florata g m , Argentine Bahia , Centipede , or Bermuda , depending on type of existing sod in adjacent area to be ' matched . Sod shall be well matted with roots . Where sodding will adjoin , or be in sufficiently close proximity to private lawns , types of sod other than those listed above may be used if desired by the affected property ' owners and approved by the Engineer. Sod shall be delivered in commercial-size rectangles , preferably 12-inch by 24-inch or larger. ' B . Condition : The sod shall be sufficiently thick to secure a dense stand of live grass . The sod shall be live , fresh , and uninjured at the time of planting . It shall have a soil mat of sufficient thickness adhering firmly to ' the roots to withstand all necessary handling . It shall be reasonably free of weeds and other grasses . It shall be planted as soon as possible after being dug and shall be kept moist from the time it is planted . 2 . 02 SEED A . General : All seed shall meet the requirements of the State Department of ' Agriculture and Consumer Services and all applicable State laws . The seed shall have been harvested from the previous year's crop . When a low percentage of grass seed or native seed germination causes the 02485 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02485 Grassing .doc quality of the seed to fall below the minimum pure live seed percentage as to specified below, the Contractor may elect , subject to the approval of the Engineer, to increase the rate of application sufficiently to obtain the minimum germination rate specified . No payment will be made for the added seed . ' Be Delivery and Storage : Each of the species or varieties of seed shall be furnished and delivered in separate labeled bags . During handling and storage , the seed shall be cared for in such a manner that it will be protected from damage by heat , moisture , rodents , and other causes . All permanent and temporary grass seed shall have been tested within a ' period of six months of the date of planting . C . Purity and Germination : All permanent and temporary grass seed shall have a minimum percent of purity and germination as follows : ' 1 . Argentine Bahia Grass Seed shall have a minimumP ure seed content of 95 percent , with a minimum germination of 80 percent. ' 2 . Pensacola Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum active germination of 40 percent and a total germination of 80 percent , including firm seed . 3 . Bermuda Grass Seed shall be of common variety with a minimum germination of 85 percent. 4 . Annual Type Rye Grass Seed shall have a minimum pure seed content of 95 percent , with a minimum germination of 90 percent. 2 . 03 MULCH The mulch material used shall normally be dry mulch . Dry mulch shall be straw or hay, consisting of oat , rye , of wheat straw, or of pangola , peanut, coastal Bermuda , or Bahia grass hay. Only deteriorated mulch which can readily be cut ' into the soil shall be used . 2 . 04 GRASSING EQUIPMENT A. Seed Spreader: The seed spreader shall be an approved mechanical hand spreader or other approved type of spreader. Be Equipment for Cutting Mulch into Soil : The mulching equipment shall be of a type capable of cutting the specified materials uniformly into the soil , ' and to the required depth . Harrows will not be allowed . C . Rollers : A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grassed areas . ' 02485 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02485 Grassing . doc PART 3 -- EXECUTION ' 3 . 01 GENERAL CONSTRUCTION METHODS ' Seeding and mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and in proper condition to induce growth . No seeding shall be done when the ground is ' frozen , unduly wet, or otherwise not in a tillable condition . Whenever a suitable length of right-of--way or adjacent area has been graded , it shall be made ready, when directed by the Engineer, and grassed in accordance with these specifications . Grassing shall be incorporated into the project at the earliest ' practical time in the lift of the contract. 3 .02 SODDING A . Preparation of Area to be Sodded : The ground which is to receive sod shall have been graded to proper elevations (2" below sodded grade ) to match pre-construction conditions or proposed grades . All disturbed swales and ditches shall have been restored to their pre-construction condition or better. The pre-construction grade shall be maintained and ' the prepared soil shall be loose and reasonable smooth . It shall be reasonable free of large clods , roots , patches of existing grass , and other material which will interfere with the sod-laying operations or subsequent ' mowing and maintenance operations . B . Laying of Sod : Sod shall be installed in all areas so designated by Engineer. Sod shall be carefully placed so that each piece abuts flush to all surrounding sod , regardless of whether surrounding sod is new or existing . Where new sod is to be placed adjacent to existing sod , the new sod must be cut in to match the elevation of the existing sod . Uneven sod ' which might cause mowing problems will be rejected . New sod laid on top of existing sod will also be rejected . All sod placed on steep slopes (greater than 1 : 1 ) shall be pinned with a wooden pin to keep it in place . ' C . Rolling : Immediately after completion of the sod laying , the entire sodded area shall be rolled thoroughly with the equipment specified . At least two ' trips over the entire area will be required . D . Watering : Newly-sodded areas are to be watered by Contractor as necessary to keep sod alive until the Contractor is closed out . Dead sod shall be replaced by Contractor prior to contract closeout . 3 . 03 SEEDING A. Sequence of Operations : The operations involved in the work shall proceed in the following sequence : preparation of the ground , seeding , ' spreading , and cutting in mulch . ' 02485 - 3 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02485 Grassing .doc ' B . Preparation of Area to be Seeded : The ground over which the seed is to be sown shall be prepared by disk-harrowing and thoroughly pulverizing ' the soil to a suitable depth . The prepared soil shall be loose and reasonably smooth . It shall be reasonable free of large clods , roots , and other material which will interfere with the work or subsequent mowing ' and maintenance operations . C . Application of Seed : While the soil is still loose , the seed shall be ' scattered uniformly over the grassing area and immediately mixed into the seed bed to a depth of one-half inch . Unless other types of seed are called for, permanent-type grass seed shall be a mixture of 20 parts of Bermuda seed and 80 parts of Pensacola Bahia seed . Quick-growing type grass seed shall be a species which will provide an early ground cover during the particular season when planting is done and will not later compete with permanent grass . The separate types of seed used shall be thoroughly dry- mixed immediately before sowing . Seed which has become wet shall not be used . D . Mulching : When mulching is called for, approximately two inches , loose thickness , of the mulch material shall then be applied uniformly over the seeded area , and the mulch material cut into the soil with the equipment ' specified , so as to produce a loose mulched thickness of three to four inches . Care shall be exercised that the materials are not cut too deeply into the soil . No artificial watering of the mulch shall be done before it is applied . E . Rolling : Immediately after completion of the seeding , the entire grassed or mulched area shall be rolled thoroughly with the equipment specified . ' At least two trips over the entire area will be required . F . Watering : Newly seeded areas are not to be watered to force the seed germination , but only to sustain grass growth . Water will only be used on vegetated areas when permitted by the Engineer. ' G . Operations on Steep Slopes : On steep slopes when mulching is called for, the mulch material may be anchored down in lieu of being cut into the soil by use of a machine . Anchoring may be done by either of the ' following methods : 1 . Placing a layer of soil , approximately two inches thick by nine ' inches wide , along the upper limits of the mulch , and spotting soil piles over the rest of the area at a maximum spacing of four feet . 2 . Spreading a string net over the mulch , using stakes driven flush with the top of the mulch , at six-foot centers , and stringing parallel ' and perpendicular, with diagonals in both directions . H . Maintenance : The Contractor shall , at his expense , maintain the planted ' areas in a satisfactory condition until final acceptance of the project . Such maintenance shall include the filling , leveling , and repairing of any washed or eroded areas , as may be necessary . The Engineer, at any ' 02485 - 4 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02485 Grassing .doc time , may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. If a ' planted area must be replanted due to the Contractor's negligence , carelessness , or failure to provide routine maintenance of such areas , such replacement shall be at the Contractor's expense . If replanting is ' necessary due to factors determined to be beyond the control of the Contractor, payment for replacement will be made under the appropriate contract pay items . END OF SECTION ' 02485 - 5 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02485 Grassing .doc ' SECTION 02610 ' RESTRAINED JOINTS, EXCAVATION AND BACKFILLING 1 . 01 RESTRAINED JOINTS A . Restrained joints shall be used on lines larger than 6-inch diameter. Sections of piping having restrained joints or those requiring restrained ' joints shall be constructed using pipe and fittings with restrained " Locked - type" joints , and the joints shall be capable of holding against withdrawal for line pressures up to 150 pounds per square inch (psi ) . The pipe fittings shall be as shown for restrained push -on joints or restrained ' mechanical oints on Page 416 in Section VI , in the Handbook of Cast Iron Pipe , 4` Edition . In all cases , restrained joints must be used per Section C below, with thrust blocks , per contract drawings . ' B . Restrained pipe joints that achieve restraint by incorporating incor oratin cutout sections installed in the bell of the pipe shall have a minimum wall thickness at the point of cutout that corresponds with the minimum specified wall thickness for the rest of the pipe . C . The minimum number of restrained joints required for resisting forces at fittings and changes in direction of pipe shall be determined from the length of restrained pipe on each side of fittings and changes in direction ' necessary to develop adequate resisting friction with the soil . Table M- 5B is provided for the Contractor as a guideline . ' L = 1 . 5PA ( 1 -COS X ) fW ' Where : L = length of pipe on each side of fittings or change in direction P = 150 psi , unless otherwise noted A = cross-sectional area In square inches based on outside diameter - (O . D . ) of pipe X = Angle of bend or change in direction in degrees f - Coefficient of friction = 1 . 4 (maximum ) W = W (earth ) + W ( pipe ) + W (water in pipe ) W (earth ) ' = (density of soil *) (depth of cover in feet) (O . D . in feet) * maximum 120 lbs/cubic ft above maximum water table elevation and 60 lbs/cubic ft below maximum water table elevation . D . Bolts and nuts for restrained joints shall be hot dipped galvanized , low ' alloy, high strength steel . E . The Contractor shall also provide restrained joints in accordance with the above criteria wherever below ground fittings on lines 12 inches in diameter or less . ' 02610- 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North ' County RO\BID DOCUMENTS\02610 Restrained Joints , Excavation , and Backfilling .doc 1 .02 EARTHWORK AND BACKFILL A. All excavation for utilities and/or house connections shall be adequately guarded with barricades and lights , so as to protect the public from ' hazard . Streets , sidewalks , driveways , curbs , parkways , and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County . B . Foundation material used for pipe bedding , from a minimum 6 inch distance below the pipe invert to the bottom 12 inches above the top of the pipe , shall be bank run sand and gravel . C . All gravity sewer installation procedures must be in accordance with pipe manufacturer's recommendations . All gravity sewers and force mains ' shall be installed to have minimum cover of 36 inches . Installation of gravity sewers shall be controlled by use of a laser to maintain proper grade . D . Installation of force mains shall be in accordance with AWWA Standard C600 and the installation specifications for water lines in the water ' distribution section , irrespective of the type of pipe selected . 1 . Trench - Trench width shall be kept to a minimum necessary for installation of the pipe . The trench bottom shall be graded uniformly ' to match the slope of the pipe . 2 . Backfill - Only good quality backfill , free of stones , roots , rocks , broken cement , or other material , which might be damaging to the pipe shall be used . Backfill shall be placed in the trench in uniform lifts of 12 inches . 3 . Compaction - All pipe must be compacted by hand tamping to the centerline , under the pipe . Backfill shall be compacted in lifts up to the surface to achieve a minimum compaction of 95 percent of maximum density in roadways and shoulders , and 90 percent in easements in accordance with AASHTO T- 180 and ASTM D-2167 . 4 . Dewatering - Construction shall be accomplished in a dry trench . Well pointing will be required , as necessary. All water entering excavations or other parts of the work shall be contained , collected , ' and pumped to suitable places for disposal as permitted by State . 5 . Sheeting - Sheeting and shoring shall be installed as may be necessary for the protection of the work , preservation of adjacent property and structures , and the safety of employees . Sheeting and bracing shall be uniform to OSHA requirements . ' END OF SECTION ' 02610-2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North ' County RO\BID DOCUMENTS\02610 Restrained Joints , Excavation , and Backfilling .doc ' SECTION 02625 WATER MAINS DUCTILE IRON PIPE AND FITTINGS ' 1 . 01 SCOPE This section covers cast ductile iron pipe and cast ductile iron fittings for ' water mains . 1 . 02 GENERAL A . Ductile iron pipe shall be allowed for use as water pipe where compatible with the specific conditions of the project. The use of material other than ductile iron may be required by IRCDUS ' during construction permit review, or by IRCDUS field personnel , if it is determined that ductile iron pipe is unsuitable for the particular application . ' B . All ductile iron pipe shall be manufactured in accordance with AWWA Specification C- 151 and shall be Class 50 minimum . All ' ductile iron pipe crossing under roadways shall be Pressure Class 350 minimum . ' C . Unless specifically indicated otherwise , restrained joint underground piping shall be manufactured restrained bell and spigot and above ground piping shall be flanged . ' D . Cutting of ductile iron pipe shall be by sawing only. 1 . 03 PIPE ' Ductile iron pipe shall be bell and spigot cast in accordance with AWWA Specification C151 (ANSI A21 . 51 -86 ) , or latest revision . Cast ductile iron ' shall have a minimum tensile strength of 60 , 000 psi , with a minimum yield strength of 42 , 000 psi . Pipe wall thickness shall be computed in accordance with AWWA Specification C150 (ANSI A21 . 50-81 ) , or latest ' revision , using the physical characteristics cited above , with a minimum working pressure of 150 psi and a Laying Condition "Type 2 . " Unless otherwise indicated or specified herein , the pipe shall have the minimum ' wall thickness according to class designation for diameters shown . All pipe shall be given a minimum factory hydrostatic test of 500 pounds per square inch . ' 02625 - 1 F :\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02625 WM Ductile Iron Pipe and Fittings .doc ' Pipe Class 50 Class 52 Diameter Minimum Wall Thickness Minimum Wall Thickness ' ( Inches) (Inches) (Inches) 4 0 . 29 6 0 . 25 0 . 31 ' 8 0 . 27 0 . 33 10 0 . 29 0 . 35 12 0 . 31 0. 37 ' 14 0 . 33 0. 39 16 0 . 34 0 . 40 18 0 . 35 0 . 41 ' 20 0 . 36 0 . 42 24 0 . 38 0 . 44 30 0 . 39 0 . 47 36 0 .43 0 . 53 42 0 . 47 0 . 59 ' 1 . 04 FITTINGS A. All underground fittings shall be either bell and spigot , or mechanical joint. Mechanical joints shall conform to AWWA Specification C110 (ANSI 21 . 10-87 ) , or latest revision . All aboveground fittings shall be flanged joint. ' B . The pressure rating shall be 250 psi for fittings up to 12 inches and a minimum of 150 psi for larger sizes . ' C . All fittings shall be lined with the same material as specified for the pipe as per paragraph 1 . 05 . ' 1 . 05 LINING AND COATING A. Unless otherwise indicated , all ductile iron pipe shall be factory ' lined and coated . B . Lining : All pipe shall be cement mortar lined and seal coated in ' accordance with AWWA Standard C104 (ANSI A21 . 4-85 ) , or latest revision . ' C . Coating : Unless specified otherwise , all pipe shall be bituminous coated outside to a dry film thickness of at least 2 mil . D . Repair: Anywhere that the coating is removed purposely or accidentally , the area shall be cleaned of any rust, grease , and dirt and re-coated to a minimum dry film as specified for the individual piece . E . Encasement : If and where directed by IRCDUS , a polyethylene encasement shall be provided over pipe , fittings , and valves . The ' 02625 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02625 WM Ductile Iron Pipe and Fittings . doc material , installation , and workmanship shall conform to applicable sections of AWWA C105 (ANSI A21 . 5-88 ) , or latest revision . ' Installation methods A or B shall be employed using flat tube polyethylene . The Contractor shall make provisions to keep the polyethylene from direct exposure to sunlight prior to installation , and backfilling following installation shall be completed without delay to avoid exposure to sunlight. 1 . 06 BELL AND SPIGOT CONNECTIONS ' Joints in bell and spigot i e shall be push- on , mechanical , or restrained joints in accordance with AWWA Standard C- 111 (ANSI 21 . 11 -85 ) , or latest revision . Mechanical joint pipe set-screw type retainer glands will be permitted on a case-by-case basis , when restrained mechanical joints , in accordance with AWWA Standard C- 111 (ANSI 21 . 11 -85 ) , or latest revision , are impractical . Thrust blocks may be required by IRCDUS in cases where retainer glands are used . 1 . 07 FLANGED CONNECTIONS A . All flanged pipe barrels shall comply with the physical and ' chemical requirements as set forth in the Handbook of Ductile Iron Pipe of the Cast Iron Pipe Research Association . Flanges shall be in accordance with ANSI Specification B16 . 1 for Class 125 ' flanges . Bolts shall comply with ANSI Specification B18 . 2 . B . Flanged pipe shall be faced and drilled to the American Standard drilling , unless special drilling is called for or required . Where tap ' or stud bolts are required , flanges shall be tapped . Flanges shall be accurately faced and drilled smooth and true , at right angles to the pipe axis and shall be covered with zinc dust and tallow, or a rust preventive compound immediately after facing and drilling . C . Flanged pipe with screwed-on flanges shall be furnished with long ' hubs , and the flanges shall be screwed on the threaded end of the pipe in the shop , and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside . ' D . Flanged joints shall be made with bolts or stud bolts and nuts . Bolts , stud bolts , and nuts shall conform to American Standard heavy dimensions , semi -finished with square or hexagonal heads and cold punched hexagonal nuts , meeting the requirements of ' ASTM Designation A-307 . Bolt sizes shall be American Standard for the flanges specified , and bolts and nuts shall have good , true threads . E . Gaskets shall be in accordance with AWWA Standard C- 115 (ANSI A21 . 15-88 ) , or latest revision . ' 02625 - 3 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02625 WM Ductile Iron Pipe and Fittings .doc 1 . 08 SUBMITTALS Before starting fabrication of the cast iron pipe and fittings , complete detailed working drawings shall be submitted by the Contractor for approval by the Engineer. Such drawings shall show the piping layouts and contain schedules of all pipe , fittings , valves , and expansion joints , hangers and supports , and other appurtenances . Where special fittings are required , they shall be shown in large detail with all necessary dimensions . The drawings submitted shall show flanged jointed sections placed so as to be removable without disturbance to the main pipe sections . ' 1 . 09 MARKING ' Number 10 single conductor copper trace wire shall be spiral wrapped or affixed to the top of the pipe . See trace wire detail M- 16 for specifications regarding installation . 1910 INSTALLATION OF WATER MAINS Unless otherwise noted on the drawings or in other sections of this specification , the pipe shall be handled and installed in strict accordance with the manufacturer's instructions and with the applicable provisions of AWWA C600. If a conflict exists between the manufacturer's instructions and the AWWA Standards , the manufacturer's instructions shall govern . The contractor shall use every precaution during construction to protect the pipe against the entry of non -potable water, dirt , wood , small animals , ' and any other foreign material that would hinder the operation of the pipe line . Where the groundwater elevation is above the bottom of the trench , the Contractor shall provide suitable dewatering equipment at no ' additional cost to the Owner. All piping shall be placed in a dry trench , unless wet trench installation is approved by the Engineer. ' Depth of Cover and Pipe Elevation : Unless otherwise shown on the drawings , or otherwise authorized by the Engineer, all pipe shall have a minimum cover of 36 inches . Contractor shall determine top of pipe ' elevation and top of ground elevation for every two joints of pipe installed using a level . Pipe must have the minimum cover described above and must be within +/- 0 . 2 feet of the top of pipe elevation indicated on the ' drawings . Installed pipe which does not meet these requirements shall be reinstalled until it does meet these requirements . Contractor shall record top of pipe and top of ground elevations and the locations of where these elevations were determined and submit this information to Engineer ' or his representative . Engineer reserves the right to have Contractor excavate and check top of pipe and top of ground elevations to see if they conform to the aforementioned requirements , at no cost to the Owner. END OF SECTION ' 02625 - 4 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North ' County RO\BID DOCUMENTS\02625 WM Ductile Iron Pipe and Fittings. doc SECTION 02627 WATER MAINS POLYETHYLENE ' 1 .01 SCOPE This section covers Polyethylene ( PE ) pipe and fittings water mains . 1 .02 GENERAL A. Polyethylene ( PE ) pipe shall be allowed for use as watermain pipe where ' compatible with the specific conditions of the project . The use of material other than PE pipe may be required by IRCDUS during construction permit review or by IRCDUS field personnel , if it is determined that PE is unsuitable for the particular application . B . Documentation from the resin 's manufacturer showing results of the following tests for resin identification : 1 . Melt Flow Index ASTM D 1238 2 , Density ASTM D 1505 C . All PE pipe and fittings shall be from a single manufacturer, who is fully ' experienced , reputable and qualified in the manufacturing of the PE pipe to be furnished . The pipe shall be designed , constructed and installed in accordance with the best practices and methods and shall comply with these Specifications . Qualified manufacturers shall be : PLEXCO Division of Chevron Chemical Company, DRISCOPIPE as manufactured by Phillips Products Co. , Inc. , SCLAIRPIPE as manufactured by Dupont of Canada or equal as approved by the Engineer. D . Finished Product Evaluation 1 . Each length of pipe produced shall be checked by production staff for the items listed below. The results of all measurements shall be recorded on production sheets which become part of the ' manufacturer's permanent records . a . Pipe in process shall be checked visually, inside and out for cosmetic defects (grooves , pits , hollows , etc. ) b . Pipe outside diameter shall be measured using a suitable periphery tape to ensure conformance with ASTM F714 or ASTM D-3035 , whichever is applicable . C. Pipe wall thickness shall be measured at 12 equally spaced locations around the circumference at both ends of the pipe to ensure conformance with ASTM F714 or ASTM D-3035 , whichever is applicable . ' d . Pipe length shall be measured e . Pipe marking shall be examined an checked for accuracy 02627 - 1 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene .doc f. Pipe ends shall be checked to ensure they are cut square and clean g . Subject inside surface to a " reverse bend test" to ensure the pipe is free of oxidation (brittleness ) . E . Stress Regression Testing 1 . The polyethylene pipe manufacturer shall provide certification that stress regression testing has been performed on the specific polyethylene resin being utilized in the manufacturing of this product. This stress regression testing shall have been done in accordance with ASTM D2837 and the manufacturer shall provide a product supplying a minimum Hydrostatic Design Basis ( HDB ) of 1 , 600 psi as determined in accordance with ASTM D2837 . F . Contractor is responsible for compatibility between pipe materials , fittings and appurtenances . G . The pipe MANUFACTURER shall provide a warranty against manufacturing defects of material and workmanship for a period of ten ( 10 ) years after the final acceptance of the project by the OWNER . The MANUFACTURER shall replace at no expense to the OWNER any defective pipe material including labor within the warranty period . 1 .03 MATERIALS FOR PIPE SIZES 3 " AND LARGER A. Materials used for the manufacture of polyethylene pipe and fittings shall be made from a �PE 3408 polyethylene resin compound meeting cell ' classification 345434C per ASTM D3350 ; and meeting Type III , Class C , Category 5 , Grade P34 per ASTM D1248 B . Polyethylene ( PE ) pipe shall comply with AWWA Specifications C906-90. C . If rework compounds are required , only those generated in the ' Manufacturer's own plant from resin compounds of the same class and type from the same raw material supplier shall be used . D . Dimensions and workmanship shall be as specified by ASTM F714 . PE fittings and transitions shall meet ASTM D3261 . PE pipe shall have a minimum density of 0 . 955 grams per cubic centimeter. All PE pipe and fittings shall have a Hydrostatic Design Basis ( HDB ) of 1 , 600 psi . E . PE pipe and accessories 3 " and greater in diameter, shall be 160 psi at 73 . 4° F meeting the requirements of Standard Dimension Ration (SDR ) 11 as MINIMUM STRENGTH . F . Compliance with the above requirements must be certified by the pipe ' Manufacturer. 1 . 04 MATERIALS FOR PIPE SIZES UNDER 3 " ' 02627 - 2 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene.doc A . Materials used for the manufacture of polyethylene pipe and fittings shall ' be made from a PE 3408 polyethylene resin compound meeting cell classification 345434C per ASTM D3350 ; and meeting Type 111 , Class C , Category 5 , Grade P34 per ASTM D1248 . iB . Polyethylene ( PE ) pipe shall comply with AWWA Specifications C901 -96 , C . If rework compounds are required , only those generated in the Manufacturer's own plant from resin compounds of the same class and type from the same raw material supplier shall be used . D . Dimensions and workmanship shall be as specified by ASTM D-3035 . PE fittings and transitions shall meet ASTM D3261 . PE pipe shall have a minimum density of 0 . 955 grams per cubic centimeter. All PE pipe and fittings shall have a Hydrostatic Design Basis ( HDB ) of 1 , 600 psi . E . PE pipe and accessories 3" and greater in diameter, shall be 160 psi at 73 . 4° F meeting the requirements of Standard Dimension Ration (SDR ) 11 as MINIMUM STRENGTH . F . Compliance with the above requirements must be certified by the pipe Manufacturer. 1 . 05 FITTINGS A. All molded fittings and fabricated fittings shall be fully pressure rated to match the pipe SDR pressure rating to which they are made . All fittings shall be molded or fabricated by the manufacturer. No Contractor fabricated fittings shall be used unless approved by the Engineer. B . The manufacturer of the PE pipe shall supply all PE fittings and accessories as well as any adapters and/or specials required to perform ' the work as shown on the Drawings and specified herein . C . All transition from PE pipe to ductile iron shall be made per the PE or ductile iron pipe manufacturer's recommendations and specifications , whichever is more stringent. A molded flange connector adapter within a carbon steel back-up ring assembly shall be used for pipe type transitions . Ductile iron back-up rings shall mate with cast iron flanges per ANSI B16 . 1 . A 316 stainless steel back-up ring shall mate with a 316 stainless flange per ANSI 816 . 1 . ' D . Fittings and transitions shall be as manufactured by Phillips Driscopipe , Inc. , 1000 Series Pressure Pipe , Chevron Chemical Company Plexco/Spiralite pipe , or equal . E . Compliance with the above requirements must be certified by the pipe supplier. 02627 - 3 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene .doc 106 JOINTING METHOD A . The pipe shall be joined with butt, heat fusion joints . All joints shall be made in strict compliance with the manufacturer's recommendations . B . Lengths of pipe shall be assembled into suitable installation lengths by the butt-fusion process . All pipe so joined shall be made from the same class and type of raw material made by the same raw material supplier. Pipe shall be furnished in standard laying length 's not to exceed 50 feet. C . The polyethylene flange adapters at pipe material transitions shall be backed up by carbon steel flanges conforming to ANSI 816 . 1 and shaped as necessary to suit the outside dimensions of the pipe . The flange adapter assemblies shall be connected with corrosion resisting bolts and ' nuts of Type 316 Stainless Steel as specified in ASTM A726 and ASTM A307 . All bolts shall be tightened to the manufacturer's specified torques . Bolts shall be tightened alternatively and evenly. After installation apply a bitumastic coating to bolts and nuts . 1 . 07 PIPE IDENTIFICATION A. The following shall be continuously indent printed on the pipe or spaced at intervals not exceeding 5-ft. 1 . Name and/or trademark of the pipe manufacturer. 2 . Nominal pipe size . 3 . Dimension ratio. 4 . The letters PE followed by the polyethylene grade in accordance with ASTM D1248 , followed by the hydrostatic design basis in 160 's of psi , e . g . , PE 3408 . 5 . Manufacturing standard reference , e . g . , ASTM F714 or D-3035 , as required . 6 . A production code from which the date and place of manufacture ' can be determined . B . Number 10 Stranded Conductor Copper Trace Wire shall be spiral ' wrapped or affixed to the top of all pipe and fittings . See Trace Wire Detail M- 16 for specifications regarding installation . ' 1 . 08 INSTALLATION A. Polyethylene ( PE ) Pipe shall be installed in accordance with the instruction of the manufacturer, as shown on the Drawings and as specified herein . All heat fusion joints shall be done by a factory qualified joining technician as designated by the pipe manufacturer. B . Care shall be taken in loading , transporting and unloading to prevent injury to the pipe . Pipe or fitting shall not be dropped . All pipe or fittings shall be examined before installation , and no piece shall be installed 02627 - 4 F:\UtilitieslUTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene . doc which is found to be defective . An damage to the pipe s Y 9 p p hall be repaired as directed by the Engineer. If any defective pipe is discovered after it has been installed , it shall be removed and replaced with a sound pipe in a satisfactory manner by the Contractor, at his own expense . C . Under no circumstances shall the pipe or accessories be dropped into the trench . D . Care shall be taken during transportation of the pipe such that it will not be cut, kinked or otherwise damaged . E . Ropes , fabric or rubber protected slings and straps shall be used when handling pipes . Chains , cables or hooks inserted into the pipe ends shall not be used . Two slings spread apart shall be used for lifting each length of pipe . ' F . Pipes shall be stored on level ground , preferably turf or sand , free of sharp objects which could damage the pipe . Stacking of the polyethylene pipe shall be limited to a height that will not cause excessive deformation of the bottom layers of pipes under anticipated temperature conditions. Where necessary due to ground conditions , the pipe shall be stored on wooden sleepers , spaced suitably and of such width as not to allow deformation of the pipe at the point of contact with the sleeper or between supports . G . Care shall be exercised when lowering pipe into the trench to prevent damage or twisting of the pipe . ' H . Pipe shall be laid to lines and grade shown on the Drawings with bedding and backfill as shown on the Drawings . I . When laying is not in progress , including lunchtime , the open ends of the pipe shall be closed by fabricated plugs , or by other approved means . J . Pipe shall be stored on clean level ground to prevent undue scratching or gouging . The handling of the pipe shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects . The maximum allowable depth of cuts , scratches or gouges on the exterior of the pipe is 10 percent of wall thickness . The interior pipe surface shall be free of cuts , gouges or scratches . K . Sections of pipe with cuts , scratches or gouges exceeding five percent of the pipe wall thickness shall be removed completely and the ends of the pipeline rejoined . L . The pipe shall be joined by the method of thermal butt fusion , as outlined in ASTM D2657 . All joints shall be made in strict compliance with the ' manufacturer's recommendations . 02627 - 5 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene.doc M . Mechanical connections of the polyethylene pipe to auxiliary equipment such as valves , pumps and tanks shall be through flanged connections which shall consist of the following : 1 . A polyethylene flange shall be thermally butt-fused to the stub end of the pipe . A carbon steel back-up ring shall be used on both sides of the connection prior to thermally butt-fusing the polyethylene flange . 2 . A 316 stainless steel back-up ring shall mate with a 316 stainless steel flange . 3 . Ductile iron back-up rings shall mate with cast iron flanges . N . Flange connections shall be provided with a full-face neoprene gasket. ' O . All PE pipe must be at the temperature of the surrounding soil at the time of backfilling and compaction . P . No single piece of pipe shall be laid unless it is straight. The centerline of the pipe shall not deviate from a straight line drawn between the centers of the openings at the ends of the pipe by more than 1 / 16-in per foot of length . If a piece of pipe fails to meet this requirement check for straightness , it shall be rejected and removed from the site . Laying instructions of the manufacturer shall be explicitly followed . Q . If a defective pipe is discovered after it has been installed , it shall be removed and replaced with a sound pipe in a satisfactory manner at no additional cost to the Owner. All pipe and fittings shall be thoroughly cleaned before installation , shall be kept clean until they are used in the work and when laid , shall conform to the Imes and grades required . R . As soon as the excavation is complete to normal grade of the bottom of the trench , bedding shall be placed , compacted and graded to provide firm , uniform and continuous support for the pipe . Bell holes shall be excavated so that only the barrel of the pipe bears upon the bedding . The pipe shall be laid accurately to the lines and grades indicated on the Drawings . Blocking under the pipe will not be permitted . Bedding shall be placed evenly on each side of the pipe to mid -diameter and hand tools shall be used to force the bedding under the haunches of the pipe and into the bell holes to give firm continuous support for the pipe . Bedding shall then be placed to 12-in above the top of the pipe . The initial 3-ft of backfill above the bedding shall be placed in 1 -ft layers and carefully compacted . Generally the compaction shall be done evenly on each side of the pipe and compaction equipment shall not be operated directly over the pipe until sufficient backfill has been placed to ensure that such compaction equipment will not have a damaging effect on the pipe . Equipment used in compacting the initial 3-ft backfill shall be approved by the pipe manufacturer's representative prior to use . 02627 - 6 F:\Utilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene .doc S . Good alignment g ent shall be preserved during installation . The deflection at joints shall not exceed that recommended by manufacturer. Fittings , in addition to those shown on the Drawings , shall be provided , if required , in crossing utilities which may be encountered upon opening the trench . T. Each length of the pipe shall have the assembly mark aligned with the pipe previously laid and held securely until enough backfill has been placed to hold the pipe in place . Joints shall not be " pulled " or " cramped . " U . Before any joint is made , the pipe shall be checked to assure that a close joint with the next adjoining pipe has been maintained and that the inverts are matched and conform to the required grade . The pipe shall not be driven down to grade by striking it. V. Precautions shall be taken to prevent flotation of the pipe in the trench . W . When moveable trench bracing such as trench boxes moveable sheeting , shoring or plates are used to support the sides of the trench , care shall be take in placing and moving the boxes or supporting bracing to prevent movement of the pipe , or disturbance of the pipe bedding and the backfill . Trench boxes , moveable sheeting , shoring or plates shall not be allowed to extend below the top of the pipe . As trench boxes , moveable sheeting , shoring or plates are moved , pipe bedding shall be placed to fill any voids created and the backfill shall be recompacted to provide uniform side support for the pipe . X . Concrete thrust blocks shall be installed at all fittings and other locations as directed by the Engineer. Minimum bearing area shall be as shown on the Drawings . Concrete shall be placed against undisturbed material and shall not cover joints , bolts or nuts , or Interfere with the removal of any joint. Wooden side forms shall be provided for thrust blocks . Y. Restrained joints shall be installed where shown on the Drawings or as directed by the Engineer. 1009 TESTING A. All PE water mains shall be field -tested . Supply all labor, equipment, material , gages , pumps , meters and incidentals required for testing . Pressure test each water main upon completion of the pipe laying and backfilling operations , including placement of any required temporary roadway surfacing . B . All water mains shall be tested at 150 percent of the operating design pressure of the pipe unless otherwise approved by the Engineer. The operating design pressure of the pipe is 100 psi . The test pressure shall be measured at the highest point along the test section by a recording type pressure gage and a copy of the readout shall be submitted to the Engineer upon completion of the test. All testing shall be conducted in the presence of the Engineer or his/her designated representative . ' 0262777 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene.doc C . Testing shall be conducted after backfilling has been completed and before placement of permanent surface . D . Testing Procedure shall be as follows : 1 . Fill line slowly with water. Maintain flow velocity less than two feet per second . 2 . Expel air completely from the line during filling and again before applying test pressure . Air shall be expelled by means of taps at points of highest elevation . 3 . Apply initial test pressure and allow to stand without makeup pressure for two to three hours , to allow for diametric expansion or pipe stretching to stabilize . 4 . After this equilibrium period , apply the specified test pressure and turn the pump off. The final test pressure shall be held for one to three hours . 5 . Upon completion of the test, the pressure shall be bled off from a location other than the point where pressure is monitored . The pressure drop shall be witnessed by the resident project representative at the point where the pressure is being monitored and shall show on the recorded pressure read-out submitted to the Engineer. E . Allowable amount of makeup water for expansion during the pressure test shall conform to Chart 6 , Allowance for Expansion Under Test Pressure , Technical Report TR 31 /9-79 , published by the Plastic Pipe Institute ( PPI ). If there are no visual leaks or significant pressure drops during the ' final test period , the installed pipe passes the test. F . In any test of pipe laid disclosed leakage significant pressure drip greater than the allowed , the Contractor shall , at his/her own expense , locate and repair the cause of leakage and retest the line . The amount of leakage which will be permitted shall be in accordance with AWWA C600 Standards . G . All visible leaks are to be repaired regardless of the amount of leakage . ' K The Contractor must submit his plan for testing to the Engineer for review at least ten ( 10 ) days before starting the test. ' 1 . 10 CLEANING A . At the conclusion of the work, thoroughly clean all of the new pipelines to remove all dirt, stones, pieces of wood or other material which may have entered during the construction period . Debris cleaned from the lines shall be removed from the job site . If, after this cleaning, any obstructions remain, they shall be removed. END OF SECTION 02627 - 8 RlUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02627 Water Mains High Density Ployethylene.doc SECTION 02660 TESTING AND INSPECTION OF WATER MAINS 1 . 01 PRESSURE AND LEAKAGE TESTS OF UNDERGROUND PRESSURE PIPING A. Hydrostatic pressure and leakage tests shall conform with Section 4 of the latest edition of AWWA C-600 specifications with the exception that the Contractor shall furnish all gauges , meters , pressure pumps and other equipment needed to test the line . Engineer or designated representative shall be present during all testing , televising and final inspections . B . The pressure required for the field hydrostatic pressure test shall be 1 . 5 times the normal working pressure at the point of testing , and not less than 1 . 25 times the working pressure at the highest point along the test section , but not less than 150 psi ( 100 psi for force main . ) The Contractor shall provide temporary plugs and blocking necessary to maintain the required test pressure . Corporation cocks at least 1 inch in diameter, pipe riser, and angle globe valves shall be provided at each pipe dead- end in order to bleed air from the line . Duration of pressure test shall be at least 2 hours . The cost of these items shall be included as a part of testing . C . The leakage test shall be conducted concurrently with the hydrostatic pressure test and shall be of not less than 2 hours duration . All leaks evident at the surface shall be repaired and leakage eliminated 1 regardless of total leakage as shown by test . Lines that fail to meet tests shall be repaired and retested as necessary until test requirements are complied with . Defective materials , pipes , valves and accessories shall be removed and replaced . The pipelines shall be tested in such sections as may be directed by the Engineer by shutting valves or installing temporary plugs as required . The line shall be filled with water and all air removed , and the test pressure shall be maintained in the pipe for the entire test period by means of a force pump to be furnished by the Contractor. The amount of water required is a measure of the leakage . D . The Contractor must submit his plan for testing to the Engineer for review at least five (5 ) working days before starting the test. The Contractor shall remove and adequately dispose of all blocking material and equipment after completion and acceptance of the field hydrostatic test, unless otherwise directed by the Engineer. Any damage to the pipe coating shall be repaired by the Contractor. Lines shall be totally free and clean prior to final acceptance . E . The Engineer or the Engineer's representative must be present during testing . F . No thrust blocks shall be backfilled until inspected by p IRCDUS inspectors . 02660 - 1 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County ' RO\BID DOCUMENTS\02660 Testing and Inspection of Water Mains . doc G . Before the pressure testing of new pipelines against existing Indian River County valves can commence , the lines shall be properly chlorinated , sampled , and bacteriologically approved . tEND OF SECTION i02660 - 2 FAUtilities\UTILITY - ENGINEERING\WTP - North RO\N RO Brine Line Discharge - UCP#2208\BID DOCUMENTS North County RO\BID DOCUMENTS\02660 Testing and Inspection of Water Mains .doc