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2003-348.C
1 1 CONTRACT DOCUMENTS AND 1 SPECIFICATIONS FOR KITCHING STATION TRAILHEAD 1 BID NO . 5099 PROJECT NO . 0219 1 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS 1 INDIAN RIVER COUNTY , FLORIDA KENNETH R . MACHT , CHAIRMAN CAROLINE D . GINN , VICE PRESIDENT 1 COMMISSIONER FRAN B . ADAMS COMMISSIONER THOMAS S . LOWTHER 1 COMMISSIONER ARTHUR R . NEUBERGER ' JAMES E . CHANDLER, COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT ' WILLIAM G . COLLINS , II , COUNTY ATTORNEY CHRISTOPHER J . KAFER , JR . , P . E . , COUNTY ENGINEER ROBERTS , SKOK , CIVIL ENGINEER 1 EDLUND DRITENBAS & BINKLEY ARCHITECT ASSOCIATES INC . 65 ROYAL PALM BOULEVARD , SUITE D VERO BEACH , FLORIDA 39260 ' 0219-00001 - Project Title Page.doc 00001 - 1 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00001 - Project Title Page.doc Rev. 05/01 ' ADDENDUM TO SUPPLEMENTARY CONDITIONS ' AND GENERAL CONDITIONS TO THE KITCHING STATION TRAILHEAD PROJECT THIS ADDENDA amends and supplements the Supplementary Conditions and General Conditions of Construction Contract # 1910-8 , and other provisions of the contract documents as indicated below. All provisions which are not so ' amended as supplemented , remain in full force and affect : o On page 27 of the General Conditions Section of the contract , ' Paragraph 6 . 2013 and C refers to Paragraph "6 . 20 .A" This reference shall be amended to read S . C-6 . 20A . ' o In the General Conditions , page 30 , Paragraph 9 . 09 . 13 , " Note : Will probably not want to delete this paragraph for a private project . " is a scriveners error and not part of the contract . ' o General Conditions , Page 32 , 10 . 05 . 13 . 2 . The reference to "Article 16 " should be changed to SCA 6 . ' o Page 34 , Paragraph 11 . 0 the reference to Paragraph " 12 . 01 . C . " shall be amended to reference Paragraph 12 . 01 . ' o On Page 40 , Paragraph 14 . 02 . C . 1 the following language is a scriveners error and not part of the contract , " ( Note to preparer; This ' change is not required for private projects . )" ' o General Conditions , Page 41 , 14 . 02 . D , is amended to read , " New paragraphs 14 . 02 . D . 1 . e ,f, g and h have been added . See the Supplementary Conditions " . ' o Page 41 of the General Conditions , paragraph 14 . 02 . D . 3 shall be amended to reference paragraph S . C . - 14 . 02 . C . 1 and not " 14 . 02C . 1 " ' o In the Supplementary Conditions , Paragraph SC-6 . 10 ALL language in [brackets] is a scrivener' s error and not part of this contract . ' o The Supplementary Conditions , Page 9 , SC- 13 . 0313 . 1 , reference to Paragraph 13 . 03 . 0 is eliminated . ' o Under Section 01010 , SUMMARY OF WORK , page 1 , the item under Paragraph 1 . 3 as follows , " [Note to Preparer: The above language is ' very job specific and has been provided as an example only] " is a scrivener' s error and not part of this contract . ' o Section 01025 , MEASUREMENT AND PAYMENT , page 1 , Paragraph 1 . 4 Bid Items , the language in [brackets] is a scrivener' s error and not ' part of the contract . o ITEMS OF PAYMENT , Item No . 102 . MAINTENANCE OF TRAFFIC , ' Page 3 , reference is made to , . . . Itemized Section 14 of these provisions in Paragraph 24 in General Conditions Section . " Neither Section 14 or Paragraph 24 could be found . ' o Typographical errors were found in the following 9 areas : ' ITEM 103 - AS - BUILT DRAWINGS , first paragraph . ITEM NO . 110 - CLEARING AND GRUBBING , paragraph C . ' ITEM NO . 160 - STABILIZATION — TYPE " B " first paragraph . ITEM 711 - SIGNING AND PAVEMENT MARKING , Paragraph A . ' o ITEM NO . 285 — CEMENTED COQUINA BASE , Sub Article 285-714 ( Page 182 ) could not be found . ' IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed ' or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on December 16 , 200 (the date the ' Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement ) . ' OWNER : CONTRACTOR : INDIAN RIVER COUNTY BARTH CONSTRUCTION , INC . By : By . IF / ' Caroline D . Ginn , Chairman ( Contractor) (CORPORAT SEA ATTEST : ' Witness : r s ' JEFF BARTON , C OF COURT By �r ' Deputy Clerk Witness ' APPROVAL ' AM I B Ir , 10 J , C' ' Ja es E . Chandler County Administrato APPROVED AS TO FORM LE L ' SUFFI CY : By ' illiam K . beBraal Assistant County Attorney TABLE OF CONTENTS DIVISION 0 BIDDING REQUIREMENTS , CONTRACT FORMS AND CONDITIONS OF CONTRACT Section Title Section Number Advertisement for Bids 00100 ' Instructions to Bidders 00200 Bid Package ' Bid Form 00310 Bid Bond 00430 Public Entity Crimes Affidavit 00450 Sworn Statement on Disclosure of Relationships 00452 ' Sworn Statement Under the Florida Trench Safety Act 00454 Qualifications Questionnaire 00456 List of Subcontractors 00458 ' Contract Forms Agreement 00520 Performance Bond 00610 Payment Bond 00612 Sample Certificate of Liability Insurance 00620 Contractor's Application for Payment 00622 General Conditions 00700 ' Supplementary Conditions 00800 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL PROVISIONS ' APPENDIX "A° PERMITS t00010 — Table of Contents F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00010 - Table of Contents (Capital Projects).doc 5/18/01 SECTION 00100 = Advertisement for Bids BOARD OF COUNTY COMMISSIONERS ' 1840 25TH Street, Vero Beach, Florida 32960 gIVER i A � Telephone : (772) 5674000 SUNCOM: 224=1000 FAX: (772) 778-9391 ' ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday, , 20 03 . 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 " KITCHING STATION TRAILHEAD" . 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 , August 20 , 2003 . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 0219 INDIAN RIVER COUNTY BID NO. 5099 PROJECT DESCRIPTION: REPLICA TRAIN STATION, PARKING LOT, WALKING PATH All material and equipment furnished and all work performed shall be in strict accordance with the plans , specifications , and contract documents pertaining thereto , which may be obtained from Indian River County Engineering Division . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made ' payable to Indian River County, in the amount of $35. 00 for each set, which represents cost of printing, handling, and mailing and which is non refundable. ' 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 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 . Please note that the questionnaire must be filled out completely including the financial statement. 0219-00100 - Advertisement for Bids 00100 - 1 R\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 IOtching-Contract Docs\0219-00100 - Advertisement for Blds.doc Rev. 05/01 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 . The County will not reimburse any Bidder for bid preparation costs . Bidder is hereby notified that funding of the Project comes , in whole or in part , from a grant ' provided by the United States Environmental Protection Agency through the Florida Department of Environmental Regulation . A copy of the grant is included in the Appendix to the Contract Documents , and the attention of the Bidder is directed to the requirements of the grant. i INDIAN RIVER COUNTY By: Fran Boynton Powell Purchasing Manager For Publication in the Vero Beach Press Journal ' Date (s ) : July 23 , 2003 July 30 , 2003 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 2526 19th Avenue Vero Beach , FL 32960 * * END OF SECTION 0219-00100 - Advertisement for Bids 00100 - 2 FAEngineering\Capital Projects\0219-110tching Station Trailhead\0219 Kitching-Contract Docs\0219-00100 - Advertisement for Bids.doc Rev. 05101 SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No . - Title Page ARTICLE1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . , . , . , , rARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . " " , ' led ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ' AND SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE5 - PRE- BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . 4 _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8 BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE9 - CONTRACT TIMES , 0 0 0 * 0 1 1 1 1 1 a a a 4 0 1 1 . . . 0 a a a . . . . 0 . . . mag0000 9 0 a a a 0 a a , a 0 a 0 0 * , 0 . . . . . . a a a a a 4 a a 0 a a 0 a a a 05 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE 11111119 ARTICLE 19 — AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ' ARTICLE 20 — CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 — SIGNING OF AGREEMENT . , . . , . . . . . . . . . . . . . . . . 0 a * a 0 a 0 a a a a 0 a 4 a 0 10 ' ARTICLE 22 — SALES AND USE TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE23 — RETAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 24 — CONTRACTS TO BE ASSIGNED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 25 — PARTNERING . . . . . . . . . . I I . 0 0 a a a a a a . a d q . . . . . . . . . 11 ' 0219-00200 - Instructions to Bidders 00200 - i FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) Subiect Article Awardof Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Basisof Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Bid Security8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Contract Security and Insurance . . 1 0 1 4 9 1 1 1 1 1 1 a I I 1 4 0 1 1 1 1 1 1 0 1 1 a I a a . . . . . . . . . . . . . 20 ContractTimes . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Contractsto be Assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 % . . . . . . . . . . . . . . . 2 Copies of Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . , . , . . . Interpretationsand Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 LiquidatedDamages . 1 0 1 1 1 1 a a 0 1 11 1 1 1 1 1 0 0 a I I I I I I I I I I I I I I I I I I I I I a 0 a 0 a a a a 0 8 a a a 8 0 0 1 1 1 1 0 0 9 1 1 1 4 d 4 1 0 0 a a 0 0 . a a a a a a a a , 0 . . . . . . . . . . . . . a a 0 8 0 0 a 010 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Pre- Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Preparationof Bid . 8 1 1 1 a a 0 A I I I 1 0 1 1 1 1 1 0 0 a a a a a 0 0 a 0 a a 9 * I I I I 1 0 0 0 1 1 1 1 1 1 1 6 0 0 0 0 a 0 a a a a a a a a I I a d a a 0 a 0 11113 Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Retainage . . . . . . . . . . . . . 1 . 111 , 11 , 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Salesand Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or "Or-Equal' Items . 0 1 0 1 1 1 a 0 0 0 a I I a 0 4 6 1 1 a a 0 a a a a a * a 0 a 4 0 a . . . go * . . . a 0 . . . 0 0 4 * 0 a , a a 0 a a a a a 0 0 4 a a * 0 0 1 1 1 1 1 1 1 1 11 ' 0219-00200 - Instructions to Bidders 00200 - ii FAEngineering\Capital Projects\0219-Kitching station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/16/01 SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS ' 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to ' Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. Be Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom ' OWNER (on the basis of OWNER's evaluation as hereinafter provided ) makes an award . ' ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 . 01 Complete sets of the Bidding Documents in the number and for the deposit sum , if ' any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use . ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 . 01 To demonstrate Bidder's qualifications to perform the Work , within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of ' this size and larger. Be Bidder must have successfully constructed , as prime CONTRACTOR , at least three projects similar in scope to this project. ' C . Bidder must have good recommendations from at least three clients similar to the OWNER. D . The Bidder's superintendent and assistants must be qualified and experienced in similar ' projects in all categories . E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . ' 3 . 02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. ' 0219-00200 - Instructions to Bidders 00200 - 1 FAEngineering\Capital Projects\0219-Kitching station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 = EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, AND SITE 4 . 01 Subsurface and Physical Conditions ' A. The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to ' the Site that Engineer has used in preparing the Bidding Documents . 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 . A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERs of such Underground Facilities , including OWNER, or others . 4 . 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 03 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions . Bidder is responsible for any interpretation ' or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or ' unanticipated conditions appear in paragraphs 4 . 02 , 4 . 03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site , if any, and possible changes in 0219-00200 - Instructions to Bidders 00200 - 2 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions . 4 . 05 Upon a request directed to the ENGINEER ( ROBERT S . SKOK, (772) 567-8000 , ext. 1280 ) , OWNER will provide Bidder access to the Site to conduct such examinations , ' investigations , explorations , tests , and studies as Bidder deems necessary for submission of a Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations , investigations , tests , and studies . 4 . 06 This paragraph has been deleted intentionally. ' 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : A. examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE ENGINEER (ROBERT S . SKOK, (772) , 567-80001 EXT. 1280) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR rWITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE WORK, C . become familiar with and satisfy Bidder as to all federal , state , and local Laws and Regulations that may affect cost, progress , or performance of the Work ; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and carefully study all reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning r conditions (overhead , surface , subsurface , and Underground Facilities) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by ' Bidder, including any specific means , methods , techniques , sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto ; F . agree at the time of submitting its Bid that no further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of its Bid for performance ' of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents ; 0219-00200 - Instructions to Bidders 00200 - 3 F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Sidders.doc Rev. 05/01 rI . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work . ' 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4 , that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means , methods , techniques , sequences , and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents , that Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work . ARTICLE 5 - PRE- BID CONFERENCE 5 . 01 The date , time , and location for a Pre-Bid conference , if any, are specified in the Advertisement for Bids . Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference . ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . rARTICLE 6 - SITE AND OTHER AREAS 6 . 01 The Site is identified in the Bidding Documents . All additional lands and access thereto required for temporary construction facilities , construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7 . 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents . Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be without legal effect. 7 . 02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 0219-00200 - Instructions to Bidders 00200 - 4 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 8 - BID SECURITY 8 . 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or a Bid Bond [on the form attached except as provided otherwise by Laws or Regulations] . All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the Successful Bidder shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . 8 . 03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 . 01 The number of calendar days within which , or the dates by which , the Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10 . 01 Provisions for liquidated damages , if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11 . 01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to 0219-00200 - Instructions to Bidders 00200 - 5 FAEngineering\Capital Projects\0219-Kitching Station Treilhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 r ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements . ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12. 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , ' individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such 1 Subcontractors , Suppliers , individuals , or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12. 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals , or entities . Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions, 12. 03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents . Additional copies may be obtained ' from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing In Ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit ' price item , and unit price item listed therein , or the words " No Bid , " " No Change , " or " Not Applicable" entered . 13 . 03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature ) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . 0219-00200 - Instructions to Bidders 00200 - 6 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs10219-00200 - Instructions to Bidders.doc Rev. 05/01 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 . 06 A Bid by an individual shall show the Bidder's name and official address . 13 . 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form . The official address of the joint venture must be shown below the signature . 13 . 08 All names shall be typed or printed in ink below the signatures . 13 . 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form . ' 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13 . 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS 14 . 01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions , C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of ' figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . ' 14 . 02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances , if any, named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . ' 14 . 03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or ' elsewhere , is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work , or other conditions pertaining thereto . ' 0219-00200 - Instructions to Bidders 00200 - 7 F.\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 15 - SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A. Statement of Public Entity Crimes . B . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . ' C. Sworn Statement under the Florida Trench Safety Act. D . General Information Required of Bidders . ' E . List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County, Purchasing Division , 2625 19"' Avenue , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non-responsive , read aloud publicly. An abstract of the amounts of the base Bids and major alternates , if any, will be made available to Bidders after the opening of Bids . 0219-00200 - Instructions to Bidders 00200 - 8 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19 . 01 OWNER reserves the right to reject any or all Bids , including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids . OWNER further reserves the right to reject the Bid of any Bidder whom it finds , after reasonable inquiry and evaluation , to be non-responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price , time , or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . The OWNER reserves the right to select, from among the various Bid alternatives , those alternatives to be included in the final Contract as well as the right and option to award or re-bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER . 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19 . 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the ' prescribed requirements , and such alternates , unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER's intent to accept alternates (if any are accepted ) in the order in which they are listed on the Bid form , but OWNER may accept them in any order or combination . 19 . 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors , Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , Suppliers , and other individuals or entities must be submitted as provided in the Supplementary Conditions , 19. 05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications , and financial ability of Bidders , proposed Subcontractors , Suppliers , individuals , or entities to perform the Work in accordance with the Contract Documents . 19 . 06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. 0219-00200 - Instructions to Bidders 00200 - 9 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00200 - Instructions to Sidders.doc Rev. 05/01 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE _ 20 . 01 Article 5 of the General Conditions , as may be modified by the Supplementary Conditions , sets forth OWNER's requirements as to performance and payment Bonds and insurance . When the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds , unless the Bonds have been waived due to the total contract being less than $50 , 000 . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the ' current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The ' sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney- in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308 . ARTICLE 21 - SIGNING OF AGREEMENT ' 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto . Within fifteen ( 15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21 . 02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount , from the Contract time . Or, the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . ARTICLE 22 - SALES AND USE TAXES 22 . 01 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work . Exemption No . 41 -05-012529-53C . Said taxes shall not be included in the Bid . Refer to paragraph 6 . 10 of the Supplementary Conditions for additional information . 0219-00200 - Instructions to Bidders 00200 - 10 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract DOCS\0219.00200 - Instructions to Bidders.doc Rev. 05/01 ' ARTICLE 23 — RETAINAGE _ 23 . 01 This Section intentionally left blank. ARTICLE 24 - CONTRACTS TO BE ASSIGNED j 24 . 01 OWNER has executed contracts with [ 1 for [ 1 and with [ 1 for [ 1 The materials and equipment provided for in these contracts are to be furnished and delivered to the Site for installation by CONTRACTOR . The contracts will be assigned by OWNER to CONTRACTOR. Identification of the materials and equipment and the procedures to be followed appear in paragraph 6 . 21 of the Supplementary Conditions , 24 . 02 Bidders may examine the documents for these contracts at the Issuing Office . ' ARTICLE 25 - PARTNERING 25 . 01 OWNER intends to participate in a partnering process with CONTRACTOR. The objectives of the process will be to achieve effective and efficient performance of the Work and completion of the Work within the Contract Price and Contract Times , all in accordance .with the Contract Documents . 25 . 02 Participation in the partnering process will be voluntary. To initiate the process , within U days after the Notice to Proceed the key personnel of OWNER , ENGINEER, CONTRACTOR , and CONTRACTOR's major Subcontractors will be invited to attend a one-day seminar followed by a one-day team building workshop to develop a partnering statement. The seminar and the workshop will be conducted by a neutral facilitator at a time and location agreed to by OWNER and CONTRACTOR in the general vicinity of the Site . 25 . 03 The facilitator will be selected by OWNER , subject to approval by CONTRACTOR. ' Costs of the facilitator and facilities for the initial seminar and workshop will be paid by OWNER. Thereafter, all facilitator-related and facilities costs will be shared equally by OWNER and CONTRACTOR with no change in the Contract Price . Each party will pay all costs associated with the participation of its own personnel . 25 . 04 It is intended that the initial seminar and workshop sessions be followed by periodic half- day evaluation sessions approximately every 90 days as agreed to by OWNER and CONTRACTOR. 25 . 05 A primary objective of the partnering process is to maximize the potential for resolution of disputes in a timely and non-adversarial manner. The use of alternative dispute resolution (ADR) methods will be encouraged in order to promote and maintain amicable working relationships among the parties . In the event that ADR procedures are unsuccessful , the dispute resolution provisions set forth in the Contract Documents will be employed . ' 0219-00200 - Instructions to Bidders 00200 - 11 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 lGtching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 25 . 06 These provisions express the intent and spirit of the partnering process , and nothing ' stated herein or in the partnering statement shall change in any way the rights , responsibilities , and obligations of the parties as set forth in the Contract Documents . The partnering statement will not be a part of the Contract Documents and will not modify any defense , claim , obligation , or right that otherwise exists . * * END OF SECTION 1 0219-00200 - Instructions to Bidders 00200 - 12 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Ktching-Contract Docs\0219-00200 - Instructions to Bidders.doc Rev. 05/01 n w ' E 000 z w .mac w C L U cn C 0Q r^ ec _ / Q L a)co N W M co 0 4 � 4 cn w O • ' vs Q E a) c w O t00N LL W G E + o LU ` 0 o ,/ Y oto ~ ` Z � N Q � tn 'p Z W ( ) v) -v W Q V c� W 4) f- m 3 Z i NT Q S > O c0 w v O ZV ~ 000 c� nam Y d cn V BIZ p OZ a IRM:3 � N os C CO � �' Ste• 0 0 2 Lu a) �, � a) o z O a � � O = � / z y �-. �' o � co iea�i NO QVC 20W F- � ` � O w Er 0W :5 �+ Q OVy O rn � � wo c � y a � O •Q3Uj � Z W � 4 a ` � p � o V Emco Q CN O OU 0 �L a 8 � � V Z � Z2 w �' o Co a) z O yon Q W _ ZpW D � L c � w d ` Z t�' Q O O 4 Gj ~ v 0 ? m U E meri) + CD O L) o � W F� W O C 1C O' a N � 0 cm01 CL `- O 'a U cc 5 O W EwaO. C c m � c E � v, O • — p a) CO p a> LLJ F- .NUIS EU = LL IL rr r� r� �■r rr rr r r rr �r rr rr rr r r rr rr �r r SECTION 00310 - Bid Form PROJECT IDENTIFICATION : ' Project Name : KITCHING STATION TRAILHEAD County Project Number. 0219 Project Address : 9450 95 1H STREET (CR 512) ' NORTH COUNTY PARK SEBASTIAN, FLORIDA 32958 Project Description : REPLICA TRAIN STATION , PARKING LOT, 1 3 WALKING TRAIL THIS BID IS SUBMITTED TO. INDIAN RIVER COUNTY 2625 19TH AVENUE VERO BEACH , FLORIDA 32960 1 .01 The undersigned Bidder proposes and agrees , if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as speed. . or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and - in accordance with the other terms and conditions of the Bidding Documents . I 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , 'including without limitation those dealingwith. the e disposition of Bid security. The Bid wiil remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: . A Bidder has examined and carefullystudied the Bidding Documents, the other related data identified In the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum "Number At>P" wwL tL- I XV y �� 20 3 3 -# f i Be Bidder has visited the Site and . become familiar with and is satisfied 'as . to the general, local and Site conditions that may affect cost, progress , and performance of the Work. C. Bidder is familiar with . and . is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. f i ' D. Bidder has carefully studied all: ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified In the Supplementary Conditions . as provided in paragraph 4. 02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4. 06 of the General Conditions . 00310 - 1 0219.00310 - Bid Form FAEn91naarirt9Cap1ta1 Pro"1021944 Mn9 Station Traftad1021910 MngwCmb of Doca10219-00310 - Bid Fwmdoc Ray. 05/7&01 E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations , explorations , tests, studies and ' data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences, and procedures of construction to be employed by Bidder, including applying the specific means , methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations , g xp tests , studies , or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents . r ; G. Bidder Is aware of the general nature of work to be performed by OWNER and others at ' the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the Information known to Bidder, Information and observations obtained from visits to the Site, reports and drawings Identified in the Bidding Documents, and all additional examinations, investigations, explorations , . tests, studies, and data with the ' Bidding Documents . i I . Bidder hasiv g en ENGINEER written notice of all conflicts, errors, ambiguities, or ( discrepancies that Bidder has discovered in the , Bidding Documents, and. the written resolution thereof by ENGINEER Is . acceptabie to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed Individual or entity and is not submitted in conformity with any agreement or rules of any . group, association , organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid, Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought b collusion to obtain for itself an advantage . i 9 Y y ge over any other Bidder or over r OWNER. is [The remainder of page intentionally left blank] . i t tj 1 0219.00310 - Bid Form 00310 - 2 F:IEnpnaednplCagtai ProJects10219dOlcNnpSia0on 7railhead10219 IOtehinp4ontract DaaVD219,00310 - &d Fam.doe Rev. 05/18/01 _ -- - - - - •t - -_.2' C = -� -..� - _ _ __ ..r- _ x, __ ---�'-^�h''T`r: t . Vic- = ��.f'+'r � .���r• F - -'�- Ti�� - ➢ -+ ✓ _ �T. =''T :+ ' -P=- — _:- � ���� �. T .�S_� �_ ... h. .: � j 'i ` . T - L � f •- 1 �y�� •t- � J_ _ _ , t 4 " 3 L,L _ nlz� J • ( � .2 "f:-�_ _ ' ire `=r='�`, 3 �3; - _ ..-.1 ...-._•:- , ' - - - =`2 f`t� ._�y k '.1 ,- _.... . t' �.` rP Ji_. t� ` 4 Y.� ., ._Y _ ' . . i �� 1 �. x �..-� �., ' y.. s 1I• - - V :�( cam. low it � '. -' -i:q `moi -r—`•-�� ` i ! `� vu'*- ii I - � i ` -, `�-"J 'I= _ • i_..r' ' - d.,.��. - _ _ '. . .4. � a 1 - 'LTM •'t`-3 '*t .c �Y'r : t {_, _� . . �.. �L� J. . _ —moi `y y�y.- .•'t`: :i. r. t�;4�,: •.�.`` . � - '�. .�.�. �� ! _-f. - ( i �'t (2` 1 ;�= t � i.41 - ~� �� t}. . {Y r• "�- ct.: ..s:� �r :_ _ :2!-a � - .:_-r _- • - �-}.i : ._._ . ' _' -- '� i. � - ".I L=.. - i _ _ i � - �� - - F^'t r. z:•7. } iss _ _ _ r -�+ 4 .� . ,.., S '= y _ x _ _ �i-"2'E -N ..�-Cs�-. � 4S€K •rj 1 Lei *a] I I MA Lei Unit Price of ddlaraw and cents— lllivjril [ 1131 :� * 011 ;�g Unit Price 1 dollars 1 . cents VI&B :ill IN Unit Price / • dollars an1 103 & 104 EROSION 1 WATER POLLUTION UnitPrice 1 y� CONTROL 1 ollers and cents CLEARING110 1 GRUBBING Unit Price Of 411 M45DO doliMe and cents - • a 1 a - FM OR xr �- wIN - — _. JW 1 COQUINACEMENT - Price / dollars1 1 � - / . - / ( r 11 1 r r r r - Ir r - illllr r r r r r illlir rr �r r � 1! r .. -- ITEMIZED BID SCHEDULE Project Name._ (CtT A ILI! , 5T4-ti0A TrcL1 Bidder Name; P Arz-W C.oysqMOO 550 4-4� 0*4 Unit Price of3` � ' � sO ! $ dollars and cents ���' 5s0 LANDSCAPING (TREE RELOCATION 1 LS Unit Price of 11 $ AND SHRUBS) dollars and cents 115 575 SODS J�v2 SY Unit Price of ' 1 . 50 $ J, dollars and cents 639 ELECTRICAL POWER SERVICE 1 LS Unit Price of � 2�� � 00 � dollars and centsv 700 dollars and cents REPLICA TRAIN STATION BUILDING 1 L8 Unit Price of . # . $ . . • ab dollaris j� a S s and cents ' TOTAL AMOUNT OF BID (IN FIGURES). $ Jv/ TOTAL AMOUNT OF BID (IN WORDS) : t° &V :!: 7 ;fe e -/ 'e 00310 - 4 0219-00310 - Bid Form.doo . ' F:Wndnw6mfJCapllel Prt*wh i9-WldAnq 31aUwTraMsadW219 Nkldne4rombad 0=02WMD - Bld Fc m.dm Rev. 0511lml ITEMIZED BID SCHEDULE Project Name : ICiTeelw !� .S-rwio (4 'rail JEAc) Bidder Name; 1: 4" 6mspor.7too , ! r.Lc-- 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the - pnce(s) contained in the Bid Schedule : = A. The Discrepancies between the multiplication of units of Work and unit prices will be ' resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . Be The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans. Furthermore , the Owner ' reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C. Bidder acknowledges that estimated quantities are not . guaranteed , and ara solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided. - The quantities actually required to complete the contract and work may be less or more than so estimated , and , if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D. Unit Prices have been computed in accordance with paragraph 1 . 1 .03. 13 of the General Conditions. � s . 6.01 . Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07. 13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the Agreement. 7.01 The following documents areattached to and made a condition of this Bid: . A ►p p } Be A tabulation of Subcontractors, Suppliers [and other] individuals and entities . _ required to be identified in this Bid ; i 1 Co Statement of Public EntityCrimes; D. Sworn Statement under Section 105.08 , Indian River County Code, on Disclosure of Relationships; r E. Sworn Statement Under the Florida Trench Safety Act . ' F. General Information Required of Bidders ; G . List of Subcontractors , and H . (List other documents as pertinent). f 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in 0219-00310 - Bid Form 00310 = 5 FT- mg1nWnptcapltN Pm0ct9=19.10tcNng Statlon rra1►wdw219 IOtdtlrq-Centrad D=10219-=10 - Old Formdoc Rev, =I ITEMIZED BID SCHEDULE Project Name : Ie,1Tca E:k 57A--tio14 Tragi l +tom Bidder Name; $ 19T4 CoNuLmO)d ISG.• the Instructions to Bidders , the General Conditions , and the Supplementary Conditions. SUBMITTED on State Contractor License No, L L Do L4 I If Bidder is : I dividual N e (typed or printed): r � Bv. ' I ' (Individu ' signature) (S ) Doing business Business address : Phone No. . F o. : 3 A Partnership Partnership Name : (SEAL) a , By. (Signature of gen partner - attach evidence authority to sign) Name (typed tinted): Busin address: one No. : FAX No Corporation Name: P A IZT9 . CID1s"r20 c710A t rae. (SEAL) State of Incorporation: FLC)RID4 Type (G ral ine , Professional, Service, Limited Liability): JUBy: (Signa re - ftach 6vidence of autho n * to sign) Name (typed or printed): il SAIZTf-1 Title : �RE.sio7 (CORPOP,ATE SEAL) Attest r (Signature of Corporate Secretary) Business address: J77 t '1 /NoiAr.J RlV �VD Zo2�4 -- CC B6#4LN , 1=L 2q 19 I r Phone No. : —► "12 - `1 '1 S� - 3 o -7 2 FAX No. : '7 '7 2 - -710 - 301 �- 00310 - 8 0219-00310 : Bid Form F:1EnginaerinoCop1tol PmJKft%0219-filching S1aBon Tm9hwd=1910td*V-Contract Doa10219QW10 - Bid Famdx Rev. 05101 ITEMIZED BID SCHEDULE Project Name: KITe.13F.rl ST4T101%t MAILNE4P Bidder Name; _ IZ17,t. cvAs Rucnvt�i , Inc % Date of Qualification to do business is r Joint Venture oint Venture Name: (g By: (Si ature of joint venture partner - attach evidence of authority to sign) Name (type r printed): Title. k Business address : Phone No. : FAX No. : Joint Venture Name: (SEAL) r B)r f (Signature — attach evidence of auth to sign) l ' Name (typed or printed) Title: Business address: Phone No. : FAX No. : Phone and FAX Nu r, and Address for receipt of official corn unications: (Ea joint venturor must sign. The manner of signing for each indivXe nd .1 ration that is a .party to the joint venture should be in .the mannerh t END OF SECTION 0219.00310 - Bid Form 00310 - 7 F WA0needn0C@pltai PMJeft=194tWng Sta9on Treilhmd10219 KftNng-CgnWW Doca10219-00310 - Bid Famdoc Rw. OW ' SECTION 00430 = Bid Bond KNOW ALL MEN BY THESE PRESENTS , that we (BIDDER'S NAME) Barth Construction, Inc. as Principal , and Western Surety Company ' (SURETY'S NAME ) a corporation duly organized under the Laws of the State of Florida as a Surety with its principal offices in the City of Sioux Falls, South Dakota and authorized to do business in the State of Florida , are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of #4r Zy TY- S9il> W At*40 F.a•� Dollars ($ '"14 '100 �� ) , lawful money of the United States , ' amounting to 5 % of the total bid price , for the payment of which sum well and truly be made , 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 August 20th , 2003 for the construction of: ' Project Name : KITCHING STATION TRAILHEAD County Project Number: 0219 Project Address : 945095 T11 STREET ( NORTH COUNTY PARK) SEBASTIAN , FLORIDA 32958 Project Description : REPLICA TRAIN STATION , PARKING LOT, WALKING TRAIL rNOW THERFORE, the condition of the above obligation is such that if the Principal does not withdraw said Bid within the period of time set foi-th in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principal 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 materialmen, then this obligation shall be null and void . Otherwise, the Principal and Surety, jointly and severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER 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 amount is greater than the former, together with any expense and reasonable attorney fees, including appellate proceedings, incurred by the OWNER if suit is brought hereon, but in no event shall Surety' s liability exceed the penal sum hereof plus such expenses and attorney ' s fees . ' IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 20th day of August , 20 03 , 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. 0219-00430 - Bid Bond 00430 - 1 FAEngineering\Capital Projects\0219-Kitching Station Tratlhead\0219 Kitching-Contract Docs\0219-00430 - Bid Bond.doc Rev. 05/01 N THE PRINCIPAL IS AN INDIVIDUAL : Signed, Seale delivered in the presence of: Witness i ture of Individual Address Printed Name ' dual Witness Address * ** ** * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : ' S1 d, sealed and delivered in the presence of Witness Name of Partnership BY: Address P Pn ame of Partner Witness (SEAL) Address N THE PRINCIPAL IS A PARTNERSHIP : Signed, sealed and delivered in the presence 'of: Wi1n Name of Partnership BY: Address Partner rnted Name of Partner ■ Witness (S Address 219-00430 - Bid Bond 00430 - 2 FAEnginee ' apital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00430 - Bid Bond.doc Rev. 05/01 WHEN THE PRINCIPAL IS A CORPORATION: Att Barth Construction, Inc. 1717 Indian River blvd - #202A ' ecretary Name of Corporation Vero Beach, FL 32960 PP BY: /���,�. /� ' (Affix Corporate SEAL) Printed Name Official Title8 iQc�'7 CERTIFICATE AS TO CORPORATE PRINCIPAL I �li certify that I am the Secretary of the corporation named as Principal in the within b d; that , who signed the said bond on behalf of the Principal was then cKagEWX C of said corporation; that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) TO BE EXECU'T'ED BY CORPORATE SURETY: Attest: ' Wes rn Sure 0111ty o e ary Corporate Surety P . . Box 5077, ' S ' ux Falls D o 7117-507 B siness s B ra AL Florida Licensed Resident Agent (Attach Power of Att mey) April L. Lively, Attorney-In-Fact INQURIES : (407) 834-0022 ' Guignard Company Name of Local Agency 1904 Boothe Circle, Longwood, FL 32750 Business Address 0219-00430 - Bid Bond ' 00430 - 3 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00430 - Bid Bond.doc Rev. 05/01 rSTATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared April L. Lively , to me well known, who being by me first duly sworn oath, says that ' he is the attorney-in-fact for the Western Surety Company and that he has been authorized by Western Surety Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 20th day of August , �, *aoL rtNa HaasE Tina Haase, Notary Public, State of Florida Notary Public, State of Florida My comm. exp. Dec. 2, 2006 My Commission Expires : 12/02/2006 Comm. No. DD 168911 Any claims under this bond shall be addressed to : Name and address of Surety: Western Surety Company P . O . Box 5077, Sioux Falls South Dakota 57117-5077 Name and address of agent or representative in Florida if different from above : Guilmard Company ' 1904 Boothe Circle Longwood, FL 32750 Telephone number of Surety and agent or representative in Florida: 407 ) 834 - 0022 ++END OF SECTION++ 0219-00430 - Bid Bond ' 00430 - 4 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00430 - Bid Bond.doc Rev. 05/01 Bond No . WSC130 t NOTICE 1 In accordance with the Terrorism Risk Insurance Act of 2002 , we are providing this ' disclosure of notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety ' or insurer : Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance ' Company of Hartford, American Casualty Company of Reading, PA, The Firemen ' s Insurance Company of Newark, NJ, and The Continental Insurance Company. ' DISCLOSURE OF PREMIUM ' The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($ 0 . 00) . t DISCI-,OSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety/insurer deductible . ' Form F7310 0219-00430 - Bid Bond 00430 - 5 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00430 - Bid Bond.doc Rev. 05101 S 1 Western Surety ' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By. These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation ' having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint ' J W Guignard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello, Jennifer L.McCarta, Katie N Flowers , Margie L. Morris , Brett A Ragland, Individually 1 1 of4Longwood, FL, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature 1 - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. 1 This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. 1 In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of March, 2003 . 1 � E�ce WESTERN SURETY COMPANY `x•044; 2ZPau—1 /13&ruflat, Senior Vice President State of South Dakota 1 ss County of Minnehaha On this 19th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he 1 resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERNSURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so allured pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and ' acknowledges same to be the act and deed of said corporation. . My commission expires1 ++��•....+.•.•.•.+++•���•� +ar D. KRELL Ir November 30, 2006 f e NOTARY PUBLIC ttt'At i + SOUTH DAKOTA r +titititi ti.rtistihtitistibtitititititirti + ' D: Krell, No Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in ' force, and further certify that the By-Law of the corporation printed .on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2^QTH day of AUGUST 2003 � fiIF WESTERN SURETY COMPANY Form F4280-01 ,02 L. Nelson, Assistant Secretary SECTION 00450 - Public Entity Crimes Affidavit SWORN STATEMENT UNDER SECTION ' 287 . 133, FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . I . This sworn statement is submitted with Project No . 0129 for KITCHING STATION TRAILHEAD . j 2 . This swom statement is submitted by__�t41?�r,� Cflt�s-tuvt,-rtoti i � ,.lt. whose business address is 11 I'-1 flaDtAr1 RtY�2 BWD . - zoz� � �� 32q �o0 and (if applicable) its federal Identification Wil54 M 3 I Lt 14 . If entity has no FEIN , include the Social Security Number of the individual signing this swom statement: 3 . My name is �F4tt_ £4RTi-I- and my relationship to the entity named above is PP-m1r.>FriT • 4 . 1 understand that a "public entity crime" as defined in Paragraph 287. 133 (1)(g), Florida r Statutes , means 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 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 an agency or political subdivision of any other state or of the United States and involving antitrust, fraud , theft, ' bribery, collusion , racketeering , conspiracy. or material misrepresentations. 5 . I understand that "convicted" or "conviction" as defined in Paragraph 287. 133(I)(b), Florida Statutes , means 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 I , 1989 , as a result of a jury verdict, non jury. trial, or entry of ' ¢ r a plea of guilty or nolo contendere. 6 . 1 understand that an "affiliate" as defined in Paragraph 287. 133(I)(a), Florida Statutes, means: ' a . A predecessor or successor of a person convicted of a public entity crime; or b . 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. The term "affillate", includes those officers , directors ; executives , partners , shareholders, employees, members and agents who are active in the management of an affiliate. The Ownership by one person of shares constituting a controlling interest in another person , or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person . A ' person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be ' considered an affillate . ' 7. 1 understand that a "person" as defined In Paragraph 287. 133(I)(e), Florida Statutes , means any natural person or entity organized under the laws of any state of the United States with the legal power . to enter Into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors , t. executives , partners , shareholders , employees , members and agents who are active in management of an entity. 00450 - 1 0219.00450 - Public Entity Crimes Affidavit FAEgyneerinprCaplW ProJect'VD21940tchinp Station Trallheac= g IOIMnp-Contract D=w219-oD 0 - PuWlc EMlty Comes Mdevkdx Rev. ow 8 . 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) _ L Neither the entity submitting this swom statement, nor an officers directors executives -- � tY 9 Y � , partners , shareholders , employees , members or agents who are active in management of the ' entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I , 1989. ' The entity submitting this swom statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members or agents who are active in 4. management of the entity, or an affiliate of the entity has been charged with, and convicted of, a public entity crime subsequent to July I , 1989 , and (Please indicate which additional statement applies) z There has been a proceeding concerning the . conviction before a hearing officer of the State of Florida, Division of Administrative Hearings . The final order entered by the hearing officer did ' not place the person or affiliate on . the convicted vendor list. (Please attach a copy of -� the final order) The person or affiliate was placed on the convicted vendor list. There has been . a t . subsequent proceeding before a hearing officer of the State of Florida , Division of Administrative Hearings . The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list: (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor . list. (Please ' describe any action taken by, or pending with , the Department of General Services) r r G f nt STATE OF z COUNTY OF a ' li Personally appeared beforeme, the undersigned authority, �0 t L— A 2n+ who after .first being swom by me , affixed his/her signature in the space- provided above on this { Iq '' n day of A %je u S r , 20Q;j* tBRANWISOLLINQB:R, ' x ry Public, Sta a at ( Notary public, State of Florida My Commission F�cpire ' My cornet . expires Aug: 12, 2005 Comm . No . DD048767 aDndtW Thru 8ervlo� Insurance Co pony Inc. � i * * END OF SECTION 0219-00450 - Public Entity Crimes Affidavit 00450 - 2 F.9En91neednMCapital Pm)ectsX021Mtrhing Stalan Trailhead1021910tchM Centrad b=%021M0450 - Public EnUty Comes Alfldavlt.doc Rev. 05101 SECTION 00452 - Sworn Statement under Sect. 105.08 Indian River County Code on Disclosure of Relationships THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. r. This swom statement is submitted with Bid , Proposal or Contract No . 2.129 for KiTCHING STATION TRAILHEAD . 1 . This swom statement is submitted by: 12T�I C© hlS'tjZUL`l'tOt� , � r�1L • (Name of entity submitting swom s tement) whose business address is : i�J1 IM ) i Amt �l J � 4�1� — x� ry7A 9D and (if applicable) its Federal Employer Identification Number (his . 1 t ' t ( If the entity has no FEIN , include the Social Security Number of the individual, signing this swom statement ). 2. My name is RItt. b4(2, 'rt-1- -i (Please print name of individual signing) 3 and my relationship to the entity named above is 49295ipgt4 " 3 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, Y_ 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: G Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law; mother-in- law, daughter-in-law, son4n4aw, brother-in-law, sister4n4aw, stepfather, stepmother, stepson; stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which 1 have marked :below is true in relation to the entity submitting this swom statement. [Piease indicate which statement applies.] Neither the entity submitting this swom 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 swom 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 . 021940452 - Disclosure of Relationships 00452 - 1 F:1t:n01neehnplWtal Pm"%0219.10tching SteOan Trallhead1021910tch1np*Conhad Does10219MM - Disdosure of ReInUamhlps.doa Rev. 0501 r ' Name of Affiliate Name of County Relationship or EntiCommissioner or em to ee 2. 3 . 4. 5. 6 . 8. (si ature) ' t 4 (date) r � ' STATE OF COUNTY OF 1 to otfrk) T % uPrr Personally appeared before me, the undersigned authority,'6�R 11_ & r&rH- who after first being sworn by me , affixed his/her signature in the space provided above on this 19 +1 day of f- ya (ger , 20jL:L. � f BRANDI BOLLINGER ' 'i Notary Public, State of Florida ry Public,. .S @ My comm. expires Aug. 12, 2005 My Commission Expi Comm . No. DD048787 Bonded Thru Service Insurance Company1741 )no. * * END OF SECTION 0219-00452 - Disclosure of Relationships 00452 - 2 F:1Eng1nwdng1Cep1hd ProjectsX021ti`19tchlnp Statim Trallheamis' latching-contract Domiovsw452 - cwoeurs or Relatlonships.doc Rev. 0501 SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ('BIDDER"), OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO I ADMINISTER OATHS. 1 . This Sworn Statement Is submitted with Project No. 0129 for ` KITCHING STATION TRAILHEAD. (Name of Project) 2 . This Sworn Statement Is submitted. by RA12T4 )A5Tevc,-f1yA , IroXv (Legal Name of Entity Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER's address is _ I1IDIA4 RlVtAL SLLq> 2CZA y i3r4c 4 , r. . 321} (0O BIDDER's Federal Employer Identification Numbeso lbWs Sq - 19 3 Ru I N 3. My name is RRL f�74Pzro and my relationship to the BIDDER (Print Name of individual Signing) Is . R- rsic r4T ' . , (Position or Title) I certify, through my signature at the end of this Swom Statement, that I am an f4 authorized representative of the BIDDER. . ' 1 40 The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553.60 et.seq . Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation (s) and include the "effective date" in the citation(s). Reference to and compliance with the applicable M Florida Statute (s) and OSHA Regulation(s) is the complete . and sole responsibility of the BIDDER. Such . reference will not be checked by OWNER or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 5. The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards . 6. The BIDDER has allocated and included in its bid the total amount of $ (� ' based on the linear feet of trench to be excavated over five 5 feet_dee .for compliance ( ) P• P with the applicable Trench Safety Standards, and intends to comply wittr-sald. standards by instituting the following specific method(s) of compliance on this Project: The determination of the appropriate method(s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not . be checked by the OWNER or ENGINEER for accuracy, completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance ' with the Trench Safety Standards. 7) The BIDDER has allocated and Included in its bid the total amount of $ based on the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s) of compliance on this Project. 00454 - 1 004 0219- 54 - Florida Trench Safety Act FAEnglneWnMCepltal Pn *ft1021941Ch1np Stabon Trailhead10219 IOtchingeContraot DOCS10219-00454 - Flodde Trench Safety Act doc Rev. 05/01 I r ! i The determination of the appropriate method (s) of compliance is the complete and sole res onsibili of the BIDDER. Such methods will not be checked b t p ty y he OWNER or ENGINEER for accuracy, completeness or any other purpose. The OWNER and • ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards. 8) The BIDDER, in submitting this bid , represents that it has obtained and considered all ' ! available geotechnical information , has utilized said geotechnical information and that, based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project. BIDDER: �TI� CONS'fc, ►� nuc . Bye SArLTo- Position or Title : P":SS IT>1&4 T Date: g STATE OF *`FIMM� COUNTY OF Personally appeared before me , the undersigned authority, �f rr L eriZ cH who after first bein swom by me , affixed his/her signature in the space. provided above on this 101 + 11 day of ftp el 'o Soc . 20=j�2 . BRANDI BOLLINQER Notary Public, State of Florida My comm. expires Aug. 12l 200,5 ry Public, tea Comm . No. DDo4f1387 M Commission I ID 9511 Inc.My � BonBe �•. Thru Service insurance Company, nc * * END ' OF SECTION s. 0219-00454 - Florida Trench Safety Act F'I&Or*ed 00454 - 2 r!plCaptal ProiecteW219•Kltchinp Statlan Trallh�d10219 IOtchlnp�ConUael DopW219-0W 54 - Florida Trench Sarery Ad.doe Rev. 05101 4 7 + • SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON- • RESPONSIBLE BIDDERS . 1 UNDER PENALTY OF PERJURY, 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. Attach additional sheets as required . Documentation Submitted with Project No : 0219 1 Project Name : KITCHING STATION TRAILHEAD L ��. 1 . Bidder's Name / Address : �AeTt!- CGktS?� 7to�J� � 17n ZA 0 44 Rlym bwc> V"o $EJaC14 FL .3ZI &O ZoZ 2e, Bidder's Telephone & FAX Numbers : 11 Z - 'Me 30"72. 7e7Z- 7�) 0 • 30i7 3 . Licensing and Corporate Status : J a. Is Contractor License current? b. Bidder's Contractor License No: 46 CCo [Attach a copy of Contractor's License to the bid] - c. Attach documentation from the State . of Florida Division of Corporations that indicates the business enfity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: Z l UrAg. 5 . What is the last project OF THIS NATURE that the firm has completed? Yes 6. Has the firm ever failed to complete work awarded to you? �_ [If your answer is _"yes , then attach a separate page to this questionnaire -that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? [if your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances' and list the project name , Owner, and the Owner's telephone number for each project In which liquidated damages have been assessed .] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? .0 k [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project In which OSHA violations were alleged .] 0219-00456 - Quaiiflcations Questionnaire 00456 - t FAEnp RWn9lCap1tM Frq)sdsW2194Qtrh1np Ste0an TroilheaM21910tcNn¢Contrad DopW219.W458 - pwlMptlan QunUonneirsAx Rev. 05101 9. Ha$ the firm ever been charged with noncompliance of any public policy or rules? [If your answer is ayes , then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number r- for each project.] 100 11 . . Has the firm ever defaulted on any of Its projects? t D [if your answer is "yes, then attach a separate page to this questionnaire that explains r the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which a default occurred ,] F re 12. Attach a separate . page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. T 13. Dame of person who inspected the site of the proposed work for the firm : s _ Name : � �5 Date of Inspections : 8 t6m 14. Name of on-site Project Foreman : Number of years of experience with similar projects as a Project Foreman : _ 15 . Name of Project Manager. S Number of years of experience with similar projects. as a Project Manager. Co 15. What is the firm's bonding capacity? ZDI ©OO Dock [The remainder of this . page was left blank intentionally] M 0219-00456 - Qualifications Questionnaire 00456 - 2 RAEnpineerinpiCspltal Projects= 949tchlnp Sta0on Tnatlhead10219 Iotchlnp.Conbeot D=%021940450 - QualMpOans Quesbonnalro.dx Rev. 05/01 73- 16s ,z 16. Complete the following table for SIMILAR projects: Date Contact Person . Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount SoLym Coa1.-q R.wL DI ll2 coo N -ry = f.rk. 5 Jim Di?14gAr0< 672, 161 4p72/ Ig [ i4L v l�m t�vn. 03 0 Z 2 cw1.LTr - v�- �1 . l ?� 71v ? — l7q s�/ 1 2 MQ. 0 C0 C)s C- i •off ( ► �� R ' CC N c�� r►� fpm lEk 1, 001, 65mill 4 0219.00456 - Qualifications Questlannalre F1Ehghv kXtC WM Pn dea2194Md*V StsUm TiaiR�dW21916 ' 00456 - i 1d�np�Ca�trad Doca1g276�00468 - QualiUaUau QuastlauWn.dae Rev. 0ft1 Y [NOTE: If requested by the County, the Bidder shall famish references, and other information, sufficiently comprehensive to permit an appraisal of its abilities as a c tract By: (Signature) t �ZES�t7�'i-� T (Position or Title) (Date) * * END OF SECTION i . F. ( k t 0219-00456 - Quallflcatons QuesUonnalre 00456 - F8.WhWnemin0lCapital Pr*cte1021Mtch1ngStation Ttailheed10219 McMng-Contract DocsX0219,00M " Qua1IDwUww QueWonnelre.doc Rev. 0501 i < - SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price , and shall also list ' the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include r reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No. 0219 for KITCHING. STATION TRAILHEAD . is Work to be Performed Subcontractor's Name/Address 1 . _ kl�ri_ S CONTClinly — ✓E,rLD $E40l . 2 -yn1L2ETE � . : .� C�•lTiP.1�L7iN� 3 . (z42P&tVV C,fiQSfi4L. FA01E JT0Z1rA — V11 Co _&4&4 4 . /20orrNS A.W.C. - RMAM/ .a 5 . ��IMTi�c, � EtiSLf P Klin elto 7 ... 8. 9 10. lie 12: 13. i 14. 15 . . 16 . 17. Note : Attach additional sheets if required . * * END OF SECTION 00458 - 1 0219.00458 - Ust of Subcontractors FAEnpineering Copital PrajWs1021 Mtshlnp SlaBon Trai1headW219 KltdUnq-Contract Doa10219.00458 - Uat of SubomtraGan.dx Rev. 05MI 1 � 1 FINANCIAL STATEMENTS AND 1 ACCOUNTANTS ' REVIEW REPORT BARTH CONSTRUCTION, INC. September 30, 2002 i 1 1 1 i t 1 1 1 r r Contents Page Accountants ' Review Report 1 Financial Statements Balance Sheet 2 Statement of Earnings and Retained Eamings 4 Statement of Cash Flows 5 Notes to Financial Statements 6 Supplemental Information Schedule of Contracts Completed 11 Schedule of Contracts in Progress 12 1 _ r i r 1 r r r r r 815 Beachland Boulevard LIST R E A M Y , CPAs Vero Beach, Florida 32963 f Ci H A R T E R E D (561 ) 234-3950 Phone (561 ) 234-3992 Fax Report of Indeoendent Certified Public Accountants Board of Directors Barth Construction, Inc . Vero Beach, Florida We have reviewed the accompanying balance sheet of Barth Construction, Inc., as of September 30, 2002, and the related statements of earnings and retained earnings, and cash flows for the year then ended, and the accompanying schedules of contracts completed and contracts in progress, which are presented only for supplementary analysis purposes, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. ' A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. _ It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole . Accordingly, we do not express such an opinion. The other data accompanying the financial statements, which are presented only for supplementary purposes, have been subjected to the inquiry and analytical review procedures applied in the review of basic financial statements. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements or supplemental information in order for them to be in conformity with . generally accepted accounting principles. rw November 5, 2002 r Member AICPA Division for CPA Firms Member AICPA Private Companies Practice Section Member FICPA Barth Construction, Inc. BALANCESHEET (See Accountants' Review Report) September 30, 2002 ASSETS Current Assets Cash and cash equivalents $ 469,058 Marketable securities 331 ,848 Contract receivables 127,439 ' Costs and estimated earnings in excess of billings on uncompleted contracts 4828 Estimated income taxes 19267 Total current assets 9342440 Property and Equipment - at cost Equipment $ 542955 Furniture and fixtures 156,856 Vehicles 41 ,766 Leasehold improvements 24, 167 277,744 ' Less accumulated depreciation 196,983 802761 $ 1 ,015 ,201 r ' The accompanying notes are an integral part of this statement. - 2 LIABILITIES Current Liabilities Accounts payable - trade $ 193 ,334 Retirement plan contributions payable 86,707 Payroll taxes payable 127 Deferred income taxes _ Total current liabilities 280, 168 Deferred Income Taxes 7,900 Stockholders' Equity Common stock " 100 shares authorized, issued and outstanding $ 100 Unrealized loss on available for sale marketable securities ( 199,962) Retained earnings 926,995 7277133 1 _ $ 1 ,015,201 Barth Construction, Inc. STATEMENT OF EARNINGS AND RETAINED EARNINGS ' (See Accountants' Review Report) Year ended September 30, 2002 Revenues $ 11741 ,757 Cost of revenue 1 ,5639079 Gross profit 178,678 Operating expenses Salaries and wages $ 114,524 Insurance 99,058 Profit sharing expense 88,317 Rent 363543 Bad debts 22,510 Depreciation 209337 Office expense 209012 Taxes and licenses 199264 Travel and entertainment 159234 Telephone and utilities 14,236 Vehicle expenses 10,294 Advertising and promotion 99250 Repairs and maintenance 4, 192 _ Contributions 3 ,645 Professional fees 3,528 Education 22004 Warranty expenses 1 ,236 Dues and subscriptions 1 , 154 Estimating expenses 896 Bank charges 648 Safety 543 Overhead expense reimbursement (323 ,835) 163 ,590 1 15 ,088 Other revenue Interest and dividends earned 23 ,455 23,455 Net earnings before income tax 38 ,543 Income tax expense (benefit) ' Currently payable 8,945 Deferred tax benefit (8 ,000) 945 ' NET .EARNINGS 37,598 Retained earnings, October 1 , 2001 889,397 Retained earnings, September 30, 2002 $ 926,995 The accompanying notes are an integral part of this statement. - 4 Barth Construction, Inc. STATEMENT OF CASH FLOWS ' (See Accountants' Review Report) Year ended September 30, 2002 Increase (Decrease) in Cash and Cash Equivalents Cash flows from operating activities Net earnings $ 379598 Adjustments to reconcile net earnings to net cash provided by (used in) operating activities Depreciation 209337 Deferred tax benefit (82000) Changes in assets and liabilities: Decrease in contract receivables 94,455 ' Increase in costs and estimated earnings in excess of billings on uncompleted contracts (3,400) Decrease in income tax deposits 970 Decrease in accounts payable (216,757) ' Increase in retirement plan contributions payable 21 ,445 Increase in accrued expenses 74 1 Net cash used in operating activities (53 ,278) Cash flows from investing activities Proceeds from sale of assets 25 ,000 - Purchase of equipment (79506) Net cash provided by investing activities 17,494 Net decrease in cash and cash equivalents (359784) ' Cash and cash equivalents - October 1 , 2001 504,842 Cash and cash equivalents - September 30, 2002 $ 469,058 Cash paid during the period for: ' Income taxes $ 81945 Interest $ _ ' The accompanying notes are an integral part of this statement. . 5 . ' Barth Construction, Inc . NOTES TO FINANCIAL STATEMENTS (See Accountants ' Review Report) September 30, 2002 NOTE A - SUMMARY OF ACCOUNTING POLICIES This summary of significant accounting policies of Barth Construction, Inc., is presented to assist in understanding the Company's financial statements. The accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of the financial statements. 1 . Revenue and Cost Recognition - Long Term Contracts Revenue is recognized on the percentage of completion method, measured by the percentage of costs incurred to date to estimated total costs of each contract. As the contract costs are incurred, estimated revenues are ' accrued in proportion to the estimated percentage of work performed on the contract. Estimated ultimate losses are determined. Changes in job performances, job conditions and estimated profitability, including those arising from contract penalty provisions and final contract settlements, may result in revisions to costs and income and are recognized in the period in which the revisions are determined. Costs and estimated earnings in excess of amounts billed are classified under current assets as costs and estimated earnings in excess of billings on uncompleted contracts. Billings in excess of costs and estimated earnings are classified under current liabilities as billings in excess of costs and estimated earnings on uncompleted contracts. ' 2. Cash and Cash Equivalents - Cash and cash equivalents is comprised of cash in banks and money market accounts available on a demand basis. ' 3 . Bad Debts An allowance for bad debts is not provided, as management believes all accounts are collectable at September 30p2002* 4 . Property, Equipment and Depreciation Property and equipment are stated at cost. Depreciation is provided for in amounts sufficient to relate the cost of depreciable assets to operations over their estimated useful lives, using straight-line methods. Estimated useful lives follow. Office equipment 5 - 7 years Automobiles . 5 years Machinery and equipment 5 - 7 years Leasehold improvements 15 years 5 . Profit Sharing ' The company established a Profit Sharing Plan effective October 1 , 1982, for the benefit of its employees . The employer contribution, based on employees ' current earnings, was $86,707 for the year ended September 30, 2002. The employer contribution may not exceed fifteen ( 15) percent of qualified employees ' salaries . ' 6 . Income Taxes Deferred income taxes are provided for the differences in timing in reporting for financial statement and ' income tax purposes arising from differences in the methods of accounting for depreciation and revenue recognition and overhead expense allocation on long term construction contracts. - 6 - Barth Construction, Inc . NOTES TO FINANCIAL STATEMENTS (See Accountants ' Review Report) September 30, 2002 1 NOTE A - SUMMARY OF ACCOUNTING POLICIES (continued) Revenue from construction contracts is recognized using the completed contract method for income tax purposes and using the percentage-of-completion method for financial statement purposes. Certain overhead expenses indirectly related to contracts are deferred for income tax purposes, but are expensed for financial statement presentation. Depreciation expense for tax purposes is computed using shorter lives and accelerated methods as provided by the Internal Revenue Code. Depreciation expense for financial statement purposes is computed using estimated economic lives and the straight-line method. ' 7. Use of Accounting Estimates ' The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates. NOTE B - ORGANIZATION The business was incorporated and began conducting business in September, 1979, under the laws of the State - of Florida. The Company is engaged principally in construction of commercial buildings and residential housing. NOTE C - CONCENTRATIONS OF CREDIT RISK ' The Company provides general contracting services for residential and commercial projects, primarily in Indian River County, Florida. The Company's receivables are collectible under contractual draw schedule arrangements, with retained receivables (usually ten percent of billings to date) due at the completion of the contract. The Company maintains cash balances at several financial institutions in Vero Beach, Florida. Accounts at 1 banks and savings and loan institutions are insured by the Federal Deposit Insurance Corporation up to $ 100,000. Cash accounts at security brokerage institutions are not insured. At September 30, 2002, the Company had uninsured cash balances totaling $387,664. NOTE D — FAIR VALUE OF MARKETABLE SECURITIES - ' The Company has a number of marketable securities, none of which are held for trading purposes. The Company estimated the fair value of all securities to be $331 , 848, which is approximately $ 199,962 less than the cumulative cost basis of $531 , 810. This difference is carried as an unrealized holding loss as it is not considered permanent. During the year ended September 30, 2002, one security holding was sold for $25 ,000, ' at no gain. As of December 31 , 2002, cost and fair value of equity securities are as follows : Available for sale, at cost $ 531 ,810 Gross unrealized gains 21158 Gross unrealized losses 202 120 ' Fair value 1 848 Barth Construction, Inc. NOTES TO FINANCIAL STATEMENTS (See Accountants ' Review Report) ' September 30, 2002 ' NOTE E - CONTRACT RECEIVABLES Contract receivables at September 30, 2002 : Billed: Completed contracts $ 67, 822 Contracts in progress 389019 ' Retainage 21 .598 127 43 NOTE F - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs incurred on uncompleted contracts $ 2359219 ' Estimated earnings 23.614 258,853 Less : billings to date 254.005 ' 4 828 Included in the accompanying balance sheet under the following captions : ' Costs and estimated earnings in excess of - billings on uncompleted contracts $ 49828 Billings in excess of costs and estimated earnings on uncompleted contracts -- ' 4828 NOTE G - RELATED PARTY TRANSACTIONS The Company entered into a lease agreement with a related party on May 23, 1990, to lease its office facilities for a period of one year at a monthly rate- of $2,250. This lease has been extended through December 31 , 2003 , ' with the same terms. The Company paid $27,000 rent to the related party during the year ended September 30, 2002, The Company shares certain administrative and overhead costs with a related corporation. The Company annually reviews such shared costs and bills the related party for its share of those costs. The Company received $323,835 from the related corporation during the year ended September 30, 2002, for billings of cost reimbursements. The Company also receives management and supervision services from a related corporation. During the year ended September 30, 2002, the Company did not pay the related corporation for such services . 8 ' Barth Construction, Inc . NOTES TO FINANCIAL STATEMENTS (See Accountants ' Review Report) ' September 30, 2002 NOTE H - INCOME TAXES Deferred income taxes arise from timing differences resulting from income and expense items reported for financial accounting and tax purposes in different periods. Deferred taxes are classified as current or noncurrent, depending on the classification of the assets and liabilities to which they relate. Deferred taxes arising from timing differences that are not related to an asset or liability are classified as current or noncurrent depending on the periods in which the timing differences are expected to reverse. The components of income tax expense (benefit) are: Currently payable $ 89945 ' Deferred tax benefit ( 8.0001 . Total income tax expense 945 ' The principal sources of timing differences are different depreciation methods and different long term contract revenue recognition methods used for financial accounting and income tax reporting purposes. Revenue from construction contracts is reported for income tax purposes on the completed contract method, while reporting for financial statement purposes is on the percentage-of-completion method. Certain overhead expenses are required to be allocated to uncompleted contracts and deferred until completion for income tax ' purposes, while they are expensed as incurred for financial statement purposes. Depreciation is computed using shorter lives and accelerated methods for income tax purposes, but is computed using economic useful lives and the straight line method for financial statement reporting. The components of income tax expense (benefit) are: Income taxes currently payable: Federal $ 6,654 ' State 2.291 $ 8,945 Deferred tax (benefit) arising from: ' Income recognized on percentage of completion method for financial accounting over net revenue on completed contract method for tax purposes (3 ,900) Expenses deferred for tax purposes, but expensed for financial accounting (2,390) Excess of tax over financial accounting depreciation ( 1 .710) (8.000) Total income tax expense 945 NOTE I - BACKLOG The estimated gross revenue on work to be performed on signed contracts was $6,377,748 at September 30, 2002. ' 9 SUPPLEMENTAL INFORMAnON Barth Construction, Inc, SCHEDULE OF CONTRACTS COMPLETED (See Accountants' Review Report) Year ended September 30, 2002 Contract Contract totals Before October 1 , 2001 During the year ended September 30, 2002 Revenues Cost of Gross profit Revenues Cost of Gross profit Revenues Cost of Gross profit Slump I= earnedrevenues (loss) earned revenues (loss) earned revenues (loss) Holy Cross Cath. A $ 354,774 $ 312,630 $ 42, 144 $ 2049075 $ 1849521 $ 199554 $ 150,699 $ 1289109 $ 22,590 Wastewater Trtmnt A 1797541 1579313 22,228 460 424 36 179,081 1569889 229192 Holy Cross Ph I1 A 3919901 3549939 36,962 - - - 391 ,901 354,939 369962 Dental Facility A 3469270 310,580 35,690 - - - 3469270 310,580 35,690 Beachld Multi Prp A 2849524 253,903 30,621 - - - 2842524 2537903 30,621 Small contracts 130,449 123,440 71009 - - _ _ 1309449 123 ,440 71009 $ 1 ,687,459 $ 1 ,512:805 $ 174,654 $ 204,535 $ 184,945 S 19,590 $ 174822924 $ 1 ,327,860 $ 155,064 Contract types A - Fixed-price B - Cost-plus-fee r r r �■ � � r r r r r w� r � � �■ e r r Barth Construction, Inc. SCHEDULE OF CONTRACTS IN PROGRESS (See Accountants' Review Report) September 30, 2002 Estimated gross Total Estimated Contract profit Revenues costs Gross Billed cost to Contract Name price (loss) earned incurred profit (loss) to date complete Holy Cross Cath. Ph. III $ 3342854 $ 339358 $ 1389037 $ 1242286 $ 13,751 $ 1342825 $ 177,210 St, John Cath. Church 37874,019 3159889 1199643 109,887 99756 119, 180 3 ,4481243 Pool, spa enclosure 467668 5,950 57 50 7 - 409668 Clem, Schaub renovatns 126,212 11 ,473 1 ,096 996 100 - 1139743 $ 4,381 ,753 $ 3662670 $ 258,833 $ 2359219 $ 23,614 $ 25100L $ 3 ,7799864 Period Ended September 30, 2002 Before October 1 , 2001 Costs and Billings in estimated excess of earnings costs and in excess estimated Revenues Cost of Gross Revenues Cost of Contract Name of billings earnings earned revenues profit (loss) earned revenues Gross profit Holy Cross Cath. Ph. III $ 3 ,212 $ - $ 1382037 $ 124,286 $ 13,751 St. John Cath. Church 463 - 119,643 109,887 91756 Pool, spa enclosure 57 - 57 50 7 Clem, Schaub renovatns 1 ,096 - 12096 996 100 $ 4,828 $ - $ 2582833 $ 235 ,219 $ 239614 SECTION 00520 = Agreement ( Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the ' State of Florida organized and existing under the Laws of the State of Florida , ( hereinafter called OWNER) and BARTH CONSTRUCTION , INC . ( hereinafter called CONTRACTOR) . OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , agree as follows : ARTICLE 1 = WORK 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows : CONSTRUCTING A REPLICA TRAIN STATION , WALKING TRAIL ARTICLE 2 = THE PROJECT 2 . 01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows : Project Name : KITCHING STATION TRAILHEAD County Project Number: 0219 Project Address : 9450 95 STREET ( NORTH COUNTY PARK) SEBASTIAN , FLORIDA 32958 ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents . ARTICLE 4 = CONTRACT TIMES 4 . 01 Time of the Essence A. All time limits for Milestones , if any, Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract . 4 . 02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before 20 , and completed and ready for final ' payment in accordance with paragraph 14 . 07 of the General Conditions on or before 20 i 0219-00520 - Agreement (Public Works ) .doc 00520 - 2 F :\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00520 - Agreement (Public Works).doc Rev. 05/01 4 . 02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed on or before the 60 day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General ' Conditions , and completed and ready for final payment in accordance with paragraph 14 . 07 of the General Conditions on or before the 75 day after the date when the Contract Times commence to run . 4 . 03 Liquidated Damages ' A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4 . 02 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . The parties also recognize the delays , expense , and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time . Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) , CONTRACTOR shall pay OWNER 676 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Substantial Completion until the Work is substantially complete . After Substantial Completion , if CONTRACTOR shall neglect, refuse , or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER $ 676 . 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5 . 01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents , an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5 . 01 .A and summarized in paragraph 5 . 01 . 13 , below: A . For all Work , at the prices stated in CONTRACTOR's Bid , attached hereto as an exhibit. B . THE CONTRACT SUM subject to additions and deductions provided in the Contract: : Numerical Amount: $ 141 , 352 . 00 Written Amount: ONE HUNDRED FORTY ONE THOUSAND THREE HUNDRED FIFTY TWO DOLLARS AND ZERO CENTS ARTICLE 6 = PAYMENT PROCEDURES 6 . 01 Submittal and Processing of Payments ' A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions . ' 0219-00520 - Agreement (Public Works).doc 00520 - 3 F:\Engineering\Capital Projects\0219-Kitching Station Trallhead\0219 Kitching-Contract Docs\0219-00520 - Agreement (Public Works).doc Rev. 05/01 6 . 02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month ' during performance of the Work as provided in paragraph 6 . 02 . A . 1 below. All such payments will be measured by the schedule of values established in paragraph 2 . 07 . A 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 : ' 1 . 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 may determine or OWNER may withhold , in accordance with paragraph 14 . 02 of the General Conditions : a . Ninety percent (90 % ) of Work completed (with the balance being retainage ) ; and b . Eighty percent (80% ) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage ) . 6 . 03 Final Payment A . Upon final completion and acceptance of the Work in accordance with paragraph 14 . 07 of the General Conditions , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14 . 07 . ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnify OWNER, ENGINEER , and others in accordance with paragraph 6 . 20 ( Indemnification) of the General Conditions to the Construction Contract , ARTICLE 8 = CONTRACTOR' S REPRESENTATIONS 8 . 01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations : A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents . B . CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost , progress , and performance of the Work . ' C . CONTRACTOR is familiar with and is satisfied as to all federal , state , and local Laws and Regulations that may affect cost , progress , and performance of the Work . ' D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions and (2 ) reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . 0219-00520 - Agreement (Public Works ) .doc 00520 - 4 F :\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00520 - Agreement (Public Works).doc Rev. 05/01 E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations , explorations , tests , studies , and data concerning conditions (surface , subsurface , and Underground Facilities ) at or contiguous to the Site which may affect cost , progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and ' procedures of construction to be employed by CONTRACTOR , including applying the specific means , methods , techniques , sequences , and procedures of construction , if any, expressly required by the Contract Documents to be employed by CONTRACTOR , and safety precautions and programs incident thereto F . CONTRACTOR does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the performance of the Work at the Contract Price , within the Contract Times , and in accordance with the other terms and conditions of the Contract Documents . ' G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents . H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work . ' ARTICLE 9 = CONTRACT DOCUMENTS 9 . 01 Contents A. The Contract Documents consist of the following : 1 . This Agreement ( pages 00520- 1 to00520-8 , inclusive ) ; ' 2 . Performance Bond (pages 00610- 1 to 00610-5 , inclusive ) ; 3 . Payment Bond (pages 00612- 1 to 00612-5 , inclusive ) ; ' 4 . General Conditions ( pages 00700- 1 to 00700-75 , inclusive ) ; ' 5 . Supplementary Conditions ( pages 00800i to 00800- 14 , inclusive ) ; 6 . Specifications as listed in the table of contents of the Project Manual ; 7 . Drawings consisting of a cover sheet and sheets numbered through , inclusive , with each sheet bearing the following general title : , 0219-00520 - Agreement (Public Works ).doc 00520 - 5 F :\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00520 - Agreement (Public Works).doc Rev. 05/01 ' 8 . Addenda ( number 1 inclusive ) ; 9 . Exhibits to this Agreement (enumerated as follows ) : ' a . Notice to Proceed (pages to , inclusive ) ; ' b . CONTRACTOR's Bid (pages 00310- 1 to 00310-7 , inclusive ) ; c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages ' to , inclusive ) ; d . Statement of Public Entity Crime ' e . Sworn Statement Under the Florida Trench Safety Act ( pages 00454- 1 to 00454-2 , inclusive ) ; f. Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ( pages 00452- 1 to 00452-2 , inclusive ) ; g , 10 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto : a . Written Amendments ; b . Work Change Directives ; c. Change Order(s ) . 11 . Contractor's Final Certification of the Work (page 00632- 1 to 00632-2 of the Specifications ) . B . The documents listed in paragraph 9 . 01 . A are attached to this Agreement (except as expressly noted otherwise above ) . C . There are no Contract Documents other than those listed above in this Article 9 . D . The Contract Documents may only be amended , modified , or supplemented as provided in paragraph 3 . 04 of the General Conditions . ' ARTICLE 10 - MISCELLANEOUS 10 . 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions . 10 . 02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound ; and , specifically but without limitation , moneys that may become due and moneys 0219-00520 - Agreement (Public Works) .doc 00520 - 6 F :\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00520 - Agreement (Public Works).doc Rev. 05/01 that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents . 10 . 03 Successors and Assigns ' A. OWNER and CONTRACTOR each binds itself, its partners , successors , assigns , and legal representatives to the other party hereto , its partners , successors , assigns , and legal representatives in respect to all covenants , agreements , and obligations contained in the Contract Documents , 10 . 04 Severability ' . A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A. This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . [The remainder of this page was left blank intentionally] 1 0219-00520 - Agreement ( Public Works ) .doc 00520 - 7 F :\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219.00520 - Agreement (Public Works).doc Rev. 05/01 IN WITNESS WHEREOF , OWNER and CONTRACTOR have signed this Agreement in ' duplicate . One counterpart each has been delivered to OWNER and CONTRACTOR . All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. ' This Agreement will be effective on lk"A - �L , 20 03 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the Agreement) . OWNER: CONTRACTOR : INDIAN RIVER COUNTY BARTH CONSTRJJCTION , INC . r By : By: C0 Ra 11 n e D G ijr N hairman ( Contractor) By: G ( CORPORATE SEAL ) ames Chandler, Coulf Ad inistrator Attest APPROVED AS TO OR AND LEGAL SUUINCYBy , II , County Attorney Address for giving notices : Jeffrey K. Barton , Clerk of Court ' License No . Attestlicable Where applicable ) pP ) ' Deputy Clerk (SEAL) Agent for service of process : Designated Representative : Name : Christopher J . Kafer, Jr. , P . E . Designated Representative : Title : County Engineer Name : 1840 25th Street Title : Vero Beach , Florida 32960 Address : (772 ) 567-8000 , ext. 1221 Facsimile : (772 ) 778-9391 ' Phone : Facsimile : ( If CONTRACTOR is a corporation or a ' partnership , attach evidence of authority to sign . ) a t �ry * * END OF SECTION ' 0219-00520 - Agreement (Public Works) .doc 00520 - 8 F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00520 - Agreement (Public Works).doc Rev. 05/01 1503103 RECORDED IN THE RECORDS OF JEFFREY K BARTON , CLERK CIRCUIT COURT INDIAN ' RIVER CO FL , BK : 1675 PG : 290 , 12 /23 / 2003 01 : 27 PM CIE1 1BYTES This Bond Complies with TION 00610 - Performance Bondthe Terrorism Risk Insurance Act of 2002 KNESENTS : (TRIA) BY Barth Construction Inc.1717 Indian River Boulevard #202A Vero Beach, FL 32950 (772) 778-3072 as Principal (Contractor), (insert name, principal business address, and telephone number of Principal/Contractor) and Western Surety Coml2any ' P .O. Box 5077 Sioux Falls SD 57117-5077 (605) 336-0850 as corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1840, 25th Street, Vero Beach , Florida 32960 (561 -567-8000). In the Sum of One Hundred Seventy Six Thousand Six Hundred Ninety and 00/100 Dollars ($ 1761690.00 ) amounting to 125% of the total bid price . For the payment of said sum we bind ourselves, our heirs , executors, administrators and assigns , jointly and severalty, for the faithful performance of a certain written Contract, dated the 16th day of December 2003 entered into between the Principal and the County of Indian River, for: ' Bond Number: 929299337 Project Name: KITCHING STATION TRAILHEAD County Project Number: 0219 Project Address: 9450 95TH STREET (NORTH COUNTY PARK ' SEBASTIAN, FLORIDA 32958 Project Description , REPLICA TRAIN STATION . PARKING LOT, WALKING TRAIL. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein . Florida Statues Section 255. 05 (2002) , as amended from time to time , together with all notice and time provisions contained therein , is incorporated herein in Its entirety by this reference . ' NOW , THEREFORE, THE CONDITIONS OF THE 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, 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 of performance of said Contract, including errors in the Drawings furnished by the Principal , and further, if the Principal shall promptly make payments to all who supply him with 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 0219-00610 - PerformanceBond 00610 - 1 FAEngieeringlCopital Projectst0219-Kitd ing Statlon Trallheed10219 Kitching-Contract D=10219A0810 - Performance Sond.doc Rev. 05/01 ' A TRUE COPY CERTIFICATION -ON' LAST PAGE J . K. BARTON, CLERK r BK : 1675 PG : 291 1 said Work , 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 same , 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 . ' Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond . 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, shall in any ' way affect its obligations on this Bond , and it does hereby waive notice of any such changes, 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 Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. ' IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this 18th day of December , 20 03 , 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. t ►►wr►wwrrrrrrwrwwrr►«wwrrrrr►w«wrrrwrwrrrrrrwrwrrrwrrwwr►rwrrrrwrrrwrw►►rw►rrrrrrr«rrrerwwwwrrrrww►rwr►►►rte WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed , sealed and delivered in the presence of: ' Witness Signature o jvidual Address Printed Name of Individual ' Witness Address ►rwrrwr«►resew►wrr►rrw«►♦rr«►►wwrrr►►r►«r►res«wrrww►a►orrrw►►►wrrr►►rr►rrrrr►►r+rwrr►w►res►w►rrrr►wwrrrerrrwr►r 0219-00610 - Performance Bond 00610 - 2 F:%EngieerhMCep6ai Projects10219-Kitching Station Trallheed10219 Kitching-Contract DocsW219-00610 - Performance Bond.doc Rev. 05/01 A TRUE COPY ' CERTIFICATION ON LAST PAGE J . K. BARTOX9 CLERK BK : 1675 PG : 292 WHEN THE PRICIPAL ISA SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE ' NAME : Signed , sealed and delivered in the presence of: ' Witness Name of Partin Ip ' Address Partner ' Printed Name of Partner Witness (SEAL) ' Address }x*rlYxYixrxtlrwR*#YY**rYx*rYYxxrfMxrwwYYw*fe*iwYx#*+RRr*****xx#r**xx*wY*YY#/'wYxxw**/e!**rrYYYrxw**tM*****MtfM`kr WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: ' Witness Name of Partners BY: Address artner ' Printed Name of Partner Witness ' (SEAL) Addr w*}rYxwx}#**YYYY****Yx**x}}IrrJ}YxrRQ*r***xMw*w#*R*!#xxrw*rlYw*Y*Mkrxw*i!*RM*Rlrrrx*x#xxr**xxxhr*Y+MrwxYR**** ' [The remainder of this page was left blank intentionally] ' 0219-00610 - Performance Bond 00610 . 3 FAEngieerng\Capltal Projects10219-Kitching Station Trellheadl0219 Kitching-Contract Docs10219-00610 - Performance Bond.doc Rev. 05101 ' A TRUE COPY CERTIFICATIONON' LAST PAGE J . K. BARTON, CLERK BK : 1675 PG : 293 ' WHEN THE PRINCIPAL IS A CORPORATION : Atte . Barth Construction, Inc. ' SecretAry Name 2ration BY: Alr:= — � ' (Affix Corporate SEAL) 0 ficial Title CERTIFICATE AS TO CORPORATE PRINCIPAL I ify that I am thD Secretary of the corporation named as ' Principal 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 was duly signed , sealed ' and attested for and on behalf of Said corpora ' by o .ty of its governing body, S creta (SEAL) ' TO BE EXECUTED BY CORPORATE SURETY: Attest: f cam_ Weston/ Sure Company ' cretary Corpate Surety P O. t0x5077,,SlouxFa0 , S (71IM077 usl ess Addr s B - (Affix Co $SEAr}`':-`. ,, . a,,:, : . . April L. Lively, Attomey-in-Fact 9 Flo►Vda If oil! Resident Agent Attorney-In-Fact INQUIRIES: (407)?84V--992Kc� ;:y,'` Guignard Company ' Name of Local Agency 1904 Boothe Circle, Longwood, FL 32750 Business Address ' 0219-00610 - Performance Bond 00610 - 4 FAEngleering\Capital Pro}ectM21940lchln Station Tmilhead\0219 Kitching-contnact Docs\0219.00910 - Performance Bond.doc Rev. 05101 ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK BK : 1675 PG : 294 STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned , qualified and acting , personally appeared April L. Lively , to me well know, who being by me first duly swom upon oath, ' says that he is the attomey-in-fact for the Western Suretv Company and that she has been authorized by Western Surety Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 18th day of December �J 20 03 Tina Haase, Notary Public State of Florida My Commission Expires: December 2, 2006 TINA HAASE Notary Public, State of Florida ******•*****H*#**#*f!4*****4/****#******#******tht******M************1nY#���*�A��a..y���****#*VM* Any claims under this bond shall be addressed to: Comm. No. DD158911 Name and address of Surety: Western Surety Company P.O. Box 5077 Sioux Falls, SD 571174077 Name and address of agent ' or representative in Florida if different from above : Guignard Company 1904 Boothe Circle Longwood, FL 32750 Telephone number of Surety and agent or representative in Florida : 407 ) 834 _ 0022 **END OF SECTION" 1 ' 0219.00610 - Performance Bond FAA 00610 - 5 ngiaeinfp\l;epital ProjeetsW218-KI[ehing Station TrailheedW218 Kitching-Contract Doce10210-00810 - Performance Bond.doc Rev. 05101 A TRUE Copy CERTIFICATION ON- LAST PAG J . K. BARTON , CLERK E BK : 1675 PG : 295 SECTION 00612 - Payment Bond This Bond Complies with ' the Terrorism Risk Insurance Act of 2002 KNOW ALL MEN BY THESE PRESENTS: (TRIA) BY THIS BOND, we Barth Construction , 1 is - 1717 Indian River Boulevard #202A Vero Beach , FL 32960 (772) 7784072 as Principal (Contractor) , ' (Insert name, Principal business address, and telephone number of Principal/Contractor) and Western Surety Company — P.O. Box 5077 Sioux Fails, SD 51771 -5077 (605) 336-0850 , a corporation , as Surety, (Insert name, principal business address , and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida , 1840, 25th Street, Vero Beach , Florida 32960 , (561 -567-8000) , In the sum of One Hundred Forty One Thousand Three Hundred Fifty One and 001100 Dollars ($141 ,351 .00 ) amounting to 100% 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 16th day of December 20 031 entered into between the Principal and the County of Indian River, for: Bond Number. 929299337 Project Name: KITCHING STATION TRAILHEAD County Project Number: 0219 Project Address: 9450 95 STREET ( NORTH COUNTY PARK) SEBASTIAN FL 32958 Project Description: REPLICA TRAIN STATION , PARKING LOT, WALKING TRAIL 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 promptly make payments to all claimants , as herein below defined, then this obligation shall be void ; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1 . A claimant, as defined in Florida Statutes Section 255. 05( 1 ) , supplying Principal with labor, materials , or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for the Contract. 2. Florida Statutes Section 255.05 (2002) , as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference The Surety, for value received , hereby stipulates and agrees that no charge , extension of time , ' alteration of or addition to the terms of the Contract or to the work to be performed thereunder 0219.00612 - Payment Bond 00612 . 1 FAEnglneeringlCapilal Projects10218aQtching Station TrailheaG1021 a Kitching-Contract Docs10219.00612 • Payment Bond.doc Rev. 05101 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ! BK : 1675 PG : 296 ! or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond , ! and the Surety hereby waives notice of any such change, extension of time, alterations of or 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 Best's 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 Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages , expenses , costs, and attorney's fees , including appellate proceedings , that the County of Indian River sustains because of a default by the Principal under the Contract. ' [The remainder of this page was left blank intentionally] ! ! i 1 ' 00612 - 2 0219-00612 - Payment Bond FAEngineering\Capital Projecta10219-Kitching Station Trailheed10219 Kitching-Contract Doca\0219.00612 - Payment Sond.doc Rev. 05101 ' A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ! ' BK : 1675 PG : 297 ' IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 78th day of December 20 03 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body. r*►**rrrrrw*r*►+atwwr**w*wew►►►►►►►r►*+w*w**+*++rr►awww**lrrrr++r*►►r*r►rrr►:!*w**w►►f.►►r+rw#*+*w*+xr►r►► * WHEN THE PRINCIPAL IS AN INDIVIDUAL: ' Signed , sealed , and delivered in the presence of: Witness Signature of Individual Address Printed a of Individual Witness Addre rrwwr*►►wrww*r**!er►e►►rww*rw*wwww►**rrr►rwx►*ww!*w►ww►►►ww*►*rr:w►ww*e!r►*wrrrwrwrr:*fr*+rr►►►rww*w+*r►rr►*r WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TftX6E NAME: Signed , sealed and delivered in the presence of: Witness Name of Entity B Address Principal Printed Name of Principal Witness (SEAL) Ad ress +*w►rrrr*!!*rwk+rrlrlrr►►r*+****w*►r1Mt►►►rr*#rwr*rw*w*rr►►Mwrrrw#www**►rlrrrMlRk►*wxMwlrr#www/rltwwww*+w*►rrwr WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of: ' Witness Name of Partnershi BY: Address artner 0219-00612 - Payment Bond 00512 - 3 F:1Engineei inglCepital Projeds\0219-Kitching Station Traithead10219 Kitching•Contrect Dom\0219.00512 - Payment Sond.doc Rev. 05101 A TRUE COPY CERTIFICATION 'ON• LAST PAGE J . K . BARTON , CLERK ' BK : 1675 PG : 298 ' Printed Name of P tfu ' Witness {SEAL) Address xwww«xwxw«wx«xwxxxwx«x«wx«x«wxxxwxxwwxwwwxxxxwxwxx«wwxxwxwwwxwxx«xxxxxxxxxx«nxxxxxxw«xwwx:xxxxxxxxwwwwwxxrwx WHEN THE PRINCIPAL IS A CORPORATION : Atte t: Barth Construction , Inc. P A—�; --- S cretary Name of Corporation BY: (Affix Corporate SEAL) ' Printed Name ' Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I L gggg R , cert Matt I Jame ecretary of the corporation named as Principal in the within bond; that Z�' 5T►` 4M 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 was duly signed , sealed and attested for and behalf Saidporporation by authority of Its governing body. ' Secr ry (SEAL) ' TO BE EXECUTED BY CORPORATE SURETY: Attest: ,L4 ' • -..... Western Sure �Com an - ecretary Corporate rety P.O. Box 5077 Sioux Falls SD 571 7-5077 I �� Business Address / B ' ' 0219-00612 - Payment Bond 00612 - 4 FAEngineeringlCepital Projects10219-Kltching Statbn T211head10219 Kitching-Contmet DocsX0219-00612 - Payment Bond.doc Rev. 05/01 A TRtlE COPY CERTIFICATION ON LAST PAGE J , K . BARTON , CLERK ' BK : 1675 PG : 299 �.rjo jJf� •�C y .3 tib Affix Co April L. Lively, Attorney-In-Fact & Florida Licd _ . » v = ! ,`! i Resident Agent Inquiries: (407) 834-0022 Attorney-In-Fact Guignard Company J Name of Local Agency ' 1904 Boothe Circle, Longwood, FL 32750 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting , personally appeared ' April L. Lively , to me well known , who being by me first duly sworn upon oath , says that she is the attorney-in-fact for the Western Surety Company and that she has been authorized by Western Surety Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and ' sworn to before me this 18th day of Decemb/er�y 20 03 21 4L ` tea TINAll9SE Tina Haase , Notary Public, State 4§100Bblic, State of Florida t My COMM exp. Dec. 2 , 2004 My Commission Expires: December 2, 2006 Comm. No. DD 188911 wrwrr:rrwrwrrwrrrrrrwrwrwrwrwrwwrwrrrrrrrrrr:rrrr:rwwa+wwwrowwewrsrwrrrrw,earrrwwrrrrrr:rrwsrtw .rrrrrwrt»rrr:x Any claims under this bond shall be addressed to: ' Name and address of Surety: Western Surety Company P.O. Box 5077 Sioux Falls, SD 57117-5077 ' Name and address of agent or representative in Florida If different from above : ' Guignard Company 1904 Boothe Circle Longwood , FL 32750 ' Telephone number of Surety and agent or representative in Florida : (407 ) 834 - 0022 ' "END OF SECTION" 0219 - Payment Bond 00612 - 5 FAEngineednglCapital Pmjects10219-K1trhing Station Trallhead1021e-00612 - Payment Bond.doc Rev. 05/01 A TRUE COPY ' CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ' BK : 1675 PG : 300 ' Bond No. 929299337 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002 , we are providing this ' disclosure of notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding ' Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen ' s Insurance Company of Newark, NJ, and The Continental Insurance Company. ' DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0 . 00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM ' LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. ' Form F7310 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK ' BK : 1675 PG : 301 Westem Surety Company ' POWER OF ATTORNEY APPOINTING INDRgDUAL ATTORNEY-IN-FACT Know All Men BY-These Presents, That WESTERN SURETY COMPANY, a South Dakota corPoration, is a duly organized and existing corporation having its Principal office in the City of Siam Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein atAMd hereby te maim, constituand appoint ' J W Guignard, Bryce R Guignard, M Gary Francis, APril L Lively, Paul J Ciambriello, Jennifer L.McCarta, Katie N Flowers, Margie L. Morris, Brett A Ragland, Individuaily of'Longwood, FL, its true and lawful AttomeAs}in-Fact with full power and authority hereby conferted to sign, seal and execute for and on its behalf bonds, undertakings and otter obligatory instruments of similar nature ' - In Unlimited Amounts and to bind it thereby as fully and to the same esnaertt as if such instruments were signed by a duly authorized officer of the corporation and all the acct of said ' Amey. Pursuant to the authority hereby given, are hereby ratified and monfimhed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed an to reverse hereof: duly adopted, as indicated, by the shareholders of the corporation. ' In Witness Whereof, WESTERN SURETY COMPANY has caused these presents lube signed by its Senior Vice president and its corporate soar to he hereto affixed on this 19th day of March, 2003. WESTERN SURETY COMPANY a Paul . andiat, Senior Via President ' State of South Dakota , County ofMinnebaha IS On this 19th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by we duly swum, did depose and say. that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN'SLMETY COMPANY described in and which ' executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporare seat; that it was so affixed pursuant to authority given by the Board of Directors of said corporation end that he sighted his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ' My commission expiresi++�+�++...+++...,.....��. r D. KRELL November 30. 2006 r�� fAgY NCPUBLIC SEA i SOUTH DAKOTA r r l r '� ' PD. rell, Notary Public 'h CERTIF[GTE I, L. Nelson, Assistant Secretary of WESIMIM SUREt` 4t6MPANY do hereby certify that the Power of Attorney hereinabove set forth is still in farce, and further certify Thai the By-Law of the co , .r.r�n. . rpaFa�ois nietr,'pirpre reverse hereof is sell in force. [n ratimeny whereof 1 have hereunto subscribed Int, Rrr my name and affixed the seal of the said coup oratrtgh.gits' ``: • .t F. , Y of ER 2003 . x � .t WESTERN SURETY COMPANY t , . � 't6`�� V r RF -L • Fmm Ft2Eo-01 -02 L Nelson, ASsnsmnt Secretary • ' n � . nrltr ;hN• . ' A TRUE COPY CERTIFICATION ON LAST PAGE JX BARTON , CLERK BK : 1675 PG : 302 Authorizing By-Law ' ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant ro and by authority of the following By-Law drily adopted by the shareholders of the Company. ' Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President Secretary, any Assistant Secretary' tary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seat may be -printed by facsimile. 1 STATE OF FLORIDA INDIAN RIVER COUNTY ' THIS IS TO CERTIFY THAT THIS 18 A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. tirc011,H>r .X $ART014 UCLOEA -C EPu 3cLE,"KQ� 0ATE DEC- 19-2003 FRI 03 ; 43 PM FAX N0, P , 01 /01 Client 32379 ACORDm CERTIFICATE OF ...LIABtLiTY INSURANCE BARCOI PRODUCER S ANCE Brown & BY.OW,n DATE {MM/Dpryy) 6767 N , , 'Inc • - Melbourne THIS CERTIFICATE IS ISSUED AS A MATTER of 12 / 16 / 03 Wickham Rd suite Z 0 0 HOLDER.ONLY AND CO CERTIFICATE IGHTS UPON THE FICA TE INFORMATION - - - f -,- - -FL — 3 2 94 0 - 2 02 4 ALTER THE COVERAGE AFFORDED y THEMPOLICIES BELOW, 321 757 - 8686DOES � EXTEND p INSURED B �_ ___ INSURERS AFFORDING COVERAGE arth Construction , Inc . - - 1717 Indian River Blvd 'NSURERA: Amerisur_ a CMpanies ' Vero Beach F'L 32960 # 202A tNSURERB -- _ - --�- _- - INSURER C: INSURER D --- z —�— COVERAGES — -----,—_ ' INSURER E: ---•- --- - ----- _ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO ANY REQUIREMENT, , TERM OR CONDITION OF ANY CO MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE W POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY p I CLAIMS CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE POLICY PERIOD INDICATED. NOTWITHSTANDING F -• -- • ..._ _ __ MAY BE ISSUED OR TYPE OFINsupANCE RMS, EXCLUSIONS AND CONDITIONS OF SUCH ' A GENERAL LIABILITY POLICY NUMBER POA►CY EFFpCTIYE PpTY EXPIp ITA oN --- -_� X CO_MMERCIALGENERA_ LLIABILRy GL200803 ,9 A /Y F - 03 / 30 / Q3 03 / 30 LIMITS _ - .A� CLAIMS MADE / 04 EACH OCCURRENCE OCCUR — s_1 0 00 000 FIRE DAMAGE (Any one lire)— g rj OJ O 0 0 MED EXP (Any one Pe),on� $ 1 QJ 000 GEN'L AGGREGATE LIMITgppl IES PER: PERSONAL g ADV IN_JURV -- PRO- - LOC GENERAL AGGAE_GATE _ § �. , 0 O Q L O Q O- POLfCv - $ 2L 000 , 000 A AUTpMOBILE LIABILITY PRODUCTS - COM_PI AGG $Z _i 0 0 0 , 000 X ANY AUTO CA2008036 03 / 30 / 03 03 / 30 / 04 ALL OWNED AUTOS COMBINED SINGLE LIMIT SCHEDULED AUTOS (I accident) $ 11 0 0 0 , 0 0 0 _ X HIREDAUTOS BODILY INJURY X N, ON OWNED AUTOS (Pertxraon) -- --- g -- -• - - BODILY INJURY -�- - - (Per accident) GARAGE LIABILITY PROPERTY DAMAGE - — — - - - - _� ANY AUTO (Per accident) to AUTO ONLY _EA ACCIDENT EXCESS LIABILITYCU2 O 0 $ Q 41 OTHER THAN EA ACC g XJ OCCUR j + AUTO ONLY: `. — _ 1 CLAIMS MADE 03 3 0 AGG $ / / 0 3 0 3 / 3t) / t) 4 EACH OCCURRENCE 54 , 000 , 0 0 0 DEDUCTIBLE AGGREGATE -- -- — _ S_4 000 X RETENTION $ 1 0 0 0 0 $ A WORKERS COMPENSATION AND WC2 Q Q 8 O4 2 $EMPLOYERB' LIABILITY 03 / 30 / 03 03 / 30 / 04 J{ WCSTATU. OTH- $ LIMITS Eft E.L.L. EACH ACCIDENT ' OTHER El. DISEASE ;EA EMPL OYEE 51 E.L. DISEASE - POLICY LIMIT x 5 0 0 000 )ESCRIPTION o OPERATIONS�LOCATIONS/VEHICLES/EXCLUSION6 ADDED BY E ditional Insured - InNDORSEMENT/SpEGIAL PROVISIONS Kidian River County oject- tching Station Trailhead # 0219 FICATE HOLDER X ADDITIONAL INSURED - INSURER LETTEq; - - CANCELLATION Ian RiverSHOULD CountANYGFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRAi10N y Bldgartment DATE THEREOF, THE ISSUING INSUR 0 25th Street NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE EFT, BUWILL ENDEAVOR TO TFNLUURAIL E TOp SOSHALLDAYS N aro Beach , FL 32960 IM POSE NO OBLIGATION Op LIABILITY OF ANY KIND UPON THEINSURER, ITSAGENTSOR REPRESENTATIVES. I AUTHORIZED REPq 6ENTA VE :ORD 25"S (7/97) .1 of 2 # 104552 O � c 2 Z :. `O W E �+ z V CO a' A O i 0 +� o a V C 0 6R? to GO. 6� 69 69. 6% 60 Q c E ° � O. a 0 � U tp y.i h 0w 0 tri Lo O U .L.O w V O o V o (� C o a Q O v N .-. H w (D C N Ti ANN W p N p" v ca E o T V '5 E Y . . . / V V N .�d (p , . ZO 0 ,,o . 4 E ,b m � m gomcmW � LQ _ -ON C NO m N0 LM co as R{ G1 L m f0 CG 10 L Corte,, O C }, E Q �' a �' X E b ° a� c ~/� v L' W w . N :.� O Q .� i� o Z N N �// c OE p, ,m v N aD V Q w �. to ^ ro , c Co ui o. c is >+ Z_ol CLI iC t� p � `E '� .Ci - C7 � C OO ° g O - y a �a) '40, wCflaO Z N ca a Z t O -p ° O p O p O LLo E } c O o Q N C c •c . . o m o � a� "o pM N CO w •c C .c •o o 'v Q U H d a � � u� o v E c� � a o ca a� »� ' 2 d a M (L C c — V cn I- �c ' U . }' cv . o .x C , . Y Q E •C c. C �, .c ., s , , corn m a — w m o � v. m ` '� `' o o :° Et=. o o . oU � .CQ .oQa > CD Z E ` O. o O O N N cf . E w 0 (LQ >, ca O N Z � -� ° � dao o 8� ; M40 � ' � � � � a � � a N N U d1 . N rn V '�C. U B a) c ` ` to d G r O o a N �. ,O s v Ic = � . : .° m o o o rn a o o . �.; .Z 06 U CU � � � > _ YOU R L C . H C r N `- O J 0 L C C �. �_-' ° `C C — v — . �_ a� <nW � �- , , mb � .� rn � Cpm � Nw � w H �>' C3J1° „ ' ` 1°- , `� aQ ` OzUI° � FO— °ice Z N W dly .+ E0z LCL 0 cu wo 0Q o O O O Z 0 O N (4 4 t6 U) LO LO toImo- p �- N M V In CO ti co ar rr rr rr rr �r rr rr ■r +r �r r ar • �r rr r ar ar �r r - CONTRACTOR'S CERTIFICATION : ' UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed below; (2 ) title of all Work , materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in ' accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act, as Amended ) have been paid and discharged , and that I have no claims against the OWNER. Dated (CONTRACTOR) By: State of County of Subscribed and swom to before me this day of Notary Public My Commission expires : NOTICE OF NON-PAYMENT. If one or more "Notice of Non-Payment " or "Notice to Owner' is received by the OWNER, no further payments will be approved until non- payment(s) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non-Payment" or "Notice to Owner. " CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER WHERE APPLICABLE I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial ' Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. r Dated (ARCHITECT / ENGINEER) SIGNATURE r 00622 -2 0219-00622 - Contractor's Application for Payment F:\Engineering\Capital Projects\0219-IGtching Station Trailhead10219 Niching-Contract Docs\0219-00622 - Contractor's Application for Payment.doc Rev. 05/01 CERTIFICATION OF ENGINEER / INSPECTOR : I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate , that the Contractor is observing the requirements of the Contract , and that the Contractor should be paid the amount requested above . Dated (ARCHITECT / ENGINEER) SIGNATURE Accompanying Documentation : [The Remainder of Page Intentional Left Blankl r r r ' 00622 -3 0219-00622 - Contractor's Application for Payment FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00622 - Contractors Application for Payment.doc Rev. 05/01 PROJECT NAME : Kitching Station Trailhead PROJECT NO. : 0219 CONTRACTOROF PAY REQUEST NO. : DATE : BID BID SCHEDULE QUANTITY PERCENT AMOUNT ITEM ITEM ESTIMATED BID UNIT OF VALUES COMPLETED AMOUNT COMPLETE MATERIAL COMPLETED NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT TO DATE (%) STORED AND STORED 101 MOBILIZATION I LS 102 MAINTENANCE OF TRAFFIC 1 IS 103 AS-BUILT DRAWINGS I IS 104 EROSION AND WATER PLLUTION 1 IS CONTROL 110 CLEARING AND GRUBBING 1 LS 120 GRADING 1 LS 160 STABILIZATION - TYPE B 431 SY 285 CEMENTED COQUINA BASE6" 415 SY 285 CEMENTED COQUINA BASE (4" 2750 LF PATH 331 TYPE S ASPHALY CONCRETE - 1 " S. 415 SY III 430 4" THICK CONCRETE SIDEWALK 90 SY 550 FENCING 1 LS 575 SOD BAHIA 710 SY 580 SIGNING AND PAVEMENT I IS MARKINGS 711 TRAFFIC MARKINGS 1IS AMOUNT: $0. 00 AMOUNT COMPLETED TO DATE RETAINAGE AT 10% SUB-TOTAL LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR , m [Note : Total Schedule of Values Amount should equal the current Contract Price.] * * END OF SECTION 00622 -5 0219-00622 - Contractor's Application for Payment F:\Englneering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00622 - Contractor's Application for Payment.doc Rev. 05/01 - ' SECTION 00632 CONTRACTOR ' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County, Florida , a political subdivision of said state , did on the day of , 20 , enter into a contract for the performance of certain work, more particularly described as follows : KITCHING STATION TRAILHEAD INDIAN RIVER COUNTY PROJECT #0219 UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that: 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract ' Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents , 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632 — Contractor's Final Certification of the Work 00632= 1 F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00632 - Contractor's Final Certification .doc 5 . The Work is complete and ready for final acceptance by the OWNER. 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . ' (Corporate Seal ) (Contractor) By: 1 Subscribed and sworn to before me this _ day of , 20 ' Notary Public State of Florida_ at Large My Commission expires : + + END OF SECTION + + 00632 — Contractor's Final Certification of the Work 00632-2 R16ngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00632 - Contractor's Final Ceriification .doc SECTION 00634 = PROFESSIONAL SURVEYOR AND MAPPER' S CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR' S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by: ( Insert name of CONTRACTOR) Who is the CONTRACTOR for the following Project: PROJECT NAME : KITCHING STATION TRAILHEAD INDIAN RIVER COUNTY PROJECT # 0219 I FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below. [Attach additional sheets as necessary] ( SURVEYOR'S SEAL) CERTIFIED BY: Printed Name : Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: Company Name : Company Address : Telephone Number: 0219-00634 - Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work 00ct D 00634 - 1 :\E Fngineering\Capital Projects\0219-latching Station Trailhead\0219 Kitching-Contrail oa\0219-00634 - Professional Surveyor and Mappers Certification as to Qevations and Locations of the Work.doc Rev. 06/01 ' SECTION 00640 — CERTIFICATION REGARDING DEBARMENTS9 SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION — LOWER TIER FEDERALLY FUNDED TRANSACTIONS REQUIRED FOR ALL CONTRACTORS AND SUBCONTRACTORS 1 . The undersigned hereby certifies that neither it nor its principals is presently debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency. 2 . The undersigned also certifies that it and its principals : (a ) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining , attempting to obtain , or performing a public ( Federal , State or local ) transaction or contract under a public transaction ; violation of Federal or State anti-trust statutes or commission of embezzlement , theft , forgery, bribery, falsification or destruction of records , making false statements , or receiving stolen property. (b ) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity ( Federal , State or local ) with commission of any of the offenses enumerated in paragraph 2 . (a ) of this Certification ; and (c) Have not within a three-year period preceding this certification had one or more public transactions ( Federal , State or local ) terminated for cause or default. 3 . Where the undersigned is unable to certify to any of the statements in this certification , an explanation shall be attached to this certification . Dated this day of , 20 By Authorized Signature/Contractor Typed Name/Title ' Contractor's Firm Name Street Address Building , Suite Number City/State/Zip Code Area Code/Telephone Number DEP FORM 11 -043 Rev(05/95) 00640- 1 00640 — Debarments , Suspension , Ineligibility, etc. F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00640 - Debarments , Suspension , Ineligibility, etc.doc ' INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT , SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION = ILOWER TIER FEDERALLY FUNDED TRANSACTIONS ' 1 . By signing and submitting this form , the certifying party is providing the certification set out below. 2 . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into . If it is later determined that the certifying party knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government , the Department of Environmental Protection ( DEP ) or agencies with which this transaction originated may pursue available remedies , including suspension and/or debarment . 3 . The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . 4 . The terms covered transaction , debarred , suspended , ineligible , lower tier covered transaction , participant, person , primary covered transaction , principal , proposal , and voluntarily excluded , as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations . 5 . The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into , it shall not knowingly enter into any lower tier contract , or other covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the DEP or agency with which this transaction originated . 6 . The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction , " without modification , in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions . 7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each participant may, but is not required to , check the Nonprocurement List (Telephone No . (202 ) 5014740 or (202 ) 5014873 . ) 8 . Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause . The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings . 9 . Except for transactions authorized under paragraph 5 of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered 00640-2 00640 — Debarments , Suspension , Ineligibility , etc. F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00640 - Debarments, Suspension, Ineligibility, etc.doc transaction with a person who is suspended , debarred , ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government , the DEP or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment . DEP FORM 11 -043 Rev(05/95) * * END OF SECTION * * 00640-3 00640 — Debarments , Suspension , Ineligibility , etc. F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00640 - Debarments, Suspension , Ineligibility, etc.doc SECTION 00642 - RELEASE OF CLAIMS BY CONTRACTOR ON EPA SUBAGREEMENT- REQUIRED FOR ALL CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR hereby releases the Florida Department of Environmental Protection (FDEP) and ' the U. S . Environmental Protection Agency (EPA) from any and all claims that may arise under, or by virtue of, the Contract, except those claims which may be specifically exempted and set forth herein . Specific Exemptions : (attach additional sheet(s) if necessary) DEP CONTRACT NO . : WM803 CONTRACTOR: SIGNATURE OF AUTHORIZED INDIVIDUAL DATE r TITLE : NOTARY : STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 Signature of Notary Public Print, Type or Stamp Commissioned Name of Notary Public Personally Known or Produced Identification Type of Identification Produced * * END OF SECTION 00642- 1 00642 — Release of Claims Form F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00642 - Release of Claims Form.doc SECTION 00644 - DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C . 1352 (See reverse for public burden disclosure.) 1 . Type of Federal Action : 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application Ela. initial filing b. grantb. material change c . cooperative agreement b. initial award d. loan c. post-award For Material Change Only: e. loan guarantee £ loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI) : differentfrom No. IOa) (last name, first name, MI) : attach Continuation Sheets SF-LLL-A, if necessary) Signature: 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the der above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not Telephone No. : Date: less than 5101000 and not more than 5100,000 for each such failure. Federal, Use Only Authorized for Local Reproduction Standard Form — LLL (Rev 7 — 97) 00644- 1 00644 — Disclosure of Lobbying Activities F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00644 - Disclosure of Lobbying Activities.doc INSTRUCTIONS FOR COMPLETION OF SF-LLLq DISCLOSURE OF LOBBYING ACTIVITIES 1 This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352 . The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1 . Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2 . Identify the status of the covered Federal action. 3 . Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Sabawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known: 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. ' 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001 " 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11 . The certifying official shall sign and date the form, print his/her name, title and telephone number. * * END OF SECTION 00644-2 00644 — Disclosure of Lobbying Activities FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00644 - Disclosure of Lobbying Activities.doc This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or 1 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 1 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 IConstruction Specifications Institute [seal] These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A4 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) 1 1 1 1 1 1 1 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 00700-2 ' Standard General Conditions of the Construction Contract PROJECT TABLE OF CONTENTS Page ARTICLE1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 1 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .6 1 .02 Terminology- . , . , , . , . . . . . . . . . . . . . . . . . . . . . . . . . . .. & a 000 . . . . 0 * 00 . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . a . . . . . . . . . . . . . . . .. . . . . . .. . . . .9 ARTICLE 2 - PRELINIINARY MATTERS , . . . . . .. . . . . . . . . 2 .01 Delivery of Bonds . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .9 2 .02 Copies of Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .9 2 .03 Commencement of Contract Times; Notice to Proceed. " . . , . . " , , I I " , ' Ile 0 too . . . 9 . . . . . . . . . . .. . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . .9 2 .04 Starting the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 .05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 10 2 .06 Preconstruction Conference, " , ' , , ' , ' , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 984964 10 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE . . . . . " . , . . . . . . . . 111111111111160 . 0 . . . . . . . . . . . . . off " I ' ll , 11 3 .01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .... . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . 11 Reference Standards 3 .02 Re . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 l 3 .03 Reporting and Resolving Discrepancies . . . . . " . . , . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . l 3 .04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . .. 1 l 3 .05 Reuse of Documents . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ' ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS10 000 0000 . 0 . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .. . . . . . . . . . . . . . . .. . . . .. . . . . . . . .. . . . . . .. . . . ... . . . . .. 12 4.01 Availability of Lands . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. 12 4.02 Subsurface and Physical Conditions . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 12 ' 4.03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . 13 4.04 Underground Facilities . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . 14 4.05 Reference Points . . " ,, . . . " . . . . I . . . . . I I I I I I I I I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . memo 14 4.06 Hazardous Environmental Condition at Site . . . . 111 . 1166004010 00 11 . 11 . . . . . . . . . 1. 114 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . .... 16 5 .01 Performance, Payment, and Other Bonds . . . . , . . . . 004 0 . 0 11 " , " , egg * memo 9 *** 099111111111. .. .116 5 .02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .03 Certificates of Insurance . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . 16 5 .04 CONTRACTOR 's Liability Insurance. . I I I I I . . . am . . . 0006000 . . . " I ' ll " . . . . . . . . . .. 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .* see * . . . . . . . . . . 16 5 .05 0WNER 's Liability Insurance. . . . . . . . . .. . . . . . . . .... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . .. . . 17 5 .06 Property Insurance . . . . . .. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . 17 5 .07 Waiver of Rights . . . . . . . . . .. . . . . . .. . . . . . . . . .. . . . .. .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 18 1 5 .08 Receipt and Application of Insurance Proceeds " . " , . . . . . . . . . . . . . . . . . . . . . ... 6 . 00000000 * 0 . . .. . 19 5 .09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 . 10 Partial Utilization, Acknowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 19 ' ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES' . . . . . . . I , , I I 1 1009 , * 6069 & GOP * * I , , . . . . . . . . . . . . . . . 84 ,46 , 19 6.01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 19 6.02 Labor; Working Hours . , , , , . , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 6.03 Services, Materials, and Equipment . . . met . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .20 6.04 Progress Schedule . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .20 6.05 Substitutes and "Or-Equals " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ..21 6.07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 00700-3 ' Standard General Conditions of the Construction Contract PROJECT ' 6.08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6. 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6. 11 Use of Site and Other Areas . . . . . " . . . " . . . . . . Go am 0 0 am & * sell , I I I I I I I I I I . . 0 00 0 0 message a 0 . . . . I I I I I I mass I I I I I I I I I I I . 1 . 1 . . 6 . * 6 . . . 0 . . . . . . . . . I . . . I I . 1 . 11 . a ' . , 0 024 6. 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 6. 14 Safety Representative . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . mass , . . . I I I I I I . 0 a 6 , 0 0 0 9 0 . . 0 a 0 a I I I I I I I . I . I I I I 1 4 0 0 0 0 0 0 . . . . . 0 . . I I I I I I I . I I I . . . I . . . . . . . . . . . " . .25 6. 15 Hazard Communication Programs . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .25 6. 16 Emergencies . . . . . . . seem . . . . . . . . . . . . . . . . 6. 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6. 18 Continuing the Works . . , . . . . ' I ' s . . . . same . . . . 00111 , . . . I seems I I I 1 026 6. 19 CONTRACTOR 's General Warranty and Guarantees . . " . . . . . . . , . . . . . . . . . 0 . . . . . . . . 041 . 1 . 1 . . . . . . . . 1 . * 6 . 644069926 6.20 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . .28 7.01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . .28 7.02 Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .28 ARTICLE 8 - OWNER' S RESPONSIBILITIES . . . . . . . . . . ... . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . .28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .01 Communications to Contractor. . I I I I I I I I I . . 1 0 a a 0 0 9 0 . a & a & 9 0 . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . 640 . . . 0 * 00 0 0 00 . . .. . . . . . . . . . . 128 8.02 Replacement of ENGINEER, . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .28 8 .03 Furnish Data . . . . . . . . . . . . mass . . . . . . . . . . . . . . . # & * * a 0 000609 . . , . . . . .. .. . . .. . . . . . . . . . . . . . . . . . . go 09 , 6 * 04444 * * . , * , a . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 0 . to . . . . .28 8 .04 Pay Promptly When Due . . . . . . . . " . . . . 0 GO . * . * Mao 0 111110060 * 6096 mass . . . . . . . . . .. . . . . . . . . & * * & @ * * off . . . . . . . . . . . . . . . .28 1 8 .05 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .29 8 ,06 Insurance . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 .07 Change Orders . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .29 8 .08 Inspections, Tests, and Approvals . , ' . . . . . . . . " I ' ll " . . . mass , . . . 6 * 000 . . . . . . . . . .. . . . . . . . . 6 * 6 * 6 * 040 . 4000 . . . . . . . . .. . .29 8 .09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .29 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .29 8 . 11 Evidence of Financial Arrangements' . . . . . . . " . . . . , . . . . mass . . . . " I . . . . . . . . . . . . . . . 00 . . . . . . me@ * * , . . . . . . . . . . . . . . . . . . . . . . oo . o . aa . 6 . . . . . . . . . . . . . . . .. . . . . .29 ' ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .29 9 .01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .29 9 .02 Visits to Site . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .29 9.03 Project Representative . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .29 9.04 Clarifications and Interpretations, . . . . . a . . . . . . . . . I . . . . . . " I ' ll" a .. . . . . . . . . . . . . . . . . . . . . . . . .30 9 .05 Authorized Variations in Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ......... .. . .30 9.06 Rejecting Defective Work . . . . . . . . . . . . . . . . .. .... . . .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . .. . .. .. . . .. . . . . . . . . . . . . . . . . .30 9 .07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . 111 . 1 . . . . . . . . . . . . . . . . 060 , . . . . 0 * 06066 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 069084 *6966999 .. . 130 9 .09 Decisions on Requirements of Contract Documents and Acceptability of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . ..30 9. 10 Limitations on ENGINEER 's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .31 ARTICLE10 - CHANGES IN THE WORK; CLAIMS . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . .. . .31 10.01 Authorized Changes in the Work . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . .. ..31 10.02 Unauthorized Changes in the Works . , . . . . . . does . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 10.03 Execution of Change Orders . , ,, , . " , ' , , " mass som . " stopoo . . . . . . . . . . . . . . . P . 0060 * 0 . . . 0000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . 111111111111111 . 0 .11131 10.04 Notification to Surety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . .. . . . . . . . . .32 ' 10.05 Claims and Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .32 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .32 11 .01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 11 .02 Cash Allowances . . .34 11 .03 Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 00700-4 Standard General Conditions of the Construction Contract PROJECT ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . .. . . . • • • • • • • • • • • • • • • • • • • • • • • • • •• • • • • 35 _ 12.01 Change of Contract Price . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..35 12 .02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ' 12.03 Delays Beyond CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 12 .04 Delays Within CONTRACTOR 's Control . . . . . " . . . . " , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660004000000 . . . . . . . . . . . . . . . . . . to 0000* 00036 12 .06 Delay Damages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 13 .01 Notice of Defects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 13 .02 Access to Work . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .37 13 .03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . .37 ' 13 .04 Uncovering Work . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 13 .05 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .38 13 .06 Correction or Removal of Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 13 . 07 Correction Period. . . . .. . . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .38 13 .08 Acceptance of Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 13 .09 OWNER May Correct Defective Work. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 ARTICLE 14 ON PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 0 * 004 * 0 . . . . . . . . . . . . . . . . . 1111 39 14.01 Schedule of Values . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 14.02 Progress Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .39 14.03 CONTRA CTOR 's Warranty of Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .41 14 .04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 14.05 Partial Utilization . . " . . . . . . . I ' ll , . . . . . . . . . . . . . . . . 09 . 6 & 6 * 6 . . . . . . . . . . . . . . . * & @go . * so 0606 & * . . . . . . . . . . . . . . . . . . . . . meet * a , * * . . . . . . . . . . . . . . . . . . .42 14.06 Final Inspection . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . .. . .42 ' 14.07 Final Payment . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 14 .09 Waiver of Claims . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . .43 ' ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 15 .01 OWNER May Suspend Work . . . I I I I I I . . I I I I I I. I I I I I 1 0 11 . . . . . . . . . . 15 .02 OWNER May Terminate for Cause, . I I I I I I . I I I I I . 00 0 , . . 0 a 0 0 6 & & . . . . . . . . 0 . . . . . . ' age 60 . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 44 , 0111 ,43 ' 15 .03 OWNER May Terminate For Convenience . . . . . . , . , 1111111669 . . 111114 15 .04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 ARTICLE16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 16 .01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 ARTICLE17 Me MISCELLANEOUS . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . .45 17 .01 Giving Notice . . , " I . . . . . . . . . . . . . . . . 00 . 4000 . 1 1 . . . . . . . . . . . . . . . .1 . 11 , 11 , 11 . 0 . . . a & * . . . . . . . . . . . . . . . . . . . .. .45 17.02 Computation of Times . . . . . . . . .. . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .45 17 .03 CumulativeRemedies . . . . ... . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .45 ' 17 .04 Survival of Obligations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . .45 17 .05 Controlling Law . . .45 00700-5 ' Standard General Conditions of the Construction Contract PROJECT GENERAL CONDITIONS , NOTE : SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY CONDITIONS. IN THESE INSTANCES THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIED ' HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR' S CONVENIENCE. REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 8 . Bonds—Performance and payment bonds and other instruments of security. 1 .01 Defined Terms 9 . Change Order—A document recommended by ENGINEER which is signed by CONTRACTOR and A. Wherever used in the Contract Documents and OWNER and authorizes an addition, deletion, or revision in ' printed with initial or all capital letters, the terms listed the Work or an adjustment in the Contract Price or the below will have the meanings indicated which are Contract Times, issued on or after the Effective Date of the applicable to both the singular and plural thereof. Agreement. ' 1 . Addenda—Written or graphic instruments 10. Claim--A demand or assertion by OWNER or issued prior to the opening of Bids which clarify, correct, or CONTRACTOR seeking an adjustment of Contract Price or change the Bidding Requirements or the Contract Contract Times, or both, or other relief with respect to the Documents. terms of the Contract. A demand for money or services by a third party is not a Claim 2. Agreement—The written instrument which is ' evidence of the agreement between OWNER and 11 . Contract—The entire and integrated written CONTRACTOR covering the Work. agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior 3 . Application for Payment—The form negotiations, representations, or agreements, whether ' acceptable to ENGINEER which is to be used by CON- written or oral. TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied 12 . Contract Documents—The Contract Docu- by such supporting documentation as is required by the meats establish the rights and obligations of the parties and Contract Documents. include the Agreement, Addenda (which pertain to the Con- tract Documents), CONTRACTOR' s Bid (including docu- 4 . Asbestos—Any material that contains more mentation accompanying the Bid and any post Bid than one percent asbestos and is friable or is releasing documentation submitted prior to the Notice of Award) asbestos fibers into the air above current action levels when attached as an exhibit to the Agreement, the Notice to established by the United States Occupational Safety and Proceed, the Bonds, these General Conditions, the Health Administration. Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the 5 . Bid—The offer or proposal of a bidder submit- Agreement, together with all Written Amendments, Change ted on the prescribed form setting forth the prices for the Orders, Work Change Directives, Field Orders, and Work to be performed. ENGINEER' s written interpretations and clarifications issued on or after the Effective Date of the Agreement. 6, Bidding Documents—The Bidding Approved Shop Drawings and the reports and drawings of ' Requirements and the proposed Contract Documents (in- subsurface and physical conditions are not Contract cluding all Addenda issued prior to receipt of Bids). Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in 7 . Bidding Requirements--The Advertisement or electronic media format of text, data, graphics, and the like Invitation to Bid, Instructions to Bidders, Bid security form, that may be furnished by OWNER to CONTRACTOR are if any, and the Bid form with any supplements. not Contract Documents . r 00700-6 ' Standard General Conditions of the Construction Contract PROJECT 13 . Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work in 24. Hazardous Waste—The term Hazardous accordance with the Contract Documents as stated in the Waste shall have the meaning provided in Section 1004 of ' Agreement (subject to the provisions of paragraph 11 .03 in the Solid Waste Disposal Act (42 USC Section 6903 ) as the case of Unit Price Work) . amended from time to time. ' 14. Contract Times--The number of days or the 25 . Laws and Regulations; Laws or Regulations-- dates stated in the Agreement to: (i) achieve Substantial Any and all applicable laws, rules, regulations, ordinances, Completion; and (ii) complete the Work so that it is ready codes, and orders of any and all governmental bodies, ' for final payment as evidenced by ENGINEER's written agencies, authorities, and courts having jurisdiction. recommendation of final payment. 26. Liens—Charges, security interests, or 15 . CONTRACTOR—The individual or entity with encumbrances upon Project funds, real property, or personal whom OWNER has entered into the Agreement. property. 16. Cost of the Work—See paragraph I LOLA for 27 . Milestone--A principal event specified in the definition. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the 17. Drawings—That part of the Contract Work. Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the 28 . Notice of Award--The written notice by Work to be performed by CONTRACTOR. Shop OWNER to the apparent successful bidder stating that upon Drawings and other CONTRACTOR submittals are not timely compliance by the apparent successful bidder with Drawings as so defined. the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 18 , Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, 29 . Notice to Proceed—A written notice given by ' but if no such date is indicated, it means the date on which OWNER to CONTRACTOR fixing the date on which the the Agreement is signed and delivered by the last of the two Contract Times will commence to run and on which parties to sign and deliver. CONTRACTOR shall start to perform the Work under the ' 19. ENGINEER—The individual or entity named Contract Documents. as such in the Agreement. 30. OWNER—The individual, entity, public body, or authority with whom CONTRACTOR has entered into ' 20. ENGINEER 's Consultant--An individual or the Agreement and for whom the Work is to be performed. entity having a contract with ENGINEER to famish services as ENGINEER' s independent professional 31 . Partial Utilization—Use by OWNER of a associate or consultant with respect to the Project and who substantially completed part of the Work for the purpose for is identified as such in the Supplementary Conditions, which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 21 . Field Order—A written order issued by ENGINEER which requires minor changes in the Work but 32 . PCBs—Polychlorinated biphenyls , which does not involve a change in the Contract Price or the Contract Times. 33 . Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of 22. General Requirements—Sections of Division temperature and pressure (60 degrees Fahrenheit and 14.7 1 of the Specifications. The General Requirements pertain pounds per square inch absolute), such as oil, petroleum, ' to all sections of the Specifications. fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 23 . Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, 34 . Project—The total construction of which the ' Hazardous Waste, or Radioactive Material in such Work to be performed under the Contract Documents may quantities or circumstances that may present a substantial be the whole, or a part as may be indicated elsewhere in the danger to persons or property exposed thereto in connection Contract Documents, with the Work. 00700 - 7 35 . Project Manual--The bound documentary 44 . Supplementary Conditions—That part of the - information prepared for bidding and constructing the Contract Documents which amends or supplements these ' Work. A listing of the contents of the Project Manual, General Conditions. which may be bound in one or more volumes, is contained in the table(s) of contents. 45 . Supplier—A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct 36 . Radioactive Material—Source, special nucle- contract with CONTRACTOR or with any Subcontractor to ar, or byproduct material as defined by the Atomic Energy furnish materials or equipment to be incorporated in the Act of 1954 (42 USC Section 2011 et seq.) as amended Work by CONTRACTOR or any Subcontractor. ' from time to time. 46. Underground Facilities—All underground 37. Resident Project Representative--The autho- pipelines, conduits, ducts, cables, wires, manholes, vaults, rized representative of ENGINEER who may be assigned to tanks, tunnels, or other such facilities or attachments, and the Site or any part thereof. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum 38 . Samples—Physical examples of materials, products, telephone or other communications, cable ' equipment, or workmanship that are representative of some television, water, wastewater, storm water, other liquids or portion of the Work and which establish the standards by chemicals, or traffic or other control systems . which such portion of the Work will be judged. 47. Unit Price Work—Work to be paid for on the 39. Shop Drawings--All drawings, diagrams, basis of unit prices. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- 48 . Work—The entire completed construction or TRACTOR and submitted by CONTRACTOR to illustrate the various separately identifiable parts thereof required to some portion of the Work. be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, ' 40. Site—Lands or areas indicated in the Contract services, and documentation necessary to produce such Documents as being furnished by OWNER upon which the construction, and furnishing, installing, and incorporating Work is to be performed, including rights-of-way and all materials and equipment into such construction, all as easements for access thereto, and such other lands furnished required by the Contract Documents. by OWNER which are designated for the use of CONTRACTOR 49 . Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of ' 41 . Specifications—That part of the Contract the Agreement and signed by OWNER and recommended Documents consisting of written technical descriptions of by ENGINEER ordering an addition, deletion, or revision materials, equipment, systems, standards, and workmanship in the Work, or responding to differing or unforeseen as applied to the Work and certain administrative details subsurface or physical conditions under which the Work is ' applicable thereto . to be performed or to emergencies . A Work Change Directive will not change the Contract Price or the Contract 42 . Subcontractor—An individual or entity having Times but is evidence that the parties expect that the change ' a direct contract with CONTRACTOR or with any other ordered or documented by a Work Change Directive will be Subcontractor for the performance of a part of the Work at incorporated in a subsequently issued Change Order the Site. following negotiations by the parties as to its effect, if any, ' on the Contract Price or Contract Times. 43 . Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the 50. Written Amendment—A written statement point where, in the opinion of ENGINEER, the Work (or a modifying the Contract Documents, signed by OWNER and ' specified part thereof) is sufficiently complete, in CONTRACTOR on or after the Effective Date of the accordance with the Contract Documents, so that the Work Agreement and normally dealing with the nonengineenng or (or a specified part thereof) can be utilized for the purposes nontechnical rather than strictly construction-related aspects for which it is intended. The terms "substantially complete" of the Contract Documents. and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 00700 - 8 1 . 02 Terminology - A. Intent of Certain Terms or Adjectives 2 . The-werd «insta4l,„ when used in eemee- 1 . Whenever in the Contract Documents the fien with-serviees, materials , er equipment-, shall terms "as allowed," "as approved," or terms of like mean to pu4 We use or- plac-e in final pesitien said. effect or import are used, or the adjectives "reasonable," serviees, maerials, "suitable," "acceptable," "proper," "satisfactory," or ready fer- intended use. adjectives of like effect or import are used to describe ' an action or determination of ENGINEER as to the 3 . The werds`der m}" er"grevide," when Work, it is intended that such action or determination fed in cv;3eefien with services, materials, eF will be solely to evaluate, in general, the completed mentt, shall mean to fionish and insta]4 said Work for compliance with the requirements of and , ' information in the Contract Documents and confor- €er-inteaded use. mance with the design concept of the completed Project as a functioning whole as shown or indicated in the Paragraph DA has been deleted in its entirety. ' Contract Documents (unless there is a specific statement 4 . When "€pis " "install," 4!r em�er '!Pr-e- indicating otherwise). The use of any such term or vide" is net used in eenneetieev4ffi—ser,z�s; adjective shall not be effective to assign to ENGINEER matefials, any duty or authority to supervise or direct the an obligatien e€ G01h :RAG1 QPr,4!previde" is performance of the Work or any duty or authority to imglied. undertake responsibility contrary to the provisions of paragraph 9. 10 or any other provision of the Contract E. Unless stated otherwise in the Contract Docu- Documents. ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the B . Day Contract Documents in accordance with such recognized ' meaning. 1 . The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. ARTICLE 2 - PRELIMINARY MATTERS C. Defective 2 . 01 Delivery of Bonds 1 . The word "defective," when modifying ' the word "Work," refers to Work that is A. When CONTRACTOR delivers the executed unsatisfactory, faulty, or deficient in that it does not Agreements to OWNER, CONTRACTOR shall also deliver conform to the Contract Documents or does not to OWNER such Bonds as CONTRACTOR may be meet the requirements of any inspection, reference required to furnish. standard, test, or approval referred to in the Contract Documents, or has been damaged prior to 2 .02 Copies of Documents ' ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has A. OWNER shall furnish to CONTRACTOR up to been assumed by OWNER at Substantial ten copies of the Contract Documents . Additional copies ' Completion in accordance with paragraph 14.04 or will be famished upon request at the cost of reproduction. 14.05). 2 . 03 Commencement of Contract Times; Notice to Paragraphs D.1, 2 and 3 have been deleted and replaced Proceed ' by new paragraphs. See the Supplementary Conditions. D. Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if i , The—weff-d. "fumish,—when- used in a Notice to Proceed is given, on the day indicated in the equipment, Notice to Proceed. A Notice to Proceed may be given at shag fnean to supply and deliver- said s any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening 00700 - 9 or the thirtieth day after the Effective Date of the Paragraph 2.05.0 has been deleted and replaced with -a - Agreement, whichever date is earlier. new paragraph. See the Supplementary Conditions. E. Hwidenee of 3fmuranee: nef re . . 117 1 t 4, 2. 04 Starting the Work Site is started, GO.1hRzRAGTQR and OWNER shall eae A. CONTRACTOR shall start to perform the Work identified i the Supple... en6 y Gendi , .+:a , f on the date when the Contract Times continence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. whieh CONTRACTOR and OWMBR r-espee&e1y tee ' 2 .05 Before Starting Construction Affiele T A. CONTRACTOR 's Review of Contract Documents: Paragraph 2.06.A has been deleted and replaced with a ' Before undertaking each part of the Work, new paragraph. See the Supplementary Conditions. CONTRACTOR shall carefully study and compare the 2 . 06 Preconstruction Conference Contract Documents and check and verify pertinent figures therein and all applicable field measurements. A. Within 20 days after the CV V'Oct 'Times s�� o CONTRACTOR shall promptly report in writing to mi% but be f "r,ixx oro "t the Site : "taFted c ..Y� ,..._ .... .�..., 4 .,tutu. ENGINEER any conflict, error, ambiguity, or discrepancy attended by GOA I A(;FQ x:NGP des,,-as which CONTRACTOR may discover and shall obtain a apprmepriate will be held to establish a ,veFkins written interpretation or clarification from ENGINEER under-standing ameng the paFfies as to the WeFk and to before proceeding with any Work - affected thereby; diseass the schedules re€effed to gmp 2.0;B, however, CONTRACTOR shall not be liable to OWNER pmeed»es €er handling Shop lfam*s and otherr or ENGINEER for failure to report any conflict, error, subm}t#als,preeessing—Appheatiensfer- -Paye=ent, and ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. 2 .07 Initial Acceptance of Schedules B . Preliminary Schedules: Within ten days after the A. Unless otherwise provided in the Contract Docu- Effective Date of the Agreement (unless otherwise specified ments, at least ten days before submission of the first in the General Requirements), CONTRACTOR shall Application for Payment a conference attended by CON- submit to ENGINEER for its timely review: TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided 1 . a preliminary progress schedule indicat- below the schedules submitted in accordance with ing the times (numbers of days or dates) for starting paragraph 2.05 .B . CONTRACTOR shall have an and completing the various stages of the Work, additional ten days to make corrections and adjustments and including any Milestones specified in the Contract to complete and resubmit the schedules . No progress Documents; payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER 2 , a preliminary schedule of Shop Drawing ' and Sample submittals which will list each required 1 . The progress schedule will be acceptable submittal and the times for submitting, reviewing, to ENGINEER if it provides an orderly progression and processing such submittal; and of the Work to completion within any specified Milestones and the Contract Times. Such accep- t 3 . a preliminary schedule of values for all of tance will not impose on ENGINEER responsibility the Work which includes quantities and prices of for the progress schedule, for sequencing, schedul- items which when added together equal the Contract ing, or progress of the Work nor interfere with or Price and subdivides the Work into component parts relieve CONTRACTOR from CONTRACTOR's in sufficient detail to serve as the basis for progress full responsibility therefor. payments during performance of the Work. Such ' prices will include an appropriate amount of 2. CONTRACTOR's schedule of Shop overhead and profit applicable to each item of Drawing and Sample submittals will be acceptable Work. to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 00700 - 10 r OWNER, ENGINEER, or any of ENGINEER's - 3 . CONTRACTOR' s schedule of values Consultants, agents, or employees any duty or will be acceptable to ENGINEER as to form and authority to supervise or direct the performance of substance if it provides a reasonable allocation of the the Work or any duty or authority to undertake Contract Price to component parts of the Work. responsibility inconsistent with the provisions of the Contract Documents . ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, 3 .03 Reporting and Resolving Discrepancies AMENDING, REUSE A. Reporting Discrepancies 3 .01 Intent 1 . If, during the performance of the Work, ' CONTRACTOR discovers any conflict, error, ambi- A. The Contract Documents are complementary; guity, or discrepancy within the Contract Documents what is called for by one is as binding as if called for by all. or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the performance of the Work or of any standard, B . It is the intent of the Contract Documents to specification, manual or code, or of any instruction describe a functionally complete Project (or part thereof) to of any Supplier, CONTRACTOR shall report it to be constructed in accordance with the Contract Documents. ENGINEER in writing at once. CONTRACTOR Any labor, documentation, services, materials, or equip- shall not proceed with the Work affected thereby ment that may reasonably be inferred _ from the Contract (except in an emergency as required by paragraph Documents or from prevailing custom or trade usage as 6. 16.A) until an amendment or supplement to the being required to produce the intended result will be Contract Documents has been issued by one of the provided whether or not specifically called for at no methods indicated in paragraph 3 .04; provided, additional cost to OWNER. however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any C. Clarifications and interpretations of the Contract such conflict, error, ambiguity, or discrepancy unless Documents shall be issued by ENGINEER as provided in CONTRACTOR knew or reasonably should have Article 9 . known thereof. r3 .02 Reference Standards B . Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1 . Except as may be otherwise specifically Regulations stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in 1 . Reference to standards, specifications, resolving any conflict, error, ambiguity, or manuals, or codes of any technical society, organiza- discrepancy between the provisions of the Contract tion, or association, or to Laws or Regulations, Documents and: whether such reference be specific or by implication, shall mean the standard, specification, manual, a, the provisions of any standard, code, or Laws or Regulations in effect at the time of specification, manual, code, or instruction opening of Bids (or on the Effective Date of the (whether or not specifically incorporated by ' Agreement if there were no Bids), except as may be reference in the Contract Documents); or otherwise specifically stated in the Contract Documents. b. the provisions of any Laws or Regulations applicable to the performance of the 2. No provision of any such standard, Work (unless such an interpretation of the provi- specification, manual or code, or any instruction of a sions of the Contract Documents would result in Supplier shall be effective to change the duties or violation of such Law or Regulation). responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- 3 .04 Amending and Supplementing Contract tants, agents, or employees from those set forth in Documents the Contract Documents, nor shall any such provision or instruction be effective to assign to 00700 - 11 A. The Contract Documents may be amended to result of any delay in OWNER's fiunishing the Site, _. provide for additions, deletions, and revisions in the Work CONTRACTOR may make a Claim therefor as provided in or to modify the terms and conditions thereof in one or paragraph 10.05 . more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B . Upon reasonable written request, OWNER shall fizmish CONTRACTOR with a current statement of record B . The requirements of the Contract Documents may legal title and legal description of the lands upon which the be supplemented, and minor variations and deviations in the Work is to be performed and OWNER's interest therein as Work may be authorized, by one or more of the following necessary for giving notice of or filing a mechanic's or ' ways : (i) a Field Order; (ii) ENGINEER' s approval of a construction lien against such lands in accordance with Shop Drawing or Sample; or (iii) ENGINEER' s written applicable Laws and Regulations . interpretation or clarification. C. CONTRACTOR shall provide for all additional 3 .05 Reuse of Documents lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- A. CONTRACTOR and any Subcontractor or ment. Supplier or other individual or entity performing or famishing any of the Work under a direct or indirect 4 . 02 Subsurface and Physical Conditions contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, A. Reports and Drawings: The Supplementary Specifications, or other documents (or copies of any Conditions identify: thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media 1 , those reports of explorations and tests of editions; and (ii) shall not reuse any of such Drawings, subsurface conditions at or contiguous to the Site Specifications, other documents, or copies thereof on that ENGINEER has used in preparing the Contract extensions of the Project or any other project without Documents; and written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER This 2, those drawings of physical conditions in prohibition will survive final payment, completion, and or relating to existing surface or subsurface struc- acceptance of the Work, or termination or completion of the tures at or contiguous to the Site (except Contract. Nothing herein shall preclude CONTRACTOR Underground Facilities) that ENGINEER has used from retaining copies of the Contract Documents for record in preparing the Contract Documents. purposes. B . Limited Reliance by CONTRACTOR on Technical ' A new Section, 3.06 — "Coordination of Plans, Data Authorized: CONTRACTOR may rely upon the Specifications, and Special Provisions" has been added. general accuracy of the "technical data" contained in such See the Supplementary Conditions. reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in ARTICLE 4 - AVAILABILITY OF LANDS ; the Supplementary Conditions. Except for such reliance on SUBSURFACE AND PHYSICAL CONDITIONS ; such "technical data," CONTRACTOR may not rely upon REFERENCE POINTS or make any Claim against OWNER, ENGINEER, or any of ENGINEER' s Consultants with respect to : 4.01 Availability of Lands 1 , the completeness of such reports and ' drawings for CONTRACTOR's purposes, including, A. OWNER shall furnish the Site. OWNER shall but not limited to, any aspects of the means, notify CONTRACTOR of any encumbrances or restrictions methods, techniques, sequences, and procedures of not of general application but specifically related to use of construction to be employed by CONTRACTOR, the Site with which CONTRACTOR must comply in and safety precautions and programs incident performing the Work. OWNER will obtain in a timely thereto; or manner and pay for easements for permanent structures or permanent changes in existing facilities. If CON- 2, other data, interpretations, opinions, and TRACTOR and OWNER are unable to agree on entitle- information contained in such reports or shown or ment to or on the amount or extent, if any, of any adjust- indicated in such drawings; or ment in the Contract Price or Contract Times, or both, as a 00700 - 12 3 . any CONTRACTOR interpretation of or performance of the Work; subject, however, to the - conclusion drawn from any "technical data" or any following: ' such other data, interpretations, opinions, or infor- mation. a. such condition must meet any one or more of the categories described in paragraph New Paragraphs 4.02.C, 4.02.1), and 4.02 .E have been 4 .03 .A; and ' added. See the Supplementary Conditions. b. with respect to Work that is paid for on a 4 .03 Differing Subsurface or Physical Conditions Unit Price Basis, any adjustment in Contract ' Price will be subject to the provisions of para- A. Notice: If CONTRACTOR believes that any graphs 9 .08 and 11 .03 . subsurface or physical condition at or contiguous to the Site ' that is uncovered or revealed either: 2 . CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract 1 , is of such a nature as to establish that any Times if. "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is a. CONTRACTOR knew of the existence materially inaccurate; or of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect 2 , is of such a nature as to require a change of Contract Price and Contract Times by the in the Contract Documents ; or submission of a Bid or becoming bound under a negotiated contract; or 3 , differs materially from that shown or indicated in the Contract Documents; or b. the existence of such condition could reasonably have been discovered or revealed as a 4. is of an unusual nature, and differs result of any examination, investigation, explo- materially from conditions ordinarily encountered ration, test, or study of the Site and contiguous and generally recognized as inherent in work of the areas required by the Bidding Requirements or character provided for in the Contract Documents; Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's then CONTRACTOR shall, promptly after becoming aware making such final commitment; or thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection c. CONTRACTOR failed to give the therewith (except in an emergency as required by paragraph written notice within the time and as required by 6. 16.A), notify OWNER and ENGINEER in writing about paragraph 4.03 .A. such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection Part of the second sentence of Paragraph 4.03.C3 has therewith (except as aforesaid) until receipt of written order been deleted. to do so. 3 . If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount ' B . ENGINEER 's Review: After receipt of written or extent, if any, of any adjustment in the Contract notice as required by paragraph 4 .03 .A, ENGINEER will Price or Contract Times, or both, a Claim may be promptly review the pertinent condition, determine the made therefor as provided in paragraph 10.05 , necessity of OWNER's obtaining additional exploration or However, OWNER, ENGINEER, and tests with respect thereto, and advise OWNER in writing ENGINEER' s Consultants shall not be liable to (with a copy to CONTRACTOR) of ENGINEER's findings CONTRACTOR for any claims, costs, losses, or and conclusions. damages (including but not limited to all fees and ' charges of engineers, architects, attorneys, and other C. Possible Price and Times Adjustments professionals and all court or dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any other Times, or both, will be equitably adjusted to the project or anticipated project, extent that the existence of such differing subsurface or physical condition causes an increase or decrease ' in CONTRACTOR's cost of, or time required for, 00700 - 13 4. 04 Underground Facilities 2 , If ENGINEER concludes that a change in= ._ the Contract Documents is required, a Work Change A. Shown or Indicated., The information and data Directive or a Change Order will be issued to reflect shown or indicated in the Contract Documents with respect and document such consequences. An equitable to existing Underground Facilities at or contiguous to the adjustment shall be made in the Contract Price or Site is based on information and data furnished to OWNER Contract Times, or both, to the extent that they are ' or ENGINEER by the owners of such Underground Facih- attributable to the existence or location of any ties, including OWNER, or by others . Unless it is otherwise Underground Facility that was not shown or expressly provided in the Supplementary Conditions : indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that 1 . OWNER and ENGINEER shall not be CONTRACTOR did not know of and could not responsible for the accuracy or completeness of any reasonably have been expected to be aware of or to such information or data; and have anticipated. If OWNER and CONTRACTOR ' are unable to agree on entitlement to or on the 2 , the cost of all of the following will be amount or extent, if any, of any such adjustment in included in the Contract Price, and CONTRACTOR Contract Price or Contract Times, OWNER or shall have full responsibility for: CONTRACTOR may make a Claim therefor as provided in paragraph 10.05 . a. reviewing and checking all such informa- tion and data, 4 .05 Reference Points b. locating all Underground Facilities A. OWNER shall provide engineering surveys to shown or indicated in the Contract Documents, establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- c. coordination of the Work with the TRACTOR to proceed with the Work. CONTRACTOR owners of such Underground Facilities, shall be responsible for laying out the Work, shall protect including OWNER, during construction, and and preserve the established reference points and property monuments, and shall make no changes or relocations d. the safety and protection of all such without the prior written approval of OWNER Underground Facilities and repairing any CONTRACTOR shall report to ENGINEER whenever any damage thereto resulting from the Work. reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades B . Not Shown or Indicated or locations, and shall be responsible for the accurate replacement or relocation of such reference points or 1 . If an Underground Facility is uncovered property monuments by professionally qualified personnel. or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated 4 .06 Hazardous Environmental Condition at Site with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after A. Reports and Drawings: Reference is made to the becoming aware thereof and before further Supplementary Conditions for the identification of those I disturbing conditions affected thereby or performing reports and drawings relating to a Hazardous Environmental any Work in connection therewith (except in an Condition identified at the Site, if any, that have been emergency as required by paragraph 6. 16.A), utilized by the ENGINEER in the preparation of the ' identify the owner of such Underground Facility and Contract Documents, give written notice to that owner and to OWNER and ENGINEER ENGINEER will promptly review B . Limited Reliance by CONTRACTOR on Technical the Underground Facility and determine the extent, Data Authorized: CONTRACTOR may rely upon the ' if any, to which a change is required in the Contract general accuracy of the "technical data" contained in such Documents to reflect and document the reports and drawings, but such reports and drawings are not consequences of the existence or location of the Contract Documents. Such "technical data" is identified in Underground Facility. During such time, the Supplementary Conditions. 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CONTRACTOR shall supervise, inspect, and facilities and incidentals necessary for the performance; - direct the Work competently and efficiently, devoting such testing, start-up, and completion of the Work. attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with B . All materials and equipment incorporated into the the Contract Documents. CONTRACTOR shall be solely Work shall be as specified or, if not specified, shall be of responsible for the means, methods, techniques, sequences, good quality and new, except as otherwise provided in the and procedures of construction, but CONTRACTOR shall Contract Documents. All warranties and guarantees not be responsible for the negligence of OWNER or specifically called for by the Specifications shall expressly ENGINEER in the design or specification of a specific run to the benefit of OWNER If required by ENGINEER, means, method, technique, sequence, or procedure of CONTRACTOR shall furnish satisfactory evidence construction which is shown or indicated in and expressly (including reports of required tests) as to the source, kind, required by the Contract Documents. CONTRACTOR and quality of materials and equipment. All materials and shall be responsible to see that the completed Work equipment shall be stored, applied, installed, connected, ' complies accurately with the Contract Documents. erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, B . At all times during the progress of the Work, except as otherwise may be provided in the Contract Docu- CONTRACTOR shall assign a competent resident superin- ments, tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under 6.04 Progress Schedule extraordinary circumstances. The superintendent will be CONTRACTOR' s representative at the Site and shall have A. CONTRACTOR shall adhere to the progress authority to act on behalf of CONTRACTOR. All schedule established in accordance with paragraph 2 .07 as it communications given to or received from the superin- may be adjusted from time to time as provided below. tendent shall be binding on CONTRACTOR 1 . CONTRACTOR shall submit to ENGI- 6.02 Labor; Working Hours NEER for acceptance (to the extent indicated in paragraph 2 .07) proposed adjustments in the prog- A. CONTRACTOR shall provide competent, suitably ress schedule that will not result in changing the qualified personnel to survey, lay out, and construct the Contract Times (or Milestones). Such adjustments Work as required by the Contract Documents. CON- will conform generally to the progress schedule then TRACTOR shall at all times maintain good discipline and in effect and additionally will comply with any order at the Site. provisions of the General Requirements applicable thereto. B . Except as otherwise required for the safety or r protection of persons or the Work or property at the Site or 2 . Proposed adjustments in the progress adjacent thereto, and except as otherwise stated in the schedule that will change the Contract Times (or Contract Documents, all Work at the Site shall be Milestones) shall be submitted in accordance with performed during regular working hours, and CON- the requirements of Article 12. Such adjustments TRACTOR will not permit overtime work or the may only be made by a Change Order or Written performance of Work on Saturday, Sunday, or any legal Amendment in accordance with Article 12 . holiday without OWNER' s written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER New Paragraphs 6.02.B.1 , 2, 3, 4, and 5 have been added. See the Supplementary Conditions. 6. 03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other ' 00700 - 20 6.05 Substitutes and "Or-Equals " b. CONTRACTOR shall submit sufficient Paragraph 6.05.A has been deleted and replaced with a information as provided below to allow ENGI- new paragraph. See the Supplementary Conditions. NEER to determine that the item of material or A. Whenever- item of fmte� ^l _ - ^u*nwnt is equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. the name ef a p p r a&%-y item the name of ^ paf&x l Requests for review of proposed substitute items r � r of material or equipment will not be accepted by establish he type, € metieff; appearanEe ality ENGINEER from anyone other than CON- en TRACTOR. is feRewed by a c. The procedure for review by ENGI- e-n&4e ' , or- e„« , material , equipment of „«, e. NEER will be as set forth in paragraph 6.O5 .A.2.d, as supplemented in the General undef the eirewnstances desefibed belew. Requirements and as ENGINEER may decide is appropriate under the circumstances . 1 . "Or-Equal " Items: If in ENGINEER's sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a that named and sufficiently similar so that no change proposed substitute item of material or in related Work will be required, it may be con- equipment that CONTRACTOR seeks to furnish sidered by ENGINEER as an "or-equal" item, in or use. The application shall certify that the which case review and approval of the proposed proposed substitute item will perform adequately 1 item may, in ENGINEER' s sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as tute items. For the purposes of this paragraph that specified. The application will state the 6.05 .A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered functionally equal to an item so substitute item will prejudice CONTRACTOR's named if: achievement of Substantial Completion on time, whether or not use of the proposed substitute Sentence 6.05.A.1 .a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of Conditions. any other direct contract with OWNER for work a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute and design characteristics; (ii) � item in connection with the Work is subject to peFfeE at '.east equagy— well thenen payment of any license fee or royalty. All variations of the proposed substitute item from ; that specified will be identified in the applica- tion, and available engineering, sales, b. CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services no increase in cost to the OWNER; and (ii) it will be indicated. The application will also will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of redesign and claims of other contractors affected 2. Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the a. If in ENGINEER's sole discretion an proposed substitute item ENGINEER may item of material or equipment proposed by require CONTRACTOR to famish additional CONTRACTOR does not qualify as an data about the proposed substitute item "or-equal" item under paragraph 6.05 .A. 1 , it will be considered a proposed substitute item ' 00700 - 21 B . Substitute Construction Methods or Procedures: or other individual or entity to fiunish or perform any of the If a specific means, method, technique, sequence, or Work against whom CONTRACTOR has reasonable procedure of construction is shown or indicated in and objection. expressly required by the Contract Documents, CON- TRACTOR may fiunish or utilize a substitute means, meth- B . If the Supplementary Conditions require the od, technique, sequence, or procedure of construction identity of certain Subcontractors, Suppliers, or other ' approved by ENGINEER. CONTRACTOR shall submit individuals or entities to be submitted to OWNER in sufficient information to allow ENGINEER, in advance for acceptance by OWNER by a specified date ENGINEER' s sole discretion, to determine that the prior to the Effective Date of the Agreement, and if substitute proposed is equivalent to that expressly called for CONTRACTOR has submitted a list thereof in accordance by the Contract Documents. The procedure for review by with the Supplementary Conditions, OWNER' s acceptance ENGINEER will be similar to that provided in subpara- (either in writing or by failing to make written objection graph 6.05 .A.2. thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any C. Engineer 's Evaluation: ENGINEER will be such Subcontractor, Supplier, or other individual or entity allowed a reasonable time within which to evaluate each so identified may be revoked on the basis of reasonable proposal or submittal made pursuant to paragraphs 6.05 .A objection after due investigation. CONTRACTOR shall and 6.05 .B . ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected ability. No "or-equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity, and installed or utilized until ENGINEER's review is complete, the Contract Price will be adjusted by the difference in the which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate substitute or an approved Shop Drawing for an "or equal." Change Order will be issued or Written Amendment signed. ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor, ' negative determination. Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of D. Special Guarantee: OWNER may require CON- OWNER or ENGINEER to reject defective Work TRACTOR to fiummish at CONTRACTOR' s expense a special performance guarantee or other surety with respect C. CONTRACTOR shall be fimlly responsible to to any substitute. OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities E. ENGINEER 's Cost Reimbursement: ENGINEER performing or fiunishing any of the Work just as will record time required by ENGINEER and CONTRACTOR is responsible for CONTRACTOR' s own ENGINEER' s Consultants in evaluating substitute proposed acts and omissions . Nothing in the Contract Documents or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor, ' 6.05A.2 and 6.053 and in making changes in the Contract Supplier, or other individual or entity any contractual Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER or proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or ENGINEER and ENGINEER' s Consultants for evaluating entity except as may otherwise be required by Laws and each such proposed substitute. Regulations . F. CONTRACTOR 's Expense: CONTRACTOR shall A new sentence has been added at the end of Paragraph provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions. "or-equal" at CONTRACTOR'S expense. D . CONTRACTOR shall be solely responsible for 6.06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or A. CONTRACTOR shall not employ any Subcon- fiunishing any of the Work under a direct or indirect tractor, Supplier, or other individual or entity (including contract with CONTRACTOR. ' those acceptable to OWNER as indicated in paragraph 6.063), whether initially or as a replacement, against whom E. CONTRACTOR shall require all Subcontractors, OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing shall not be required to employ any Subcontractor, Supplier, 00700 - 22 or fimushing any of the Work to communicate with ENGI- and other professionals and all court or arbitration or other- - NEER through CONTRACTOR. dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the F. The divisions and sections of the Specifications use in the performance of the Work or resulting from the and the identifications of any Drawings shall not control incorporation in the Work of any invention, design, process, CONTRACTOR in dividing the Work among Subcon- product, or device not specified in the Contract Documents. ' tractors or Suppliers or delineating the Work to be performed by any specific trade. 6 . 08 Permits G. All Work performed for CONTRACTOR by a A. Unless otherwise provided in the Supplementary Subcontractor or Supplier will be pursuant to an appropriate Conditions, CONTRACTOR shall obtain and pay for all agreement between CONTRACTOR and the Subcontractor construction permits and licenses. OWNER shall assist or Supplier which specifically binds the Subcontractor or CONTRACTOR, when necessary, in obtaining such Supplier to the applicable terms and conditions of the permits and licenses. CONTRACTOR shall pay all Contract Documents for the benefit of OWNER and governmental charges and inspection fees necessary for the ENGINEER Whenever any such agreement is with a prosecution of the Work which are applicable at the time of Subcontractor or Supplier who is listed as an additional opening of Bids, or, if there are no Bids, on the Effective insured on the property insurance provided in paragraph Date of the Agreement. CONTRACTOR shall pay all 5 .06, the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees. OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C, and D have been added. See 1 the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors 6 . 09 Laws and Regulations of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the A. CONTRACTOR shall give all notices and comply perils or causes of loss covered by such policies and any with all Laws and Regulations applicable to the other property insurance applicable to the Work. If the performance of the Work. Except where otherwise ' insurers on any such policies require separate waiver forms expressly required by applicable Laws and Regulations, to be signed by any Subcontractor or Supplier, CONTRAC- neither OWNER nor ENGINEER shall be responsible for TOR will obtain the same. monitoring CONTRACTOR' s compliance with any Laws or Regulations. ' 6.07 Patent Fees and Royalties B . If CONTRACTOR performs any Work knowing A. CONTRACTOR shall pay all license fees and or having reason to know that it is contrary to Laws or royalties and assume all costs incident to the use in the Regulations, CONTRACTOR shall bear all claims, costs, performance of the Work or the incorporation in the Work losses, and damages (including but not limited to all fees of any invention, design, process, product, or device which and charges of engineers, architects, attorneys, and other ' is the subject of patent rights or copyrights held by others. professionals and all court or arbitration or other dispute . If a particular invention, design, process, product, or device resolution costs) arising out of or relating to such Work; is specified in the Contract Documents for use in the however, it shall not be CONTRACTOR' s primary performance of the Work and if to the actual knowledge of responsibility' to make certain that the Specifications and OWNER or ENGINEER its use is subject to patent rights or Drawings are in accordance with Laws and Regulations, but copyrights calling for the payment of any license fee or this shall not relieve CONTRACTOR of CONTRACTOR' s royalty to others, the existence of such rights shall be obligations under paragraph 3 .03 . disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at the CONTRACTOR shall indemnify and hold harmless time of opening of Bids (or, on the Effective Date of the OWNER, ENGINEER, ENGINEER' s Consultants, and the Agreement if there were no Bids) having an effect on the ' officers, directors, partners, employees or agents, and other cost or time of performance of the Work may be the subject consultants of each and any of them from and against all of an adjustment in Contract Price or Contract Times. If claims, costs, losses, and damages (including but not limited OWNER and CONTRACTOR are unable to agree on to all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such 00700 - 23 1 - adjustment, a Claim may be made therefor as provided in disposal of such waste materials, rubbish, and other debris - paragraph 10.05 . shall conform to applicable Laws and Regulations . 6 . 10 Taxes C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it r,Q�j= A =QR Si...n Pay all Saj@g ready for utilization by OWNER. At the completion of the - � @d to be pai �; Work CONTRACTOR shall remove from the Site all tools, cvr T - e- ANdA -A@ ^ = __ +mow T .. appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. 6. 11 Use of Site and Other Areas D. Loading Structures: CONTRACTOR shall not ' A. Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 1 . CONTRACTOR shall confine CONTRACTOR subject any part of the Work or adjacent construction equipment, the storage of materials and property to stresses or pressures that will endanger it. equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, 6. 12 Record Documents and shall not unreasonably encumber the Site and other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place at materials or equipment. CONTRACTOR shall the Site one record copy of all Drawings, Specifications, assume full responsibility for any damage to any Addenda, Written Amendments, Change Orders, Work such land or area, or to the owner or occupant Change Directives, Field Orders, and written interpretations thereof, or of any adjacent land or areas resulting and clarifications in good order and annotated to show from the performance of the Work. changes made during construction. These record documents together with all approved Samples and a 2 . Should any claim be made by any such counterpart of all approved Shop Drawings will be available owner or occupant because of the performance of to ENGINEER for reference. Upon completion of the the Work, CONTRACTOR shall promptly settle Work, these record documents, Samples, and Shop with such other party by negotiation or otherwise Drawings will be delivered to ENGINEER for OWNER. resolve the claim by arbitration or other dispute resolution proceeding or at law. 6 . 13 Safety and Protection ' 3 . To the fullest extent permitted by Laws A. CONTRACTOR shall be solely responsible for and Regulations, CONTRACTOR shall indemnify initiating, maintaining and supervising all safety precautions and hold harmless OWNER, ENGINEER, and programs in connection with the Work. ENGINEER' s Consultant, and the officers, CONTRACTOR shall take all necessary precautions for the directors, partners, employees, agents, and other safety of, and shall provide the necessary protection to consultants of each and any of them from and prevent damage, injury or loss to: against all claims, costs, losses, and damages (including but not limited to all fees and charges of 1 . all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 2. all the Work and materials and equip- any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site ; and ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon 3 , other property at the Site or adjacent CONTRACTOR's performance of the Work, thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- B . Removal of Debris During Performance of the ground Facilities not designated for removal; reloca- Work: During the progress of the Work CONTRACTOR tion, or replacement in the course of construction. shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and 00700 - 24 ,j B . CONTRACTOR shall comply with all applicable give ENGINEER prompt written notice if CONTRACTOR - Laws and Regulations relating to the safety of persons or believes that any significant changes in the Work or property, or to the protection of persons or property from variations from the Contract Documents have been caused damage, injury, or loss ; and shall erect and maintain all thereby or are required as a result thereof. If ENGINEER necessary safeguards for such safety and protection. determines that a change in the Contract Documents is CONTRACTOR shall notify owners of adjacent property required because of the action taken by CONTRACTOR in and of Underground Facilities and other utility owners when response to such an emergency, a Work Change Directive prosecution of the Work may affect them, and shall or Change Order will be issued. cooperate with them in the protection, removal, relocation, ' and replacement of their property. All damage, injury, or 6 . 17 Shop Drawings and Samples loss to any property referred to in paragraph 6. 13 .A.2 or 6. 13A.3 caused, directly or indirectly, in whole or in part, A. CONTRACTOR shall submit Shop Drawings to by CONTRACTOR, any Subcontractor, Supplier, or any ENGINEER for review and approval in accordance with the other individual or entity directly or indirectly employed by acceptable schedule of Shop Drawings and Sample any of them to perform any of the Work, or anyone for submittals. All submittals will be identified as ENGINEER whose acts any of them may be liable, shall be remedied by may require and in the number of copies specified in the ' CONTRACTOR (except damage or loss attributable to the General Requirements . The data shown on the Shop fault of Drawings or Specifications or to the acts or Drawings will be complete with respect to quantities, omissions of OWNER or ENGINEER or ENGINEER' s dimensions, specified performance and design criteria, Consultant, or anyone employed by any of them, or anyone materials, and similar data to show ENGINEER the for whose acts any of them may be liable, and not services, materials, and equipment CONTRACTOR attributable, directly or indirectly, in whole or in part, to the proposes to provide and to enable ENGINEER to review fault or negligence of CONTRACTOR or any the information for the limited purposes required by ' Subcontractor, Supplier, or other individual or entity paragraph 6. 17 .E. directly or indirectly employed by any of them). CONTRACTOR' s duties and responsibilities for safety and B . CONTRACTOR shall also submit Samples to for protection of the Work shall continue until such time as ENGINEER for review and approval in accordance with the all the Work is completed and ENGINEER has issued a acceptable schedule of Shop Drawings and Sample notice to OWNER and CONTRACTOR in accordance with submittals . Each Sample will be identified clearly as to paragraph 14 . 07.B that the Work is acceptable (except as material, Supplier, pertinent data such as catalog numbers, ' otherwise expressly provided in connection with Substantial and the use for which intended and otherwise as ENGI- Completion). NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6 . 14 Safety Representative 6. 17.E. The numbers of each Sample to be submitted will ' be as specified in the Specifications. A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties C. Where a Shop Drawing or Sample is required by and responsibilities shall be the prevention of accidents and the Contract Documents or the schedule of Shop Drawings the maintaining and supervising of safety precautions and and Sample submittals acceptable to ENGINEER as programs, required by paragraph 2 .07, any related Work performed prior to ENGINEER's review and approval of the pertinent 6 . 15 Hazard Communication Programs submittal will be at the sole expense and responsibility of CONTRACTOR A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other D . Submittal Procedures hazard communication information required to be made available to or exchanged between or among employers at 1 . Before submitting each Shop Drawing or the Site in accordance with Laws or Regulations. Sample, CONTRACTOR shall have determined and verified: 6 . 16 Emergencies a, all field measurements, quantities, dimen- A. In emergencies affecting the safety or protection of sions, specified performance criteria, installation persons or the Work or property at the Site or adjacent requirements, materials, catalog numbers, and thereto, CONTRACTOR is obligated to act to prevent similar information with respect thereto; threatened damage, injury, or loss. CONTRACTOR shall ' 00700 - 25 1 b. all materials with respect to intended use, incident thereto . The review and approval of -a _ . fabrication, shipping, handling, storage, assem- separate item as such will not indicate approval of bly, and installation pertaining to the perfor- the assembly in which the item functions. mance of the Work; 3 . ENGINEER' s review and approval of c. all information relative to means, meth- Shop Drawings or Samples shall not relieve CON- ods, techniques, sequences, and procedures of TRACTOR from responsibility for any variation construction and safety precautions and from the requirements of the Contract Documents programs incident thereto; and unless CONTRACTOR has in writing called ' ENGINEER' s attention to each such variation at the d. CONTRACTOR shall also have time of each submittal as required by paragraph reviewed and coordinated each Shop Drawing or 6. 17 .D .3 and ENGINEER has given written Sample with other Shop Drawings and Samples approval of each such variation by specific written ' and with the requirements of the Work and the notation thereof incorporated in or accompanying Contract Documents. the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR 2 . Each submittal shall bear a stamp or from responsibility for complying with the require- specific written indication that CONTRACTOR has ments of paragraph 6. 17 .D. 1 . satisfied CONTRACTOR' s obligations under the Contract Documents with respect to F. Resubmittal Procedures ' CONTRACTOR' s review and approval of that submittal. 1 . CONTRACTOR shall make corrections required by ENGINEER and shall return the 3 . At the time of each submittal, CON- required number of corrected copies of Shop TRACTOR shall give ENGINEER specific written Drawings and submit as required new Samples for notice of such variations, if any, that the Shop Draw- review and approval. CONTRACTOR shall direct ing or Sample submitted may have from the require- specific attention in writing to revisions other than ' ments of the Contract Documents, such notice to be the corrections called for by ENGINEER on previ- in a written communication separate from the ous submittals. submittal; and, in addition, shall cause a specific ' notation to be made on each Shop Drawing and Nevy Paragraph 6.1 :;.G has been added, See the Sample submitted to ENGINEER for review and Supplementary GqftdMeftqw � approval of each such variation. 6 . 18 Continuing the Work ' E. ENGINEER 'S Review A. CONTRACTOR shall carry on the Work and 1 . ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in accordance disagreements with OWNER. No Work shall be delayed or with the schedule of Shop Drawings and Sample postponed pending resolution of any disputes or submittals acceptable to ENGINEER. disagreements, except as permitted by paragraph 15 .04 or as ENGINEER' s review and approval will be only to OWNER and CONTRACTOR may otherwise agree in determine if the items covered by the submittals will, writing. after installation or incorporation in the Work, con- form to the information given in the Contract Docu- 6. 19 CONTRACTOR 's General Warranty and ' ments and be compatible with the design concept of Guarantee the completed Project as a functioning whole as indicated by the Contract Documents, A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER' s Consultants that 2 . ENGINEER' s review and approval will all Work will be in accordance with the Contract Docu- not extend to means, methods, techniques, ments and will not be defective. CONTRACTOR's sequences, or procedures of construction (except warranty and guarantee hereunder excludes defects or ' where a particular means, method, technique, damage caused by: sequence, or procedure of construction is specifically and expressly called for by the Contract 1 . abuse, modification, or improper main- Documents) or to safety precautions or programs tenance or operation by persons other than CON- 00700 - 26 ON- 00700 - 26 a 11 11 - 1 • - 1 • - - • Ir - 1 - • 1 • • . 1 1 - • 1 1 1 1 - • 1 1 • 1 • - - • _I m MITT • • • ' • • • 1 1 • r - • 1 • - - • • . 1 - 1 1 - • 1 1 � 1 I - 1 - - " elm IV • 1 - 11 . 1 • 1 ' • . . ' 1 1 • 1 - - • - • - 11 1 • - 1 • • • 1 I • • 1 - 1 • - . out � 1 • 1 1 • 1 - • • 1 . . - I l r • - . • 1 • - 1 • • - • 11 1 1 - • • 1 • - 1 II • 11 • . • . . • 1 • - r . •J . . 1 • ! I . 1 . • • ' • • ' • 1 1 • • 1 1 • 1 1 • • • • . 1 • rOIL • • I - 1 1 • • _ 1 • 1 1 _ • - 1 U - 1 • • 1 1 • • u . 1 1 I ' 1 - • 1 . 1 • . . • - 1 - 1 1 1 - u 1 . ' 1 - • 1 1 r - • 1 - 1 • 1 • . • ' 11 " r . ••-J • . 1 . 1 1 11 - " 11 • 1 - 1 - • 1 • • - - 1 r • 1 " 11 1 1 • • • 1 • . 1 I . 1 ' � 1 1 1 1 1 1 • ' I 1 1 1 1 1 1 1 r 1 . 1 - r • - 1 1 � - • • - 1 " 91 1 1 ' 11 11 1 ' 1 1 1 111 • r - 11 • YY . . " oral . III PIP • 1 • • 1 . 1 . 1 1 • 1 • IXII 11 11 ARTICLE 7 - OTHER WORK integration with CONTRACTOR' s Work except for latent - defects and deficiencies in such other work. ' 7 .01 Related Work at Site 7.02 Coordination A. OWNER may perform other work related to the A. If OWNER intends to contract with others for the Project at the Site by OWNER% employees, or let other performance of other work on the Project at the Site, the direct contracts therefor, or have other work performed by following will be set forth in Supplementary Conditions: utility owners. If such other work is not noted in the Con- tract Documents, then: 1 . the individual or entity who will have ' authority and responsibility for coordination of the 1 . written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; ' work; and 2 , the specific matters to be covered by such 2. if OWNER and CONTRACTOR are authority and responsibility will be itemized; and unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract 3 . the extent of such authority and responsi- Price or Contract Times that should be allowed as a bilities will be provided. result of such other work, a Claim may be made ' therefor as provided in paragraph 10.05 . B . Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- B . CONTRACTOR shall afford each other contractor sibility for such coordination. ' who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER' s employees) proper and safe access to ARTICLE 8 - OWNER' S RESPONSIBILITIES the Site and a reasonable opportunity for the introduction ' and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work 8 . 01 Communications to Contractor with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, A. Except as otherwise provided in these General and patching of the Work that may be required to properly Conditions, OWNER shall issue all communications to connect or otherwise make its several parts come together CONTRACTOR through ENGINEER. and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by 8 .02 Replacement of ENGINEER cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Part of paragraph 8.02.A has been deleted. ' ENGINEER and the others whose work will be affected. A. In case of termination of the employment of The duties and responsibilities of CONTRACTOR under ENGINEER, OWNER shall appoint an engineer-te -whern this paragraph are for the benefit of such utility owners and GQ�PPR =GOD ffmkes ne feasemble ebjee'" -" whose other contractors to the extent that there are comparable status under the Contract Documents shallbe that of the ' provisions for the benefit of CONTRACTOR in said direct former ENGINEER contracts between OWNER and such utility owners and other contractors. 8 . 03 Furnish Data ' C. If the proper execution or results of any part of A. OWNER shall promptly famish the data required CONTRACTOR' s Work depends upon work performed by of OWNER under the Contract Documents. ' others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in 8 .04 Pay Promptly When Due writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper A. OWNER shall make payments to CONTRACTOR ' execution and results of CONTRACTOR's Work. promptly when they are due as provided in paragraphs CONTRACTOR' s failure to so report will constitute an 14 .02 .0 and 14 .07 .C. acceptance of such other work as fit and proper for ' 00700 - 28 ' 8 .05 Lands and Easements; Reports and Tests responsibility in respect thereof will be as set forth in the, - Supplementary Conditions. A. OWNER' s duties in respect of providing lands and ' easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 .01 and 4.05 . ARTICLE 9 - ENGINEER' S STATUS DURING Paragraph 4.02 refers to OWNER's identifying and making CONSTRUCTION ' available to CONTRACTOR copies of reports of explora- tions and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 9 .01 OWNER 'S Representative subsurface structures at or contiguous to the Site that have ' been utilized by ENGINEER in preparing the Contract A. ENGINEER will be OWNER' s representative Documents. during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as 8 .06 Insurance OWNER' s representative during construction are set forth in the Contract Documents and will not be changed without A. OWNER' s responsibilities, if any, in respect to written consent of OWNER and ENGINEER purchasing and maintaining liability and property insurance ' are set forth in Article 5 . 9 .02 Visits to Site 8 .07 Change Orders A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as A. OWNER is obligated to execute Change Orders as ENGINEER deems necessary in order to observe as an indicated in paragraph 10.03 . experienced and qualified design professional the progress that has been made and the quality of the various aspects of 8 . 08 Inspections, Tests, and Approvals CONTRACTOR' s executed Work. Based on information obtained during such visits and observations, ENGINEER, A. OWNER' s responsibility in respect to certain for the benefit of OWNER, will determine, in general, if the ' inspections, tests, and approvals is set forth in paragraph Work is proceeding in accordance with the Contract 13 .03 .B , Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check 8 . 09 Limitations on OWNER 's Responsibilities the quality or quantity of the Work. ENGINEER' s efforts will be directed toward providing for OWNER a greater A. The OWNER shall not supervise, direct, or have degree of confidence that the completed Work will conform control or authority over, nor be responsible for, generally to the Contract Documents. On the basis of such CONTRACTOR' s means, methods, techniques, sequences, visits and observations, ENGINEER will keep OWNER or procedures of construction, or the safety precautions and informed of the progress of the Work and will endeavor to programs incident thereto, or for any failure of CON- guard OWNER against defective Work. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be B . ENGINEER' s visits and observations are subject responsible for CONTRACTOR' s failure to perform the to all the limitations on ENGINEER' s authority and Work in accordance with the Contract Documents. responsibility set forth in paragraph 9. 10, and particularly, . but without limitation, during or as a result of ENGINEER's 8 . 10 Undisclosed Hazardous Environmental visits or observations of CONTRACTOR'S Work Condition ENGINEER will not supervise, direct, control, or have ' authority over or be responsible for CONTRACTOR' s A. OWNER' s responsibility in respect to an undis- means, methods, techniques, sequences, or procedures of closed Hazardous Environmental Condition is set forth in construction, or the safety precautions and programs paragraph 4 .06. incident thereto, or for any failure of CONTRACTOR to ' comply with Laws and Regulations applicable to the 8 . 11 Evidence of Financial Arrangements performance of the Work. A. If and to the extent OWNER has agreed to furnish 9 .03 Project Representative CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER' S A. If OWNER and ENGINEER agree, ENGINEER obligations under the Contract Documents, OWNER's will famish a Resident Project Representative to assist ' 00700 - 29 r ENGINEER in providing more extensive observation of the as provided in paragraph 13 .04, whether or not the Work is - Work. The responsibilities and authority and limitations fabricated, installed, or completed. thereon of any such Resident Project Representative and ' assistants will be as provided in paragraph 9 . 10 and in the 9 .07 Shop Drawings, Change Orders and Payments Supplementary Conditions , If OWNER designates another representative or agent to represent OWNER at the Site A. In connection with ENGINEER' s authority as to who is not ENGINEER' s Consultant, agent or employee, Shop Drawings and Samples, see paragraph 6. 17 . ' the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the B . In connection with ENGINEER' s authority as to Supplementary Conditions. Change Orders, see Articles 10, 11 , and 12 . ' 9 .04 Clarifications and Interpretations C. In connection with ENGINEER' s authority as to Applications for Payment, see Article 14 . A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- 9 .08 Determinations for Unit Price Work ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed by ments. Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON- be binding on OWNER and CONTRACTOR If OWNER TRACTOR the ENGINEER' s preliminary determinations and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment or Contract Price or Contract Times, or both, that should be otherwise) . ENGINEER' s written decision thereon will be allowed as a result of a written clarification or interpre- final and binding (except as modified by ENGINEER to tation, a Claim may be made therefor as provided in reflect changed factual conditions or more accurate data) paragraph 10.05 . upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05 . 9 .05 Authorized Variations in Work 9 . 09 Decisions on Requirements of Contract A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the the Contract Times and are compatible with the design requirements of the Contract Documents and judge of the concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and indicated by the Contract Documents. These may be other matters relating to the acceptability of the Work, the accomplished by a Field Order and will be binding on quantities and classifications of Unit Price Work, the OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and t TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05, with a Claim may be made therefor as provided in paragraph request for a formal decision. 10.05 . Paragraph 9.093 has been deleted in its entirety. ' 9 .06 Rejecting Defective Work Note: Will probably not want to delete this paragraph for a private project. A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or !1\I7"H D !'`f11�TTD A / Tl1D .....i .,:il w�F that ENGINEER believes will not produce a completed + + + . , a� a.. i a 4� Project that confornis to the Contract Documents or that will prejudice the integrity of the design concept of the ' completed Project as a functioning whole as indicated by mspecA to, the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work have been meive4 by the ffmkifig ' 00700 - 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMSC meats by Laws er- Re - 10 .01 Authorized Changes in the Work 9 . 10 Limitations on ENGINEER 's Authority and A. Without invalidating the Agreement and without Responsibilities notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work A. Neither ENGINEER' s authority or responsibility by a Written Amendment, a Change Order, or a Work under this Article 9 or under any other provision of the Change Directive. Upon receipt of any such document, Contract Documents nor any decision made by ENGINEER CONTRACTOR shall promptly proceed with the Work in good faith either to exercise or not exercise such involved which will be performed under the applicable authority or responsibility or the undertaking, exercise, or conditions of the Contract Documents (except as otherwise performance of any authority or responsibility by specifically provided). ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to B . If OWNER and CONTRACTOR are unable to CONTRACTOR, any Subcontractor, any Supplier, any agree on entitlement to, or on the amount or extent, if any, other individual or entity, or to any surety for or employee of an adjustment in the Contract Price or Contract Times, or or agent of any of them. both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in B . ENGINEER will not supervise, direct, control, or paragraph 10.05 . have authority over or be responsible for_ CONTRACTOR' s means, methods, techniques, sequences, or procedures of 10 .02 Unauthorized Changes in the Work construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to A. CONTRACTOR shall not be entitled to an comply with Laws and Regulations applicable to the perfor- increase in the Contract Price or an extension of the mance of the Work ENGINEER will not be responsible Contract Times with respect to any work performed that is for CONTRACTOR's failure to perform the Work in accor. not required by the Contract Documents as amended, dance with the Contract Documents, modified, or supplemented as provided in paragraph 3 .04, except in the case of an emergency as provided in paragraph C. ENGINEER will not be responsible for the acts or 6. 16 or in the case of uncovering Work as provided in omissions of CONTRACTOR or of any Subcontractor, any paragraph 13 .04 .B . Supplier, or of any other individual or entity performing 10 . 03 Execution of Change Orders any of the Work. D. ENGINEER' s review of the final Application for A. OWNER and CONTRACTOR shall execute Payment and accompanying documentation and all mainte- appropriate Change Orders recommended by ENGINEER nance and operating instructions, schedules, guarantees, (or Written Amendments) covering: Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 1 . changes in the Work which are: (i) 14.07 .A will only be to determine generally that their ordered by OWNER pursuant to paragraph 10.0l .A, content complies with the requirements of, and in the case (ii) required because of acceptance of defective of certificates of inspections, tests, and approvals that the Work under paragraph 13 .08 .A or OWNER's results certified indicate compliance with, the Contract correction of defective Work under paragraph 13 .09, ' Documents. or (iii) agreed to by the parties; E. The limitations upon authority and responsibility 2 , changes in the Contract Price or Contract set forth in this paragraph 9 . 10 shall also apply to Times which are agreed to by the parties, including r ENGINEER's Consultants, Resident Project Repre- any undisputed sum or amount of time for Work sentative, and assistants. actually performed in accordance with a Work Change Directive; and 3 , changes in the Contract Price or Contract Times which embody the substance of any written ' decision rendered by ENGINEER pursuant to para- 00700 - 31 ara- 00700 - 31 ' graph 10.05 ; provided that, in lieu of executing any the dispute resolution procedures set forth in Article such Change Order, an appeal may be taken from 16; or any such decision in accordance with the provisions 2 if no such dispute resolution procedures ' of the Contract Documents and applicable Laws and have been set forth in Article 16, a written notice of Regulations, but during any such appeal, CONTRACTOR shall cant' on the Work and adhere intention to appeal from ENGINEER' S written to the progress schedule as provided in paragraph decision is delivered by OWNER or CONTRAC- 6. 18 .A. TOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal 10 .04 Notification to Surety proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after A. If notice of any change affecting the general scope the date of such decision or within 60 days after of the Work or the provisions of the Contract Documents Substantial Completion, whichever is later (unless (including, but not limited to, Contract Price or Contract otherwise agreed in writing by OWNER and , to exercise such rights or Times) is required by the provisions of any Bond to be CONTRACTOR), given to a surety, the giving of any such notice will be remedies as the appealing party may have with CONTRACTOR' s responsibility. The amount of each respect to such Claim, dispute, or other matter in applicable Bond will be adjusted to reflect the effect of any accordance with applicable Laws and Regulations . such change. C. If ENGINEER does not render a . formal decision 10 .05 Claims and Disputes in writing within the time stated in paragraph 10,05 .B7 a decision denying the Claim in its entirety shall be deemed to A. Notice: Written notice stating the general nature have been issued 31 days after receipt of the last submittal of each Claim, dispute, or other matter shall be delivered by of the claimant or the last submittal of the opposing party, the claimant to ENGINEER and the other party to the if any. Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the D . No Claim for an adjustment in Contract Price or amount or extent of the Claim, dispute, or other matter with Contract Times (or Milestones) will be valid if not supporting data shall be delivered to the ENGINEER and submitted in accordance with this paragraph 10.05 . the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in ARTICLE 11 - COST OF THE WORK; CASH support of such Claim, dispute, or other matter). A Claim ALLOWANCES ; UNIT PRICE WORK for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01 .B . A Claim for an adjustment in Contract Time shall be prepared 11 .01 Cost of the Work in accordance with the provisions of paragraph 12 .02.B . Each Claim shall be accompanied by claimant's written A. Costs Included: The term Cost of the Work means statement that the adjustment claimed is the entire the sum of all costs necessarily incurred and paid by CON- adjustment to which the claimant believes it is entitled as a TRACTOR in the proper performance of the World. When result of said event. The opposing party shall submit any the value of any Work covered by a Change Order or when ' response to ENGINEER and the claimant within 30 days a Claim for an adjustment in Contract Price is determined after receipt of the claimant' s last submittal (unless on the basis of Cost of the Work, the costs to be reimbursed ENGINEER allows additional time) . to CONTRACTOR will be only those additional or incremental costs required because of the change in the ' B . ENGINEER 's Decision : ENGINEER will render Work or because of the event giving rise to the Claim a formal decision in writing within 30 days after receipt of Except as otherwise may be agreed to in writing by the last submittal of the claimant or the last submittal of the OWNER, such costs shall be in amounts no higher than opposing party, if any. ENGINEER' s written decision on those prevailing in the locality of the Project, shall include other matter will be final and only the following items, and shall not include any of the such Claim, dispute, or binding upon OWNER and CONTRACTOR unless: costs itemized in paragraph 11 .01 .B . 1 . an appeal from ENGINEER' s decision is 1 . Payroll costs for employees in the direct taken within the time limits and in accordance with employ of CONTRACTOR in the performance of the Work under schedules of job classifications ' 00700 - 32 r - - agreed upon by OWNER and CONTRACTOR Such employees shall include without limitation a. The proportion of necessary trans- superintendents, foremen, and other personnel portation, travel, and subsistence expenses of ' employed full time at the Site. Payroll costs for CONTRACTOR' s employees incurred in discharge employees not employed full time on the Work shall of duties connected with the Work. be apportioned on the basis of their time spent on the ' Work. Payroll costs shall include, but not be limited b. Cost, including transportation and main- to, salaries and wages plus the cost of fringe tenance, of all materials, supplies, equipment, benefits, which shall include social security machinery, appliances, office, and temporary facili- contributions, unemployment, excise, and payroll ties at the Site, and hand tools not owned by the ' taxes, workers ' compensation, health and retirement workers, which are consumed in the performance of benefits, bonuses, sick leave, vacation and holiday the Work, and cost, less market value, of such items pay applicable thereto. The expenses of performing used but not consumed which remain the property of Work outside of regular working hours, on Saturday, CONTRACTOR Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. c . Rentals of all construction equipment and machinery, and the parts thereof whether rented 2. Cost of all materials and equipment fur- from CONTRACTOR or others in accordance with nished and incorporated in the Work, including costs rental agreements approved by OWNER with the of transportation and storage thereof, and Suppliers ' advice of ENGINEER, and the costs of field services required in connection therewith. All transportation, loading, unloading, assembly, cash discounts shall accrue to CONTRACTOR dismantling, and removal thereof. All such costs unless OWNER deposits funds with shall be in accordance with the terms of said rental CONTRACTOR with which to make payments, in agreements. The rental of any such equipment, ma- which case the cash discounts shall accrue to chinery, or parts shall cease when the use thereof is OWNER All trade discounts, rebates and refunds no longer necessary for the Work. and returns from sale of surplus materials and equipment shall accrue to OWNER, and d. Sales, consumer, use, and other similar CONTRACTOR shall make provisions so that they taxes related to the Work, and for which CON- may be obtained. TRACTOR is liable, imposed by Laws and Regu- lations. 3 . Payments made by CONTRACTOR to Subcontractors for Work performed by e . Deposits lost for causes other than negli- Subcontractors. If required by OWNER, CON- gene of CONTRACTOR, any Subcontractor, or TRACTOR shall obtain competitive bids from anyone directly or indirectly employed by any of subcontractors acceptable to OWNER and CON- them or for whose acts any of them may be liable, TRACTOR and shall deliver such bids to OWNER, and royalty payments and fees for permits and who will then determine, with the advice of ENGI- licenses. NEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be f. Losses and damages (and related expenses) paid on the basis of Cost of the Work plus a fee, the caused by damage to the Work, not compensated by ' Subcontractor's Cost of the Work and fee shall be insurance or otherwise, sustained by determined in the same manner as CONTRACTOR in connection with the perfor- CONTRACTOR' s Cost of the Work and fee as mance of the Work (except losses and damages ' provided in this paragraph 11 .01 . within the deductible amounts of property insurance established in accordance with paragraph 5 .06.1)), 4. Costs of special consultants (including provided such losses and damages have resulted but not limited to engineers, architects, testing from causes other than the negligence of laboratories, surveyors, attorneys, and accountants) CONTRACTOR, any Subcontractor, or anyone employed for services specifically related to the directly or indirectly employed by any of them or for Work. whose acts any of them may be liable. Such losses shall include settlements made with the written 5 . Supplemental costs including the consent and approval of OWNER. No such losses, following: damages, and expenses shall be included in the Cost 1 r00700 - 33 of the Work for the purpose of determining limited to, the correction of defective Work, disposal- - CONTRACTOR's fee. of materials or equipment wrongly supplied, and making good any damage to property. g. The cost of utilities, fuel, and sanitary facilities at the Site . 5 . Other overhead or general expense costs of any kind and the costs of any item not specifically ' h. Minor expenses such as telegrams, long and expressly included in paragraphs 11 .0 LA and distance telephone calls, telephone service at the 11 .0 LB . Site, expressage, and similar petty cash items in connection with the Work. C. CONTRACTOR 's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR' s fee L When the Cost of the Work is used to shall be determined as set forth in the Agreement. When determine the value of a Change Order or of a the value of any Work covered by a Change Order or when Claim, the cost of premiums for additional Bonds a Claim for an adjustment in Contract Price is determined and insurance required because of the changes in the on the basis of Cost of the Work, CONTRACTOR' s fee Work or caused by the event giving rise to the shall be determined as set forth in paragraph 12 .01 .C. Claim D . Documentation: Whenever the Cost of the Work j . When all the Work is performed on the for any purpose is to be determined pursuant to paragraphs basis of cost-plus, the costs of premiums for all 11 .01 .A and 11 .01 .B , CONTRACTOR will establish and Bonds and insurance CONTRACTOR is required by maintain records thereof in accordance with generally the Contract Documents to purchase and maintain. accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown B . Costs Excluded: The term Cost of the Work shall together with supporting data. not include any of the following items : 11 . 02 Cash Allowances 1 . Payroll costs and other compensation of CONTRACTOR' s officers, executives, principals A. It is understood that CONTRACTOR has included (of partnerships and sole proprietorships), general in the Contract Price all allowances so named in the managers, engineers, architects, estimators, attor- Contract Documents and shall cause the Work so covered to neys, auditors, accountants, purchasing and con- be performed for such sums as may be acceptable to tracting agents, expediters, timekeepers, clerks, and OWNER and ENGINEER. CONTRACTOR agrees that: other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR' s principal 1 . the allowances include the cost to CON- or branch office for general administration of the TRACTOR (less any applicable trade discounts) of Work and not specifically included in the agreed materials and equipment required by the allowances upon schedule of job classifications referred to in to be delivered at the Site, and all applicable taxes; paragraph 11 .0 LA. I or specifically covered by and paragraph 11 .0l .A.4, all of which are to be considered administrative costs covered by the 2 . CONTRACTOR' s costs for unloading CONTRACTOR's fee. and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated 2. Expenses of CONTRACTOR' s principal for the allowances have been included in the and branch offices other than CONTRACTOR' s Contract Price and not in the allowances, and no office at the Site . demand for additional payment on account of any of the foregoing will be valid. 3 . Any part of CONTRACTOR' s capital expenses, including interest on CONTRACTOR' s B . Prior to final payment, an appropriate Change capital employed for the Work and charges against Order will be issued as recommended by ENGINEER to CONTRACTOR for delinquent payments. reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall ' 4 . Costs due to the negligence of CON- be correspondingly adjusted. TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose 11 .03 Unit Price Work acts any of them may be liable, including but not 00700 - 34 111 . . - . - - - • • 1 • - • 1 11 - 1 1 " 111 . � • " 1 . 11 • 111 . • 1 1 : . 11 1 " 1 1 � 1 1 • • 11 !1 • 1 1 • t 1 1 1 1 1 . - . 1 - 1 • 1 y 1 u • • 1 � 1 1 • 1 - " t / 1 , - , • • - • • I 1 ' • 111 " 1 - - _ _ _ - 1 - • " 1 1 1 " • / 11 w TIT • • • 1 . • ' - - 1 - t 1 • " 111 . ' 1 • 1 " • . 10 a maila . YY • Y • • AD 10 vAklejx� • • I I _ _ • • 1 . 1 - 1 1 •" . • . • • . . •J . tl 1 1 11 It t • " 1 1 1 " • 1 1 • • i ' • ' "WORRIES I 1 I � I : • I / I / I I • , � • • . "RimOR v OR - • I • - • 1 • • • 1 1 1 _ 111 . 1 • • • 1 • _ • YY • w • • - 1 • I / II I • • 1 I 1 1 / � 1 I 1 / 1 111 1 • 'IN Y • r Aral OR LEU ' 1 / 1 • 1 • / 1 1 1 1 • 1 " t . � 1 • 1 " • 1 " 1 ' 1 • 1 " • I " 9 IMP laffirl"M WON RAMA WAIMVTMX u Aral 91m. mr-iffr2mr. F-9 OVER, OR • . . L . . 1 1 1 • - - 1 1 " • 1 • • 1 1 1 " • • • 1 • 1 - • 11 " • • • - • - 111 1 " • 111 • _ � �, t _ • _ 1 • - • • • • - • 1 1 / - • / 1 • 11 11 prior to CONTRACTOR's purchase thereof for - 13 . 02 Access to Work incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to A. OWNER, ENGINEER, ENGINEER's Con- OWNER and ENGINEER sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies E. If any Work (or the work of others) that is to be ' with jurisdictional interests will have access to the Site and inspected, tested, or approved is covered by CONTRAC- the Work at reasonable times for their observation, TOR without written concurrence of ENGINEER, it must, inspecting, and testing. CONTRACTOR shall provide if requested by ENGINEER, be uncovered for observation. them proper and safe conditions for such access and advise them of CONTRACTOR' s Site safety procedures and F. Uncovering Work as provided in paragraph programs so that they may comply therewith as applicable. 13 .03 .E shall be at CONTRACTOR' s expense unless CON- TRACTOR has given ENGINEER timely notice of 13 . 03 Tests and Inspections CONTRACTOR' s intention to cover the same and ENGI- NEER has not acted with reasonable promptness in A. CONTRACTOR shall give ENGINEER timely response to such notice. notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and A new Paragraph 13 .03.G has been added. See the testing personnel to facilitate required inspections or tests. Supplementary Conditions. Paragraph 13.03.13 has been deleted and replaced with a 13 .04 Uncovering Work new paragraph. See the Supplementary Conditions. B . A. If any Work is covered contrary to the written ' request of ENGINEER, it must, if requested by ENGI- test � s required by two Gent Documents NEER, be uncovered for ENGINEER' s observation and co�w�a^pp`rvraxr='c:i'. ... .... ..� ..... ".,....».. . ... .... ............ exeept: replaced at CONTRACTOR' s expense. i €er- inspeetiens, tests, or- ap Parts of the last two sentences of paragraph 13.04.B have been deleted. B . If ENGINEER considers it necessary or advisable 2 . dmt 80sts ieanrfed- in smimantiAn mi4 that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER' s 13 . 04 .B shaH be paid as pr-eN44ed in said paragrap request, shall uncover, expose, or otherwise make available 1 3 ,T,- ^fid for observation, inspection, or testing as ENGINEER may ' require, that portion of the Work in question, furnishing all 3 e we.3. ,:se speeifieally prreN4ded i the necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all ' Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, Paragraph 13.03.0 has been deleted in its entirety. attorneys, and other professionals and all court or arbitration Q if r aN „_ ve,.ulatiens of .,... ,-publ e bod• •-�, . :,, . or other dispute resolution costs) arising out of or relating to uisdi,.«:er-equffe any Wer-k (er- pat4 ♦t,e. of) speeifie, n. . such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or 1 replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, ' OWNER may make a Claim therefor as provided in paragraph 10.05 . If, however, such Work is not found to be D. CONTRACTOR shall be responsible for defective, CONTRACTOR shall be allowed arranging and obtaining and shall pay all costs in connection an extension of the Contract Times (or ' with any inspections, tests, or approvals required for Milestones), er— bed4 directly attributable to such OWNER's and ENGINEER' s acceptance of materials or uncovering, exposure, observation, inspection, testing, equipment to be incorporated in the Work; or acceptance of replacement, and reconstruction. If the parties are unable to ' materials, mix designs, or equipment submitted for approval 00700 - 37 r ' agree as to the-amount-of extent thereof, CONTRACTOR promptly comply with the terms of such instructions, or in - may make a Claim therefor as provided in paragraph 10.05 . an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work Paragraph 13.05.A has been deleted and replaced with a corrected or repaired or may have the rejected Work re- new paragraph. See the Supplementary Conditions. moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of 13 . 05 OWNER May Stop the Work engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) A. if the Work is aec e&e, or- GOINn2RACT-OR fails arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. r the Area_ ,._ any pe.+:,,., thereof, , ntA the , cruse r.. ..ueb B . In special circumstances where a particular item of e.-der- has been el;..+....,«e.7 . heweye this Fight of OWNER equipment is placed in continuous service before te step the Wefk shall not give rise te any duty en the-paFt Substantial Completion of all the Work, the correction e€ O :'r� to e3iefeise this ri& 1 hmefA e period for that item may start to run from an earlier date if *�kC QPLany Subeenttaeter, any Supplier, any so provided in the Specifications or by Written Amendment. agent efanye€ghem C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and 13 .06 Correction or Removal of Defective Work replaced under this paragraph 13 .07, the correction period hereunder with respect to such Work will be extended for ' A. CONTRACTOR shall correct all defective Work, an additional period of one year after such correction or whether or not fabricated, installed, or completed, or, if the removal and replacement has been satisfactorily completed. Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. D . CONTRACTOR' s obligations under this CONTRACTOR shall pay all Claims, costs, losses, and paragraph 13 .07 are in addition to any other obligation or damages (including but not limited to all fees and charges of warranty. The provisions of this paragraph 13 . 07 shall not engineers, architects, attorneys, and other professionals and be construed as a substitute for or a waiver of the provisions ' all court or arbitration or other dispute resolution costs) of any applicable statute of limitation or repose. arising out of or relating to such correction or removal (including but not limited to all costs of repair or 13 . 08 Acceptance of Defective Work replacement of work of others). ' A. If, instead of requiring correction or removal and 13 .07 Correction Period replacement of defective Work, OWNER (and, prior to ENGINEER' s recommendation of final payment, A. If within one year after the date of Substantial ENGINEER) prefers to accept it, OWNER may do so. Completion or such longer period of time as may be CONTRACTOR shall pay all Claims, costs, losses, and prescribed by Laws or Regulations or by the terms of any damages (including but not limited to all fees and charges of applicable special guarantee required by the Contract engineers, architects, attorneys, and other professionals and Documents or by any specific provision of the Contract all court or arbitration or other dispute resolution costs) Documents, any Work is found to be defective, or if the attributable to OWNER' s evaluation of and determination repair of any damages to the land or areas made available to accept such defective Work (such costs to be approved ' for CONTRACTOR's use by OWNER or permitted by by ENGINEER as to reasonableness) and the diminished Laws and Regulations as contemplated in paragraph 6. 1 LA value of the Work to the extent not otherwise paid by is found to be defective, CONTRACTOR shall promptly, CONTRACTOR pursuant to this sentence. If any such without cost to OWNER and in accordance with OWNER' s acceptance occurs prior to ENGINEER' s recommendation written instructions: (i) repair such defective land or areas, of final payment, a Change Order will be issued or (ii) correct such defective Work or, if the defective Work incorporating the necessary revisions in the Contract has been rejected by OWNER, remove it from the Project Documents with respect to the Work, and OWNER shall be ' and replace it with Work that is not defective, and (iii) entitled to an appropriate decrease in the Contract Price, satisfactorily correct or repair or remove and replace any reflecting the diminished value of Work so accepted. If the damage to other Work, to the work of others or other land parties are unable to agree as to the amount thereof, or areas resulting therefrom. If CONTRACTOR does not OWNER may make a Claim therefor as provided in ' 00700 - 38 t ' paragraph 10.05 . If the acceptance occurs after such by OWNER of OWNER' s rights and remedies under this - recommendation, an appropriate amount will be paid by paragraph 13 .09 . CONTRACTOR to OWNER. 13 .09 OWNER May Correct Defective Work ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required 14 . 01 Schedule of Values by ENGINEER in accordance with paragraph 13 .06.A, or if CONTRACTOR fails to perform the Work in accordance A. The schedule of values established as provided in with the Contract Documents, or if CONTRACTOR fails to paragraph 2 .07.A will serve as the basis for progress comply with any other provision of the Contract payments and will be incorporated into a form of Applica- Documents, OWNER may, after seven days written notice tion for Payment acceptable to ENGINEER. Progress to CONTRACTOR, correct and remedy any such payments on account of Unit Price Work will be based on deficiency. the number of units completed. B . In exercising the rights and remedies under this 14 .02 Progress Payments paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, A. Applications for Payments ' OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and 1 . At least 20 days before the date estab- suspend CONTRACTOR's services related thereto, take lished for each progress payment (but not more often possession of CONTRACTOR's tools, appliances, con- than once a month), CONTRACTOR shall submit to struction equipment and machinery at the Site, and incorpo- ENGINEER for review an Application for Payment rate in the Work all materials and equipment stored at the filled out and signed by CONTRACTOR covering Site or for which OWNER has paid CONTRACTOR but the Work completed as of the date of the which are stored elsewhere. CONTRACTOR shall allow Application and accompanied by such supporting OWNER, OWNER's representatives, agents and employ documentation as is required by the Contract Docu- ees, OWNER' s other contractors, and ENGINEER and ments. If payment is requested on the basis of ' ENGINEER' s Consultants access to the Site to enable materials and equipment not incorporated in the OWNER to exercise the rights and remedies under this Work but delivered and suitably stored at the Site or paragraph. at another location agreed to in writing, the Applica- tion for Payment shall also be accompanied by a bill C. All Claims, costs, losses, and damages (including of sale, invoice, or other documentation warranting but not limited to all fees and charges of engineers, that OWNER has received the materials and equip- architects, attorneys, and other professionals and all court or ment free and clear of all Liens and evidence that the arbitration or other dispute resolution costs) incurred or materials and equipment are covered by appropriate sustained by OWNER in exercising the rights and remedies property insurance or other arrangements to protect under this paragraph 13 .09 will be charged against CON- OWNER's interest therein, all of which must be ' TRACTOR, and a Change Order will be issued incorpo- satisfactory to OWNER rating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to 2 . Beginning with the second Application an appropriate decrease in the Contract Price. If the parties for Payment, each Application shall include an ' are unable to agree as to the amount of the adjustment, affidavit of CONTRACTOR stating that all previous OWNER may make a Claim therefor as provided in progress payments received on account of the Work paragraph 10.05 . Such claims, costs, losses and damages have been applied on account to discharge will include but not be limited to all costs of repair, or CONTRACTOR's legitimate obligations associated replacement of work of others destroyed or damaged by with prior Applications for Payment. correction, removal, or replacement of CONTRACTOR' s defective Work. 3 . The amount of retainage with respect to ' progress payments will be as stipulated in the D. CONTRACTOR shall not be allowed an extension Agreement. of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise ' 00700 - 39 B . Review of Applications 4 . Neither ENGINEER' s review of 1 . ENGINEER will, within 10 days after CONTRACTOR' s Work for the purposes of recom receipt of each Application for Payment, either mending payments nor ENGINEER' s recommenda- indicate in writing a recommendation of payment tion of any payment, including final payment, will and present the Application to OWNER or return the impose responsibility on ENGINEER to supervise, ' Application to CONTRACTOR indicating in writing direct, or control the Work or for the means, meth" ENGINEER' s reasons for refusing to recommend ods, techniques, sequences, or procedures of payment. In the latter case, CONTRACTOR may construction, or the safety precautions and programs make the necessary corrections and resubmit the incident thereto, or for CONTRACTOR' s failure to ' Application. comply with Laws and Regulations applicable to CONTRACTOR' s performance of the Work. 2 . ENGINEER' s recommendation of any Additionally, said review or recommendation will ' payment requested in an Application for Payment not impose responsibility on ENGINEER to make will constitute a representation by ENGINEER to any examination to ascertain how or for what OWNER, based on ENGINEER' s observations on purposes CONTRACTOR has used the moneys paid the Site of the executed Work as an experienced and on account of the Contract Price, or to determine qualified design professional and on ENGINEER's that title to any of the Work, materials, or equipment review of the Application for Payment and the has passed to OWNER free and clear of any Liens. accompanying data and schedules, that to the best of ' ENGINEER' s knowledge, information and belief. 5 . ENGINEER may refuse to recommend the whole or any part of any payment if, in a. the Work has progressed to the point ENGINEER' s opinion, it would be incorrect to indicated; make the representations to OWNER referred to in ' paragraph 14.02 .B .2. ENGINEER may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of accordance with the Contract Documents (sub- subsequently discovered evidence or the results of ' ject to an evaluation of the Work as a function- subsequent inspections or tests, revise or revoke any ing whole prior to or upon Substantial Comple- such payment recommendation previously made, to tion, to the results of any subsequent tests called such extent as may be necessary in ENGINEER' s for in the Contract Documents, to a final deter- opinion to protect OWNER from loss because: mination of quantities and classifications for Unit Price Work under paragraph 9 .08, and to a. the Work is defective, or completed any other qualifications stated in the Work has been damaged, requiring correction or ' recommendation); and replacement; c. the conditions precedent. to b. the Contract Price has been reduced by CONTRACTOR's being entitled to such pay- Written Amendment or Change Orders; ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the c. OWNER has been required to correct Work. defective Work or complete Work in accordance with paragraph 13 .09; or 3 . By recommending any such payment ENGINEER will not thereby be deemed to have a PiGpigNA L_ _ ROOM4 , _ ___., M__ _C &O, ' represented that: (i) inspections made to check the gQGuxg=G@ gC aay v the *@at.. e. . .mo A" n, quality or the quantity of the Work as it has been x'6. 21A. performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed New paragraphs 14.02 .B .5.e and f have been added. inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may not be other Paragraph 14.02.C.1 has been deleted and replaced with ' matters or issues between the parties that might a new paragraph. See the Supplementary Conditions. entitle CONTRACTOR to be paid additionally by (Note I i, to `:preparers This change is not required for OWNER or entitle OWNER to withhold payment to private projects.) CONTRACTOR C. Payment Becomes Due r00700 - 40 Ten ams a�er�resentat}en e 14 . 03 CONTRACTOR 'S Warranty of Title 4-- Appheatien for- Payment to QV4MR *A& A. CONTRACTOR warrants and guarantees that title ET GPMEn , a �« �� « Vee to all Work, materials, and equipment covered by any mended NNiU ( ib • to the preN4sieas of ^ p Application for Payment, whether incorporated in the 14 .02A beeeme due, and 7A4wn due wM be paid by Project or not, will pass to OWNER no later than the time QWMR to GO krR. k GTO of payment free and clear of all Liens. D . Reduction in Payment 14 .04 Substantial Completion ' 1 . OWNER may refuse to make payment of A. When CONTRACTOR considers the entire Work the Rill amount recommended by ENGINEER ready for its intended use CONTRACTOR shall notify because: OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed a. claims have been made against OWNER by CONTRACTOR as incomplete) and request that on account of CONTRACTOR' s perfomiance or ENGINEER issue a certificate of Substantial Completion. famishing of the Work; Promptly thereafter, OWNER, CONTRACTOR, and ' ENGINEER shall make an inspection of the Work to Part of Paragraph 14.02.D.1 .2.b. has been deleted. determine the status of completion. If ENGINEER does not b . Liens have been filed in connection with consider the Work substantially complete, ENGINEER will ' the Work, •- ��-� �n�rro n rTOR has notify CONTRACTOR in writing giving the reasons delivered atherefor. If ENGINEER considers the Work substantially ER to seeuFe tw tiF fi and diseh r -ef complete, ENGINEER will prepare and deliver to OWNER suet-biers; a tentative certificate of Substantial Completion which shall ' fix the date of Substantial Completion. There shall be c. there are other items entitling OWNER to attached to the certificate a tentative list of items to be a set-off against the amount recommended; or completed or corrected before final payment. OWNER ' shall have seven days after receipt of the tentative certificate d. OWNER has actual knowledge of the during which to make written objection to ENGINEER as occurrence of any of the events enumerated in to any provisions of the certificate or attached list. If, after ' paragraphs 14.02 .B .5 .a through 14 .02 .B .5 .c or considering such objections, ENGINEER concludes that the paragraph 15 .02 .A. Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to New paragraphs 14.02.D.1 .e, f, and g have been added. OWNER notify CONTRACTOR in writing, stating the ' See the Supplementary Conditions. reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially 2. If OWNER refuses to make payment of complete, ENGINEER will within said 14 days execute and the full amount recommended by ENGINEER, deliver to OWNER and CONTRACTOR a definitive OWNER must give CONTRACTOR immediate certificate of Substantial Completion (with a revised written notice (with a copy to ENGINEER) stating tentative list of items to be completed or corrected) the reasons for such action and promptly pay CON- reflecting such changes from the tentative certificate as ' TRACTOR any amount remaining after deduction ENGINEER believes justified after consideration of any of the amount so withheld. OWNER shall promptly objections from OWNER At the time of delivery of the pay CONTRACTOR the amount so withheld, or any tentative certificate of Substantial Completion ENGINEER ' adjustment thereto agreed to by OWNER and will deliver to OWNER and CONTRACTOR a written CONTRACTOR, when CONTRACTOR corrects to recommendation as to division of responsibilities pending OWNER' s satisfaction the reasons for such action. final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the 3 . If it is subsequently determined that Work, maintenance, heat, utilities, insurance, and warranties OWNER' s refusal of payment was not justified, the and guarantees. Unless OWNER and CONTRACTOR amount wrongfully withheld shall be treated as an agree otherwise in writing and so inform ENGINEER in amount due as determined by paragraph 14.02 .C. 1 . writing prior to ENGINEER' s issuing the definitive certificate of Substantial Completion, ENGINEER' s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 00700 - 41 t - - ' 14.06 Final Inspection - - - B . OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial A. Upon written notice from CONTRACTOR that Completion, but OWNER shall allow CONTRACTOR the entire Work or an agreed portion thereof is complete, reasonable access to complete or correct items on the ENGINEER will promptly make a final inspection with tentative list. OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this 14.05 Partial Utilization inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as A. Use by OWNER at OWNER' s option of any are necessary to complete such Work or remedy such ' substantially completed part of the Work which has deficiencies. specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 14 .07 Final Payment ' constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose A. Application for Payment without significant interference with CONTRACTOR's performance of the remainder of the Work, may be 1 . After CONTRACTOR has, in the accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all Work subject to the following conditions, corrections identified during the final inspection and has delivered, in accordance with the Contract ' 1 . OWNER at any time may request CON- Documents, all maintenance and operating TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, such part of the Work which OWNER believes to be certificates or other evidence of insurance ' ready for its intended use and substantially complete. certificates of inspection, marked-up record docu- If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6. 12), and other Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application will certify to OWNER and ENGINEER that such for final payment following the procedure for ' part of the Work is substantially complete and progress payments. request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 2 : The final Application for Payment shall ' CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract considers any such part of the Work ready for its Documents, including but not limited to the intended use and substantially complete and request evidence of insurance required by subparagraph ' ENGINEER to issue a certificate of Substantial 5 . 04.B . 7 ; (ii) consent of the surety, if any, to final Completion for that part of the Work. Within a payment; and (iii) complete and legally effective reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection inspection of that part of the Work to determine its with the Work. status of completion. If ENGINEER does not consider that part of the Work to be substantially 3 . In lieu of the releases or waivers of Liens ' complete, ENGINEER will notify OWNER and specified in paragraph 14.07.A.2 and as approved by CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may Punish receipts or for. If ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR ' to be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, graph 14.04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (ii) all payrolls, material and and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto. with the Work for which OWNER or OWNER's property might in any way be responsible have been 2 . No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or ' part of the Work may occur prior to compliance with Supplier fails to furnish such a release or receipt in the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may furnish a Bond or other property insurance. collateral satisfactory to OWNER to indemnify OWNER against any Lien. ' 00700 - 42 Application for such payment. Such payment shall be made - B . Review of Application and Acceptance under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims . 1 . If, on the basis of ENGINEER' s observa- tion of the Work during construction and final 14 .09 Waiver of Claims inspection, and ENGINEER' s review of the final Application for Payment and accompanying docu- Paragraph 14.09 has been deleted and replaced in its mentation as required by the Contract Documents, entirety with a new paragraph. See the Supplementary ENGINEER is satisfied that the Work has been Conditions. completed and CONTRACTOR' s other obligations A. "'''' making '' tanae of Fi-a"' payment �r-nzcirasa��aaa uc..v"Y •«•••••• •• under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing 1 a vvaWef of all Glakm }" =- 044" hMD ' ENGINEER' s recommendation of payment and . present the Application for Payment to OWNER for &em umettled Liens, fiem ae f etive Work appear- payment At the same time ENGINEER will also give written notice to OWNER and CON- r406, from z` lca' [v oexii7=`ith the Ce :ae: TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ' ENGINEER will return the Application for Payment ' to CONTRACTOR, indicating in writing the reasons ffientsi for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary 2 . aA;.[iv��a'aChetims by-Gf.".`:'!'D".r corrections and resubmit the Application for TOR against QAZ�MR ether- dma these pr-evieu* Payment. Paragraph 14.07.C .1 has been deleted and replaced with ' a new paragraph. See the Supplementary Conditions. ARTICLE 15 - SUSPENSION OF WORK AND (Note to preparers This change is- not required for TERMINATION private projects.) ' C. Payment Becomes Due 15 .01 OWNER May Suspend Work } ThiFty days after the pr-esentatieff to OVW MR e€ the Appheatien €er Payw&nt an The last sentence of Paragraph 15.01 .A has been deleted ' aeeempanymg--deetunentatienn;the amei.mt and replaced with new sentences. See the Supplementary Conditions. when a „ be paid by n�xr�r R to CON A. At any time and without cause, OWNER may tel= suspend the Work or any portion thereof for a period of not ' more than 90 consecutive days by notice in writing to CON- 14.08 Final Completion Delayed TRACTOR and ENGINEER which will fix the date on - which Work will be resumed. CONTRACTOR shall A. If, through no fault of CONTRACTOR, final resume the Work on the date so fixed. r'^"TF " CTO completion of the Work is significantly delayed, and if shall be allowedan ,,J ti t in the GentEaet P a "e "" ENGINEER so confirms, OWNER shall, upon receipt of extea,ien of the Eentraet Tines, OF beams ' CONTRACTOR' s final Application for Payment and #Fib t bl rise., r�nrrro r-rO umzvausmc—[v—air`T—v[iva �copc...,...... recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the 15 .02 OWNER May Terminate for Cause ' remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage A. The occurrence of any one or more of the stipulated in the Agreement, and if Bonds have been following events will justify termination for cause: ' finnished as required in paragraph 5 .01 , the written consent of the surety to the payment of the balance due for that 1 . CONTRACTOR' s persistent failure to portion of the Work fully completed and accepted shall be perform the Work in accordance with the Contract ' submitted by CONTRACTOR to ENGINEER with the Documents (including, but not limited to, failure to ' 00700 - 43 supply sufficient skilled workers or suitable materi- rights or remedies of OWNER against CONTRACTOR— als or equipment or failure to adhere to the progress then existing or which may thereafter accrue. Any retention schedule established under paragraph 2 .07 as or payment of moneys due CONTRACTOR by OWNER adjusted from time to time pursuant to paragraph will not release CONTRACTOR from liability. 6 .04) ; A new Paragraph 15.02.D has been added. See the ' 2 . CONTRACTOR' s disregard of Laws or Supplementary Conditions. Regulations of any public body having jurisdiction; 15 .03 OWNER May Terminate For Convenience ' 3 . CONTRACTOR' s disregard of the authority of ENGINEER; or A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause 4 . CONTRACTOR's violation in any and without prejudice to any other right or remedy of substantial way of any provisions of the Contract OWNER, elect to terminate the Contract. In such case, Documents. CONTRACTOR shall be paid (without duplication of any items): ' New Paragraphs 15.02.A.5 and 15.02.A.6 have been added. Seethe Supplementary Conditions. 1 , for completed and acceptable Work executed in accordance with the Contract Docu- The third sentence of Paragraph 15.02.B has been ments prior to the effective date of termination, ' deleted and replaced with a new sentence. See the including fair and reasonable sums for overhead and Supplementary Conditions. profit on such Work; B . If one or more of the events identified in paragraph ' 15 .02.A occur, OWNER may, aftergiving CONTRACTOR 2 , for expenses sustained prior to the (and the surety, if any) seven days written notice, terminate effective date of termination in performing services the services of CONTRACTOR, exclude CONTRACTOR and furnishing labor, materials, or equipment as re- from the Site, and take possession of the Work and of all quired by the Contract Documents in connection ' CONTRACTOR' s tools, appliances, construction equip- with uncompleted Work, plus fair and reasonable went, and machinery at the Site, and use the same to the full sums for overhead and profit on such expenses; extent they could be used by CONTRACTOR (without ' liability to CONTRACTOR for trespass or conversion), Paragraph 15.03.A.3 has been deleted in its entirety. incorporate in the Work all materials and equipment stored 3 . f" " 11 elaiin" "^"t" losses, and dan nos at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as > OWNER may . deem expedient. In such case, CONTRACTOR shall not be entitled to receive any fii Cher payment until the Work is finished. , ' the n t.. t Priee exeeeds all elaiff% eest" loose" an and ediem and dwaages (i 1 ,7 ng 1....t not 1 kyA* d to " 11 fes and ehar-^e" e f 4, for reasonable expenses directly - , bar etheF d • efeselti ^ ^"t") attributable to termination, sustained by QVA��R arising—eut of o r-el��o B . CONTRACTOR shall not be paid on account of If such claims, costs, losses, and loss of anticipated profits or revenue or other economic loss ' damages exceed such unpaid balance, CONTRACTOR arising out of or resulting from such termination. shall pay the difference to OWNER Such claims, costs, losses, and damages incurred by OWNER will be reviewed 15 .04 CONTRACTOR May Stop Work or Terminate by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. Parts of Paragraph 15.04 have been deleted. When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days by ' lowest price for the Work performed. OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for C. Where CONTRACTOR' s services have been so Payment within 30 days after it is submitted, er. OWNE ' terminated by OWNER, the termination will not affect any fails forr 30 day:rte pay GONTMGTOR n sum finally 00700 - 44 ' a + a +,, be &e then CONTRACTOR may, upon the first and include the last day of such period. If the last - seven days written notice to OWNER and ENGINEER, and day of any such period falls on a Saturday or Sunday or on a provided OWNER or ENGINEER do not remedy such day made a legal holiday by the law of the applicable ' suspension or failure within that time, terminate the jurisdiction, such day will be omitted from the computation. Contract and recover from OWNER payment on the same terms as provided in paragraph 15 .03 . In lieu of terminating 17 .03 Cumulative Remedies ' the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application A. The duties and obligations imposed by these for Payment within 30 days after it is submitted, of General Conditions and the rights and remedies available OV94ER has failed for- 30 days to pay GQ�WMGTOR any hereunder to the parties hereto are in addition to, and are not sum n a tear...aa to be d*e CONTRACTOR may, to be construed in any way as a limitation of, any rights and seven days after written notice to OWNER and remedies available to any or all of them which are otherwise ENGINEER, stop the Work until payment is made of all imposed or available by Laws or Regulations, by special ' such amounts due CONTRACTOR, including interest warranty or guarantee, or by other provisions of the thereon. The provisions of this paragraph 15 .04 are not Contract Documents, and the provisions of this paragraph intended to preclude CONTRACTOR from making a Claim will be as effective as if repeated specifically in the Contract under paragraph 10.05 for an adjustment in Contract Price Documents in connection with each particular duty, ' or Contract Times or otherwise for expenses or damage obligation, right, and remedy to which they apply. directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. 17 .04 Survival of Obligations A. All representations, indemnifications, warranties, ARTICLE 16 - DISPUTE RESOLUTION 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 16 .01 Methods and Procedures survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. Paragraph 16.01 .A has been deleted and replaced with a new paragraph. See the Supplementary Conditions. 17 .05 Controlling Law methods and pr-eeedtwes, ' Paragraph 17.05.A has been deleted and replaced with a „ ,; set f +,, +,, te-- e..+ ,� • r,...a�ne new paragraph. See the Supplementary Conditions. shamethed and pr-eeedur-e has been set 934; and subjeet to the A. qq:kis C;enteet is to be geNremed by the law of the CON,,, A 1;1QR may e3w,:eise such fights e. F.e--M edies as New Paragraphs have been added. See the Supplementary ' 1 Conditions. ' ARTICLE 17 - MISCELLANEOUS ' 17 .01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of ' the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. ' 17 .02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude 00700 - 45 SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS NOTE : THIS TABLE OF CONTENTS iS NOT COMPLETE AND NEEDS TO BE UPDATED Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC —1 . 01 ' Before Starting Construction SC —2 . 05 Preconstruction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 Performance , Payment and Other Bonds SC — 5 . 01 Certificates of Insurance SC — 5 . 03 ' CONTRACTOR'S Liability Insurance SC — 5 . 04 OWNER'S Liability Insurance SC — 5 . 05 Property Insurance SC — 5 . 06 Waiver of Rights SC — 5 . 07 Receipt and Application of Insurance Proceeds SC — 5 . 08 Labor; Working Hours SC — 6 . 02 Permits SC — 6 . 06 Taxes SC — 6 . 10 Test and Inspections SC — 13 . 03 Progress Payments SC — 14 . 02 Mediation SC — 16 . 02 ' Arbitration SC — 16 . 03 Liens SC — 17 . 06 0219-00800 - Supplementary Conditions 00800 i F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doC Rev. 05/01 SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS ' SC -1 .00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No . 1910-8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below. All provisions , which are not so amended or supplemented , remain in full force and effect. ' The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions . ' SIC -116011 Defined Te FMS SC - 1 01 A 4dd Me fe#owing language at thin end Af GG 1 01 4 :20 , €� li rvirrc�F+rc r.7vv rJvi+at� r'it: nl�•.j.�m�e Address Phe n e ' SC -2 . 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place : C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor ' shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . ' SC -2 . 06 Pre -Construction Conference SC-2 . 06 Delete paragraph GC-2. 06.A in its entirety and insert the following paragraph in its ' place: A . Immediately after awarding the contract , but before the CONTRACTOR begins work, the Engineer will call a pre- construction conference at a place the ENGINEER designates to establish an understanding among the parties as to ' the work and to discuss schedules referred to in paragraph 2 . 05 . 6 , procedures for handling Shop Drawings and other submittals , and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. ' 0219-00800 - Supplementary Conditions.doc 008001 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219.00800 - Supplementary Conditions.doc Rev. 05/01 SC -3 . 06 Coordination of Plans , Specifications , and Special Provisions SC-3 . 06 Add the following new paragraphs immediately after paragraph GC-3. 05: ' SC-3 . 06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows : 1 . Written Interpretations 2 , Addenda 3 . Specifications ' 4 . Supplementary Conditions to the General Conditions 5 , General Conditions 6 , Approved Shop Drawings ' 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 the preparation of Drawings and Specifications , ENGINEER or ENGINEER ' s 1 Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site : 1 . Report dated June 2000 , prepared by Fraser Engineering and Testing , Inc. , entitled : Subsurface Soil Investigation for Proposed North County Regional Park . D . Copies of reports and drawings itemized in SC4 . 02. 0 are included with Contract Documents as Appendix " B" . E . x W� r ed TDA . �MrdiFiInr h � � eness hn� � ro These rennr+e anrl r♦ rowinnc r, re nn+ part of who— ' is oi' i + DOGUFneRtS , but the a n mnv rnhi ne. irlen+ifiorl nne her+ Ahn� io :; ro innnrnnr7+art_+herninby rnfn rnn nn ONIITDAr`T/1D is nn+ on+i+ler? +n rely unnn other infnrmn+inn nniJ data utilized-by ENGINEERand1 p [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLE r ' 0219-00800 - Supplementary Conditions.doc 008002 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 SC4.03 Differing Subsurface or Physical Conditions SC-4 . 03 . C . 3 Delete the following text from the second sentence of paragraph GC-4. 03. C. 3: 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 by the OWNER. 3 , The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . SC-5 . 01 . 13 . Delete paragraph GC-5. 01 . 8 in its entirety and insert the following paragraph in its place: Be All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such ' sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such r person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . SC -5. 03 Certificates of Insurance SC-5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. 0219-00800 - Supplementary Conditions 008003 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219.00800 - Supplementary Conditions.doc Rev. 05/01 SC -5 .04 CONTRACTOR' s Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC-5. 04. 8: C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : ' 1 . Worker's Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident, $500 , 000 ' disease (policy limit) and $ 100 , 000 disease (each employee) . Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee (s ) of the CONTRACTOR. 2 . Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations c. Contractual Liability d . Independent Contractors e . - Explosion f. Collapse g . Underground . 3 , Business Auto Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and ' Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos c. Non-Owned Autos . 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 Florida" will be named as "Additional ' Insured " on both the General Liability, Auto Liability and Builder's Risk "All Risk" 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 . An appropriate " Indemnification " clause shall be made a provision of the Contract (see paragraph 6 . 20 of the General Conditions ) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . 0219-00800 - Supplementary conditions 008004 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - SupplementaryConditions.doc Rev. 05101 f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for ' service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . ' —rA-cdditi8Flall iri u FedSJ. 1 -' A add+tiAR Ctr ' RdiaR rRc*V9F G91 JRty, F= IeFi a , the fG ! IG ding iRdiyid als 9 ' 'cr'�i �r t "additinn � u a 9R the QQNTDAGTQR ! wa�ities� h I be as—� T �n insFr�ds---o„ h 31 SC -5 . 05 OWNER' s Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05.A in its entirety. SC-5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06. A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the ' Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER, CONTRACTOR, Subcontractors , ENGINEER , ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions , and the officers , directors , partners , employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder's Risk "All Risk" or p or open peril special causes of loss p P policy form that shall at least include insurance for physical loss and damage to the ' Work, temporary buildings , falsework , and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft, vandalism and malicious mischief, earthquake , collapse , ' debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . ' 3 . include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects ) ; 4 , cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for ' Payment recommended by ENGINEER; and ' 5 , allow for partial utilization of the Work by OWNER; 6 , include testing and startup ; and 00 ' 0219-00800 - Supplementary Conditions .doc 008005 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 ' 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER , CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B . CONTRACTOR shall be responsible for any deductible or self-insured retention . C . The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5 . 06 shall comply with the requirements of paragraph 5 . 06 . 0 of the General Conditions , E . AdditrieRal It teGS' " 9R the a Indian Diver GG Rty Clerida SC -5 .07 Waiver of Rights SC-5 . 07 Delete GC-5. 07 (paragraphs A, 8, and C) in its entirety. SC -5 .08 Receipt and Application of Insurance Proceeds ' SC-5 . 08 Delete GC-5. 08 (paragraphs A and 8) in its entirety. SC -6 . 02 Labor; Working Hours ' SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC-6. 02. 8: 1 . Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are . New Year's Day, 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 though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . ' 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR , and a credit given to the ' OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR . 5 . All costs of OWNER Is employees and costs of ENGINEER's Consultant resulting ' from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR , and a credit given to OWNER to deduct all such costs from any payments otherwise ' due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 7 p . m . except in case of emergency upon specific permission of the ENGINEER . leg ' 0219-00800 - Supplementary Conditions .doc 008006 FAEngineehng\Capital Projects\021940tching Station Trailhead10219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 SC -6 . 05; Substitutes .and "Or-Equals" ' SC-6 . 05.A Delete paragraph GC-6. 05A in its entirety and insert the following in its place: ' A . _' Whenever an item of material or equipment is specified or described in the ; Contract Documents by . using the ,name of a proprietary item or the name of a particular Supplier, that proprietary item or particular Supplier shall be used and no other will be ' considered . If the =specification or description contains or is followed . bywords such as "equivalent" ;or "or-equal ," then the specification or description is intended to establish the type , function ., appearance , and quality required . Gln such case , substitution of ' other items of material or equipment or material or equipment of other Suppliers may be • submitted ° to ENGINEER for review under the circumstances described below. SG6 . 05 . AAea . (ii) Delete sentence 13C-6. 05.A . 1 . a. (ii) in its entirety and insert the following in ' its place: (ii ) it will reliably ,perform ;at least equally well the function of the named item of ' material or equipment, and ; 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 fumish 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 : E . The—OWIPI€ R h ;;g epia+ned the f^ tt^, . ,i ^ ry permits ( GGpio of these peFFni+ r n 1 . 2, 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 . g ' 0219-00800 - Supplementary Conditions.doc 008007 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 r SC-6 . 10 Taxes - [Add this language if you want to use sales tax exempt status for the material purchased by CONTRACTOR] SG=6'. 10 .A 'Delete paragraph GC-6 ' 10.A in its entirety and insert the following in its place: ' OWNER qualifies ' for state an, r, r' tax exemption in the purchase of all material' and equipment.; [ Probably check with finance department for specific wording . Also, supplement language to Instructions to Bidders in 1 -22 , per EJCDC Guide] SC -6 .20 Indemnification 1 SC-6 . 20 Delete paragraph GC-6. 20 in its entirety and insert the following in its place: A. CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents , employees , elected officers and representatives , from liabilities , damages , losses, and costs , including but not limited to, reasonable attomeys fees , to the extent caused by the negligence, recklessness or intentionally wrongful ' conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement . SC -8 . 02 Replacement of Engineer SC-8 . 02 Delete the following text from paragraph GC-8. 02.A : to whom GGNT-RAGT-OR makes Fie reaSORable el� eGtiei:i-,r SC-9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work rSC-9 . 09 Delete paragraph GC-9. 09. B in its entirety. SC -12 .01 Change of Contract Price SC- 12 . 013 . 2 Delete the following text from paragraph GC- 12. 01 . B. 2 and add a "period" () at the end of the remaining text. : with-paragFaph 12 .01-G2) s 9r. SCA 2. 01 Delete paragraphs GC42. 01 . B. 3 and GC42. 01 . C in their entirety. SC -12 . 06 Delay Damages SC- 12 . 06 Delete paragraphs GC- 12. 06. A and GC- 12. 06. B in their entirety and insert the ' following paragraph in their place: A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for damages arising out of or resulting 008008 0219-00800 - Supplementary Conditions FAIEngineeringlCapital Projects\0219-FOtching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 from any delay whatsoever. The CONTRACTOR' s sole and exclusive remedy for delays to the project are time extensions . SC -13 . 03 Test and Inspections SC- 13 . 03 . B . Delete the first sentence of paragraph GC- 13. 03. 8 (up to the colon) in its entirety, and insert the following sentences in its place: C . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the Contract Documents ' except those inspections , tests , or approvals listed immediately below. Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment . The CONTRACTOR shall arrange , obtain , and pay for the ' following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraph 13 . 03 . D below; ' 2 , costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 8 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 . tests otherwise specifically provided in the Contract Documents . SG 13 . 93 . Add the fe& wing paFagFaph immediately after- paFagraph GG . 6�i The n\ A/ PICS shall use the fnllnwir;n 4ocfinn hhnra}nnr• SC -13 . 04 Uncovering Work ' SC- 13 . 04 . 13 Delete portions of the last two sentences as follows: If, however, such Work is not found to be defective , CONTRACTOR shall be allowed-ap ' �ease il; _the GGRtraGt orlon nr an extension of the Contract Times (or Milestones ) ,-eF beth, directly attributable to such uncovering , exposure , observation , inspection , testing , replacement , and reconstruction . If the parties are unable to agree as to the eF ' extent thereof, CONTRACTOR may make a Claim therefore as provided in paragraph 10 . 05 . ' 13 . 05 OWNER May Stop the Work SC- 13 . 05 . A. Delete paragraph GC- 13. 05. A in its entirety and insert the following paragraph in its ' place: A. If the Work is defective , or CONTRACTOR fails to supply sufficient skilled ' workers or suitable materials or equipment , or fails to comply with permit requirements , or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , OWNER may order CONTRACTOR to stop the Work , or any ' portion thereof, until the cause for such order has been eliminated ; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any ' Subcontractor, any Supplier, any other individual or entity , or any surety for, or employee or agent of any of them . ' 0219-00800 - Supplementary Conditions .doc 008009 F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Doa10219-00800 - Supplementary Condltions.doc Rev. 05!01 ' employee or agent of any of them . 14.02 Progress Payments ' SC- 14 . 02. B . 5 . Delete paragraph GC- 14. 02. B. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 . 02 .A; or SC- 14 . 02 . 6 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER or ENGINEER' s Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work ; or f. 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 GG14. 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. SC- 14 . 02 . D . 1 . b Revise GC44. 02. D. 1 . b to read as follows: b . Liens have been filed in connection with the Work . ' SCA4 . 02 . DA Add the following paragraphs at the end of paragraph GC44. 02. D. 1 . d. e . CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors ; f. the Work for which payment is requested cannot be verified ; g1 of persistent failure to carry out the Work in accordance with the Contract Documents , or otherwise unsatisfactory prosecution of the Work; or he of any other breach of, default under or violation of, or failure to comply with , the ' provisions of the Contract Documents . SC -14. 07 Final Payment ' SCA4 . 07 . C. 1 . Delete paragraph GC- 14. 07. C. 1 in its entirety and insert the following paragraph in its place: iC . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Florida Prompt Payment Act ' ( F . S . Chapter 218 . 70 , et. seq . ) . 0219-00800 - Supplementary conditions 0080010 FAEngineeringCapital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - SupplementaryConditions.doc Rev. 05/01 SC -14. 09 Waiver of Claims SC- 14 . 09 Delete paragraph GC44. 09.A in its entirety and insert the following paragraph in its place: A. Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and ' neglect of the OWNER and others relating to or arising out of this Work. Any payment , however, final or otherwise , shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and ' Performance Bonds . SC -15 . 01 OWNER May Suspend Work SC- 15 . 01 .A Delete the last sentence in paragraph GC- 15. 01 .A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension . ' SC -15 . 02 OWNER May Terminate For Cause SC- 15 . 02 . A. 5 and SC- 15 . 02 . A. 6 Add the following new paragraphs immediately after paragraph GC45. 02. A . 4: 5. . CONTRACTOR�s violation of Section 02225 - " Erosion Control` and Treatment; of Dewatering Water From the ConstructionSite." 6 . CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC- 15 . 02 . 13 Delete the third sentence in paragraph GC- 15. 02. 8 and insert the following in its ' place: If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and damages (including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and dispute resolution or litigation costs ) sustained by OWNER arising out of or relating to completing the Work, CONTRACTOR will be paid for acceptable earned Work that is fully completed or partially completed , and executed in accordance with the Contract Documents , prior to the effective date of termination . ' SC- 15 . 02 . D Add the following new paragraph immediately after paragraph GC45. 02. C: D . CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination . SC -15.03 OWNER May Terminate For Convenience 0219-00800 - Supplementary conditions 0080011 FAEngineering\Capital Projects\0219-Kitching Station Trailhesd\0219 Kitching-Contract Docs\0219-00800 • Supplementary Condifions.doc Rev. 05/01 tSC- 15 . 03 .A. 3 Delete paragraph GC45. 03.A . 3 in its entirety. SC-15.04 CONTRACTOR May Stop Work or Terminate SC- 15 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04.A : GF OWNER fails feF 30 days te pay GONTRAGTOR . - iy sUFn fiRally deteRnii;ed te be due , SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04.A : GF OWNER has failed fer 3Q days te pay GONT-RAGTGR aRy sum finally deteFMORed to be dee; SC -16 DISPUTE RESOLUTION SC- 16 . 01 .A. Delete paragraph GC46. 01 .A in its entirety and insert the following paragraph in its ' place: A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Docu- ments or the breach thereof, to mediation by a certified mediator of the 19th ' Judicial Circuit in Indian River County. If mediation is unsuccessful, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any ' dispute . SC -17 .05 Controlling Law SC- 17 . 05 .A. Delete paragraph GC47. 05.A in its entirety and insert the following paragraph in its place: ' A. 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 Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . Add the following new paragraphs immediately after paragraph GC17. 05: ' SC- 17 . 06 Liens ' A. This project is a " Public Works" under Chapter 255 , Florida Statutes . No merchant's liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida ' Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labor, materials and supplies are not assessable against ( Indian River County and are subject to proper prior notice to ( CONTRACTOR'S Name ) and to ( CONTRACTOR Surety Company Name) , pursuant to Chapter 1 0219-00800 - Supplementary Conditions 0080012 F:\Engineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 255 of the Florida Statutes This paragraph shall be inserted in every sub- , subcontract hereunder. " The payment due under the Contract shall be paid by - the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons , firms or corporations who ' are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work, have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does ' hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job . i SCA 7e08 Equal Employment Opportunity A. The CONTRACTOR shall comply with Executive Order 11246 of September 24 , 1965 , entitled " Equal Employment Opportunity, " as amended by Executive Order 11375 of October 13 , 1967 , and as supplemented in Department of Labor regulations (41 CFR Chapter 60 ) . SCA 7 . 09 Compliance With the Copeland "Anti =Kickback" Act ' A. The CONTRACTOR shall comply with the Copeland "Anti- Kickback" Act ( 18 U . S . C . 874) as supplemented in Department of Labor regulations (29 CFR Part 3 ) , SCAMO Compliance With the Contract Work Hours and Safety Standards Act A. The CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U . S . C . 327-330) as supplemented by ' Department of Labor regulations (29 CFR Part 5) . SCAM1 Access to Books , Documents , and Papers ' A. The CONTRACTOR shall maintain books , records , documents and other evidence directly pertinent to performance on EPA funded work under this Contract in accordance with generally accepted accounting principles and practices consistently applied , and 40 CFR , Part 30 or 31 , as applicable , in effect on the date of execution of this Contract. The CONTRACTOR shall also maintain the financial information and data used in the preparation or support of ' the cost submission required under 40 CFR 31 . 36 for any negotiated contract or change order. The OWNER, United States Environmental Protection Agency ( EPA) , the Comptroller General of the United States , the United States ' Department of Labor, the Florida Department of Environmental Protection ( FDEP ) and the State , or any of their authorized representatives , shall have access to all such books , records , documents and other evidence for the purpose of inspection , audit and copying during normal business hours . The CONTRACTOR will provide facilities for such access and inspection . ' B . Paragraphs A through G of this clause are applicable to all negotiated Change Orders and Contract amendments affecting the Contract Price . C . Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies ) . 0219-00800 - Supplementary conditions 0080013 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.dac Rev. 05/01 ' D . The CONTRACTOR agrees to disclose all information and reports resulting from access to records under paragraphs A and B of this provision to any of the ' agencies referred to in paragraph A. E . Records under paragraphs A and B above shall be maintained by the CONTRACTOR during performance on EPA assisted work under this Contract for the time periods specified in 40 CFR, Part 30 or 31 , as applicable . In addition , those records which relate to any controversy arising under an EPA assistance agreement, litigation , the settlement of claims arising out of such ' performance or to costs or items to which an audit exception has been taken shall be maintained by the CONTRACTOR for the time periods specified in 40 CFR , Part 30 or 31 , as applicable . F . Access to records is not limited to the required retention periods . The authorized representatives designated in paragraph A of this clause shall have access to ' records at any reasonable time for as long as the records are maintained . G . This right of access clause applies to financial records pertaining to all ' agreements (except formally advertised , competitively awarded , fixed price agreements ) and all contract change orders regardless of the type of agreement. In addition , this right of access applies to all records pertaining to all agreements , agreement change orders and agreement amendments : a) to the extent the i records pertain directly to agreement performance ; b ) if there is any indication that fraud , gross abuse or corrupt practices may be involved ; or c) if the agreement is terminated for default or for convenience . SC -17-12 Compliance With Applicable Standards , Orders , or Requirements ' A. The CONTRACTOR shall comply with all applicable standards , orders , or requirements issued under Section 306 of the Clean Air Act (42 U . S . C . 1857 (h ) ) , Section 508 of the Clean Water Act (33 U . S . C. 1368 ) , Executive Order 11738 , ' and U . S . Environmental Protection Agency regulations (40 CFR Part 15) . SC -17-13 Energy Efficiency ' A. The CONTRACTOR shall comply with all applicable standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( Pub . L . 94- 163 , 89 Stat. 871 ) . + + END OF SUPPLEMENTARY CONDITIONS ++ 0219-00800 - Supplementary conditions 0080014 FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-00800 - Supplementary Conditions.doc Rev. 05/01 ' SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ' ENGINEER immediately. The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor, construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER . The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions . 1 . Failure to comply with the requirements of the ENGINEER under this provision shall be grounds for determination by the ENGINEER that the CONTRACTOR is not prosecuting the work with such diligence as will insure ' completion within the time specified . Upon such determination , the ENGINEER may recommend to the OWNER to seek such legal remedy as is deemed necessary to protect the OWNER Is interest . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall ' be delivered to the OWNER at the following location : N /A , at the CONTRACTOR 5s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR's expense . ' D . Requirements of Permits or Grants : In addition to these Specifications , all work shall comply with the requirements of local permitting agencies , St . Johns River Water Management District , Florida Department of Environmental Protection , Florida ' Department of Transportation , and all other state or federal agencies ' permit or grant requirements . If there is a conflict between the Specifications and any permit or grant requirement , then the most stringent specification or requirement shall govern . In any event , the ENGINEER shall determine which specification or requirement governs , and the ENGINEER' s decision shall be final . ' E . Other Specifications and Requirements : In some instances , the Specifications Last revised 12/10/02 01009- 1 PROJECT RlEngineering\Capital Projects\0219-Kitching Station Trailhead10219 Kitching-Contract Docs10219-01009 - Special Provisions .doc ' contained herein may refer to other requirements or specifications (such as FDOT' s Standard Specifications for Road and Bridge Construction ) . If there is a conflict between the Specifications and any referenced specification or requirement , then the most stringent specification or requirement shall govern . In any event , the ENGINEER shall determine which specification or requirement governs , and the ' ENGINEER' s decision shall be final . F . Notify all permitting agencies of intention to begin construction . Give proper ' notification within the time frame required by the agency. G . Give the ENGINEER ten ( 10 ) days minimum notice before beginning work on the ' Project . H . Give the ENGINEER a minimum of 48 hours notice before performing any test . ' I . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner, or verify in ' writing that such has been previously obtained . Follow all requirements of any said permits or authorization . Give the ENGINEER and appropriate owner ten ( 10 ) days minimum notice before commencing construction operations outside the designated limits of the work site . J . Do not work overtime unless authorized to do so by OWNER . If overtime is ' required , provide 48 hours minimum notice to the ENGINEER . K . Do not perform any work on holidays or weekends that requires inspection by the ' ENGINEER or OWNER , without first obtaining the OWNER' s written permission . L . Anything mentioned in the Specifications and not shown in the Drawings , or shown ' in the Drawings and not mentioned in the Specifications , shall be of like effect as if shown or mentioned in both . ' M . The items of work on this project are to proceed in the sequence listed in Section 01014 , " Maintenance of Operations " and shall be operable within the time frame ' stated from the date of the Notice to Proceed . Do not start any work that involves modification to existing facilities , until written approval and authorization has been received from the OWNER or his designated representative . After written approval ' and authorization has been received , give the OWNER a minimum of 48 hours advance notice before starting any work that involves modifications to existing facilities . ' + + END OF SECTION + + Last revised 7/6/01 01009=2 PROJECT ' FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01009 - Special Provisions.doc ' SECTION 01010 SUMMARY OF WORK 1 . 1 GENERAL A. The summary of the Work described in this Section is an overall summary of the ' responsibilities of the CONTRACTOR and his relation to the OWNER . 1 . 2 LOCATION OF WORK ' 4 0 95t ' STREET NORTH COUNTY PARK A. The proposed work is located at 9 5 ( ) . SEBASTIAN , FL 32960 1 . 3 WORK TO BE DONE ' A . Construct a replica train station , parking lot , and walking trail . [ Note to Preparers The above language is very job specific and has been provided as ' an example only] Be Furnish all the labor, materials , equipment , tools , plant , supervision , transportation , safety control , traffic control , services , incidentals , etc , to complete all of the work in a first-class workmanlike manner as required by the Contract Documents to the full and complete satisfaction of the Owner. All work shall be performed by craftsmen skilled in their trade . ' C . Work shall include all repairs , replacements and restoration required as a result of damages caused during the construction process . ' D . Furnish and install all materials , equipment and labor which are reasonably and properly inferable and necessary for the proper completion of the work , even though said materials , equipment and labor may not be specifically indicated in the Contract ' Documents . 1 . 4 CONTRACTS ' A . The Work shall be constructed under one prime contract. Last Revised 9/6101 01010- 1 PROJECT FAEngineering\Capital Projects\0219-Kitching Stadon Trailhead\0219 Kitching-Contract Docs\0219-01010 - Summary of Work.doc ' 1 . 5 PARTIAL UTILIZATION BY OWNER A. Conduct the Work to maintain existing facilities in operation at all times . 1 . 6 CONTRACTOR ' s USE OF PREMISES ' A . Secure a location for on-site storage of all material and equipment necessary for completion of this project . Submit the proposed location and storage layout to the ' OWNER/ENGINEER at the pre-construction conference for approval . Be Assume full responsibility for protection and safekeeping of products stored on or off premises . Co Move stored products that interfere with the operations of the OWNER . additional storage or work areas required . D . Obtain and pay for all a g q E . Provide and pay for Tabor, materials and equipment ; tools , construction equipment and machinery; water, heat and utilities required for construction ; and other facilities and services necessary for proper execution and completion of the work. F . Secure and pay for Government Fees and Licenses . G . Give required- notice to Agencies and to the public . Take particular care to adequately inform the public of scheduled temporary disruption of water, drainage , and/or sewer services . H . Comply .with codes , ordinances , rules , regulations , orders and other legal requirements of public authorities which bear on performance of the Work . I . Maintain traffic on all roads and streets , in compliance with the Contract Documents . + + END OF SECTION + + Last Revised 916101 01010-2 PROJECT FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01010 - Summary of Work.doc SECTION 01014 MAINTENANCE OF OPERATIONS 1 . 1 GENERAL A . Schedule and perform the Work in a manner such that the OWNER can keep ' existing facilities in continuous dependable operation . Be Perform all construction necessary to complete connections and tie- ins/shutdowns to existing facilities . C . Keep existing facilities in operation unless otherwise specifically permitted in these specifications or approved in writing by the OWNER . 1 . 2 GENERAL CONSTRAINTS A . Furnish any temporary work, facilities , roads , walks , protection of existing structures , piping , blind flanges , valves , equipment , etc , that may be required to maintain continuous and dependable operation of existing systems , at no extra cost to the OWNER . Be Schedule the Work in such a manner so that all existing systems are maintained in continuous operation . All short-term system or partial system shutdowns shall be approved in writing by the OWNER . If, in the opinion of the ENGINEER , a shutdown is not required in order to perform the Work , utilize alternative methods to accomplish the Work. Schedule and coordinate all shutdowns at times suitable to the OWNER . Provide the OWNER with a minimum of 7 days notice of the need for any system shutdown . C . Required shutdowns shall not begin until all materials are on-hand , pre-assembled (as possible ) , and ready for installation . At a time approved by the OWNER , the shutdown period will commence and the CONTRACTOR shall proceed with the work continuously, start to finish. , until the work is completed and the system is tested , cleared for service , and ready for operation . If the CONTRACTOR completes all required work before the specified shutdown period has ended , the ' OWNER may immediately place the system back in service . D . The OWNER shall have the authority to order work stopped or prohibited which would , in its opinion , unreasonably result in stopping the necessary functions of the operations . Last revised : 7/6/01 01014- 1 PROJECT ' FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01014 - Maintenance of Operations.doc E . The OWNER reserves the right to cancel scheduled shutdowns if conditions warrant . Delays to the CONTRACTOR caused by cancellations will be considered ' in evaluating requests for time extension . F . All operations of existing valves shall be done by the Utility Company that owns the valves . There is no guarantee that valves will be 100 percent watertight . G . All facilities shall be tested and in operating condition before final tie- ins are made . ' 1 . 3 SUBMITTALS A . Submit a detailed schedule of proposed connections , testing , etc . + + END OF SECTION + + Last revised 7/6/01 01014-2 PROJECT FAEngineering\capital Projects\0219-Kitching station Trailhead\0219 Kitching-Contract Docs\0219-01014 - Maintenance of Operations.doc SECTION 01025 MEASUREMENT AND PAYMENT r1 . 1 DESCRIPTION A . The items listed below, beginning with Paragraph 1 .4 , refer to and are the same pay ' items listed in the Bid Form . They constitute all of the pay items for the completion of the Work . Furnish and install any items shown or omitted that are required for a complete installation , at no additional cost to the OWNER . No direct or separate payments will be made for providing miscellaneous temporary or accessory works , plant , services , CONTRACTOR' s or ENGINEER' s field offices , repair or replacement of existing utilities , layout surveys , job signs , sanitary requirements , testing , safety devices , replacement of unpaved roads , clean -up , protection of the Work and property, field verification or location of buried utilities , record drawings , water supplies , power, maintaining traffic , removal of waste , watchmen , bonds , insurance , and all other requirements of the General Conditions , Supplementary Conditions , General Requirements , and the Specifications . Compensation for all such services , things , and materials shall be included in the prices stipulated for the lump sum or unit price pay items , as applicable , listed herein. Be Each lump sum and unit bid price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each separately identified item . 3 . Note that many of the descriptions for payment of the bid items listed below may include the words " including but not limited to , " followed by a list of specific items ' that are included in the bid item . The use of "included but not limited to , " or similar words , means that other items may be included in the bid item , but they have not been listed by the ENGINEER . If a list is provided , it is intended only as an aid to the CONTRACTOR and it shall not Limit the actual items that are included in the bid item . ' 1 . 2 ENGINEER' S ESTIMATE OF QUANTITIES A . ENGINEER' s estimated quantities for unit bid prices , as listed in the Bid Form , are approximate only and are included solely for the purpose of comparing Bids . OWNER does not expressly or by implication agree that the nature of the materials encountered or the actual quantities of material encountered or required will correspond therewith . OWNER reserves the right to increase or decrease any quantity or to eliminate any quantity as OWNER may deem necessary . CONTRACTOR will not be entitled to any adjustment in a unit bid price as a result of any change in an estimated quantity and Last revised 7/9/01 01025- 1 PROJECT ' FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and Payment.doc agrees to accept the aforesaid unit bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement , or by any changes or alterations in the Work ordered by ' OWNER , and for use in the computation of the value of the Work performed for progress payments . ' 1 . 3 RELATED PROVISIONS A . Payments to CONTRACTOR : Refer to General Conditions and Agreement. ' B . Changes in Contract Price : Refer to General Conditions , 1 . 4 BID ITEMS [Note : For hauling dirt over paved roads , include verbiage that requires CONTRACTOR to maintain traffic , and cleanup any spillage of dirt or other material along paved county, state or private roads , all at CONTRACTOR ' s expense . CONTRACTOR to immediately cleanup all spillage that creates a safety problem . Cleanup all other significant spillage within a reasonable time or as directed by OWNER. When hauling dirt or debris over unpaved roads , contractor is responsible for maintaining the road surface in a safe condition by grading , etc . as necessary, at its expense . See Section ' 02220 .] ITEMS OF PAYMENT ITEM NO . 101 - MOBILIZATION The work specified. in this section shall conform to Section 101 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (2000 Edition ) ' Item of Payment tPayment for the work specified in this item shall be made under: Bid Item No . 101 - Mobilization - Lump Sum ITEM NO . 102 as MAINTENANCE OF TRAFFIC ' The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( 1991 Edition ) , except as modified herein . A . ITEM NO . 102- 1 . 1 GENERAL PROVISIONS- DESCRIPTION : The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work. It shall include the construction and maintenance of any necessary detour facilities ; the ' Last revised 7/9/01 01025-2 PROJECT FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and 1 Payment.doc ' providing of necessary facilities for access to residences , businesses , etc. , along the project ; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if ' necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic , as used herein , shall include all of such facilities , devices and operations as are required forthe ' safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . ' B . ITEM NO , 102- 1 . 4 BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY : The Contractor shall present his Maintenance of Traffic Plan at the pre-construction conference . The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the ' workmen . The plan will indicate conditions and setups for each phase of the Contractor' s activities . ' When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals -will be considered when they are found to be equal to or better than the plan specified . In no case may the Contractor begin work until the Maintenance of Traffic Plan has Y 9 been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received . ' The costo f all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic . The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the ' schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C . ITEM NO . 102-3 . 1 TRAFFIC CONTROL - STANDARDS : The 1990 FDOT Roadway and Traffic Design Standards , set forth the basic principles and prescribes minimum standards to be followed in the design , application , installation , maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and workmen from hazards within the project limits . The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist . Last revised 7/9/01 01025-3 PROJECT FAEngineering\capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and Payment.doc The above referenced standards were developed using F . H . W . A . , U . S . D . O .T. Manual _ _ on Uniform Traffic Control Devices ( MUTCD ) . D . ITEM NO . 102-3 . 2 TRAFFIC CONTROL DEVICES , WARNING DEVICES AND BARRIERS - INSTALLATION : The responsibility for installation and maintenance of ' adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the 1 Engineer. The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re- routing of traffic . The Contractor shall immediately ' remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during ' either night or day conditions , are not acceptable for use . E . ITEM NO . 102-3 . 2 . 7 NO WAIVER OF LIABILITY : The Contractor shall conduct his ' operations in such a manner that no undue hazard will result due to the requirements of this article , and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his. surety . ' Item of Payment ' Payment for the work specified in this item shall be made under: Bid Item No . 102 - Maintenance of Trafficen Lump Sum ITEM 103 an AS -BUILT DRAWINGS ' During the entire construction operation , the contractor shall maintain records of all deviations from the Drawings and Specifications and shall prepare therefrom Arecord@ drawings showing correctly and accurately all changes and deviations from the work , made during ' construction to reflect the work as it was actually constructed . The following items are required to be shown on County project record drawings : ' A. Right-of--Way Swale/Drainage - All culverts inverts ; inlet grate and bottom elevations ; swale beginning and end bottom elevations ; and highs and lows ' along top of bank . Size of swale . Be Roadway Drainage - All inverts , manhole top elevations , grate top elevations . C . Retention Ponds - Perimeter elevations , grade breaks , depths , and calculate pond area at control elevation and grade breaks above water surface . D . Roadway: ' 1 . 1 . Elevations of PVI at profile Grade Line ( PGL ) . 2 . 2 . Edge of pavement elevations at curb inlets . 3 . 3 . Install new roadway alignment control points upon final roadway Last revised 7/9/01 01025-4 PROJECT FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and Payment.doc completion . 4 . 4 . Include all intersections and side streets . Latitude , departure and - elevations for all control points . ' 5 . 5 . Stations and offsets , all structures . E . Building — finished floor. ' Record drawings shall conform to recognized standards of drafting , shall be neat and legible . County will supply Contractor with AutoCAD 14 drawings on compact disk or 3 . 5" floppy disks . Contractor will input As- Built information on drawings and return to County. Contractor=s ' surveyor will sign and sealed six (6 ) sets of record drawings . Item of Payment ' Payment for the work specified in this item shall be made under: Bid Item - As-Built Drawings - Lump Sum ITEM NOS . 104 = EROSION AND WATER POLLUTION CONTROL ' The Contractor shall install erosion and waterP ollution control methods in accordance with FDOT Index 100 , 102 , 103 and 104 , Standard Specifications Section 104 , and all permit ' requirements . The Contractor is responsible for meeting appropriate federal , state , and local regulations and water quality standards , such as turbidity . All disturbed areas will be replanted with approved vegetation cover (either final or temporary) within 30 days of final ' grading . A . Ditches , Streams and Canals : Staked and floating turbidity barriers shall be installed in all permanent watercourse in a manner so as not to act as a dam . Barriers shall be located at distance of no greater. than 25 feet downstream from the last point of construction . Be Silt Fences : Silt fences shall be installed to prevent silt and erosion from leaving the project limits particularly adjacent to wetlands , roadside ditches or existing bodies of ' water. ' C . Storm Sewer System : The Contractor shall protect the storm sewer system from erosion and sedimentation during construction . This may include the use of baled hay, silt fences and or any other method approved by the ENGINEER. All such costs ' associated with this shall be included in the unit cost of storm sewer system . Should any constructed item be damaged due to erosion or sedimentation , the Contractor shall repair or replace the item with no additional compensation . All new and existing ' (where called for) storm sewer pipes shall be clean and free from silt prior to final acceptance . ' D . The contractor shall maintain stormwater runoff during construction so that flooding does not occur. The Contractor shall coordinate the work with the County. 01025-5 PROJECT Last revised 7/9/01 RlEngineering\Capitai Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and 1 Payment.doc Item of Payment ' Payment for the work specified in this item shall be made under: Bid Item Nos . 100 , 102 , 103 & 104 - Erosion and Water Pollution - Lump Sum ITEM NO . 110 - CLEARING AND GRUBBING ' The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . ( Latest Edition ) with the following modifications : ' A . Prior to any clearing and grubbing , the contractor will stake the right-of-way. Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish ' and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches -below subgrade . No stumps , roots , or perishable matter of any description shall remain under concrete slabs or footing , including pavement and ' sidewalks . Be No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor's representative . C . Where the final pavement or structural work will be close to existing trees , the Contractor shall exercise care in the vicinity of the trees . Further, the Contractor shall ' saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer or where shown on the drawings , work shall be done Aby hand@ in order to protect the trees . D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair or major root structures . All severed roots shall be sawn clean and paint with pruning ' paint. Stumps , roots , etc . , shall be completely removed and disposed of by the Contractor. Undesirable , dead , and/or damaged trees (as so designated by the Engineer) shall be removed . 1 E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for transplanting is required , this work shall be done in cooperation with the Owner and at Last revised 7/9/01 01025-6 PROJECT FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and Payment.doc ' no additional expense to the Owner. G . All items to be removed shall be excavated to their full depth . All culverts removed ' from residential driveway entrances within the right-of--way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge . ( See Paragraph 9 , Special Provisions ) ' The County shall transport the culverts to the County's storage yard . All metal castings for catch basins , manholes , or other structures shall be carefully removed and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Where required , suitable material as approved by the Engineer shall then be backfilled and compacted to restore the ' original contour of the ground . The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications . ' H . No additional payment will be made , nor will additional work , or change orders be authorized for work needed to remove , relocate , protect , or otherwise account for in the construction of the work depicted in the plans , for any feature , or item that would ' be apparent from a careful inspection of the site and review of the plans , even though such feature or item is not specifically called out in the plans . It is therefore essential the contractor make such inspection and review . ' I . The unitP rice bid for this item shall include the cost of all labor, tools , and equipment necessary to excavate , remove , and dispose of those items as directed by the ' Engineer and where designated on the Drawings . The cost of restoration and backfill and compaction for the specific area of removal shall also be included under this item . rItem of Payment Payment for the work specified in this item shall be made under: Bid Item 110 - Clearing and Grubbing - Lump Sum The provisions of Special Provisions , Paragraph 9 shall be applicable and the costs thereof ' included under this item . ' ITEM NO . 120 - GRADING ' The work specified in this item shall conform to Section 120 of the Florida Department of Transportation Specifications for Road and Bridge Construction . ( Latest Edition ) . Excess fill removed to be delivered to Indian River County to a site designated bythe County Engineer. ' This item shall include all excavation of whatever kind , including subsoil , if necessary , for the roadway, drainage channels , removal of existing pavement, structures and any other work ' normally included in Section 120-7 . Also included is all work necessary to construct all necessary embankments , including compaction of same , normally included in Section 120-8 and 102-9 . Grading of swales and the construction of all earthwork necessary to achieve the Last revised 7/9/01 01025-7 PROJECT RIEngineering\capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and ' Payment.doc final elevations , lines , grades and contours shown on the plans shall be included in this item _ No other additional payment will be made for any earthwork , grading or excavation . ' Item of Payment Payment for the work specified in this item shall be made under: ' Bid Item No . 120 - Grading — Lump Sum ' ITEM NO . 160 - STABILIZATION - TYPE " B " (8 " SUBGRADE ) Contractor shall include a unit price for subgrade preparation . The Engineer= s sole discretion will determine the location of subgrade preparation used in the Project . The work specified in this item shall conform to Section 160 of the Florida Department of ' Transportation Specifications for Road and Bridge Construction ( Latest Edition ) as modified herein . No base will be constructed until density tests , as directed by the Engineer, show the specified values have been attained . ' The subgrade shall be stabilized to the depth shown in the plans and/or itemized proposal , 9 P P p Item of Pam Payment for the work specified in this item shall be made under: Bid Item No . 160 - Stabilized sub-grade (8 " ) — Square Yard ' ITEM NO . 285 — CEMENTED COQUINA BASE Sub Article 285-714 ( Page 182 ) is modified by the additional of the following : " Base material , thickness and requirements are described in the construction plans . ' Only one type of alternate base material shall be used through the project limits . The soil cement option will not be permitted . " Item of Payment The payment for the work specified in this item shall be made under: ' Bid Item No . 285 — Cemented Coquina Base (6 " ) — Square Yard Bid Item No . 285 - Cemented Coquina Base (4 " Path ) — Linear Feet Last revised 7/9/01 01025-8 PROJECT FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 " Measurement and Payment.doc ' ITEM NO . 331 — TYPE S ASPHALT ( 1 " S -III ) The work specified in this section shall conform to Section 331 of the Florida Department of ' Transportation Standard Specifications for Road and Bridge Construction (2000 Edition ) . Item of Payment The payment for the work specified in this item shall be made under: Bid Item No . 331 —Type S Asphalt — Square Yard ITEM NO . 430 -21 — 4" THICK SIDEWALKS ' The work specified in this item shall conform to Section 430-21 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( Latest Edition ) . Item of Payment ' Payment for the work specified in this item shall be made under: Bid Item No . 430-21 — Sodding — Square Foot ITEM NO . 550 — FENCING ' The work specified in this item shall conform to Section 550 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2000 Edition ) . ' . Item of Payment Payment for the work specified in this item shall be made under: ' Bid Item No . 550 — Type A ( Farm Fence ) — Lineal Foot Bid Item No . 550 — Fence Gate , Type A — Lineal Foot ITEM NO . 575 — SOD ( BAHIA) ' The work specified for this item shall conform to Section 575 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction ( Latest Edition ) . ' Bahia sod will be used for all disturbed areas . Fertilizer and water will be included in this work . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 575 — Sod — Square Foot ' Last revised 7/9/01 01025-9 PROJECT R\Engineering\Capital Projects\0219-Kitching station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and ' Payment.doc ' ITEM NO . 580 — LANDSCAPING (TREE LOCATION AND SHRUBS ) ' The work specified for this item shall conform to Section 580 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2000 Edition ) . ' Item of Payment Payment for the work specified in this item shall be made under: ' Bid Item No . 580 — Landscaping — Lump Sum ITEM NO . 693 — ELECTRICAL POWER SERVICE ' The work specified for this item shall conform to Section 693 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2000 Edition ) . Item of Payment Payment for the work specified with this item shall be made under: Bid Item No . 693 — Electrical Power Service — Lump Sum ' ITEM NO . 711 - SIGNING AND PAVEMENT MARKING Signing and pavement marking for traffic control shall conform to the requirements of the Standard Specifications ( 1991 and 1994 Supplement) , Manual on Uniform Traffic Control Devises , Supplemental Specifications , Roadway and Traffic Design Standards , manufacturers specifications . ' A . Traffic signs : All existing signs which are the property of the Owner shall be ' transported to the Indian River County Road and Bridge Maintenance yard by the Contractor during construction if they are within the construction limits . Care shall be exercised by the Contractor during removal , storage and relocation so as not to ' damage the signs . If any damage occurs , as determined by the Owner= s Engineer or Resident Construction Inspector, the sign shall be replaced by the Contractor with no compensation . ' Be All reflective pavement markers shall be 4" x 4 " , Stimsonite . ' Item of Payment Payment for the work specified in this item shall be made under: ' Bid Item No . 711 - Signing and Pavement Marking — Lump Sum For Building Technical provisions see Architectural Drawings pages A-3 thru A-5 . + + END OF SECTION + + Last revised 7/9/01 01025- 10 PROJECT FAEngineering\Capital Projects\0219-Kitching Station Trailhead\0219 Kitching-Contract Docs\0219-01025 - Measurement and ' Payment.doc