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HomeMy WebLinkAbout2007-403U G ;' _. INDIAN RIVER COUNTY �ORW- BOARD OF COUNTY COMMISSIONERS Bidding, Contract Requirements & Specifications For Vero Lake Estates Master Planned 12" Water Transmission Main Department of Utility Services Indian River County Project No.: UCP #2958 WIP No.: 472-169000-07516 Indian River County Bid No. 2008015 acr 0 2 mor Bidding, Contract Requirements and Specifications For Vero Lake Estates Master Planned 12" Water Transmission Main TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS 00020 Advertisement for Bids 00100 Instruction to Bidders 00310 Bid Form 00452 Disclosure of Relationships 00456 General Information Required for Bidders 00530 EJCDC - Agreement between Owner and Contractor 00610 Construction Performance Bond 00612 Construction Payment Bond 00700 General Conditions 00800 Supplementary Conditions DIVISION 1 - GENERAL REQUIREMENTS 01000 Summary of Work 01025 Measurement and Payment 01060 Regulatory Requirements and Notification 01090 Reference Standards 01152 Applications for Payment 01153 Change Order Procedures 01201 Preconstruction Conference 01311 Construction Schedules 01340 Shop Drawings, Product Data and Samples 01381 Audio -Visual Documentation 01410 Testing Laboratory Services 01510 Temporary Utilities 01560 Temporary Controls 01600 Material and Equipment 01700 Contract Close-out 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 - SPECIFICATIONS - SITE WORK 02000 Water and Wastewater Utility Standards 02115 Tree Protection and Trimming 02401 Dewatering 02485 Grassing 02576 Pavement, Sidewalk, and Driveway Replacement JA07-029 12 Inch WM - Vero Lake Estates\Documents\Reports\Bidding Contract Specifications\00002 Table of Contents.doc DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS SECTION 00020 ADVERTISEMENT FOR BIDS CONSTRUCTION OF Vero Lake Estates Master Planned 12" Water Transmission Main INDIAN RIVER COUNTY BID No. 2008015 UTILITIES PROJECT NO. UCP No. 2958 The Indian River County (IRC) Board of County Commissioners is accepting sealed bids for the construction of the Vero Lake Estates Master Planned 12" Water Transmission Main. Bids will be received by Indian River County marked "Sealed Bid" until 2:00 PM, Friday, November 9, 2007. 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 Vero Lake Estates Master Planned 12" Water Transmission Main, Bid No: 2008015, UCP No: 2958. Only bids received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1800 27`" Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. Deadline for receipt of bids has been set for 2:00 PM, Friday, November 9, 2007. All bids received after 2:00 PM. will be returned unopened. 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 the Engineer, Schulke, Bittle & Stoddard, LLC, 1717 Indian River Blvd., Suite 201, Vero Beach, Florida 32960 (772-770-96221. Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Schulke, Bittle & Stoddard, LLC in the amount of One Hundred Dollars ($100.00) for each set, which represents the cost of printing, handling and mailing and is non-refundable. Communication concerning this bid shall be directed to IRC Purchasing Department at 772-567-8000, Ext. 1416. All bids shall be submitted in Triplicate on the Bid Proposal forms provided within the specifications. A BID SECURITY must accompany each bid, and may be in the form of a BID BOND, properly executed by the Bidder and by a qualified surety, certified check or cashier's check on any bank authorized to do business in the State of Florida, and in each case, be in the amount of five percent (5%) of the total amount of bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, the bidder will enter into a Contract with the County and furnish the required Insurance and Performance and Payment Bonds within the timeframe set by the County. If the bidder fails to do so, the Bid Bond shall be retained by the County as liquidated damages and not as a penalty. 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 IRC Florida. IRC is an Equal Opportunity Employer. offices of the Engineer, Schulke, Bittle & Stoddard, LLC, 1717 Indian River Blvd., Beach, Florida 32960. This meeting is NON -MANDATORY. INDIAN RIVER COUNTY - PURCHASING MANAGER For Publication in the Vero Beach Press Please furnish tear sheet and affidavit of Journal Publication to: Date: October 3, 2007 INDIAN RIVER COUNTY PURCHASING DIVISION 180027 1h Street, Vero Beach, FL 32960 00020-1 .) W -n94 17 Inrh W M . Wm I akw Fslaraslf WumanldRamtlalRNdinn CnMrnrl Rnx.lwr tinnalonn]n AAvndieemnnl Fnr RH tlnr \M, in the 201, Vero 00020 Advertisement For Bid. doc SECTION 00100 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, The Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from JOSEPH SCHULKE; SCHULKE, BITTLE & STODDARD, L.L.C., Indian River County Utilities Department, hereinafter called ENGINEER. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within five days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance, J:W-029 121nch WM - Vero Lake Estates)Bocuments6 eporis%Bidding Contract Specifications100100 Instruction To Bkiders.doc 00100 Instruction To Bidders.doc 00100-1 J:W-029 121nch WM - Vero Lake Estates)Bocuments6 eporis%Bidding Contract Specifications100100 Instruction To Bkiders.doc or furnishing of the work, (c) consider federal, state, and local laws and regulations that may affect costs, progress, performance, or furnishing of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports, but not upon non- technical data, interpretations, or opinions contained therein or for the completeness thereof the purposes of bidding or construction. To obtain access to the site, the following shall be contacted: "Art Pfeffer", Project Specialist, (772-567-8000) ext. 1826. Protect Location: 22,934 LF + of 1211 water main, along the following route: From CR512, south on 104th Avenue, then east on 93rd Street, then south on 103rd Court, then west on 89th Street, then south on 104th Avenue, then east on 791h Street, then north on 91st Avenue, then east on 85th Place, to CR510. 4.2.2 Those drawings of physical conditions in relation to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings, but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.02 and 00100 Instruction To Bidders.doc 00100-2 JS07-029 12 Inch WM -Vero Lake EetataSMoWnnenls\RepodslBidding Contract SpedficalionWoloo InstrUdion To Bidders.doc 4.03 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the work and which Bidder deems necessary to determine its Bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the work is to be performed, right-of-way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by and paid for by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meanings or intent of the Contract Documents are to be directed in writing to the Purchasing Department. Interpretation or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Owner as having received the Bidding Documents. Questions received less than ten days prior to the date for the opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 00100 Instruction To Bidders.doc 00100-3 J:\W-02912 Inch WM -Vero Lake Estates%DocumentslRep rts%Biddin9 contract Speo6cations100100 Instruction To Sidders.doc 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum bid price and in the form of a certified or cashier's check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.01.8 and 5.02 of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award, and the Bid security of that Bidder shall be retained by Owner not as a penalty but as liquidated damages. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the Agreement or the sixty-first day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with bids which are not competitive may be returned before the end of the sixty-day period. 7. CONTRACT TIME The number of days within which, or dates by which, the work is to be substantially completed and also complete and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in 00100 Instruction To Bidders.doc 001004 Jd07-029 121nch WM -Vero Lake Estates\Docunnents\Reportsl8iddin9 Contract Specifirafions\0010O Instruction To Sidders.doc Paragraphs 6.05 of the General Conditions and may be supplemented in the General Requirements. 10. BID FORM 10.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 10.2 All blank spaces on the Bid Form for bid prices must be completed in ink or typewritten, in both words and figures. 10.3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 10.4 Bids by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature. 10.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Form). 10.7 The address and telephone number for communications regarding the Bid must be shown. 10.8 Additional forms to be submitted with the Bid Form include: Section 00452 — "Disclosure of Relationships'; and Section 00456 — "General Information Required for Bidders; and Trench Safety Act Compliance Statement". 10.9 Bid Security in the form of an AIA Form 310 Bid Bond, certified check or cashiers check drawn on any bank authorized to do business in Florida in the amount of 5% (five percent) of the total amount of the bid, payable to Indian River County Board of County Commissioners. 11. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 00100 Instruction To Bidders.doc 00100-s J W7.02912 Inch WM - Veno Lake Estates%Documents%ReponsOidding Contract 5pecification51001001nstruclion To Bidders.doc 11.1 The Bidder shall submit the Bid in Triplicate on the forms, or an exact copy of the forms, furnished herewith. The blank spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted. 11.2 The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer. Contract Documents are not transferable to other parties for bidding purposes. Bids received from firms whose names are not recorded by the Owner or the Engineer as having secured documents for this Contract will be rejected. 12. MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 12.2 If, within two business days after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. 13. OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 14. BIDS TO REMAIN SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for sixty days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 15. AWARD OF CONTRACT 15.1 Owner reserves the right to reject any and all Bids; to waive any and all informalities or irregularities in any Bid; to negotiate contract terms with the Successful Bidder; and to disregard all non -conforming, non- responsive, unbalanced, or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder. The Owner reserves the right to select, from among the various Bid alternates, those alternates to be included in the final Contract as well as the right and option to award or rebid alternates in any sequence or at any time as 00100 Instruction To Bidders.doc 00100-6 J:107-029121nch WM-Vero Lake Estates\DocumenWRepodsl idling Contrad specftations=100 I nstruction To Mders.doc deemed to be in the best interest of the Owner. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Owner reserves the right to cancel the award of any Contract at any time before the execution of such Contract by all parties without any liability to the Owner. For and in consideration of the Owner considering Bids submitted, the Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever, in the event the Owner exercises its right to cancel the award in accordance herewith. 15.2 In evaluating Bids, Owner will consider the qualifications of the Bidder, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 15.3 Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award. 15.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 15.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner. 15.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. 15.7 More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will be considered in future proposals for the same work. 15.8 Within ten (10) calendar days of the date of award of the Contract, the 00100 Instruction To Bidders.doc UP7 Idol J'W742912 Inch WM -Vero Lake Estates%DocumentstRegortstBidding Contract SOecificationst(IOM Instruction To Bidders doc Bidder to whom the Contract is awarded shall execute and deliver the Contract to the Owner. Payment Bond 100% of the Bid and Performance Bond for 100% of the Bid shall have been furnished, executed, and delivered before the Contract will be executed by the Owner, together with the required Certificate of Insurance. 15.9 Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract / Insurance and the Payment and Performance Bonds in the manner and within the time provided shall be just cause for annulment of the award and for the exclusion of the Bidder from bidding on subsequent projects, at the Owner's discretion. It is understood and agreed by said Bidder, that if the award is annulled for the above reasons, the certified check or Bid Bond shall become the property of the Owner, not as a penalty, but as liquidated damages. 16. CONTRACT SECURITY Paragraph 5.01 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. The Performance Bond shall contain a specific provision that liquidated damages are covered by the Performance Bond. 17.0 PUBLIC DISCLOSURE STATEMENT Any entity entering into a contract with Indian River County as Owner shall disclose any relationship that may exist between the contracting entity and an Indian River County Commissioner or Indian River County employee. The relationship with either must be disclosed as follows: Father, mother, son daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 18. FLORIDA PRODUCED LUMBER The selected Bidder as Contractor Manager agrees to comply with the provisions of Section 255.20, Florida Statutes, as such statute may be amended from time to time, wherein Indian River County as Owner must specify lumber, timber and other forest products produced and manufactured in Florida whenever such products are available and their price, fitness and quality are equal. 19. SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be 00100 Instruction To Bidders.doc 11DR114111., J:WT-02912 Inch WM -Vero Lake Esntesl0ocumenns Rep rh;l ding Contract specigcations=I W Instmction To Bidders.doc accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with required insurance and Payment and Performance bonds. Within a reasonable time thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the drawings with appropriate identification. 20. TRENCH SAFETY Florida Statutes Section 553.60 through 553.64, known as the "Trench Safety Act" requires all contractors engaged by Indian River County, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. All prospective subcontractors are required to sign a Trench Safety Act Compliance Statement and provide compliance cost information where indicated. The costs for complying with the Trench Safety Act must be incorporated into the Bid price submitted. 21. PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017 for CATEGORY TWO [currently $25,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" 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, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. * * END OF SECTION * * 00100 Instruction To Sidders.doc 00100-9 J \0]-02912 Inch W M -Vero Lake Estates0ocuments%Repons\8idding Contract Specigcations1001001nstMction To Bidders.doc SECTION 00310 BID FORM PROJECT IDENTIFICATION: Vero Lake Estates Master Planned 12" Water Transmission Main UCP# 2958, IRC BID No: 2008015 THIS BID IS SUBMITTED TO: Indian River County Purchasing Department 1801 27th Street, Building B Vero Beach, FL 32960 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Agreement with the bonds and other documents required by the Owner within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number (b) Bidder has familiarized itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other terms and conditions of the contract documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examination, investigations, explorations, test, reports, studies or similar information or date or will be required by Bidder for such purposes. 00310-1 J:107-0 912 Inch WM -Vero Lake EstateslDocumenisweportslBidding Contrail Specifications1W310 Bid Form.Goc (d) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or (e) contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. (f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation, Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder will complete and include with the bid the Schedule of Bid Items attached to this Proposal. The quantities shown on the Schedule of Bid Items are approximate quantities to be used for the purpose of comparing bids. The actual quantities may vary. It is further understood that the actual amount of the Agreement, and payments there under, will be based upon the actual quantities placed into the work. The Remainder of this Page Leff Blank Intentionally 00310-2 J:07-02912 Inch WM- Vero lake EstateslDommentMep nslBidding CoMrad Spepficationa100310 Bid Form.doc Bidder agrees that the work will be completed in accordance with the following time frame: (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. J. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Mobilize all labor, equipment, and materials. 6. Deliver and store all equipment and materials to the job site. 7. Notify all utilities and other affected parties prior to initiating construction. (b) From 30 calendar days to 210 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their preconstruction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a and b) constitute Substantial Completion. C) From 210 calendar days to 240 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract close-out procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 6. The following documents are attached to and made a condition of this Bid: (a) Schedule of Bid Items. (b) Required Bid Security. 7. Communications concerning this Bid shall be addressed to: Indian River County Purchasing Department 1801 27th Street Building B Vero Beach, FL 32960 772-567-8000 x1416 The address of Bidder indicated below is as follows: SUBMITTED ON: (DATE) SUBMITTED BY: (NAME OF BIDDER/TITLE) SIGNED BY: (SIGNATURE) 00310-3 J.WR 29 12 Inch WM - Vero Lake EstatesOowmentMReportsOdding Conrad SpecificationsWonto Bid Form doc UF 9 U c G L U y Vi F. :L W LL W W Cv LL K W W G Q G F G¢ LL Vl Y V] VJ d i+a G E ° 9 > � r 4 U > lA O PQWQ. 0.Q 0 QP. O qd D am: 03 r d d a oF_o u O a ag¢¢¢¢¢¢ .. � uJ UJ m O. V] q W O ry G C U m a A a a v �.: m s> a F a L LL 6 (.^, U V O U a' d Z a TRENCH SAFETY ACT COMPLIANCE STATEMENT Project Name: Vero Lake Estates Master Planned 12" Water Transmission Main Project Number: Project Location: Indian River County, FL Instructions: Florida Statutes Section 553.60 through 553.64, known as the "Trench Safety Act" requires all contractors engaged by Indian River County, Florida to comply with Occupational Safety and Health Administration's excavation safety standard, found in 29 C.F.R. s. 1926.650 Subpart P. All prospective contractors are required to sign this Trench Safety Act Compliance Statement and provide compliance cost information where indicated below. The costs for complying with the Trench Safety Act must be incorporated into this Project's base Bid. Certify this Statement in the presence of a notary public or other officer authorized to administer oaths. Certification 1. I understand that the Trench Safety Act requires me to comply with OSHA excavation safety standards found in 29 C.F.R. s. 1926.650 Subpart P. I will comply with The Trench Safety Act and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this Project. 2. The estimated cost imposed by compliance with The Trench Safety Act will be: Dollars per linear foot of trench to be excavated. 3. The estimated cost imposed by compliance with the Trench Safety Act will be: shoring used. Dollars $ per square foot of special 4. The amount listed above has been included within the Base Bid. Certified: (Contractor) By: (Signature) (Typed or Printed Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_ by of me or has produced Notary Public My Commission Exr _ who is personally known to as identification. sea]) • END OF SECTION * * 00310-5 J 10]-029 12 Ind1 WM -Vero Lake Estales%Do menls\ReportsTidding Contrad Specifiratiomi1 10 Bid Form.doc SECTION 00452 - Disclosure of Relationships THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. for 1. This sworn statement is submitted by: (Name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement ). 2. My name is (Please print name of individual signing) and my relationship to the entity named above is 3. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. I understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, step- father, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] _ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee: 00452 Disclosure of Relationships.doc 00452-1 J:1W-029 121nch WM - Vero Lake Eststes0ocuman151ReporbABidding Contract SpeciOcationsU 52 Disclosure of Relationships doc Rev. 05101 (signature) (date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_ by of has produced _ Notary Public_ My Commission who is personally known to me or as identification. seal) * * END OF SECTION * * 00452 Disclosure of Relationships.doc 00452-2 J'W7-02912 Inch WM - Vero Lake EstalesWccumentskReWrlsOdding contract SpecificationsWIN52 Disclosure of Rectionships.doc Rev. 05101 Name of County Commissioner or em to ee Relationship F (signature) (date) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_ by of has produced _ Notary Public_ My Commission who is personally known to me or as identification. seal) * * END OF SECTION * * 00452 Disclosure of Relationships.doc 00452-2 J'W7-02912 Inch WM - Vero Lake EstalesWccumentskReWrlsOdding contract SpecificationsWIN52 Disclosure of Rectionships.doc Rev. 05101 SECTION 00456 GENERAL INFORMATION REQUIRED OF BIDDERS The undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Additional sheets shall be attached as required. Documentation Submitted with the Bid No: for Contractor's Name / 2. Contractor's Telephone & FAX N 3. Contractor's License 4. Number of years as a Contractor in construction work of the type involved in this 5. What is the last project of this nature that you have completed? 6. Have you ever failed to complete work awarded to you, and if so, where and 7. List the names and titles of ALL officers of Contractor's firm: 8. Name of person who inspected site or proposed work for your firm: Name: Date of Inspections: 9. List equipment you will purchase or rent to complete this project: 10. (a) Please state your bonding capacity per project. (b) Please state your total bonding capacity. (c) Please provide name, address, telephone number, and contact person of your bonding company. NOTE: If requested by the County, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. (Signature) (Position or 00456 General Information required of Bidders.doc 00456-1 SECTION 00530 - EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT dated the day of in the year 2007 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and5aEurio4sart$ LonlsTt, Tta.{hereinafter called CONTRACTOR). 6. 0. ;.J6 OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: The construction of approximately 22,934 If of 12" P.V.C. and H.D.P.E. Master Planned 12" Water Main and associated appurtenances to be located and constructed along the following route: - Connection is made to a 20" D.I.P. water main at the southeast corner of CR512 and 104th Ave. intersection. - On 104th Ave.; from CR512 south 1350 If to 93rd St. - On 93rd St.; from 104th Ave, east 320 If to 103rd Ct. - On 103rd Ct.; from 93rd St., south 2735 If to 89th St. - On 89th St.; from 103rd Ct., west 335 If to 104th Ave. - On 104th Ave.; from 891h St., south 6605 If to 791h St. - On 79th St.; from 104th Ave, east 8650 If to 918t Ave. (excluding the west 2,089 If) - On 91 at Ave.; from 79th St., north 4378 If to 85'h PI. - On 85th PI.; from 91 at Ave., east 650 If to 90th Ave (CR510) - Connection is made to a 16" D.I.P. water main at the southwest corner of 85th PI. and 90th Ave (CR510) intersection. CONTRACTOR, as an independent contractor and not as an employee, shall furnish, for the sum amount ofj'��, 8 , 3.7, 0 - U � , all of the necessary labor, material, and equipment to perform the work described above in accordance with the Contract Documents. ARTICLE 2. ENGINEER The project has been designed by Joseph Schulke; Schulke, Bittle & Stoddard, L.L.C., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. 00530 EJCDC - Agreement between Owner and Contractor 00530-1 C:\Dxuments and Senings\kjackson\Local Settings\Temporary Internal Files\OLMEM530 EJCDC - Agreement between Owner and Contractoctloc ARTICLE 3. CONTRACT TIME. 3.1 The work will be completed in accordance with the following time frame. (a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Mobilize all labor, equipment, and materials. 6. Deliver and store all equipment and materials to the job site. 7. Notify all utilities and other affected parties prior to initiating construction. (b) From 30 calendar days to 210 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a and b) constitutes Substantial Completion. (c) From 210 calendar days to 240 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. 00530 EJCDC - Agreement between Owner and Contractor 00530-2 C: wur nts and SetlingsVgackson\Lmal Settings\Temporary Intemet Res\OLK1 E\005W EJCDC -Agreement between Owner and Contract,rdm ARTICLE 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of 5i G 8 t 3 2 8 ARTICLE 5. PAYMENT PROCEDURES. 5.1. Progress Payments. The Owner shall make progress payments to the Contractor on the basis of the approved partial payment request as recommended by Engineer in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. 5.1.1. The Owner shall retain ten percent (10%) of the payment amounts due to the Contractor until fifty percent (50%) completion of the Work. After fifty percent (50%) completion of the Work is attained as certified to Owner by Engineer in writing, Owner shall retain five percent (5%) of the payment amount due to Contractor until final completion and acceptance of all Work to be performed by Contractor under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as Owner has expended fifty percent (50%) of the total cost of the construction services Work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services Work provided under the Contract Documents. 5.2. Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by Owner and the application for payment shall contain the Contractor's certification. All progress payments will be on the basis of progress of the Work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the Contractor may submit a pay request to the County as Owner for up to one half (1/2) of the retainage held by the County, and the County shall promptly make payment to the Contractor unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County or the Contractor. The Contractor acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), Contractor further acknowledges and agrees that: 1) the County shall receive immediate written notice of all decisions made by Contractor to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) Contractor will not seek release from the County of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1.1 and 5.2 do not apply to construction services Work purchased by the County as Owner which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 00530 EJCDC - Agreement between Owner and Contractor 00530-3 C \Documents and Settings\kjackson\ xal Settings\Terrwrary Internet Files\0"l E\00530 EJCDC - Agreement bemeen Owner and ContraOor.dm ARTICLE 6. INTEREST. Not Applicable. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 00530 EJCDC - Agreement between Owner and Contractor 00530-4 CADocuments and Sedings\kjackson\Local Servings\Temporary Internet Files\OLK1 E100530 EJCDC - Agreement between Owner and Contractocdw ARTICLE 8. CONTRACT DOCUMENTS. The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the work, consist of the following: 8.1 This Agreement (Section 00530). 8.2 Performance and other bonds (Sections 00610 and 00620). 8.3 Notice of Award and Notice to Proceed. 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards September 2004 or latest version". 8.7 Drawings, inclusive with each sheet bearing the following general title Vero Lake Estates Master Planned 12" Water Transmission Main 8.8 Division 1 — General Requirements 8.9 Division 2 — Specifications — Site work 8.10 Addenda numbers to inclusive. _ _, 8.11 Indian River County Water and Wastewater Utility Ordinances. 8.12 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 and 3.05 of the General Conditions; All construction permits (section 1060 ). 8.13 Bid Form (Section 00310) There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions. ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement, which are defined in Article 1 of the General Conditions, will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that 00530 EJCDC - Agreement between Owner and Contractor 00530-5 C1Documants and SetlingsIXjackson\Lxal Seedings\Temporary Intemet Files\OLK1 B00530 EJCDC -Agreement between Owner and Contractor.dx may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS TRADE OR TRADES WHICH ARE INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER. 9.5 CONTRACTOR agrees to indemnify and hold harmless the COUNTY, together with its agents, employees, elected officers and representatives, from liabilities, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful misconduct of the Contractor and persons employed by or utilized by the CONTRACTOR in the performance of the work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. The indemnification is limited to five million dollars per occurrence. 9.6. Venue. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 00530 EJCDC - Agreement between Owner and Contractor 00530-6 =Xuments and Seuingstl jwkson\Local Settings\Temporary Internet Files\OLM E\00530 EJCOC- Agreement between Omer and Comractor-tloo The Remainder of this Page Left Blank Intentionally 00530 EJCDC - Agreement between Owner and Contractor 00530-7 C\Docurnents and Setlings\Nackson\Local SetangsUerrporary Internet Files\01-M E\D0530 EJCDC - Agreement between Owner and Contractor. o IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER Indian River Coun Boardof County Commissioners BN/ (/l/��%��fi Sandra L,, 6wad i3OChairman Attest J. K:'Barton, Clerk oflhe Circuit Court rr'q•; By: Deputy Clerk A. I as to FormIndieral Sufficiency: County Attorney Address for giving notices 180127 th Street Vero Beach, Florida 32960 CONTRACTOR (CORPORATE SEAL) Address for giving notices P. 0, 60 Y� 33 G =od A' n r4o r1\ 440.3 Q Sb License No. C6 C IsQ 13'43 V (If CONTRACTOR is a corporation, attach evidence of authority to sign) ** END OF SECTION ** 00530-8 00530 EJCDC - Agreement between Owner and Contractor C:\Documents and Settings*jack cn\L.ocal Settings\Temporary Internet Files\OLK1 B00530 EJCDC -Agreement between Owner and Contractor.doc 1890778 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL SECTION 00610 - Performance Bond BK: 2226 PG:2074, Pagel of 6 1211112007 at 11:51 AM, KNOW ALL MEN BY THESE PRESENTS: JEFFREY K BARTON, CLERK OF BY THIS BOND, We` SHELTRA & SON CONSTRUCTION CO.,INC. COURT _P 0 BOX 3364 INDIANTOWN FLORID 772 97-3180 as Principal and `" GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET riNrTHNATT nuTn 45 02 (800) 331-3379 INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE CONTRACTOR INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE SUREri re Id an fir I bo nd nto the County of Indian River, Florida, in the sum of tine Hundre� Six. i �It T�iousand, Thretollars (s 968.328.00 _ ), amounting to gR4r of the t to pace, or the payment of said sum we bind ourselves, 4 AA our heirs, executors, administrators and assigns, jointly and everally, for the faithful performance of a certain written Contract, dated the 1j2_ day of twLO � $5 2007, entered into between the Principal and the County of Indian River, for: Project Name: Vero Lake Estates Master Planned 12" Water Transmission Main County Project Number. UCP2958 County Bid Number: 2008015 Project Location: Project Description Water Transmission Main A copy of said Contract including all Contract Documents therein referenced and made a part thereof is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects perform in accordance with the terms and conditions of the Contract and its obligations thereunder at the times and in the manner prescribed in the Contract, and shall indemnify and save harmless the County of Indian River as set forth in the Contract and in the performance of the work under the Contract, and further, if the Principal shall promptly make payments to all claimants, as defined in Florida Statutes Section 255.05(1)(2007) as amended from time to time, who supply him with labor, services, or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said 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 property 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 losses, damages, expenses, costs and attorney's fees 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, ousio Performance Bond.doc 00610-1 M711",2 lntl WM.WMLd,v Eelelea10a1meMslRopalelyldd'vg Conlrocl.^.pe�Jr�iioneVJW107ut1afmw,m 0ond,da Rev. V&01 SA P f or his agents or his servants, or the infringements of any patent rignis oy reason UI Ll 1G U�u UI any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby 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 change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. The Surety agrees that the liquidated damages provisions of the Contract are expressly covered by this Bond. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several 20 (fl -the name and corporate seal of seals, this day of � each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Y....<satyr..ff.<araf•Iaaf<.rarroa...<aa+ruffa<xx+ar...«afraalY««<ara••ff<ffaaawf<f:.+aarY«+..f.+arrf WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness BY: Address Witness Name of Partnership Partner Printed Name of Partner (SEAL) Address f+U 41M11f1fL+YY1YY11xxffffYlYtYIYfTtfxYYlrf YYffeltllbYltYflxxxxfxMYYYYff<ffYfYYYYfffi<f 1fYYYYYffRYY<ffaf+lY WHEN THE PRINCIPAL IS A CORPORATION: SHELTRA & SON CONSTRUCTION CO.,_INC. Official Title 00010 Pedormance Bond.doc 00610-2 JA01•02012 Jrc WM. Vela L2ka Fu.leelDdeVlmntslRepd(Islalddlnp C naadl 9aec M1= s100810 Pml mw 6dnd.dac Rev. 0.' 1 aaaarraaaaaa..+•rrrr.aaaaaaaaas«..aaa.aaas.aa.4*0waaaa.a.aaa•a•rraa.asas w a a,...aaaa..aaa•rr.as.raa.r.aaaa ra. CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the 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, seal and attested for and on behalf of Said corporation by authority of Its governing body_ 1 Y aw Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: STATE OF FLORIDA COUNTY OF INDIAN RIVER REAT AMERICAN INSURANCE COMPANY Corporate Surety 580 WALNUT STREET, CINCINNATI, OHIO 45202 Business Address BY: FRANCIS T. O'REAR ON ATTORNEY-IN-FACT & RESIDENT FLORIDA AGENT Attomey-In-Fact JOHNSON & COMPANY Name of Local Agency P. 0. DRAWER 672 ORLANDO FLORIDA 32802 Business Address Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared FRANCIS T. O' REARDON , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the GREAT AMERICAN INSURANCE Clind that he has been authorized by THEM 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 this27TH day of NOVEMBER 20 07 6/Notary Public, State of Florida My Commission Expires: JULY 12, 2009 " END OF SECTION a I ' P r, l u,� ;7 ,,1I„ , ;q..es �v�U Joann H. Sebout �t Commission # DD406298 ?�,{sz Expires July 12, 2009 �r77i II 90ndw0 iro7lnn.l„nn„yInn WO'70b7018 00610 Perfar ince BOnd.dac 00610-3 JM1D7-029 12 Inch WM - Vero LAO Eswlas�menlwUiWneOlWing Centrad. Speclfltalbnet00010 PMO=O 00n0d" Rsv.0"l ;7 ,,1I„ , ;q..es �v�U Joann H. Sebout �t Commission # DD406298 ?�,{sz Expires July 12, 2009 �r77i II 90ndw0 iro7lnn.l„nn„yInn WO'70b7018 00610 Perfar ince BOnd.dac 00610-3 JM1D7-029 12 Inch WM - Vero LAO Eswlas�menlwUiWneOlWing Centrad. Speclfltalbnet00010 PMO=O 00n0d" Rsv.0"l GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369.5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 17617-628 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio. does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney- in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name TODD L. JOHNSON FRANCIS T. O'REARDON JOANN H. BEBOUT PAMELA P. SMITH Address ALL OF ORLANDO, FLORIDA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7TH day of JUNE . 2005 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513.412-4602) On this 7TH day of JUNE, 2005 . before me personally appeared DAVID C. KITCHIN, tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L.BERR — �•---O?AP DU LIC STAT OFCHIC'/_� �•�..I tiv l.f ilCil�a100 �% Ir `;• 0-C9 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOLVED: That the Division president, the several Division Vice Presidents and Assistant Vice Presidents, or anv one of them, be and henebv is authorized,from time to time, to appoint one or more Attornevs-in-Fact to execute on behalf of the Company, as surerv, anv and all bunds, undertakings and contracts of suretyship. or other written obligations in dee nature thereof to prescribe their respective duties and the respective limits of their authority': and to revoke anv such appointment at anv time. RESOLVED FURTHER: That the Companv seat and the signature of anv of the aforesaid officers and anv Secretary or -Assistant Secretary of the Companv may be a%fnxed by facsimile to arm power of aftorne-v or certificate of either given f,r the execution of anv bond, undertaking, contract or suretvship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by rhe Company as the original signature of suck officer and the original seal of the Companv, to be valid and binding upon the Companv with the same force and effect as trough maually affixed. CERTIFICATION I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Powq,tif. At Resolutions of the Board of Directors of March 1. 1993 have not been revoked and are now in full force and effect. .!t�?Z p, Signed and sealed this day ofa:'� �k 51029U(4-04) r; KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, We SHELTRA & SON CONSTRUCTION CO., INC. P. 0, -BOX 336o INDIANTOWN, FL RIDA-3180 as Principal and GREAT AMERICAN INSURANCE MPA 580 WALNUT STREETs CINCINNATI OHIO 45202 800 331-3379 ' INSERT NAME, PRINCIPAL BUSINESS ADDRESS, AND PHONE NUMBER OF THE CONTRACTOR '• INSERT NAME, PRINCIPAL BUSINESS A�hDeDRECSS, AND PHONE NUMBER OF THE SURETY ffRE �HUNDi SftXiY-ftR T9AAND, 7 y la Indian River, Florida, in the sum of .. _..�._, AKIM .I„I1nn ollars t$ 968,328.00 ), amounting to 100% of the total bid price. or the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 20 day of 1J0%&-M41!&� , 200_, entered into between the Principal and the County of Indian River, for: Project Name: Vero Lake Estates Master Planned 12" Water Transmission Main County Project Number: UCP2958 County Bid Number: Project Location: Project Description: 2008015 Water Transmission Main A copy of said Contract including all Contract Documents therein referenced and made a part thereof 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 defined below, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A claimant is defined as any person supplying the Principal with labor, materials or supplies, used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, and is further defined in Florida Statutes Section 713.01. 2. The provisions of Florida Statutes Section 255.05 together with all notice and time provisions contained in Florida Statutes Section 255.05(2)(2007) shall apply to this Bond. 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 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 Policyholders rating of "A -VII". 00612 Payment 9ond.dcc 00612-1 1107.0'l!121M WM-V= Lake EvlmestOoelYMN.WepOfl,1tlb01ng ConVe[.1 Spmt:W elons100012 Pay1119n1 Dow 000 Am,Owl The Principal and Surety jointly and severally covenant ana agree Lnac LI115 oul,u Will 1G1 I loll I III full force and effect for a period of one year commencing on the date of Substantial Completion as established on the Certificate of Substantial Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, liquidated damages, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF, the attove bound parties executed this instrument under their several seals, this day of 20V, 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. .........r•4ra..•6.....:...a.t.axrr..wr..r..++.+a+aa••.r.rr::..r.a.+aaarr..r....+.+++aaaa..»..r...+a aaaaaaaa WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness BY: Address Witness Address Name of Partnership Partner Printed Name of Partner (SEAL) •rwwvrei+ra•YMrrrrwrewwamrraraaaaaarwwrar•serwsrrrwaaaaa+4aaarrarrwwrrrxwrrrraaaaalMrrr•rtfrr:arrrra++fa4 WHEN THE PRINCIPAL IS A CORPORATION: Ir T rs� 1. 411ttl� qn y% ..I _ ¢�rpijra�l ItAL4 I )n SHELTRA & SON CONSTRUCTION CO., INC. Official Title 00612 Payment Bond.doc 00612-2 IW420 12 Inch WM-Vero Laka Eswicnz wmanlsViepomkBlddln0 Cmvacl Spedncellons=012 Pormont DO Am Rev. D5101 CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the within bond: that44 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, seafed *; and attested for and on behalf of Said corporation by authority of Its governing body. > ; Secretary (SEAL) Y TO BE EXECUTED BY CORPORATE SURETY: Attest:Awo =b4 '• �' ia�." . ;. GREAT AMERICAN INSURANCE COMPANY "..."I Secretary Corporate Surety t 580 WALNUT STREET_ *+ CINCINNATI, OHIO 45202 T a� + Business Address taj' corporate SEAL) FRANCIS T. O'REARDON ATTORNEY-IN-FACT & RESIDENT FLORIDA AGENT_ 444 Attomey-In-Fact JOHNSON & COMPANY Lf6�` Name of Local Agency `„'•z` P, 0. DRAWER 672 ~y ORLANDO, FLORIDA 32802 Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared FRANCIS T. O'REARDON , to me well known, who being by me first duly sworn upon oath, says that he is the attorney-in-fact for the GREAT AMERICAN INSURANCE CO.and that he has been authorized by THEM 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 27TH day of NOVEMBER 20 07 N#fary Public, State of Florida My Commission Expires: JULY 125 2009 * * END OF SECTION' * �d J ;;,.• Joann H. Be out jiAEx Ju pirel DD406298 Y, �w.arq.sY 12, 2009 rce he pp"W7019 00612 Payment aond.doc 00612-3 007-02912 Inch WM- Vero Lela EzmmslDocumenlllRepolpl9baing C uaa s9wwwncQw2 Pep1,en1 eone.occ Rw. MIDI GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 17617 -629 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney- in-fact, for it and in its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name TODD L. JOHNSON FRANCIS T. O'REARDON JOANN H. BEBOUT PAMELA P. SMITH Address ALL OF ORLANDO, FLORIDA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 7TH day of JUNE , 2005 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - ss: DAvlo C. KiTCHiN (513-4124602) On this 7TH day of JUNE, 2005 , before me personally appeared DAVID C. KITCHIN, tome known, being duly sworn. deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L EERR't T. ELIC STATE CF OHIO i '= C r3 3iCn ExpIRS 02-16-C9 r This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of diem, be and hereby is authorized. from time to tune, to appoint one or more Artornevs-in-Fact to execute on behalf of the Company, as surety anv and all bonds, undertakings and contracts ofntrervship, or outer ltritten obligations in the nature thereof,to prescribe their respeclive duties and the respective limits of their authority- and to revoke anv such appointment at anv time. RESOLVED FURTHER: That the Companv ,seal and the signature of anv of the aforesaid officers and anv Secretary or Assistant Set rerary of the Companv may be affi-red by facsimile to anv power of atrornev or certificate of either given for the execution of anv bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and .seal when so used being herebv adopted by the Comparhv as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Companv with the same fore and effect as though manually affixed. CERTIFICATION r, ? 1. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Powgp .er'A'tforney.and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. 1 h l s ; Signed and sealed this day of t � � $1029U (4-04) t STATE OF OHIO. COUNTY OF HAMILTON - ss: DAvlo C. KiTCHiN (513-4124602) On this 7TH day of JUNE, 2005 , before me personally appeared DAVID C. KITCHIN, tome known, being duly sworn. deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument: that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. KAREN L EERR't T. ELIC STATE CF OHIO i '= C r3 3iCn ExpIRS 02-16-C9 r This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of diem, be and hereby is authorized. from time to tune, to appoint one or more Artornevs-in-Fact to execute on behalf of the Company, as surety anv and all bonds, undertakings and contracts ofntrervship, or outer ltritten obligations in the nature thereof,to prescribe their respeclive duties and the respective limits of their authority- and to revoke anv such appointment at anv time. RESOLVED FURTHER: That the Companv ,seal and the signature of anv of the aforesaid officers and anv Secretary or Assistant Set rerary of the Companv may be affi-red by facsimile to anv power of atrornev or certificate of either given for the execution of anv bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and .seal when so used being herebv adopted by the Comparhv as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Companv with the same fore and effect as though manually affixed. CERTIFICATION r, ? 1. RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Powgp .er'A'tforney.and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. 1 h l s ; Signed and sealed this day of t � � $1029U (4-04) This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General [seal] Contractors of America Construction Specifications Institute [seal] These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910- 50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 101515th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS = ARTICLE 2 - PRELIMINARY MATTERS..................................................................................................................... 7 2.01 Delivery of Bonds............................................................................................................................. 7 2.02 Copies of Documents....................................................................................................................... 7 2.03 Commencement of Contract Times, Notice to Proceed................................................................. 7 2.04 Starting the Work.............................................................................................................................. 8 2.05 Before Starting Construction............................................................................................................ 8 2.06 Preconstruction Conference............................................................................................................ 8 2.07 Initial Acceptance of Schedules....................................................................................................... 8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE............................................................... 8 3.01 Intent................................................................................................................................................. 8 3.02 Reference Standards....................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies......................................................................................... 9 3.04 Amending and Supplementing Contract Documents...................................................................... 9 3.05 Reuse of Documents........................................................................................................................ 9 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ............................................. 4.01 Availability of Lands .......................................... 4.02 Subsurface and Physical Conditions ............... 4.03 Differing Subsurface or Physical Conditions... 4.04 Underground Facilities ..................................... 4.05 Reference Points .............................................. 4.06 Hazardous Environmental Condition at Site.... ARTICLE 5 - BONDS AND INSURANCE.................................................................................................................... 12 5.01 Performance, Payment, and Other Bonds...................................................................................... 12 5.02 Licensed Sureties and Insurers....................................................................................................... 12 5.03 Certificates of Insurance.................................................................................................................. 13 5.04 CONTRACTOR's Liability Insurance............................................................................................... 13 5.05 OWNER'S Liability Insurance........................................................................................................... 13 5.06 PropertyInsurance........................................................................................................................... 13 5.07 Waiver of Rights............................................................................................................................... 14 5.08 Receipt and Application of Insurance Proceeds............................................................................. 15 5.09 Acceptance of Bonds and Insurance. Option to Replace............................................................... 15 5.10 Partial Utilization, Acknowledgment of Property Insurer................................................................. 15 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................. 6.01 Supervision and Superintendence ...................... 6.02 Labor,- Working Hours ......................................... 6.03 Services, Materials, and Equipment ................... 6.04 Progress Schedule .............................................. 6.05 Substitutes and"Or-Equals"................................ 6.07 Patent Fees and Royalties .................................. 00700 General Conditions (EJCDC).doc 00700-2 J\07-02912 Inch WM -V=hke Eatalesl UmenWQt Astndding Contw Spmfications=700 General Conditions(UCDC).doc 6.08 Permits.............................................................................................................................................. 18 6.09 Laws and Regulations...................................................................................................................... 18 6.10 Taxes....................................................................................... ............... ......... .......... ... .................... 18 6.11 Use of Site and Other Areas............................................................................................................ 18 6.12 Record Documents.................................................................................................19 6.13 Safety and Protection....................................................................................................................... 19 6.14 Safety Representative...................................................................................................................... 19 6.15 Hazard Communication Programs.................................................................................................. 19 6.16 Emergencies..................................................................................................................................... 19 6.17 Shop Drawings and Samples.......................................................................................................... 19 6.18 Continuing the Work......................................................................................................................... 20 6.19 CONTRACTOR's General Warranty and Guarantee..................................................................... 20 6.20 Indemnification................................................................................................................................. 21 ARTICLE7 - OTHER WORK.......................................................................................................................................21 7.01 Related Work at Site........................................................................................................................ 21 7.02 Coordination..................................................................................................................................... 22 ARTICLE 8 - OWNER'S RESPONSIBILITIES............................................................................................................22 8.01 Communications to Contractor........................................................................................................ 22 8.02 Replacement of ENGINEER............................................................................................................ 22 8.03 Fumish Data..................................................................................................................................... 22 8.04 Pay Promptly When Due.................................................................................................................. 22 8.05 Lands and Easements; Reports and Tests..................................................................................... 22 8.06 Insurance.......................................................................................................................................... 22 8.07 Change Orders................................................................................................................................. 22 8.08 Inspections, Tests, and Approvals................................................................................................... 22 8.09 Limitations on OWNER'S Responsibilities....................................................................................... 22 8.10 Undisclosed Hazardous Environmental Condition.......................................................................... 22 8.11 Evidence of Financial Arrangements............................................................................................... 22 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION............................................................................ 22 9.01 OWNER'S Representative............................................................................................................... 22 9.02 Visits to Site...................................................................................................................................... 22 9.03 Project Representative..................................................................................................................... 23 9.04 Clarifications and Interpretations..................................................................................................... 23 9.05 Authorized Variations in Work....................................... ................................................................... 23 9.06 Rejecting Defective Work................................................................................................................. 23 9.07 Shop Drawings, Change Orders and Payments............................................................................. 23 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ..............4............ 23 9.10 Limitations on ENGINEER's Authority and Responsibilities........................................................... 24 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...................................................................................................24 10.01 Authorized Changes in the Work................................................................................4.................. 24 10.02 Unauthorized Changes in the Work.............................................................................................. 24 10.03 Execution of Change Orders......................................................................................................... 24 10.04 Notification to Surety ...................................................................................................................... 24 10.05 Claims and Disputes...................................................................................................................... 24 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............................................. 25 11.01 Cost of the Work................. ........................................ ......... ....... ....... .... .......... ....... ........................ 25 11.02 Cash Allowances............................................................................................................................ 26 11.03 Unit Price Work.............................................................................................................................. 27 00700 General Conditions (EJCDC).doc 00700.3 1 \07-029 121nch WM - Vero lake Esutcs\DOLumerts icp a s\Bidding Concoct Specifications\00700 Genual Conditions (EJCDC).doc ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............................................ 27 12.01 Change of Contract Price............................................................................................................... 27 12.02 Change of Contract Times............................................................................................................. 28 12.03 Delays Beyond CONTRACTOR's Control....................................................................................28 32 12.04 Delays Within CONTRACTOR's Control....................................................................................... 28 12.06 Delay Damages.............................................................................................................................. 28 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK.................................................................................................................................28 13.01 Notice of Defects............................................................................................................................ 28 13.02 Access to Work.............................................................................................................................. 28 13.03 Tests andInspections .................................................................................................................... 28 13.04 Uncovering Work............................................................................................................................ 29 13.05 OWNER May Stop the Work......................................................................................................... 29 13.06 Correction or Removal of Defective Work..................................................................................... 29 13.07 Correction Period........................................................................................................................... 29 13.08 Acceptance of Defective Work....................................................................................................... 29 13.09 OWNER May Correct Defective Work.......................................................................................... 30 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION...................................................................... 30 14.01 Schedule of Values.............................................................................:.......................................... 30 14.02 Progress Payments........................................................................................................................ 30 14.03 CONTRACTOR's Warranty of Title............................................................................................... 32 14.04 Substantial Completion.................................................................................................................. 32 14.05 Partial Utilization............................................................................................................................. 32 14.06 Final Inspection.............................................................................................................................. 32 14.07 Final Payment................................................................................................................................ 32 14.08 Final Completion Delayed......................................................................................33 14.09 Waiver of Claims............................................................................................................................ 33 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION................................................................................33 15.01 OWNER May Suspend Work........................................................................................................ 33 15.02 OWNER May Terminate for Cause............................................................................................... 33 15.03 OWNER May Terminate For Convenience................................................................................... 34 15.04 CONTRACTOR May Stop Work or Terminate............................................................................. 34 ARTICLE16 - DISPUTE RESOLUTION..................................................................................................................... 34 16.01 Methods and Procedures............................................................................................................... 34 ARTICLE 17 - MISCELLANEOUS...............................................................................................................................34 17.01 Giving Notice.................................................................................................................................. 34 17.02 Computation of Times.................................................................................................................... 34 17.03 Cumulative Remedies.................................................................................................................... 35 17.04 Survival of Obligations................................................................................................................... 35 17.05 Controlling Law............................................................................................................................... 35 00700 General Conditions (EICDC).doc 00700-4 1101-029 12 Inch WM - Vero take EnatestDocumentaVicponslDidding Contract SpecificeiionsrA0900 General Conditions (VCDC).doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order—A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents—The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Docu- ments), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agree- ment. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work), 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR—The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition. 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement --The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant --An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 00700 General Conditions (E]CDC).doc 00700-5 1?07-029 121nch W M - Vem rake Estate DocumentsV eponsSidding Contma SpmlficatiowW700 Gmad Conditions (EICDC).doc 21. Field Order—A written order issued by ENGI- NEER which requires minor changes in the Work but which 00700 General Conditions (E]CDC).doc 00700-5 1?07-029 121nch W M - Vem rake Estate DocumentsV eponsSidding Contma SpmlficatiowW700 Gmad Conditions (EICDC).doc does not involve a change in the Contract Price or the Contract Times. 22. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Con- tract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. one or more 31. Partial Utilization—Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs—Polychlorinated biphenyls. 33. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 36. Radioactive Matenal—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings—All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and `substantially com- pleted" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that 00700 General Conditions (EJCDC).doe 00700-6 JW7-02912 Inch WM- Vera Lake EstatesDmumentsWeponst sddintt Conuvc, SPeeikAnQ1ntl0o7W GCcCrd I Conditions I EJCDCydoc 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Matenal—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings—All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and `substantially com- pleted" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that 00700 General Conditions (EJCDC).doe 00700-6 JW7-02912 Inch WM- Vera Lake EstatesDmumentsWeponst sddintt Conuvc, SPeeikAnQ1ntl0o7W GCcCrd I Conditions I EJCDCydoc convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equip- ment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment—A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1.The word "day' shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1.The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1.The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2.The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3.The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide' is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event 00700 General Conditions (E]CDC).doc 00700-7 1307-029 121nch WM - Vem Lake EstamstDocumentsaeponsOidding Contmci sped 6cationsW0700 General Condi lions (EJCDC).doc will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1.a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3.a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.13, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CON- TRACTOR until acceptable schedules are submitted to ENGINEER. 1.The progress schedule will be acceptable to ENGINEER 4 it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefore. 2.CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3-CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as ifcalled for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 00700 General Conditions (EJCDC).doc J907-029 12 Emh WM - Vero lake Esu¢VDocummisaepons�idding Conlren SpecificahonsW07W Generai Conditions rHCDCJ.doc 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations I. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2 -No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies t.lf, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRAC- TOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supple- ment to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provid- ed, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifi- cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against 00700 General Conditions (E1CDC).doc GIbOIrE1 1:\07-02912Inch WM- Vem Lake Fslales\Documenls epns\Bidding Conan Specifications\0070) Gmeal Conditions(UCDC).doc such lands in accordance with applicable Laws and Regula- tions. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1.those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relat- ing to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Docu- ments. Such "technical data' is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1.the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precau- tions and programs incident thereto; or 2.other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3.any CONTRACTOR interpretation of or conclusion drawn from any'4echnical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1.is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2.is of such a nature as to require a change in the Contract Documents; or 3.differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review. After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2.CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3.If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as 00700 General Conditions (EJCDC).doc 00700- 10 1:0702912 Inch WM- Vero Lake Estatcst tnncnh;WcpordoBidding Contract SponficalionsW O(t) General Conditions(EICDC)doc provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1.OWNER and FFNGIN€€R—shall not be responsible for the accuracy or completeness of any such information or data; and 2.the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1.I1' an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGI- NEER. ENGINEER will promptly review the Under- ground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2.If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefore as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1.the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2.other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3.any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at 00700 General Conditions (EJCDC).doc 00700- 11 ].\07-02912 Inch WM -VeroI eEaamsl cumern;WcjrcauSidding Contact Spedfcationss0700 General Condr=5(EICDQ.doc the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either parry may make a Claim therefore as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefore as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall fumish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.6, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.8 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance 00700 General Conditions (E1CDC).doc 00700- 12 I Q7 029 12 Inch W M -Vero Lake Eslates0ocumerinac eons\Bidding Contract Syecifications\00700 General Conditions (UCDC).Eoc policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: t.claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2.claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3.claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4.claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (it) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6.claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. NEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2.include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3.include completed operations insurance; 4.include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5.contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRAC- TOR pursuant to paragraph 5.03 will so provide); 6.remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7.with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continua- tion of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary B. The policies of insurance so required by this Conditions, OWNER shall purchase and maintain property paragraph 5.04 to be purchased and maintained shall: insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts 1.with respect to insurance required by paragraphs as may be provided in the Supplementary Conditions or 5.04.A.3 through 5.04.A.6 inclusive, include as required by Laws and Regulations). This insurance shall: additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGI- 00700 General Conditions (EJCDC).doc 00700- 13 J:M-029 12 Inch wM-Vero Lake EalelesWoc=entsTwotlstBldding eomnet Spci caflcroW0900 ceneTZI Conditions(UCDQA. 1.include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2.be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, 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 parts 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; 5.allow for partial utilization of the Work by OWNER; 6.include testing and startup; and 7.be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any parry making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1.1oss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2.1oss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project 00700 General Conditions (EICDC).doc tQbi1➢1[! J:\07 -02912h h - V= rake Esmas\DocumentsV epor idding Convect SpmifcetionsT0700 eener Conditions(EJCDC)doc or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Com- pletion pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in paragraph 5.07.6 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.08.6. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor, Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 00700 General Conditions (EJCDC).doc 00700- 15 I vt7-02912 Inch WM - Vero Lake Esutes ocummtsteNnstidding Con0act Specifications\00700 General Conditions(EICDCIdcc sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an 6.03 Services, Materials, and Equipment "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, A. Unless otherwise specified in the General Re- be accomplished without compliance with some or all of quirements, CONTRACTOR shall provide and assume full the requirements for approval of proposed substitute responsibility for all services, materials, equipment, labor, items. For the purposes of this paragraph 6.05.A.1, a transportation, construction equipment and machinery, tools, proposed item of material or equipment will be appliances, fuel, power, light, heat, telephone, water, sanitary considered functionally equal to an item so named if: facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and a. in the exercise of reasonable judgment completion of the Work. ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design B. All materials and equipment incorporated into the characteristics; (ii) it will reliably perform at least Work shall be as specified or, if not specified, shall be of good equally well the function imposed by the design quality and new, except as otherwise provided in the Contract concept of the completed Project as a functioning Documents. All warranties and guarantees specifically called whole, and; for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall b. CONTRACTOR certifies that: (i) there is no furnish satisfactory evidence (including reports of required tests) increase in cost to the OWNER; and (ii) it will as to the source, kind, and quality of materials and equipment. conform substantially, even with deviations, to the All materials and equipment shall be stored, applied, installed, detailed requirements of the item named in the connected, erected, protected, used, cleaned, and conditioned Contract Documents. in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- 2.Substitute Items ments. a. If in ENGINEER's sole discretion an item of 6.04 Progress Schedule material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under A. CONTRACTOR shall adhere to the progress paragraph 6.05.A.1, it will be considered a proposed schedule established in accordance with paragraph 2.07 as it substitute item. may be adjusted from time to time as provided below. b. CONTRACTOR shall submit sufficient infor- 1.CONTRACTOR shall submit to ENGINEER for mation as provided below to allow ENGINEER to acceptance (to the extent indicated in paragraph 2.07) determine that the item of material or equipment proposed adjustments in the progress schedule that will proposed is essentially equivalent to that named not result in changing the Contract Times (or and an acceptable substitute therefore. Requests Milestones). Such adjustments will conform generally to for review of proposed substitute items of material the progress schedule then in effect and additionally will or equipment will not be accepted by ENGINEER comply with any provisions of the General Re- from anyone other than CONTRACTOR. quirements applicable thereto. c. The procedure for review by ENGINEER 2.Proposed adjustments in the progress schedule will be as set -forth in paragraph 6.05.A.2.d, as that will change the Contract Times (or Milestones) shall supplemented in the General Requirements and as be submitted in accordance with the requirements of ENGINEER may decide is appropriate under the Article 12. Such adjustments may only be made by a circumstances. Change Order or Written Amendment in accordance with Article 12. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed 6.05 Substitutes and "Or -Equals" substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The A. Whenever an item of material or equipment is application shall certify that the proposed substitute specified or described in the Contract Documents by using the item will perform adequately the functions and name of a proprietary item or the name of a particular Supplier, achieve the results called for by the general design, the specification or description is intended to establish the type, be similar in substance to that specified, and be function, appearance, and quality required. Unless the suited to the same use as that specified. The appli- specification or description contains or is followed by words cation will state the extent, if any, to which the use of reading that no like, equivalent, or "or -equal" item or no the proposed substitute item will prejudice substitution is permitted, other items of material or equipment or CONTRACTOR's achievement of Substantial material or equipment of other Suppliers may be submitted to Completion on time, whether or not use of the ENGINEER for review under the circumstances described proposed substitute item in the Work will require a below. change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER 1."Or-Equal" Items: If in ENGINEER's sole discre- for work on the Project) to adapt the design to the tion an item of material or equipment proposed by CON- proposed substitute item and whether or not TRACTOR is functionally equal to that named and incorporation or use of the proposed substitute item 00700 General Conditions (E1CDC).doc 00700- 16 I WI-02912Inch WM - Vero lake Slnecl5catlonsr00700 General Conditions (E1CDQ.doc in connection with the Work is subject to payment of any license fee or royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consul- tants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.8 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CON- TRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.6), whether initially or as a replacement, against whom OWNER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnish- ing any of the Work under a direct or indirect contract with CON- TRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between 00700 General Conditions (EICDC).doc 00700- 17 1:107-02912Loch WM- Vero Iake EstatcCDocunnenisUt nstBidding Contract Specification\007W General Conditions JFCDQ.doc the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGI- NEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulfing from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.06 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1.CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2.Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3.To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 00700 General Conditions (ECDC).doc 00700-18 1:\07-02912Inch WM- Vero Lake haales\DocumenoVt OrisMidding Conrad Spwfica6onsW0700 Geneml Conditions(E1CDC).doa B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CON- TRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1.all persons on the Site or who may be affected by the Work; 2.all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3.other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facili- ties not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.8 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened dam- age, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. 00700 General Conditions (EJCDC).doc 00700- 19 1:\07-02912Inch WM - Vero lake Estemsl umentsVcpons%Bidding Contract Specificationsw700 Gmaal Conditions IE3CDC)ri B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures a. all field measurements, quantifies, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- ments. only to determine if the items covered by the submittals will, after installation or incorporation in the Work, con- form to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3.ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- ments of the Contract Documents unless CONTRAC- TOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as re- quired by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompany- ing the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1.CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere 2.Each submittal shall bear a stamp or specific to the progress schedule during all disputes or disagreements written indication that CONTRACTOR has satisfied with OWNER. No Work shall be delayed or postponed pending CONTRACTOR's obligations under the Contract resolution of any disputes or disagreements, except as Documents with respect to CONTRACTOR's review permitted by paragraph 15.04 or as OWNER and and approval of that submittal. CONTRACTOR may otherwise agree in writing. 3.At the fime of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1.ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1.abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2.normal wear and tear under normal usage. 00700 General Conditions (E1CDC).doc 00700-20 I:W7-029 32 Inch W -Vera take Eoates\DaumentsViepons�Wing Contract Speci5catlom)00700 General Conditions(OCDC)Aoc 1.Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: a. all field measurements, quantifies, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- ments. only to determine if the items covered by the submittals will, after installation or incorporation in the Work, con- form to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2.ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3.ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- ments of the Contract Documents unless CONTRAC- TOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as re- quired by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompany- ing the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1.CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere 2.Each submittal shall bear a stamp or specific to the progress schedule during all disputes or disagreements written indication that CONTRACTOR has satisfied with OWNER. No Work shall be delayed or postponed pending CONTRACTOR's obligations under the Contract resolution of any disputes or disagreements, except as Documents with respect to CONTRACTOR's review permitted by paragraph 15.04 or as OWNER and and approval of that submittal. CONTRACTOR may otherwise agree in writing. 3.At the fime of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1.ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1.abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2.normal wear and tear under normal usage. 00700 General Conditions (E1CDC).doc 00700-20 I:W7-029 32 Inch W -Vera take Eoates\DaumentsViepons�Wing Contract Speci5catlom)00700 General Conditions(OCDC)Aoc B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1.observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3.the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4.use or occupancy of the Work or any part thereof by OWNER; 5.any acceptance by OWNER or any failure to do so; 6.any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER; 7.any inspection, test, or approval by others; or 8.any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1.is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CON- TRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: t.the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2.giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefore, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: t.written notice thereof will be given to CONTRAC- TOR prior to starting any such other work; and 2.if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefore as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other Work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 00700 General Conditions (EJCDC).doc 00700-21 1 \07-029 12 Inch W M -Vero like EsiaiesTDocumenlsAepoos�idding Convact Spe i(cationst00700 General Conditions (EJCDC).doc C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as ft and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1.the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2.the specific matters to be covered by such authority and responsibility will be itemized; and 3.the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGI- NEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.8. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish 9.02 Visits to Site reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making 00700 General Conditions (EICDC).doc 00700-22 P07-029 12 Inch WM- Vtno Lake Estaiest umentsQke i;Midding Conuuct Sirmifications\00700 General Condition(EICDC.doc A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeav- or to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. - ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefore as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CON- TRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefore as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, 00700 General Conditions (EJCDC).doc 1I101j031M 1907-02912Inch N-Vemlake Estates\Documents\Rryens\aidding Contrera Sirmific9ions\00700 General Canditions(E)CDC).doc or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Respon- sibilities A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of in- spections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefore as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emer- gency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.8. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropri- ate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1.changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2.changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3.changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER 00700 General Conditions (ESCDC).doc 00700-24 I %N-02912 Inch WM - Vero rake Estates\nocUMentsAepoas%Bidding Contract SpecifcationsW700 General Conditions (EICDC).doc allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.8. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1.an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2.if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.13, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.6. I. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2.Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained - 3 - Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11:01. 4.Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5.Supplemental costs including the following: a.The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b.Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, 00700 General Conditions (EICDC).doc 00700-25 J:W7-02912Inch WM - Vem lake Esiates0c,cumenhaepoda\Bidding Comraci Specifications\00700 General Conditions (E1CDQ.doc and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d.Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. I. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g.The cost of utilities, fuel, and sanitary facilities at the Site. h.Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. I. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1.Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2.Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3.Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4.Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5 -Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.6. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGI- NEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1 -the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 00700 General Conditions (EJCDC).doc 00700-26 JA07-029 12 1nch WM- Vem lake Estata\Documents epons\Bidding Contmo Spmifications`OW00 General Conditions(E1CUC)doc 2.CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow- ances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantifies and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1.the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2.there is no corresponding adjustment with respect any other item of Work; and 11.01.A.4, 3.if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1.where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2.where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3.where the Work involved is not covered by unit prices contained in the Contract Documents and agree- ment to a lump sum is not reached under paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: t.a mutually acceptable fixed fee; or 2.if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; C. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher fier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.13; 12.01 Change of Contract Price e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which A. The Contract Price may only be changed by a results in a net decrease in cost will be the amount Change Order or by a Written Amendment. Any Claim for an of the actual net decrease in cost plus a deduction adjustment in the Contract Price shall be based on written in CONTRACTOR's fee by an amount equal to five notice submitted by the party making the Claim to the percent of such net decrease; and ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. f. when both additions and credits are in- volved in any one change, the adjustment in 00700 General Conditions (EJCDC).doc 00700-27 I:W-02912Inch WM -VeroI ke Esratcs\DaumenlsWeportsl idling Contras Specifrt iunslo0700 General Conditions(EJCDC).doo CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefore as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays athibutable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1.delays caused by or within the control of CON- TRACTOR; or 2.delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and. testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1.for inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2.that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.8 shall be paid as provided in said paragraph 13.04.6; and 3.as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any 00700 General Conditions (EJCDC).doc 00700-28 1307-029 12 Inch WM - V= L ke Esuas\Dccumen1s'JteponsNBidding Conimt Specificiitlons1007W Geneml Conditions (EJCDC).dm inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefore as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, 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 elimi- nated; 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. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfac- torily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. The OWNER and CONTRACTOR agree that a warranty inspection shall be scheduled no later than eleven (11) months after final payment under this Contract so that the OWNER and the CONTRACTOR may inspect and otherwise examine the Work prior to the expiration of the Performance Bond. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a 00700 General Conditions (E1CDC).doc 00700 - 29 1:\17-029 12 Inch WM-Vero take Eslalesl cunnenftVeporlslaidding Contrecl 5pecifcationsW700 General Conditions(E1CDQdm substitute for or a waiver of the provisions of any applicable statute of limitation or repose. the Agreement. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefore as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court erarbitratior or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1.At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the dale of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2.Beginning with the second Application for Payment, each Application shall include an affidavit of -CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3.The amount of retainage with respect to pro- gress payments will be as stipulated in the Agreement. B. Review of Applications 1.ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the 00700 General Conditions (EJCDC).doc 00700-30 J M 029 12 Inch W M - Vera lake Contract Specifications9I0700 Geneml Conditions (EfCDC).doc Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2.ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Appli- cation for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications slated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4.Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5.ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGI- NEER may also refuse to recommend any such pay- ment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders: c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. C. Payment Becomes Due 1.Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommenda- tion, the amount recommended will (subject to the provisions of paragraph 14.020) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1.0WNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been fled in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set -of against the amount recommended; or d. OWNER has actual knowledge of the occur- rence of any of the events enumerated in para- graphs 14.02.B.5.a through 14.02.B.5.c or para- graph 15.02.A. 2 -If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- 00700 General Conditions (E1CDC).doc 00700-31 1907-039 121nch WM - Vero Lake atates` DocumrntsV epodstaidding Contract Speciticatlons100700 General Conditions (UCDC).doc TOR corrects to OWNER's satisfaction the reasons for such action. 3.If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CON- TRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work substantially complete, ENGI- NEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tenta- tive certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in 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. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, - may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1.OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2.No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1.After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with .the Contract Documents, all main- tenance and operating instructions, schedules, guaran- 00700 General Conditions (E1CDC).doc 00700 - 32 1:10)-02912 inch WM- Veno lake Estetesl cumentsQtepmtstaidding Contact SpmiEcationsW07WGmeral Conditions(EICDC).doc tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2.The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.8.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3.In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1.If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1.Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWN- ER to CONTRACTOR. CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: t.a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2.a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At anytime and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefore as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2:07 as adjusted from time to time pursuant to paragraph 6.04); 14.08 Final Completion Delayed 2. CONTRACTOR'S disregard of Laws or Regula - A. If, through no fault of CONTRACTOR, final tions of any public body having jurisdiction; completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of 00700 General Conditions (E1CDC).doc 00700-33 J N07-029 12 Inch W M - wem lake Convact Spmification900700 General Conditions WCDC).doc 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court .,.gib.,.°•ation-or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1.for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2.for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3.for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4.for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no actor fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or E GINFE� fails -to -ac` ^-�.}-�^^"p^e..c:.ti�»ea!-withir��0-daysalter-i9 is--submined—or OWNER fails for 30 days to pay CON- TRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if €N INE€R has -failed -to -act -on -an Application f�HDel-within-39-days fter it is-submitled; or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CON- TRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 00700 General Conditions (EJCDC).doc 00700-34 JA07-02912 Imh WM - Vero Lake Estates�umemsAepcmr idding Comact SpeaficationVC0700 Geneml Conditions (EJCDC).doc 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 00700 General Conditions (EJCDC).doc 00700-35 J'\07-029 12 inch W M -Vao lake Fatales\DocumentsV "nsTidding Comrzci Specifications\00700 Gmeral ConditionsnUCDC).doc SECTION 00800 — Supplementary Conditions SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -2.03 Commencement of Contract Times: Notice to Proceed SC -2.03 Delete paragraph GC 2.03 in its entirety and insert the following paragraph in its place: 2.03 A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. The Contract Time will commence at the time specified in such notice or, if no notice is given thirty days following the Effective Date of Agreement, provided that the Notice to Proceed may not specify a time of commencement later than 60 days after the Effective Date of the Agreement. SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -3.03.B.2 Coordination of Plans, Specifications, and Special Provisions SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.03.8.1: SC -3.03.6.2 Coordination of Plans, Specifications, and Special Provisions 2. In case of discrepancy, the governing order of the contract documents shall be as follows: 1. Written Interpretations 2. Addenda 00800 Supplementary Conditions.doc 00800-1 J:W-029 12 Inch WM - Vero lake Estatesk0ocumenlslReponsleidding Contract SpeciLcalions=800 Supplementary Conditions.0oc 3. Specifications 4. Supplementary Conditions 5. General Conditions 6. Approved Shop Drawings 7. Drawings 8. Referenced Standards. 3. Written/computed dimensions shall govern over scaled dimensions. SC -4.05 Reference Points SC -4.05 Add the following new paragraphs immediately after GC -4.05.A: B. Contractor is responsible for measuring and recording existing Swale elevations at 100' intervals prior to construction. Existing Swale elevations shall be maintained throughout construction. Contractor is also responsible for preservation and/or replacement of any and all existing permanent survey monumentation affected by construction. C. ENGINEER may check the lines, elevations, reference marks, batter boards, etc., set by CONTRACTORS, and CONTRACTOR shall correct any errors disclosed by such a check. Such a check shall not be considered as approval of CONTRACTOR'S work and shall no relieve CONTRACTOR of the responsibility for accurate construction of the entire work. CONTRACTOR shall furnish personnel to assist ENGINEER in checking lines and grades. SC -4.06 Hazardous Environmental Condition at Site SC -4.06 G. Delete paragraph GC -4.06 G. SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: A. Within ten (10) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Performance Bond in an amount equal to 100% of the Contract Price and a Payment Bond in an amount equal to 100% of the Contract Price. The CONTRACTOR shall provide two separate bonds. A combined Payment and Performance Bond for 100% of the Contract Price is not an acceptable substitute. Such Bonds shall continue in effect for one (1) year after acceptance of the Work and final payment by the OWNER. 00800 Supplementary Conditions.doc 00800-2 J W7] 2912 Inch WM -Vero Lake EstateslDocuments%Reports%Bidrhng Contract SpecificationSM800 Supplementary Conditions.doc 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 on account of injury sustained by an employee(s) of the CONTRACTOR. 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000.00 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors. e. X, C, U (Explosion, Collapse, Underground) 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $500,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owned Autos b. Hired Autos C. Non -Owned Autos. 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: 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. 00800 Supplementary Conditions.doc 00800-3 J:W-029121nch WM - Vero Lake EstatesMocument5\Reports\Bldding Contract Specifications\00800 Supplementary Conditions.doc b. Indian River County, a political subdivision of the State of 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. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. Insurer 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. SC -5.06 Property Insurance SC -5.06 Delete Section GC -5.06 in its entirety. SC -5.07 Waiver of Rights SC -5.07 Delete Section GC -5.07 in its entirety. SC -5.10 Partial Utilization, Acknowledgement of Property Insurer SC -5.10A. Delete paragraph GC -5.10A. SC -6.02 Labor; Working Hours SC -6.02.B. Add the following paragraphs immediately after paragraph GC -6.02.13: Regular working hours are defined as Monday through Friday, excluding County Holidays, from 7 a.m. to 5 p.m. 2. County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Engineer. The CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even thought such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing. 00800 Supplementary Conditions.doc 00800-4 J:\07-02912 lnc WM - Vero Lake Estates\Documents\Rep nsTidding Contract Spemficatbns=800 Supplementary ConditionsAm 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the County to deduct the costs of all such inspection and testing from any partial payments otherwise due the CONTRACTOR. 5. No work shall commence before 7 a.m. or continue after 7 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.04 Progress Schedule SC -6.04.A.3 Add the following paragraphs immediately after paragraph GC -6.04.A.2: CONTRACTOR shall give OWNER full information in advance as to its plans for performing each part of the Work. If at any time during the progress of Work, CONTRACTOR'S actual progress is inadequate to meets the requirements of the Contract, OWNER may, but is not obligated to, so notify CONTRACTOR. In such event, CONTRACTOR acknowledges and agrees that Contractor shall implement some or all of the following remedial actions at the sole cost and expense of CONTRACTOR: (a) Increase manpower in such quantities and crafts as necessary to eliminate the backlog of Work; (b) Increase the number of working hours per shift, shifts per working day, working days per week, the amount of construction equipment, or any combination of the foregoing to eliminate the backlog of work; or (c) Reschedule the Work in conformance with the specification requirements. Neither such notice by OWNER nor OWNER'S failure to issue such notice shall relieve CONTRACTOR of its obligation to achieve the quality of Work and rate of progress required by the Contract. Failure of CONTRACTOR to implement some or all of the remedial actions may be grounds for determination by OWNER that CONTRACTOR is not prosecuting its Work with such diligence as will assure completion within times specified. Upon such determination, OWNER may terminate CONTRACTOR'S right to proceed with the performance of the Contract, or any separable part thereof, in accordance with the applicable provisions of this Contract. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: B. The OWNER has or will have obtained the following permits: 1. FDEP Sewer Construction Permit 2. County ROW Permit 3. IRFWCD — Utility Construction Permit C. The CONTRACTOR shall obtain and pay for all other required permits and licenses. The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D. The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these 00800-5 00800 Supplementary Conditions.doc JiW-029 12 Inch W M -Vero Lake EstatesOocumena\Reportslaidding Contract SpeciOcahons%00800 Supplementary Conditions.doc requirements. The cost of this effort shall be included in the pay item in which the work is most closely associated with. SC -6.20.A Indemnification SC -6.20.A Delete existing paragraph 6-20.A in its entirety. SC -13.03 Test and Inspections SC -13.03. B. Delete the first sentence of paragraph GC -13.03.B (up to the colon) in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment. The following inspections, tests, or approvals shall be provided by and paid for by the CONTRACTOR. SC -13.07 Correction Period SC -13.07.A. Add the following sentence immediately after the last sentence in SC -13.07.A: The OWNER and CONTRACTOR agree that a warranty inspection shall be scheduled no later than eleven (11) months after final payment under this Contract so that the OWNER and the CONTRACTOR may inspect and otherwise examine the Work prior to the expiration of the Performance Bond. 14.02 Progress Payments SC -14.02.A.2 Delete paragraph GC -14.02.A.2 in its entirety and insert the following paragraph in its place: The CONTRACTOR shall make the following certification (Affidavit) on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers except as listed below." SC -14.02.8.5. Add the following sentences at the end of paragraph GC -14.02.8.5: e. the work for which payment is requested cannot be verified; failure of CONTRACTOR to make proper payments to Subcontractor for 00800-6 00800 Supplementary Conditions.doc J 10 7-02 9 12 Inch WM -Vero Lake EstatestDocuments%Repona\Bidding Contract Speci0cations100800 Supplementary Condibons.doc labor, materials or equipment in connection with the Work; g. OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1 Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1 Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. SC -14.04 Substantial Completion SC -14.04A Delete the 5th, 6th, 7th, and 8th sentences, and insert the following paragraph in its place: In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of substantial completion from ArchitectlEngineer, the Owner, the ArchitecUEngineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List'). The Statutory List shall be reduced to writing and circulated among the Owner, the Architect/Engineer, and the Contractor by the Owner or the Architect/Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement, and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. 14.07 Final Payment SC -14.07.C.1 Delete paragraph GC -14.07.C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due 1 Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. 00800 Supplementary Conditions.doc 00800-7 J 107-029121nch WM - Vero Lake EstatesOwumentsV eWo sO dding Contracl Specificationsl00800 Supplementary Condilions.doc 14.09 Waiver of Claims SC 14.09 Delete paragraph 14.09 in its entirety and insert the following: Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release of 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 15.02 OWNER May Terminate for Cause SC 15.02.A Add the following sentence at the end of paragraph GC -15.02.A 5. Failure of CONTRACTOR to make proper payments to Subcontractor for labor, materials or equipment in connection with the Work. SC 15.02.D Add the following new paragraph immediately following GC -15.02.0 If, after termination of the Contract by the OWNER for cause as set forth in 15.02, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination under 15.02 shall be deemed to have been for the convenience of the OWNER. In such event, adjustment of the contract price shall be made as provided in 15.03. SC 16 DISPUTE RESOLUTION SC -16 Add the following new paragraphs immediately after paragraph SC -16.01. SC -16.02 Venue This contract shall be governed by the laws of the State of Florida. Venue for any lawsuit by either party against the other party or otherwise arising out of this contract shall be in Indian River County, Florida, and in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. SC -17 Miscellaneous Add the following new paragraph immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No liens maybe filed against the OWNER. Pursuant to Florida Statues Section 255.05(1)(a)(2007), any claimant may apply to the OWNER for a copy of this Contract and the associated payment and performance bonds. 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 the time and notice provisions as 00800 Supplementary Conditions.doc 00800-8 J107-02912 Inch WM -Vero Lake Estates0ocuments%ReportsOdding Contract Specifications\00800 Supplementary Conditions.doc specified in Florida Statutes Section 255.05. * * END OF SECTION * * 00800 Supplementary Conditions.doc 00800-9 J:\0] -0n 12 Inch WM - Vero Lake EstatesZocuments\Reports%Bidding Contract Specifcafons100800 Supplementary Conditions.doc DIVISION 1 GENERAL REQUIREMENTS SECTION 01000 SUMMARY OF WORK PART -- GENERAL 1.01 LOCATION OF WORK 24,930 LF ± of 12" water main, along the following route: From CR512, south on 104th Avenue, then east on 93rd Street, then south on 103rd Court, then west on 891h Street, then south on 104th Avenue, then east on 791h Street, then north on 91" Avenue, then east on 851h Place, to CR510. 1.02 DESCRIPTION OF WORK The construction of approximately 24,930 If of 12" P.V.C. and H.D.P.E. Master Planned 12" Water Main and associated appurtenances to be located and constructed along the following route: - Connection is made to a 20" D.I.P. water main at the southeast corner of CR512 and 104th Ave. intersection. - On 1041h Ave.; from CR512 south 1300 If to 931d St. - On 93r° St.; from 104th Ave, east 320 If to 103rd Ct. - On 103'' Ct.; from 93rd St., south 2735 If to 891h St. - On 891h St.; from 103rd Ct., west 335 If to 104th Ave. - On 104th Ave.; from 89th St., south 6605 If to 79" St. - On 791h St.; from 104th Ave, east 8650 If to 91st Ave. - On 91" Ave.; from 79th St., north 4335 If to 851h PI. - On 85th PI.; from 91st Ave., east 650 If to 901h Ave (CR510) - Connection is made to a 16" D.I.P. water main at the southwest corner of 85th PI. and 901h Ave (CR510) intersection. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable * * END OF SECTION * * 01000 Summary Of Work.doc 01000-1 J907-02912 Inch WM - Vane Lake Es[ates\OocummAs\Report %Bidmng Contract Specifications\01000 Summary Of Work.doc SECTION 01025 MEASUREMENT AND PAYMENT PART 1 —GENERAL 1.01 GENERAL Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, dewatering, backfilling, leakage tests, surveying, density tests, or other incidental items of work not shown in the Agreement. 1.02 EQUIPMENT AND MATERIALS IN STORAGE 100,000 31000 100,000 Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made 303000 for those items for which the Contractor has submitted paid invoices to the Engineer. The partial payment for stored materials will be 50% of the value of materials and equipment, based on receipted bills, furnished but not incorporated in the work, as determined by Engineer. 6,000,000 7,0003000 175,000 1.03 MEASUREMENT A. Mobilization: Measurement shall be on a lump sum basis, and shall be limited to the following maximum amounts: ORIGINAL CONTRACT AMOUNT ($) MAXIMUM AMOUNT OF FROM MORE THAN TO AND INCLUDING ITEM FOR MOBILIZATION 0 100,000 31000 100,000 500,000 15,000 5003000 130007000 303000 1,000,000 2,000,000 603000 2,000,000 37000,000 90,000 33000,000 410002000 120,000 49000,000 510007000 125,000 57000,000 61000,000 150,000 6,000,000 7,0003000 175,000 7,000,000 10,000,000 200,000 10,000,000 ------------- 250,000 Should the lump sum price bid for the item Mobilization exceed the maximum permissible amount for this item, as specified herein, the bid price will be reduced to the maximum permissible amount, and the reduced price will be used in correctly determining the total price for comparison of bids received. The cost of video taping the pre -construction condition shall be included in the lump -sum cost of mobilization. B. Pipe: Measurement of pipe shall be computed using linear feet, as measured along the centerline of the pipe installed (Except when included in lump sum bid items -ie; Aerial crossing). No deduction will be made for the length of 01025 Measurement and Payment.doc 01025-1 J9074)29 121ncfi WM- Vem Lake Estates\BocumentsNReperts\Balding Contrad SpecificahonsW1025 Measurement and Payment.doc valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee, or other fitting, the centerline of the valve or fitting shall be the point of termination. All required clearing, excavation, backfill, compaction, all restoration and replacement, paving, grading, density testing, pressure and BAC -T testing, pipe lining, coating, encasement material, restraining devices, and all mechanical joint fittings and thrust blocks shall be included in the cost of the pipe. C. Fittings: The cost of all cast iron and ductile iron fittings and bolts, glands, etc., shall be included in the cost of the pipe. D. Gate Valves, air release valves, Tapping Sleeve and Valves and other miscellaneous appurtenances: Measurement shall be on the basis of furnishing and installing each type and size of appurtenance required, including valve boxes, covers, and other associated items. (Except when included in lump sum bid items — eg; aerial crossing, directional bore, fire hydrant assembly.) E. HDPE Horizontal Directional Bore: Measurement of HDPE horizontal directional bore shall be computed using linear feet, as measured prior to pulling, and deducting the length of pipe above ground service and include all material (including HDPE pipe), equipment, supplies, fuel, labor, sheeting and bracing, receiving and boring pits (if required), excavation, dewatering, backfilling, compaction, mechanical fittings, restoration, furnishing and in stallion of the HDPE pipe. Payments shall be based on a linear foot price for the directional bore length as measured as specified above. F. Fire Hydrant Assembly: Measurement of fire hydrant assembly shall be for the actual number constructed in accordance with the Plans and Specifications, or as directed by the Engineer, at the unit price bid for the item "Fire Hydrant Assembly," scheduled in the Form of Proposal. The unit price for "Fire Hydrant Assembly" shall include cutting bituminous paving, removal of paving courses and curb if required, excavations, furnishing and installation of 10' ± (6") D.I.P. water main, dry -barrel traffic hydrant, concrete foundations for hydrant, fittings, one (1) 6" diameter gate valve, concrete thrust block (reaction backing) for fire hydrant, backfill, minor swale or shoulder right-of-way grading and sodding (per plans), blue reflective markers, all materials, equipment, labor and all else necessary therefore and incidental thereto. G. Water Service: Measurement of water service lateral shall include furnishing and construction of piping and appurtenances to carry and distribute water from the water main to the edge of the Right -of -Way for future service to individual property owners. The work shall include, but shall not be limited to, cutting of existing pavement where required, jack and bore of existing pavement where required, excavation, installation (of pipe, meter boxes, connections and associated appurtenances), backfilling, testing, disinfection, and all restoration in kind. The services shall be of a type and size specified, and shall be constructed in accordance with these Plans and Specification, or as directed by the Engineer. 01025 Measurement and Payment.doc 01025-2 Ji07-02912 Inch WM - Vero Lake Estates%DccumentsV2ewrts%E idling Contract SpecificationsW1025 Measurement and Payment.doc H. Driveway Bore: Measurement of Driveway Bore shall include equipment, supplies, fuel, labor, sheeting and bracing, excavation, dewatering, backfilling, compaction, mechanical fittings, restoration, furnishing and installing pipe. Measurement of Driveway Bore does not include the actual pipe installed. Installed pipe quantities for Driveway Bores are covered in Section 1.03.B. Payments shall be based on the lengths specified in the Schedule of Bid Items, unless otherwise noted on the plans. Driveway Bore lengths specified in the Schedule of Bid Items are estimated quantities. Contractor will be compensated for driveway bores on a proportionate linear foot basis (e.g. an 80 foot long bore estimated at 70 feet in the schedule of bid items will be compensated at the ratio of 8/7 times the unit price. Likewise a 60 foot long bore estimated at 70 feet in the schedule of bid items will be compensated at the ratio of 6/7 times the unit price). Indian River County shall determine driveway bore lengths. I. Concrete Easement: Measurement of concrete for encasement shall be on the basis of the number of cubic yards of concrete installed, except that the maximum allowable quantity of concrete installed shall not exceed the values given below: Pipe Size (Inches) Max. Concrete for Encasement (CY/LF of Pipe) 6 0.09 8 0.10 t0 0.11 12 0.12 J. Concrete Sidewalk and Driveway Replacement: Shall include sidewalk and/or driveway removed and replaced as a result of Contractor's operations. Minimum widths of replacement shall be as described in specifications or as shown on the plans. No separate payment will be made for concrete construction, including sawcutting, excavation, formwork, reinforcing, or other work or materials required in connection with concrete construction. The cost of all concrete sidewalk and driveway replacement shall be included in the cost of the pipe. K. Asphaltic Pavement Replacement: Shall include asphalt removed and replaced as a result of Contractor's operations. Minimum width of replacement shall be as described in the specifications or as shown on the plans. Work shall include sawcutting, disposal of demo'd asphalt, and construction of the surface course, base, subgrade materials, and pavement markings, testing and all else incidental thereto. The cost of all asphaltic pavement replacement shall be included in the cost of the pipe. L. Aerial crossing: Measurement of each aerial canal/ditch crossing shall be as a lump sum and include all material (including pipe, valves, fittings, pilings, pile caps, restraining and fastening mechanisms, etc. within limits depicted on plans), all supplies, fuel, labor, equipment, sheeting, bracing, excavation, de- watering, backfilling, compaction, restoration, grassing, rip -rap, testing, and all else incidental thereto for the complete installation of the aerial crossing. 01025 Measurement and Payment.doc 01025-3 J:\07-02912 Inch WM -Veno Lake EMates\Documents\Reports\Bidding Contract Spect5cations\01025 Measurement and Payment.doc M. Asphalt Pavement Overlay: Shall include all re -surfacing as a result of construction operations. Measurement and payment shall be on the basis of area, in square yards (SY), of asphalt paved. The work shall include tack coat, surface course and pavement markings. Asphalt pavement overlay shall be included in the cost of the pipe. N. Unimproved Driveway Replacement: Shall include (dirt, marl, shell, or gravel) driveway replacement reconstruction removed and replaced as a result of the construction operations. Work shall include subgrade and surface (shell, marl, gravel) materials, compaction, density testing, etc. Unimproved driveway replacement shall be included in the cost of the pipe. O. Grassing: Measurement of grassing (sod) shall be computed using the linear feet, as measured along the water main pipe, of grassed area disturbed and restored as a result of Contractor's operations. The entire width of the disturbed area shall be grassed. Payment shall include all necessary grading, soil preparation, sodding, fertilizer, mulch, and irrigation. P. Connect to exist. 20" (CR512): Measurement of "Connect to exist. 20", shall be computed as a lump sum item for all additional work required for excavation and location of existing utilities, removal of existing fittings, restraint of existing pipe and fittings, and all other incidental work required to make a connection. Q. Connect to exist. 16" (CR510): Measurement of "Connect to exist. 16", shall be computed as a lump sum, for all additional work required for excavation and location of utilities, removal of existing fittings, restraint of existing pipe and fittings, and other incidental work required to make a connection. R. Construction Stake -Out: Measurement of construction stake -out shall be computed as a lump sum item, for all required construction stake -out, including: layout and survey of the proposed construction, setting of stakes as required, necessary computations to establish the exact position of the work, establish reference to baselines, and provide and maintain off -set stakes outside the limits of construction and marked to show offset distance. S. Record Drawings/As-built Survey: Measurement of record drawings/as-built survey shall be computed as a lump sum item, for the preparation of "As -built Drawings", including field survey, drawing preparation in "ACAD", with ties to state plan coordinates, all in accordance with IRCUDS water and wastewater utility standards. The as -built drawings shall be provided certified by a licensed and registered land surveyor. PAYMENT Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto. 01025 Measurement and Payment.doc 01025-0 J W-029 12 1 nch WM-Vem Lake Estates\ o rnentsVRep ftMBidding Contact SpecRcabansM025 Measurement and Payment.doc 1.05 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY Where pavement, trees, shrubbery, fences, or other property or surface structures not designated as pay items have been damaged, removed, or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. ** END OF SECTION ** 01025 Measurement and Payment.doc 01025-5 J:%0]-02912 Inch WM- Vero Lake EstatWDocumenWReports%Bidding Contract Specifcations%01025 Measurement and Payment.doc SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART1 -- GENERAL 1.01 PERMITS REQUIRED A. Florida Department of Environmental Protection: The general permit from the Florida Department of Environmental Protection (FDEP) for the project has been obtained by IRCDUS. B. INDIAN RIVER COUNTY: The Contractor, along with the Utilities Department, must obtain right-of-way permit(s) from the Indian River County Public Works Department prior to initiating construction. It typically requires three weeks processing time to receive a right-of-way permit. There is no processing fee for the permit. One set of construction plans must be submitted along with a permit application to the Indian River County Engineering Division. Some of the conditions of the County right-of-way permits are as follows: 1. Applicant shall not begin construction of any kind in the County right- of-way prior to application and issuance of a valid permit by the Indian River County Engineering Division. 2. Any area disturbed in the County right-of-way must be restored by applicant to a condition equal to or better than existing just prior to construction, including but not limited to compaction, grading, paving, seeding and mulching, sodding, etc., as the case may be. The quality of construction, materials, and workmanship shall be in accordance with County standards. All disturbed areas shall be restored within 48 hours after excavation. 3. Applicant shall notify the Indian River County Engineering Division at least 48 hours prior to the placement of concrete, paving of asphalt, installation of culverts, or backfilling of trenches, so that the Indian River County Engineering Division may inspect installations as necessary. Applicant shall further notify the Indian River County Engineering Division in writing of its request for final inspection and approval at the completion of the permitted activity. 4. The applicant shall assume responsibility for all maintenance, replacement, or removal of any right-of-way improvement authorized by this permit; and applicant further agrees by acceptance of this permit to indemnify and save harmless the County, its officers, employees, or agents, from any damages, claims, causes of action, or losses, whether for personal injury, loss of life or property damage, arising from the actions or omissions of applicant, its officers, agents, or employees, associated with the placement, maintenance or removal of installations authorized by this permit. 01060 Regulatory Requirements and Notification.doc 1060-1 J W-029121nch WM - Vem Lake Estates\Documents\Reports\Bidding Contract Specifications\01060 Regulatory Requirements and Notification.doc 5. The applicant agrees to use all reasonable care under the given circumstances to assure that members of the traveling public are not unreasonably inconvenienced nor endangered by the activities conducted hereunder, including the use of reflectorized barriers, warning signals, flagmen, or other prudent measures. 6. The validity of this permit is contingent upon applicant obtaining necessary permits from any other agencies having jurisdiction. Issuance of this permit does not relieve applicant of liability for trespass to private property. 7. This permit shall be considered a license only, for the limited purpose of installation, placement, and maintenance of the improvements specified on the face hereof, and does not convey any other right, title, or interest of the County in the subject right-of-way property. 8. Applicant agrees to remove or alter such installations without objection or cost to the County as the County may direct, at any time and within a reasonable time after receipt of direction by the County Engineer or his authorized representative. 9. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such installations, and shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable in every manner for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 10. In cases where a concrete driveway is to extend to a paved road, that portion of the driveway from property line to the edge of the road pavement shall be a minimum thickness of six (6) inches. If the road is unpaved, the concrete/asphalt driveway shall not extend beyond the property line. C. Indian River Farms Water Control District: If needed, a permit from the Drainage District to cross any canals will be obtained by the Utilities Department. D. Other Permits Required: The Contractor is responsible for obtaining any discharge permits that may be required by local drainage districts. 1.02 NOTIFICATION 1060-2 01060 Regulatory Requirements and Notification.doc J:107-029 12 Inch WIV -Vero Lake EstatestDocuments%RepoftBidding Contract SpecificationsM060 Regulatory Requirements and Notification.doc A. Indian River County: The Contractor is required to notify the Indian River County Utilities Department 48 hours prior to initiating construction (Gordon Sparks, 772-567-8000 x 1823). The Contractor is required to notify the Indian River County Road and Bridge Department 72 hours prior to blocking any County roads or detouring any traffic (Jim Davis, P.E., 772-567-8000, Extension 1245). B. Utility Companies: Contractor shall notify the following known utility companies in the area 48 hours prior to initiating construction: SUNSHINE LOCATES: (800) 432-4770 Southern Bell Telephone, Bill Moore, (772) 468-5538 Comcast, Craig Bowers, (772) 567-3444 Ext. 51 FP&L, Paul Hess, (772) 337-7002 City Gas Company, Glen 'Bock" Kreinhagen, (561) 871-2552 ext.23 Florida Gas & Transmission, Cecil Walker, (321) 288-8839 C. The Contractor shall give the Engineer not less than seven (7) calendar days notice of the time and place (or places) where he will start the work. D. When the Contractor's excavating operations encounter prehistoric remains or artifacts of historical or archeological significance, the operations shall be temporarily discontinued in that area and the Engineer shall be notified. The Engineer will consult archaeological authorities and determine the disposition of the remains or artifacts. The Contractor agrees that he will make no claim for additional payment or for extension of time because of any delays in or alteration of his procedure due to removal of any such remains or artifacts. PART 2 -PRODUCTS Not applicable PART 3 - EXECUTION Not applicable ** END OF SECTION ** 1060-3 01060 Regulatory Requirements and Notification.doc J:107-029 12 Intl W M -Veno Lake EstatesOccumentslReporls\Bidding Contract Specilicalions101060 Regulatory Requirements and NotiOcatbndoc SECTION 01090 REFERENCE STANDARDS PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in Contract Documents to identify reference standards. 1.02 QUALITY ASSURANCE A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the Contract Documents or applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. 1.03 ABBREVIATIONS, NAMES, AND ADDRESSES OR ORGANIZATIONS A. Obtain copies of reference standards direct from publication source, when needed for proper performance of work, or when required for submittal by Contract Documents. B. The following, as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards: AA Aluminum Association 818 Connecticut Avenue, NW Washington, D.C. 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, D.C. 20001 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 48219 ADC Air Diffusion council 435 North Michigan Avenue Chicago, IL 60611 01090 Reference Standards.doc 01090- 1 J:\07-029 12 Inch WM -Vero Lake Estates\Documents%ReportslBidding Contract Specifications\01090 Reference Standards.doc Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 16" Street, NW Washington, D.C., 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers 345 East 47 In Street New York, NY 10017 ASME American Society of Mechanical Engineers 345 East 47'" Street New York, NY 10017 ASPA American Sod Producers' Association Association Building Ninth and Minnesota Hastings, NE 68901 ASSE American Society of Sanitary Engineers 960 Illuminating Building Cleveland, OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWI Architectural Woodwork Institute 2310 South Walter Reed Drive Arlington, VA 22206 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 01090 Reference Standards.doc 01090-2 JA07-029 12 Inch WM - Vero Lake Estates%Documents\Reports%Bidding Contract Specifications101090 Reference Standards.doc AWS American Welding Society 2501 NW 7`h Street Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CDA C?Rper Development Association 57 Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue Washington, D.C. 20036 CRSI Concrete Reinforcing Steel Institute 180 North LaSalle Street, Suite 2110 Chicago, IL 60601 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32301 FM Factory Mutual System 1151 Boston -Providence Turnpike Norwood. MA 02062 FS Federal Specifications General Services Administration Specifications and Information Distribution Section (WFSIS) Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 GA Gypsum Association 1603 Orrington Avenue Evanston. IL 60201 MFMA Maple Flooring Manufacturers Association 2400 East Devon, Suite 205 Des Plaines, IL 60018 MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath / Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 01090 Reference Standards.doc 01090-3 JA07-029 12 Inch WM -Vero Lake Estates\Documents\Reports\Bidding Contract Specificalions\01090 Reference Standards.doc NAAMM National Association of Architectural Metal Manufacturers 221 North LaSalle Street Chicago, IL 60601 NEBB National Environmental Balancing Bureau 8224 Old Courthouse Road Vienna. VA 22180 NEMA National Electrical Manufacturers Association 2101 L Street, NW Washington, D.C. 20037 NFPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NFPA National Forest Products Association 1619 Massachusetts Avenue, NW Washington, D.C. 20036 NOFMA National Oak Flooring Manufacturers Association 804 Sterick Building Memphis, TN 38103 NSF National Sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue, NW Washington, D.C. 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines. IL 60018 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U.S. Department of Commerce Washington, D.C. 20203 RCSHSB Red Cedar Shingle and Handsplit Shake Bureau 515116 1h Avenue Bellevue, WA 98004 01090 Reference Standards.doc 01090-4 JA07-029 12 Inch WM - Vero Lake Estates\Documents\Reports\Bidding Contract Specifications\01090 Reference Standards.doc SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland. OH 44107 SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive Chicago, IL 60601 SJI Steel Joint Institute 1703 Parham Road, Suite 204 Richmond, VA 23229 SMACNA Sheet Metal and Air Conditioning Contractors National Association 8224 Old Courthouse Road Vienna, VA 22180 TCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D.C. 20036 TCA Tile Council of America, Inc. Box 326 Princeton, NJ 08540 UL Underwriters Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01090-5 01090 Reference Standards.doc JA07-029 12 Inch WM - Vero Lake Estates%DocumentslReports\Bidding Contract Specifications101090 Reference Standards.doc SECTION 01152 APPLICATIONS FOR PAYMENT PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the contract and Agreement between Owner and Contractor. 1.02 RELATED REQUIREMENTS A. In other parts of the Construction Documents: 1. Agreement between Owner and Contractor 2. General Conditions of the Contract 3. Article 14 — Payments to Contractor and Completion B. Specified in Other Sections: 1. Section 01000: Summary of Work 2. Section 01700: Contract Closeout 1.03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered, dated, and signed by the Contractor. B. Provide itemized data on payment application (format, schedules, line items and values accepted by Engineer). 1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal of application 2. Fill in summary of dollar values 3. Execute certification with the signature of a responsible officer of the contract firm 4. Have resident project representative review and sign application prior to submission to Engineer 01152 Applications for Payment.doc 01152-1 J:107-029 12 Inch WM - Vero Lake Estates\Documents\Reports\Bidding Contract Specifcations101152 Applications for Payment.doc 1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1. Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products: a. Item number and identification b. Description of specific material B. Submit one copy of data and cover letter for each copy of application. 1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Application for payment is required for progress payments B. Only one application will be acceptable in any one month 1.07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the time stipulated in the Agreement B. Number: Four copies of each progress Application B. When Engineer finds the Application properly completed and correct, he will transmit the applications for payment to the Owner PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01152 - 2 01152 Applications for Payment.doc J:\07-029 12 Inch WM - Vero Lake Estates\Documents\Reports\Bidding Contract Specifications\01152 Applications for Payment.doc SECTION 01153 CHANGE ORDER PROCEDURES PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDE A. Promptly implement Change Order Procedures 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work done on a time-and- material/force account basis. 3. Provide full documentation to Engineer on request. B. Designate in writing the member of Contractor's organization: 1. Who is authorized to accept changes in the Work 2. Who is responsible for informing others in the contractor's employ of the authorization of changes in the Work. C. Owner will designate in writing the person who is authorized to execute Change Orders. 1.02 RELATED REQUIREMENTS A. The amount of established unit prices. B. Conditions of the Contract 1. Methods of determining cost or credit to owner resulting from changes in Work made on a time -and -materials basis. 2. Contractor's claims for additional costs. C. Section 01152: Applications for payment. D. Section 01311: Construction schedules. E. Section 01370: Schedule of Values. F. Section 01720: Project Record Documents. 1.03 DEFINITIONS A. Change Order: See General Conditions 01153 Change Order Procedures.doc 01153-1 J:\07-029 12 Inch WM -Vero Lake EstatesVocumenls\Reports\Bidding Contract Specifications\01153 Change Order Procedures.doc 1.04 1.05 1.06 PRELIMINARY PROCEDURES A. C] Owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following: 1. Detailed description of the Change, Products, and location of the change in the Project. 2. Supplementary or revised Drawings and Specifications. 3. The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. Contractor may initiate changes by submitting a written notice to Engineer, containing: 1. Description of the proposed changes 2. Statement of the reason for making the changes. 3. Statement of the effect on the Contract Sum and the Contract Time. 4. Statement of the effect on the work of separate contractors. 5. Documentation supporting any changes in Contract Sum or Contract Time, as appropriate. CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request, Engineer may issue a "Work Directive Change' for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Authorization will describe changes in the work, both additions and deletions, with attachments of revised Contract Documents to define details of the change. C. Owner and Engineer will sign and date the Work Directive Change as authorization for the Contractor to proceed with the Changes. DOCUMENTATION OF PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal, and for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation. B. On request, provide additional data to support time and cost computation including the following: 1. Labor required. 2. Equipment required. 01153-2 01153 Change Order Procedures.doc J %07-02912 Inch WM - Vero take EstateslDocumentslRepodsV idding Contract Specifications\01153 Change Order Procedures doc 1.07 3. Products required: a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance bonds. 5. Credit for work deleted from Contract, similarly documented. 6. Overhead and profit. 7. Justification for any change in Contract Time. C. Support each claim for additional costs, and for work done on a time -and - material / force account basis, with documentation as required for a lump sum proposal, plus the following additional information: 1. Name of the Owner's authorization agent who ordered the work, and date of the order. 2. Dates and time work performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing quantities. C. Subcontracts. D. Document requests for substitutions for Products as specified in Section 01600. PREPARATION OF CHANGE ORDERS A. Engineer will prepare each Change Order. B. Form: Change Order format provided in the Contract Documents. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Contract Documents to define details of change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract Time. LUMP SUM / FIXED PRICE CHANGE ORDER A. Content of Change Orders will be based on either: 1. Engineer's Proposal Request and Contractor's responsible Proposal as mutually agreed upon between Owner and Contractor. 2. Contractor's Proposal for a change, as recommended by Engineer. B. Owner and Engineer will sign and date the Change Order as authorization for the contractor to proceed with the changes. C. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. 01153-3 01153 Change Order Procedures.doc J:W-02912 Inch WM- Vera Lake EstatesZocunnentMPep risSidding Contract SpedficationsW1153 Change Order Procecures.tloc 1.09 UNIT PRICE CHANGE ORDER A. Content of Change Orders will be based on, either: 1. Engineer definition of the scope of the required changes. 2. Contractor's Proposal for a change, as recommended by Engineer. 3. Survey of completed work B. The amount of the unit prices shall be: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change Order can be determined prior to start of the work: 1. Owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changes. 2. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Engineer or Owner will issue a Change Order directing Contractor to proceed with the change on the basis of unit prices, and will cite the applicable unit prices. 2. At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used. a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time. 3. Engineer will sign and date a second Change Order to establish the change in Contract Sum and in Contract Time. 4. Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein. 1.10 TIME AND MATERIAL 1 FORCE ACCOUNT CHANGE ORDER I CONSTRUCTION AUTHORIZATION A. Engineer and owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time -and -material / force account basis. B. At completion of the change, Contractor shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims? of this section. C. Engineer will determine the allowable cost of such work, as provided in General Conditions and Supplementary Condition. 01153 Change Order Procedures.doc 01153-4 J107-02912Inch WM -Vero Lake Estates{Docunnenls\Reports0dding Contract Specifcationsi01153 Change Order Procedures doc D. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. E. Owner and Contractor will sign and date the Change Order to indicate their agreement therein. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. Contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted Contract Sum. B. Contractor shall periodically revise the Construction Schedule to reflect each change in Contract Time. 1. Revise sub -schedules to show changes for other items of work affected by the changes. C. Upon completion of work under a Change Order, enter pertinent changes in Record Documents. PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01153-5 01153 Change Order Procedures.doc J:107-02912 Inch WM- Vero Lake Estates\DowmentslReportsSidding Contract Speci(icatIons\01163 Change Order Procedures.doc SECTION 01201 PRE -CONSTRUCTION CONFERENCE PART1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Engineer shall schedule and administer the preconstruction conference and shall perform the following duties: 1. Prepare agenda for meeting. 2. Give notice of meeting three days in advance of meeting date. 3. Make physical arrangements for meeting. 4. Preside at meeting. 5. Record the minutes, which shall include all significant proceedings and decisions. 6. Reproduce and distribute copies of minutes within fifteen (15) working days after meeting. Minutes shall be distributed to all participants in the meeting and to all parties affected by decisions made at the meeting. 1.02 RELATED REQUIREMENTS A. Section 01000: Summary of Work. B. Section 01311: Construction Schedule. C. Section 01340: Shop Drawings, Product Data and Samples. D. Section 01720: Project Record Documents. 1.03 PRECONSTRUCTION CONFERENCE A. Engineer will schedule meeting with Contractor, Owner and other affected parties. B. Location of the preconstruction meeting: The project site or a nearby office to be selected by Owner/Engineer. C. Attendance: 1. Owner/Owner's representative. 2. Engineer/Engineer's representative and his professional consultant. 3. Contractor/Contractor's superintendent. 4. Local utilities representatives. 5. Local government agencies representative. 01201 Preconstruction Conference.doc 01201-1 JW -029 12 inch WM- Vera Lake Es[ates\Documents\Rewh%Tidi ing Contract SpecificafionM01201 Preconstmction Conference.doc D. Agenda: 1. Record of Attendance. 2. Project Summary Description. 3. Local Utilities to be affected. a. Water lines b. Sewer lines C. Gas lines d. Telephone lines e. Cable TV lines f. Electric lines g. Highways h. Railroads 4. Contractor Responsibilities: a. Start date b. Completion date C. Liquidated damages d. Contract amount e. Work schedule f. Space utilization g. Rights -of -Way occupancy h. Progress Payment Application i. As-Builts (Records/Drawings) j. Photographs k. Shop drawings I. Subcontractors M. Project coordination n. Guarantee, Warranties, Maintenance Manuals 5. Owner Responsibilities: a. Property and right-of-way purchase b. Monthly meetings C. Special meetings d. Partial and final payment e. Change Orders f. Periodic site visits g. Public announcements and public relations h. Project acceptance 6. Engineer Responsibilities: a. Technical representative of Owner b. Interpreter of contract documents C. Periodic inspections of job progress d. Reviews partial and final payment applications e. Prepares Change Orders 01201 Preconstruction Conference.doc 01201 -2 J:07-02912 Inch WM -Vero Lake Estates\Documents\ReportslBkkJing Contract SpecorcationSa 1201 Preconstruction Conference Ooc f. Checks and approves shop drawings g. Reviews record drawings h. Performs final inspection and issues certificate of completion 7. Resident Inspector Responsibilities: PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable a. Engineer's and Owner's representative on site b. Review materials and work and reports any deficiencies to Engineer C. Reviews applications for payment d. Works with Contractor on public notification of work items e. Attends progress meetings f. Observes testing work g. Maintains daily diary of work tasks h. Furnishes reports to Engineer as deemed advisable ** END OF SECTION ** 01201 Preconstruction Conference.doc 01201 -3 J:107-02912 Inch WM- Vera Lake EstatesMacuments%ReportsSidding Contract SpeCrfiCahons101201 PrewnsWcfion Conference.doc SECTION 01311 CONSTRUCTION SCHEDULES PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction progress for the Work, with sub -schedules of related activities which are essential to its progress. B. Coordinate the work and scheduling with and around other contractors and individual trades performing work on the Project. C. Submit revised progress schedules with each application for payment. D. Progress Schedule shall become part of Contract Documents after approval by Engineer. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. General Conditions a. Articles 2 and 6 — Schedules, Reports, and Records b. Sections 6.1 and 6.2 — Supervision by Contractor C. Article 15 — Supervision of Work, Termination, and Delay B. Specified in other sections: 1. Section 01000: Summary of Work 2. Section 01201: Preconstruction Conference 3. Section 01340: Shop Drawings, Product Data, and Samples 1.03 FORM OF SCHEDULES A. Prepare schedules in the form of a horizontal bar chart as follows: 1. Provide separate horizontal bar for each trade or operation 2. Horizontal time scale: Identify the first work day of each week. 01311 Construction ScheduIes.doc 01311 - 1 J 107-02912 Inch WM- Vero lake Estate$DocumentslReponslBiddin0 Contract Specifications101311 Constmdion Schedules.doc 1.04 1.05 1.06 3. Scale and spacing: To allow space for notations and future revisions. 4. Minimum sheet size: 11" x 17" B. Format of listings: The chronological order of the start of each item of work. C. Identification of listings: By major specification section numbers. CONTENT OF SCHEDULES A. Construction Progress Schedule shall: 1. Show the complete sequence of construction by activity. 2. Show the dates for the beginning and completion of each major element of construction; specifically list: a. Subcontractor work b. Utility construction C. Restoration 3. Show projected percentage of completion for each item, as of the first day of each month. PROGRESS REVISIONS A. B. C. Indicate progress of each activity to date of submission Show changes occurring since previous submission of Schedule: 1. Major changes in scope. 2. Activities modified since previous submission. 3. Revised projections of progress and completion. 4. Other identifiable changes. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule. 2. Corrective action recommended, and its effect. 3. The effect of changes on schedules of other prime contractors. SUBMISSIONS A. Submit initial schedules within ten (10) days after award of Contract; Engineer will review schedules for information only. B. Submit revised progress schedules with each application for payment. 01311 Construction Schedules.doc 01311-2 J:\0]-02912 Inch WM -Vera Lake Estates\Documents\ReportsTidding Contract Specifcations101311 Construction Scheduleanoc C. Submit the number of opaque reproductions which the Contractor requires, plus two (2) additional copies; one for Owner and one for Engineer. 1.06 DISTRIBUTION A. Distribute copies of approved schedules to: 1. Job site file 2. Subcontractors 3. Other concerned parties B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule. PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01311 -3 01311 Construction Schedules.doc J:10P-02912 1nch WM- Vero Lake EstatesMocumentslRetaorls\Bidding Contract Speci(cations101311 Const action Schedules doc SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Submit Shop Drawings, Product Data, Samples and Certificates required by the Contract Documents. B. Review and approval by Contractor of submitted material. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. Definitions and Additional Responsibilities of Parties: a. General Conditions of the Contract (1) Sections 6.23 — 6.28: Shop Drawings B. Specified in other sections: 1. Section 01311: Construction Schedules. 2. Section 01720: Record Documents C. Designate in the construction schedule, or in separate coordinated schedule, the dates for the submission and the dates that reviewed Shop Drawings, Product Data and Samples will be needed. 1.03 SHOP DRAWINGS A. Drawings shall be presented in a clear and thorough manner. 1. Details shall be identified by reference to sheet and detail of schedule shown on Contract Drawings. B. Minimum sheet size: Manufacturer's standard; adequate to clearly illustrate. 01340 Shop Drawings, Product Data and Samples.doc 01340-1 J \W-02912 Inch WM -Veno Lake EstateslDocuments\Reports\Bidc ing Contract Specifrabons\01340 Shop Drawings, Product Data and Samples.doc 1.04 1.05 PRODUCT DATA A. Preparation: 1. Clearly mark each copy to identify applicable products, models, options, and other data. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. Show wiring or piping diagrams and controls. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide information specifically applicable to the work. 3. Include manufacturer's installation instructions when required by the Specifications Section. SAMPLES A. Office Samples: Limit to items requiring color, pattern and similar selections and shall be sufficient size and quantity to clearly illustrate: 1. Full range of color, texture and pattern 2. Submit samples for selection of finishes within sixty (60) days after date of Agreement, or when directed by Engineer. B. Field Samples and Mock-ups: 1. Functional characteristics of the product, with integrally - related parts and attachment devices. 2. Contractor shall erect, at the Project Site, at a location acceptable to the Engineer 3. Size of Area: that specified in the respective specification section. 4. Fabricate each sample and mockup complete and finished. 5. Include identification on each sample, giving full information. 6. Remove samples at conclusion of Work, or when acceptable to the Engineer. 01340 Shop Drawings, Product Data and Sarr les.doc JA07-02912 Inch WM -Veno Lake Estates\DocumenhARewr1s0ddmg Contract SpecificationsO 1340 Shop Drawings, Product Data and Samples aoc 1.06 MANUFACTURER'S CERTIFICATES A. Submit Certificates, in duplicate, in accordance with requirements of each specification section. 1.07 CONTRACTOR RESPONSIBILITIES A. Review Shop Drawings, Product Data and samples prior to submission. B. Determine and verify: 1. Field measurements 2. Field construction criteria 3. Catalog numbers and similar data 4. Conformance with specifications C. Coordinate each submittal with requirements of the work and of the Contract Documents. D. Notify the Engineer in writing at the time of submission of ANY AND ALL DEVIATIONS in the submittals from requirements of the Contract Documents. All of the Contractor's comments and notations shall be in red ink. E. Begin no fabrication of work which requires submittals until return of submittals with Engineer's approval. 1.08 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the work of any other Contractor. B. Number of submittals required: 1. Shop Drawings: Submit the number of opaque reproductions which the contractor requires, plus four (4) copies which will be retained by the Engineer. 2. Product Data: Submit the number of copies which the Contractor requires, plus four (4) which will be retained by the Engineer. 3. Samples: Submit the number stated in each specification section. C. Submittals shall contain 1. The date of submission and the dates of any previous submissions. 2. The project title and number 01340 Shop Drawings, Product Data and Samples.doc 01340-3 J107-029 121nch WM - Vem Lake Estates\Documents\Reportslaidding contract SpecifwtionsVW Shop Drawings, Product Data and Samples doc 3. Contract identification 4. The name of: a. Contractor b. Supplier G. Manufacturer 5. Identification of the project, with specification section 1.09 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Engineer and resubmit until approved. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. C. Samples: Submit new samples as required for initial submittal. 1.10 DISTRIBUTION A. Distribute reproductions of Shop Drawings and copies of Product Data which carry the Engineer's stamp or review to: 1. Job site file. 2. Record Documents file. 3. Other affected contractors 4. Subcontractors 5. Supplier or fabricator B. Distribute samples which carry the Engineer's stamp of approval as directed by the Engineer. 01340 Shop Drawings, Product Data and Samples.doc 01340-4 J \07-02912 1nch W M -Vero Lake EstateMDacuments%Repor s\Bidding Contract Speclfcahors%01340 Shop Drawings, Product Data and Samples.doc number. 6. Field dimensions, clearly identified as such. 7. Relation to adjacent or critical features of the Work or materials. 8. Applicable standards, such as ASTM or Federal Specification numbers. 9. Identification of deviations from Contract Documents 10. Identification of revisions on resubmittals. 11. An 8" x 3" blank space for Contractor and Engineer stamps 12. Contractor's stamp or review and approval, initialed or signed, certifying to review of initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and of Contract Documents. 1.09 RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Engineer and resubmit until approved. B. Shop Drawings and Product Data: 1. Revise initial drawings or data, and resubmit as specified for initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. C. Samples: Submit new samples as required for initial submittal. 1.10 DISTRIBUTION A. Distribute reproductions of Shop Drawings and copies of Product Data which carry the Engineer's stamp or review to: 1. Job site file. 2. Record Documents file. 3. Other affected contractors 4. Subcontractors 5. Supplier or fabricator B. Distribute samples which carry the Engineer's stamp of approval as directed by the Engineer. 01340 Shop Drawings, Product Data and Samples.doc 01340-4 J \07-02912 1nch W M -Vero Lake EstateMDacuments%Repor s\Bidding Contract Speclfcahors%01340 Shop Drawings, Product Data and Samples.doc 1.11 ENGINEER'S DUTIES A. Review submittals with reasonable promptness and in accordance with schedule. B. Affix stamp and initials / signature, and indicate requirements for resubmittal, or review without comments of submittal. All of Engineer's comments shall be made in green ink. C. Return submittals to Contractor for distribution, or for resubmission. PART 2 -- PRODUCTS Not Applicable PART 3 -- EXECUTION Not Applicable ** END OF SECTION ** 01340 Shop Drawings, Product Data and Samples.doc 01340-5 J:W'/-029121ncfi WM -Vero Lake Estates%DccvmenWRepods0idding Contract Specifications101540 Shop Drawings, Product Data and Samples doc SECTION 01381 AUDIO-VISUAL DOCUMENTATION PART1 -- GENERAL 1.01 DESCRIPTION OF WORK Prior to commencing the Work, the Contractor shall have a continuous color audio -video tape recording taken along the entire length of the Project to serve as a record of preconstruction conditions. The preconstruction swale elevations shall be recorded at 100' intervals. 1.02 APPROVAL No construction shall begin prior to review and acceptance of the tapes covering the construction area by the Engineer. The Engineer shall have the authority to reject all 'or any portion of a videotape not conforming to specifications and order that it be redone at no additional charge. The Contractor shall reschedule unacceptable coverage within five (5) days after being notified. The Engineer shall designate those areas, if any, to be omitted from or added to the audio -video coverage. Tape recordings shall not be made more than thirty (30) days prior to beginning of construction in any area. All tapes and written records shall become property of Owner. The tapes shall be delivered to the Owner as soon as possible after recording. 1.03 QUALITY ASSURANCE The Contractor shall engage the services of a professional electrographer. The color audio -video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. PART 2 -- PRODUCTS 2.01 GENERAL All equipment, accessories, materials, and labor to perform this service shall be furnished by the Contractor. 2.02 QUALITY The total audio -video system shall reproduce bright, sharp, clear pictures with accurate colors and shall have minimal distortion, tearing, rolls, or other imperfections. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion and interruptions. 01381 Audio -Visual Documentation.doc 01381 - i J %0]-02912 Inch WM -Vero Lake EstatesOccumentsVieports\Bidding Contract Specifcations\01381 Audio -Visual Documentation doc 2.03 CAMERA The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal-to-noise ratio of 45dB, and a minimum illumination requirement of 25 foot candles. 2.04 TAPES Audio -video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be one-half inch, high energy, extended still frame capable videocassette, shall be interchangeable with the color videocassette player, and shall be compatible for playback with the player -receiver. PART 3 -- EXECUTION 3.01 VIDEOTAPING PROCEDURES A. Each tape shall begin with the current date, project name, and municipality, and be followed by the general location; i.e., name of street, house address, viewing side, and direction of progress. The audio track shall consist of an original live recording. The recording shall contain the narrative commentary. B. All video recordings must, by electronic means, display continuously and simultaneously generate, with the actual taping, transparent digital information to include the date and time of recording, and station numbers, if shown on the Drawings. The date information shall contain the month, day, and year. The time information shall contain the hour, minute, and second. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, name of street, house address, direction of travel, and the viewing side. The transparent information shall appear on the screen. C. All taping shall be done during times of good visibility. No taping shall be done during precipitation, mist, or fog. The recording shall be done only when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. D. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 44 feet per minute. Panning, zoom -in, and zoom -out rates shall be sufficiently controlled to maintain a clear view of the object. 01381 Audio -Visual Documentation.doc 01381-2 JW -029 12 1 nch WM - Vem Lake EstateslDocumenls\RewnsOdding Contrad SpecifcationsW1381 Auda-Visual Dowmentation.doc E. Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs, and headwalls within the area covered. F. When conventional wheeled vehicles are used, the distance from the camera lens to the ground shall not be more than twelve (12) feet. In some instances, audio -video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the Engineer. ** END OF SECTION ** 01381 Audio -Visual Documentation.doc 01381 -3 J107-02912 Inch WM-Vero Lake EstateslDocuments%RepotlslBidding C nhact Specilications101381 Audio -Visual Documentation doc SECTION 01410 TESTING LABORATORY SERVICES PART1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Owner may employ and pay for the services of an independent testing laboratory to perform certain specified testing in addition to what is called for in the Contract Documents. Owner shall pay for all additional testing. 1. Contractor shall cooperate with the laboratory to facilitate the execution of its required services. 2. Employment of the laboratory shall in no way relieve Contractor's obligations to perform the work of the Contract. B. Contractor will employ and pay for the services of an independent testing laboratory to perform certain specified testing. All testing described in the contract Documents shall be paid for by the Contractor. 1.02 RELATED REQUIREMENTS A. General Conditions of the contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. B. Respective sections of specifications: Certification of Products. 1.03 QUALIFICATION OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification," published by American Council of Independent Laboratories. B. Meet basic requirements of ASTM E329, "Standards of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction." C. Authorized to operate in the State in which the Project is located. D. Submit copy of report of inspection of facilities made by Materials Reference Laboratory of National Bureau of Standards during the most recent tour of Inspection, with memorandum of remedies of any deficiencies reported by the inspection. 01410 Testing Laboratory Services.doc 01410-1 J:10Y-02912 Inch WM- Vero Lake Estates0ocumenWReIrortslBidding Contract SOecifcationst01410 Testing Laboratory Services.doc 1.04 1.05 E. Testing Equipment: 1. Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards b. Accepted values of national physical constants. LABORATORY DUTIES A. Cooperate with Engineer and Contractor; provide qualified personnel after due notice. B. Perform specified inspections, sampling, and testing of materials and methods of construction: 1. Comply with specified standards 2. Ascertain compliance of materials with requirements of Contract Documents. C. Promptly notify Engineer and Contractor of observed irregularities or deficiencies of work or products. D. Promptly submit written report of each test and inspection; one copy each to Engineer, Owner, and Contractor, and one copy to Record Documents File. Each report shall include: 1. Date issued 2. Project title and number 3. Testing laboratory name, address, and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection 6. Record of temperature and weather conditions 7. Date of test 8. Identification of product and specification section 9. Location of sample or test in the Project 10. Type of inspection or test 11. Results of tests and compliance with Contract Documents 12. Interpretation of test results, when requested by Engineer E. Perform additional tests as required by Engineer or the Owner LIMITATIONS OF AUTHORITY OF TESTING LABORATORY A. Laboratory in not authorized to: 1. Release, revoke, alter, or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the work 01410 Testing Laboratory Services.doc 01410-2 JW -029 12 Inch W M - Vero Lake Estates%Docwmeots\ReportslBidding Contract SpecilicationsW 1410 Testing Laboratory Semces.doc 3. Perform any duties of the Contractor 1.06 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, and provide access to work and to manufacturer's facilities. B. Secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C. Provide to the laboratory the preliminary design mix proposed to be used for concrete, and other material mixes which require control by the testing laboratory. D. Furnish copies of product test reports as required. E. Furnish incidental labor and facilities: 1. To provide access to work to be tested 2. To obtain and handle samples at the project site or at the source of the product to be tested 3. To facilitate inspections and tests 4. For storage and curing of test samples F. Notify laboratory, in advance of operations to allow for laboratory assignments of personnel and scheduling of tests. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01410 Testing Laboratory Services.doc 01410-3 J \07-029 121nch WM - Vem Lake EstateslDocumentslReportsZkzding Contract Specifications\01410 Testing Laboratory Services.doc SECTION 01560 TEMPORARY CONTROLS PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary control facilities required for construction; remove on completion of entire project any features not intended to remain on the project site. B. Provide noise control, dust control, water control, debris control, pollution control and erosion control as specified in the appropriate sections of these documents. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with federal, state, and local codes and regulations and utility company requirements. B. Comply with Department of Transportation requirements. PART 2 -- PRODUCTS 2.01 MATERIALS (GENERAL) A. Materials may be new or used, but must be adequate in capacity and quality for the required usage, MUST NOT create unsafe conditions and MUST NOT violate requirements of applicable codes and standards. 2.02 TEMPORARY NOISE CONTROL A. Mechanical equipment shall be fitted with mufflers to reduce noise from internal combustion type engines. B. Bells, sirens, alarms, etc., shall be adjusted to provide adequate warnings to personnel on the project site; however, they shall be regulated to an intensity that is amenable to the neighboring communities. C. Exterior construction work noises shall be kept to a minimum during evening, night, and early morning hours. In addition, weekend and holiday noises shall be limited to acceptable levels. D. In addition to on-site control, noise considerations shall be made to off-site vehicles and equipment (mobilization, demobilization, deliveries, etc.). 01560 Temporary Controls.doc 01560- 1 JW -029 12 Inch W M -Vero Lake Estates\pocumenUoReports\Bidding Contract SpecifiwtionsW 1566 Temporary Contmis.doc 2.03 TEMPORARY DUST CONTROL Dust formed as a result of the construction shall be controlled by the Contractor. Cleaning of work areas and application of dust control materials are the most effective methods of dust control. 2.04 TEMPORARY WATER CONTROL A. The flow of water through the construction site shall be controlled by the Contractor such that it does not damage any constructed items; however, it shall be diverted and channeled to effectively leave the site as soon as possible. Puddling and ponding on the site is not permitted. B. Water shall be controlled such that it does not enter excavated areas, nor is deposited on or against constructed features. 2.05 TEMPORARY DEBRIS CONTROL A. Provision shall be made by each Contractor to have available adequate containers to hold any and all debris that is to be generated from the project. Containers should be covered to prevent wind blowing paper, plastic, and lightweight products around and off the site. B. Instructions shall be given to personnel to utilize the trash containers. Containers shall be placed in convenient places at the site. C. At least once per week, a thorough cleaning of trash and debris shall be made at the construction site. An acceptable method of disposal shall be employed. ** END OF SECTION ** 01560 Temporary Controls.doc 01560-2 J:%02-02912 Inch WM-Vero Lake Estates0owments\RepodsOcIding Contract SpecifcationsMMO Temporary Controls.doc SECTION 01600 MATERIAL AND EQUIPMENT PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Products B. Workmanship C. Manufacturer's Instructions D. Transportation and Handling E. Storage and Protection F. Substitutions and Product Options 1.02 RELATED REQUIREMENTS A. Section 01000: Summary of Work — Provisions and performance of work under the Contract. B. Section 01090: Reference Standards — Provision and identification of publication sources for referenced standards. C. Section 01340: Shop Drawings, Product Data and Samples — Submittal of manufacturer's drawings, descriptive literature, samples and certificates. D. Section 01710: Cleaning — Manufacturer's recommendation and procedures for cleaning. E. Section 01740: Warranties and Bonds — Form and time of submission. 1.03 PRODUCTS A. Products include material, equipment and systems. B. Comply with specifications and referenced standards as minimum. C. Manufactured and fabricated components required to be supplied in quantity with a Specification section shall be the same, and shall be interchangeable. 01600 Material and Equipment.doc 01600-1 J:/07-029 Vero Lake Estates — 12" W.M.J:107-029 12 Inch WM - Vero Lake EstateslDocumentslReportslBidding Contract Specifications101600 Material and Equipment.doc D. When project is alteration and additional work, DO NOT use materials and equipment removed from existing structure, except as specifically allowed by notation or indication by Contract Documents. 1.04 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. Perform work by persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devises designed and sized to withstand stresses, vibration, and rocking. 1.05 MANUFACTURER'S INSTRUCTIONS A. When work is specified to comply with manufacturer's printed instructions, obtain and distribute copies to persons involved, and maintain one set at job site in field office. B. Perform work in accordance with manufacturer's instructions and specified requirements. C. Should a conflict exist between Specifications and manufacturer's instructions, consult with Engineer. 1.06 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules; coordinate to avoid delay of progress, conflict with work and with conditions at the site. B. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. C. Provide equipment and personnel to handle product by methods to prevent soiling or damage. D. Promptly inspect shipments to assure that products comply with requirements, quantities are correct and products are undamaged. 01600 Material and Equipment.doc 01600-2 J:/07-029 Vero Lake Estates — 12' W.M.J:\07-029 12 Inch WM - Vero Lake Estates\Documents\Reports\Bidding Contract Specifications\01600 Material and Equipment.doc 1.07 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. B. Store sensitive products in weather -tight enclosures; maintain within temperatures and humidity ranges recommended/required by manufacturer's instructions. C. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. D. Store loose granular materials on solid surfaces in a well -drained area; prevent mixing with foreign matter. E. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. F. After installation, provide coverings to protect products from damage from traffic and construction operations, remove when no longer needed. 1.08 PRODUCT OPTIONS A. Within 30 days after date of Contract, submit complete list of major products proposed, with name of manufacturer, trade name and model. B. Options: 1. Products specified only be reference standard: Any product meeting that standard. 2. Product specified by naming several manufacturers: Product of any named manufacturer meeting specifications. 3. Products specified by naming one or more manufacturers and "or equal': Submit a request for substitution for any manufacturer not specifically named. 1.09 SUBSTITUTIONS A. Only within 30 days after date of Contract will Engineer consider requests from Contractor for substitutions. Subsequently, substitutions will be considered only when a product becomes unavailable due to no fault of the Contractor. 01600 Material and Equipment.doc 01600-3 J:/07-029 Vero Lake Estates — 12' W.M.J:\07-029 12 Inch WM - Vero Lake Estates\Documents\Reports\Bidding Contract Specifcations101600 Material and Equipment.doc B. Document each request with complete data, drawings and samples as appropriate, substantiating compliance of proposed substitution with Contract Documents including: 1. Comparison of the qualities of the proposed substitution with the specified. 2. Changes required in other elements of the work because of the substitution. 3. Effect on the construction schedule. 4. Cost data comparing the proposed substitution with the product specified. 5. Any required license fees or royalties 6. Availability of maintenance service, and the source replacement materials. C. Request constitutes a representation that Contractor: 1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. 2. Will provide the same warranty for substitution as for specified product. 3. Will coordinate installation and make other changes which may be required for work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. D. Substitutions will not be considered when they are indicated or implied on Shop Drawing or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents. E. Engineer will review to determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time. PART2-- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01600 Material and Equipment.doc 01600-4 J:/07-029 Vero Lake Estates — 12" W.M.J:\07-029 12 Inch WM - Vero Lake Estates\Documents\Reports\Bidding Contract Specifications101600 Material and Equipment.doc SECTION 01700 CONTRACT CLOSEOUT PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Comply with requirements stated in General and Special Conditions of the Contract and in Specifications for administrative procedures in closing out the work. B. Related requirements in other parts of the Contract Documents: Fiscal provisions, legal submittals, and additional administrative requirements; General Conditions of the Documents: a. Paragraph 6.19 — Record Documents b. Paragraph 14.11 — Final Inspection C. Paragraph 14.8 — Substantial Completion d. Paragraph 14.12 — Application for Final Payment e. Paragraph 14.13 — Final Payment and Acceptance f. Paragraph 13.1 — Guarantee of Work C. Related requirements specified in other sections: 1. Section 01710: Cleaning 2. Section 01720: Project Record Documents 3. Section 01740: Warranties and Bonds 1.02 SUBSTANTIAL COMPLETION A. When Contractor considers his work is substantially complete, he shall submit to Engineer: 1. A written notice that the work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. C. Should Engineer determine that the work is not substantially complete: 1. Engineer will promptly notify the Contractor, in writing, giving the reasons. 2. Contractor shall remedy the deficiencies in the work, and shall send a second written notice of substantial completion to Engineer 3. Engineer will re -inspect the work 01700 Contract Close-out.doc 01700-1 Jd07-02912 Inch WM Vern Lake EstatesVo rnentslRep rnSidding Cont2U speciwlions101700 Contract Close-out.doc D. When Engineer concurs that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion, accompanied by a list of items to be completed or corrected 2. Submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the certificate. 1.03 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed 2. Work has been inspected for compliance with Contract Documents 3. Work has been completed in accordance with Contract Documents 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational 5. Equipment and systems instructions to Owner's personnel have been completed in accordance with Section 01730 6. Work is completed and ready for final inspection B. Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the work is incomplete or defective: 1. Engineer will promptly notify the Contractor, in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Engineer that the work is complete. 3. Engineer will re -inspect the work D. When Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. 1.04 RE -INSPECTION FEES Should the Engineer perform re -inspection due to failure of the work to comply with the claims of status of completion made by the Contractor, Contractor will compensate Engineer/Owner for such additional services. 01700 Contract Close-out.doc 01700-2 J107-02912 Inch WM- Vero Lake EstateslDccvments%Reporas Bidding Contract Spec cations\01700 Contract Clase- Ldoc 1.05 ADDITIONAL SERVICES Should Engineer be required to provide representation at the site for the administration of the Contract for Construction, more than thirty days after the specified Date of Substantial Completion of the work, Contractor will compensate Engineer for such additional services. 1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. Evidence of compliance with requirements of governing authorities: Certificate of Occupancy B. Project Record Documents: To requirements of Section 01720 C. Operating and Maintenance Data: Instructions to Owner's personnel conforming to requirements of Section 01730 D. Warranties and Bonds: To requirements of Section 01740; also, see Item H below E. Spare Parts and Maintenance Materials: To requirements of each specification section F. Evidence of Payment and Release of Liens: To requirements of General and Supplementary Conditions G. Certificate of Insurance for Products and Completed Operations H. One (1) Year Maintenance Bond Certificate of Operation from equipment manufacturers 1.07 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to Engineer B. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous change orders b. Allowances C. Unit prices d. Deductions for uncorrected work e. Deductions for liquidated damages f. Deductions for re -inspection payments g. Other adjustments 01700 Contract Close-out.doc 01700-3 JA07-029 12 Inch W M - Vero Lake EstateslOocumentslReportsleidding Contract Specifications101700 Contract Close-ouLtloc 3. Total Contract sum, as adjusted 4. Previous payments 5. Sum remaining due C. Engineer will prepare a final change order, reflecting approved adjustments to the Contract sum which were not previously made by change order. 1.08 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION ** 01700 Contract Close-out.doc 01700-4 J 2912 Inch WM-Vero Lake Estates\Downnents\RepodsSAding Contract SpecMcatbnsW1700 contract Close-cuLdoc SECTION 01710 CLEANING PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED Execute cleaning, during progress of the work, and at completion of the work, as required by General conditions. 1.02 DISPOSAL REQUIREMENTS Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and anti -pollution laws. PART 2 -- PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage finishes and surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer. PART 3 -- EXECUTION 3.01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the work, the site, and adjacent properties free from accumulation of waste materials, rubbish, and windblown debris resulting from construction operations. B. Dispose of waste materials, cartons, crating, debris, and rubbish at designated waste receptacles. C. Contractor shall maintain a broom -cleaned site during the entire construction phase. D. For exterior utility work (such as underground pipelines, roadways, service areas, etc.), these shall be cleaned daily. Not less frequently than once weekly. Roadways shall be mechanically broomed. 01710 Cleaning.doc 01710-1 JM7-02912 Inch WM -Vero Lake Estates\Documents\Repons\eiddin9 Contract Specificalions\01710 Cleaning.doc 3.02 DUST CONTROL A. General Contractor shall broom -clean interior spaces prior to the start of completing painting and continue cleaning on an as -needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from the cleaning process will not fall on wet or newly -coated surfaces. 3.03 FINAL CLEANING A. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials. B. Contractor shall broom -clean paved surface; rake -clean other surfaces of the grounds. C. Prior to final completion, Contractor shall conduct an inspection of all work areas to verify that the entire work area is clean. ** END OF SECTION ** 01710 Cleaning.doc 01710-2 Ja07-02912 1nch W M - Vero Lake Estates\Documents\Reports\ebtling Contract Spec cations\01710 Cleaning.doc SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Contractor shall maintain at the site for the Owner one record copy of the following: 1. Drawings 2. Specifications 3. Addenda 4. Change orders and other modifications to the Contract 5. Engineer field orders or written instructions 6. Approved shop drawings, product data, and samples 7. Field test records B. Related requirements in the other parts of the Contract Documents: General Conditions of the Contract; Section 2 — Schedules, Reports and Records C. Related requirements specified in other sections: Section 01340: Shop Drawings, Product Data and Samples 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Contractor shall store documents and samples in the field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with Specifications — Table of Contents. C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by Engineer. 01720 Project Record Documents.doc 01720-1 J:\07-02912 Inch WM -Vero Lake Estates\Documents\Reports\Bidding Contract SpecificatbnsW1720 Project Record Documents.doc 1.03 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color red. 1.04 RECORDING (SEE ALSO SPECIAL CONDITIONS) A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. DO NOT conceal or backfill any work until required information is recorded. C. Drawings: Legibly mark to record actual construction: 1. Depths of various elements of construction in relation to N.G.V.D. 1929. 2. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. 4. Field changes of dimension and detail 5. Changes made by field order or by change order. 6. Details not on original contract drawings. D. Specifications and Addenda: Legibly mark each section to record: 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. 2. Changes made by field order or by change order. 1.05 SUBMITTAL A. At Contract close-out, deliver Record Documents to Engineer for the Owner B. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative 01720 Project Record Documents.doc 01720-2 J:107-029 121nch W M -Vero Lake EstateslCocumeresl eWrts Bidding Contract SPedficatians101720 Project Record Documents.doc 1.06 AS -BUILT SURVEYS A. GENERAL INFORMATION TO BE SHOWN ON AS -BUILT AND SURVEY DRAWINGS 1. Existing right-of-way limits and/or easements within the limits of construction. 2. Survey baseline stationing every 100', control points set every 500', and at angle change of direction. 3. Show cross section elevations at grade every 100' for gravity sewer line construction and 500' for water line and force main construction. Elevations that reflect any significant change in grade between the previously stated footage shall be shown on plans. 4. Existing parcels, tracts, and lot corner locations shown with front footage dimensions per plat when platted. If construction project is along back of lots, then show back lot dimensions. 5. EXISTING ROADWAY EDGE OF PAVEMENT OR EDGE OF DIRT ROAD. 6. Existing utilities as located in field (water, sewer, telephone, electric, cable TV, etc.) (NOTE: Sunshine One to be contacted by surveying firm prior to survey locate; with the intent of county excavation.) 7. Existing utilities as associated with number 5 above (example: valves, meters, manholes, etc.) 8. Existing curbs, driveway widths and types. 9. Existing drainage pipe crossings and driveway culverts (type, sizes and invert elevations.) 10. Existing swales and/or ditches and elevations every 100' at top and bottom if within area of construction. 11. Existing fences. 12. Existing trees and/or shrubbery. 13. All other non-movable items such as mailboxes, flag poles, etc. 14. All street names. 01720 Project Record Documents.doc 01720-3 J 10i-02912 Inch WM -Vero Lake Estates\DocumenhAReponss%Bidding Contract SWaficahons\01120 Project Record DocLments.doc B. CONTROL INFORMATION FOR AS -BUILT UTILITY SURVEY WORK 1. All as -built drawings (24"x36") shall state in 1" lettering "AS - BUILT' located in the bottom right hand side of the drawing original and/or copies, along with the as -built date. 2. All as -built surveys shall meet the minimum requirements of the Chapter 61G17, Florida Administrative Code Pursuant to Section 472 of the Florida Statutes. All surveys shall be based on a minimum horizontal control Third Order, "Class 2." 3. All state plane coordinates shall be based on the Florida State Plane Horizontal data (East Zone); or Florida High Precision Geodetic Network (superstation) and NAD 83/1990 — final adjustment. 4. All engineering or surveying as -built drawings shall be tied to a minimum of one (1) permanent reference monument (P.R.M.) that shall be tied to a minimum of one (1) section corner or one- quarter (1/4) section corner whichever is closest to the project. State plane coordinates shall be physically shown on the drawing next to the P.R.M. used. 5. All elevations shown shall be based on 1929 NGVD. 6. All incoming as -built drawings (24"x36") shall be received on a CD, as an electronic copy, AutoCad 2000 format, with a tie to a minimum of two (2) state plane coordinates. (NOTE: Prior to submitting the electronic copy, one (1) copy of each as -built shall be submitted for review and approval. After all approvals, a (24"x36") Mylar reproducible along with five (5) signed and sealed copies of each as -built shall be submitted.) All utility as -built construction plans that are located within a distance of one (1) mile from any Indian River County Global Positioning System (G.P.S.) control project monuments shall be tied into the project from one (1) on-site Permanent Reference Monument (P.R.M.) subdivision Corner, or site plan project corner. All as -built surveys shall include a minimum of two (2) existing or established benchmarks for vertical control every 1,400 feet and shown on all surveys. All Utility As -built construction located within one mile of the Indian River County Global Positioning System (G.P.S.) control project shall be tied from that nearest G.P.S. point and into the closest construction site Permanent Reference Monument (P.R.M.), if available. This does not eliminate Item No. 7 above. 10. All as-builts shall clearly depict as -built utility lines that were constructed along with their respective easement (if required). 01720 Project Record Documents.doc 01720-4 J 101-02912 Inch WM -Vero Lake EstatesOccumentslReporisOddiig Contract Shecficabons1D1720 Project Record Docurrents.doc As-builts will not be accepted unless the verbiage `Proposed" and/or "To Be constructed" have been revised to read "AS -Built". As -built Construction drawings with, to be constructed terminology, will not be accepted. 11. All as-builts shall be certified by the contractor's surveyor. 12. All utility as -built construction located within the rights-of-way, easements and alike shall be tied to the respective rights -of way, easements, etc., every 1,000 feet and change of direction. 13. All fire hydrants and valves shall be located with state plane coordinates and shall be identified on the as-builts. 14. All as-builts shall be complete and approved before commencement of field test. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTION Not applicable ** END OF SECTION'* 01720-5 01720 Project Record Documents.doc J \W-02912 Inch WM -Vero Lake Estate 0ocumentslReportsl8idding contract SpecificaGonsT1720 Project Record Documents dcc SECTION 01740 WARRANTIES AND BONDS PART -- GENERAL 1.01 REQUIREMENTS INCLUDED A. Compile specified warranties and bonds. B. Compile specified service and maintenance contracts. C. Co -execute submittal when so specified. D. Review submittals to verify compliance with Contract Documents E. Submit to Engineer for review and transmittal to Owner 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. Instructional to Bidders: Bid or Proposal Bonds 2. General Conditions of Contract: a. Performance Bond and Labor and Material Payment Bond b. General Warranty of Construction. B. Specified in other sections 1. Section 01700: Contract Closeout 2. Each respective section of Specifications shall have Warranties and Bonds required for specific products. 3. Provisions of Warranties and Bonds, Duration: The respective section of specification which specifies the product. 1.03 SUBMITTAL REQUIREMENTS A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the respective manufacturers, suppliers and subcontractors. B. Number of original signed copies requires: Two each. C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item 2. Firm, with name of principal, address, and telephone number. 3. Scope. 4. Date of beginning of warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service maintenance contract. 01740 Warranties and Bonds.doc 01740 - 1 J'\07-02912 Inch W M -Vero Lake EstatetoDocumenhARewrts\aitlding Contract Specifcalions\01740 Warranties and aonds.doc 6. Provide information for Owner's personnel: a. Proper procedure in case of failure b. Instances which might affect the validity of warranty bonds. 7. Contractor, name of responsible principal, address and telephone number. 1.04 FORM OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size 8-1/2" X 11" punched sheets for 3 -ring binder a. Fold larger sheets to fit into binders 2. Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS." List: a. Title of project b. Name of Contractor C. Binders: Commercial quality, three-ring, with durable and cleanable plastic cover. 1.05 TIME OF SUBMITTALS A. Make submittals within ten days after Date of Substantial Completion, prior to final request for payment. B. For items of work, where acceptance is delayed materially beyond the Date of Substantial Completion, provide updated submittal within ten days after acceptance, listing the date of acceptance as the start of the warranty period. 1.06 SUBMITTALS REQUIRED A. Submit warranties, bonds, and service and maintenance contracts as specified in the respective sections of Specifications, as appropriate. PART 2 -- PRODUCTS Not applicable PART 3 -- EXECUTIVE Not applicable ** END OF SECTION ** 01740 Warranties and Bonds.doc 01740-2 J W7-02912 Inch WM - Vero Lake Estates\Docunnents%Reportsl@idding Contract Specfications\01740 Warranties and Bonds.doc DIVISION 2 SPECIFICATIONS = SITE WORK Section 02000 WATER AND WASTEWATER UTILITY STANDARDS PART1-- GENERAL 1.01 REQUIREMENTS INCLUDED A. Obtain a copy of utility standards and keep at job site, bearing the title "I.R.C.D.U.S. Water and Wastewater Utility Standards", September 2004 or latest version — herein after called "Reference Specifications' B. Installation of all water and wastewater utility facilitiesfinfrastructure shall be in accordance with the reference standards, drawings and other specifications in "Division 2 — Site Work. 1.02 RELATED REQUIREMENTS A. In other parts of the contract documents; contractor is required to obtain a copy of the reference specifications, and during construction, comply with the reference specifications. 1. Section 00020 Advertisement for Bids 2. Section 00100 Instruction to Bidders 3. Section 00310 Bid Form B. Specified in other sections: 1. Section 00530 EJCDC — Agreement between owner and contractor; article 8. Contract documents; paragraph 8.6 2. Section 00800 Supplementary conditions; paragraph SC — 3.03.B.2 Coordination of plans, specifications and special provisions. n 0011#15 PART 2-- PRODUCTS 2.01 All materials, equipment (products) used in the installation of the work shall be in accordance with the reference specifications, and in accordance with specifications found in other parts of the contract documents, including: A. Drawings B. Other sections of "Division 2 — Site Work" Section 02115 - Tree Protection and Trimming Section 02401 — Dewatering Section 02485 — Grassing Section 02576 — Pavement, Sidewalk, and Driveway Replacement PART 3 - EXECUTION 3.01 All installation methods & handling of material ( the execution of the work) shall be in accordance with the reference specifications, and in accordance with specifications found in the other parts of the contract documents, including: DOCUMENTS: A. Drawings B. Other sections of division 2 — site work Section 02115 — Tree Protection and Trimming Section 02401 — Dewatering Section 02485 — Grassing Section 02576 — Pavement, Sidewalk, and Driveway Replacement 02000-2 SECTION 02115 TREE PROTECTION AND TRIMMING PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK Only those trees which are in the direct path of construction are to be removed. Contractor shall make every possible effort to save any tree of four -inch diameter or larger, including minor adjustment to the pipe routing. Changes to pipe routing must be approved by the Engineer. Any tree which is not designated for removal but which will significantly interfere with construction shall be trimmed by a qualified tree surgeon. Contractor shall minimize tree removal and tree trimming operations to as great an extent as possible. 1.02 QUALITY ASSURANCE Engage a qualified tree surgeon to perform the following work: Carefully remove branches from trees as required for new construction; all wounded trees shall be immediately treated. 2. Recommend procedures to compensate for loss of roots and perform initial pruning of branches and stimulation of root growth where removed to accommodate new construction. 3. Perform tree repair work for damages incurred by new construction. 1.03 JOB CONDITIONS Provide temporary fencing, barricades, or guards to protect trees and other plants which are to remain from damage. PART 2 -- PRODUCTS 2.01 MATERIALS Tree Pruning Compound: Waterproof, antiseptic, elastic, and free of kerosene, coal tar, Creosote, and other substances harmful to plants. Pruned or damaged trees shall be treated with the following: Pine trees (all species): A mixture of twelve percent (12%) Benzene Hexachloride (BHC) emulsifiable concentrate shall be mixed at the rate of one (1) pint BHC per gallon of #2 fuel oil. Spray damaged area liberally. Spray the rest of the tree from ground level to a height of six feet (6'). Spraying of damaged trees shall be completed within five (5) days after injury occurs. 02115 Tree Protection and Drilling.doc 02115-1 J N07-02912 Inch WM - Vem Lake Estates0ocumenhs ReIoadsk&dding Contract SpecdicalonsM115 Tree Protection and Dnlling.doc 2. Hardwood (all species except pine pruning paint shall be applied to the applied in sufficient quantity so as t painting of the damaged trees shall hours after the injury occurs. I hardwoods, the inspecting Engineer a skilled and licensed tree surgeon No compensation shall be made to trees. PART 3 -- EXECUTION 3.01 GENERAL 3.02 3.03 An application of asphalt -type tree damaged area. The paint shall be o form an airtight seal. Spraying or be performed within twenty-four (24) n case of damage to "specimen" may require the Contractor to retain to properly treat the damaged tree. the Contractor for treating damaged Protect tree root system from damage due to noxious materials in solution caused by run-off or spoilage during mixing and placement of construction materials, or drainage from stored materials. Protect root systems from flooding, erosion, or excessive wetting resulting from dewatering operations. REPAIR AND REPLACEMENT OF TREES A. Repair trees damaged by construction operations, in a manner acceptable to the Engineer. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove and replace dead and damaged trees which are determined by the tree surgeon to be incapable of restoration to normal growth pattern. C. If trees over six inches in caliper measurement (taken 12 inches above grade) are required to be replaced, provide new trees of six inches caliper size, and of the species selected by the Engineer. DISPOSAL Removal from Owner's property: Remove excess excavation, displaced trees, and trimmings, and dispose of off the Owner's property in a manner approved by local agencies. ** END OF SECTION ** 02115 Tree Protection and Drilling.doc 02115-2 J 0 29 12 Inch W IJ -Vero Lake Estates\Dowments\Reports\aidding Contract Speaficaliorh;M 15 Tree Protection and Drilling.doc SECTION 02401 DEWATERING PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK The work to be performed under this section shall include furnishing all equipment and labor necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings. 1.02 APPLICABLE CODES, STANDARDS, AND SPECIFICATIONS The dewatering of any excavation areas and the disposal of the water shall be in strict accordance with the latest revision of all local and state government rules and regulations. The Contractor shall obtain any required dewatering permit from the appropriate agencies prior to commencing dewatering operations. PART 2 -- PRODUCTS (Not Applicable) PART 3 -- EXECUTION 3.01 DEWATERING The Contractor shall provide adequate equipment for the removal of storm or subsurface waters which may accumulate in the excavation. If subsurface water is encountered, the Contractor shall utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying. A wellpoint system or other Engineer -approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and for pipe laying. Wellpoint holes shall be plugged with concrete grout. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom, side walls, or bedding material will occur. In the event that satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could damage existing structures, the Contractor shall obtain the Engineer's approval of wet trench construction procedure before commencing construction. Dewatering shall cease in a manner to allow the subsurface water to slowly return to normal levels. 3.02 DISPOSAL Water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals, or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protect waterways from turbidity during the dewatering operation. In areas where adequate disposal sites are not available, partially backfilled trenches may be used for water disposal only when the Contractor's plan for trench disposal is approved in writing by the Engineer. The Contractor's plan shall include temporary culverts, barricades, and other protective measures to prevent damage to property or injury to any person or persons. No flooding of streets, roadways, driveways, or private property will be permitted. Engines driving dewatering pumps shall be equipped with residential type mufflers. ** END OF SECTION ** 02401 Dewatering.doc 02401 -1 J:10]-029 12 Inch WM - Vero Lake Estates\Downnents\ReportslB'dding Contract Specifcations102601 Dewatenng.doc SECTION 02485 GRASSING PART 1 -- GENERAL 1.01 DESCRIPTION OF WORK The Contractor shall furnish all labor, equipment, and materials necessary for grassing all areas disturbed by his operations and any other areas on the plans indicated to receive grassing. It is the intent of this specification that damaged areas are to be replaced in kind, with sod to be used for all maintained yard areas. The Engineer shall designate those areas to receive seed and those areas to receive sod. Engineer shall also designate the type of seed/sod to be used in each area. Contractor shall take all steps practical to minimize the area required to be sodded or seeded. All grassing shall be in accordance with Section 570-1 through 570-5 of the 1986 FDOT Standard Specifications for Road and Bridge Construction, except as modified herein. 1.02 STORAGE OF MATERIALS The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic or interfere with other aspects of the work. PART 2 -- PRODUCTS 2.01 SOD A. Types: Sod shall be St. Augustine Floratam, Argentine Bahia, Centipede, or Bermuda, depending on type of existing sod in adjacent area to be matched. Sod shall be well matted with roots. Where sodding will adjoin, or be in sufficiently close proximity to private lawns, types of sod other than those listed above may be used if desired by the affected property owners and approved by the Engineer. Sod shall be delivered in commercial -size rectangles, preferably 12 -inch by 24 -inch or larger. B. Condition: The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live, fresh, and uninjured at the time of planting. It shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. It shall be reasonably free of weeds and other grasses. It shall be planted as soon as possible after being dug and shall be kept moist from the time it is planted. 2.02 SEED A. General: All seed shall meet the requirements of the State Department of Agriculture and Consumer Services and all applicable State laws. The seed shall have been harvested from the previous year's crop. When a low percentage of grass seed or native seed germination causes the 02485 Grassing.doc 02485-1 KIDS -126 IRC 74th Ave Force Main -ARCH WE jdaing Contract Sped6cations1o2485 Grassingooc quality of the seed to fall below the minimum pure live seed percentage as to specified below, the Contractor may elect, subject to the approval of the Engineer, to increase the rate of application sufficiently to obtain the minimum germination rate specified. No payment will be made for the added seed. B. Delivery and Storage: Each of the species or varieties of seed shall be furnished and delivered in separate labeled bags. During handling and storage, the seed shall be cared for in such a manner that it will be protected from damage by heat, moisture, rodents, and other causes. All permanent and temporary grass seed shall have been tested within a period of six months of the date of planting. C. Purity and Germination: All permanent and temporary grass seed shall have a minimum percent of purity and germination as follows: 1. Argentine Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 80 percent. 2. Pensacola Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum active germination of 40 percent and a total germination of 80 percent, including firm seed. 3. Bermuda Grass Seed shall be of common variety with a minimum germination of 85 percent. 4. Annual Type Rye Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 90 percent. 2.03 MULCH The mulch material used shall normally be dry mulch. Dry mulch shall be straw or hay, consisting of oat, rye, of wheat straw, or of pangola, peanut, coastal Bermuda, or Bahia grass hay. Only deteriorated mulch which can readily be cut into the soil shall be used. 2.04 GRASSING EQUIPMENT A. Seed Spreader: The seed spreader shall be an approved mechanical hand spreader or other approved type of spreader. B. Equipment for Cutting Mulch into Soil: The mulching equipment shall be of a type capable of cutting the specified materials uniformly into the soil, and to the required depth. Harrows will not be allowed. C. Rollers: A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grassed areas. 02485 Grassing.doc 02485-2 K WS126 IRC 74th Ave Fence Main -ARCH CVBBiddirg Contract Specific tions=485 Grassing doc PART 3 -- EXECUTION 3.01 GENERAL CONSTRUCTION METHODS Seeding and mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and in proper condition to induce growth. No seeding shall be done when the ground is frozen, unduly wet, or otherwise not in a tillable condition. Whenever a suitable length of right-of-way or adjacent area has been graded, it shall be made ready, when directed by the Engineer, and grassed in accordance with these specifications. Grassing shall be incorporated into the project at the earliest practical time in the lift of the contract. 3.02 SODDING A. Preparation of Area to be Sodded: The ground which is to receive sod shall have been graded to proper elevations (2" below sodded grade) to match pre -construction conditions or proposed grades. All disturbed swales and ditches shall have been restored to their pre -construction condition or better. The pre -construction grade shall be maintained and the prepared soil shall be loose and reasonable smooth. It shall be reasonable free of large clods, roots, patches of existing grass, and other material which will interfere with the sod -laying operations or subsequent mowing and maintenance operations. B. Laying of Sod: Sod shall be installed in all areas so designated by Engineer. Sod shall be carefully placed so that each piece abuts flush to all surrounding sod, regardless of whether surrounding sod is new or existing. Where new sod is to be placed adjacent to existing sod, the new sod must be cut in to match the elevation of the existing sod. Uneven sod which might cause mowing problems will be rejected. New sod laid on top of existing sod will also be rejected. All sod placed on steep slopes (greater than 1:1) shall be pinned with a wooden pin to keep it in place. C. Rolling: Immediately after completion of the sod laying, the entire sodded area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. D. Watering: Newly -sodded areas are to be watered by Contractor as necessary to keep sod alive until the Contractor is closed out. Dead sod shall be replaced by Contractor prior to contract closeout. 3.03 SEEDING A. Sequence of Operations: The operations involved in the work shall proceed in the following sequence: preparation of the ground, seeding, spreading, and cutting in mulch. 02485 Grassing.doc 02485-3 K:Q5-125 IRC 741h Ave Force Main-ARCHNEI&dding Contract SpecificationsZ24& Grassing.doc B. Preparation of Area to be Seeded: The ground over which the seed is to be sown shall be prepared by disk -harrowing and thoroughly pulverizing the soil to a suitable depth. The prepared soil shall be loose and reasonably smooth. It shall be reasonable free of large clods, roots, and other material which will interfere with the work or subsequent mowing and maintenance operations. C. Application of Seed: While the soil is still loose, the seed shall be scattered uniformly over the grassing area and immediately mixed into the seed bed to a depth of one-half inch. Unless other types of seed are called for, permanent -type grass seed shall be a mixture of 20 parts of Bermuda seed and 80 parts of Pensacola Bahia seed. Quick -growing type grass seed shall be a species which will provide an early ground cover during the particular season when planting is done and will not later compete with permanent grass. The separate types of seed used shall be thoroughly dry -mixed immediately before sowing. Seed which has become wet shall not be used. D. Mulching: When mulching is called for, approximately two inches, loose thickness, of the mulch material shall then be applied uniformly over the seeded area, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three to four inches. Care shall be exercised that the materials are not cut too deeply into the soil. No artificial watering of the mulch shall be done before it is applied. E. Rolling: Immediately after completion of the seeding, the entire grassed or mulched area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. F. Watering: Newly seeded areas are not to be watered to force the seed germination, but only to sustain grass growth. Water will only be used on vegetated areas when permitted by the Engineer. G. Operations on Steep Slopes: On steep slopes when mulching is called for, the mulch material may be anchored down in lieu of being cut into the soil by use of a machine. Anchoring may be done by either of the following methods: 1. Placing a layer of soil, approximately two inches thick by nine inches wide, along the upper limits of the mulch, and spotting soil piles over the rest of the area at a maximum spacing of four feet. 2. Spreading a string net over the mulch, using stakes driven flush with the top of the mulch, at six-foot centers, and stringing parallel and perpendicular, with diagonals in both directions. H. Maintenance: The Contractor shall, at his expense, maintain the planted areas in a satisfactory condition until final acceptance of the project. Such maintenance shall include the filling, leveling, and repairing of any washed or eroded areas, as may be necessary. The Engineer, at any 02485 Grassing.doc 02485-4 K %05-126 IRC 741h Ave Force Main - ARCHNEIBidding Gontract SpeaficationsW2465 Grassing.doc time, may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. If a planted area must be replanted due to the Contractor's negligence, carelessness, or failure to provide routine maintenance of such areas, such replacement shall be at the Contractor's expense. If replanting is necessary due to factors determined to be beyond the control of the Contractor, payment for replacement will be made under the appropriate contract pay items. ** END OF SECTION ** 02485 Grassing.doc 02485-5 KQ5-128 IRC 74th Ave Force Main -ARCH IVMidding Contract SpedficationsW2485 Grassing.doc SECTION 02576 PAVEMENT, SIDEWALK, AND DRIVEWAY REPLACEMENT PART 1 -- GENERAL 1.01 REFERENCES A. Section numbers and Article numbers specified are those contained in the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction." B. Indian River County Code Chapter 312, Section 08 C. Utility Construction in Right -of -Way shall control where applicable. It is intended that the other specifications contained herein are to be applied as more specific. In the event of a conflict between a provision of Code Section 312.08 C and any other provision of these specifications the more restrictive provision shall apply. C. 312.08 C. Utility construction within the right-of-way. All utility work will require a right-of-way construction permit. Utility companies having a valid franchise to operate in Indian River County will not be required to pay a right- of-way permit fee. Utility companies not having a valid franchise may be required to pay a user fee to be determined by the director of public works. The permit application shall be submitted along with the following information. 1. General application data and specific utility data. 2. Appropriate filing fee. 3. Three (3) sets of Engineering plans which contain plan, profile and cross-section views of the existing and proposed facilities including all existing utilities, structures in the right-of-way within one hundred (100) feet of the improvement, and other pertinent information. 4. Plans that show that the following criteria are met: a. Utility placement shall be the proper depth and location as approved by the Public Works Director and Utilities Director. b. All utility structures including traffic signal and control appurtenances, drainage structures, communication, and electrical lines, gas lines, water, sewer, oil transmission lines, etc., shall meet specifications and construction procedures as required by Florida Department of Transportation and appropriate utility agencies. C. Open pavement cut shall not be permitted on County arterial and collector routes as designated on the County's thoroughfare plan unless approved by the Public Works Director on the permit. All such crossings shall be "bore and jack" or "directional drill" in accordance with Florida Department of Transportation standards, unless approved open cut. If open cut is approved, one (1) lane of traffic in each direction should be maintained, using proper traffic 02576 Pavement, Sidewalk, and Driveway Replacement.doc 02576-1 J9W-02912 Inch WM. Vero Lake EstatesMccumeNSWewdslBidding Contract Specifcatbo5102576 Pavement, Sidewalk, and Driveway Replacementdoc control procedures as outlined in the reference material cited in section 312.08.1 (b) and (c). d. Pavement cut and restoration, where approved, shall be as follows: 1. Pipe bedding, backfill and compaction shall conform to standards specified in section 312.08.1 (a) and (c). Open cut restoration shall meet specifications detailed in drawing No. 6 section 312.19. Density testing shall be performed by an approved independent testing laboratory and reports submitted to the Public Works Director prior to permanent patch. A temporary asphalt patch shall be applied within twenty-four (24) hours after backfill and compaction. The finish surface of the temporary asphalt patch shall be within one-quarter (1/4) inch of the elevation of the existing roadway surface. 2. Seventy-two (72) hours prior to the time of pavement cut, the Public Works Director shall be notified of the date and time of the cut. An emergency phone number of the Contractor shall be provided. 3. Work site traffic control shall be provided in conformance with "Florida Department of Transportation Roadway and Traffic Design Standards." 4. Asphalt restoration will be required within fifteen (15) days after temporary patch is installed. The final finish shall be smooth and uniform within a one- quarter (1/4) inch tolerance of the required surface. 5. Shoulder, right-of-way sodding, and other restoration shall be performed as required by the Public Works Director in accordance with Florida Department of Transportation Standards. 6. Traffic control devices (e.g. signs, street name signs, traffic signals and pavement markings) shall be restored to their original condition or better. 7. Prior to final release of the performance bond, which shall occur no sooner than ninety (90) days after final pavement restoration, the Engineer -of -record or utility company shall request a final inspection, shall certify that the utility has been installed in accordance with standards specified in the publications listed in section 312.08, shall submit two (2) copies of as -built drawings, and shall submit release of lien by Contractors. 8. All utility structures will be required to have an identification tag designating proper ownership. 02576 Pavement, Sidewalk, and Driveway Replacement.doc 02576-2 J9D7-029 12 Inch WM - Vero Lake Estates\Documents%Repodstaiddinq contract Speci6cations1D2576 Pavement, Sidewalk, and Driveway Replacemencdoc 1.02 RESTORATION All surfaces, as described, shall be completed as soon as is reasonable. In no case shall the pavement or driveway replacement operation be unfinished for more than 10 days after backfilling unless otherwise directed by the Engineer. Replace all damaged or cut pavement due to Contractor's operations; restore all pavement outside of trench area that is damaged by the Contract at no expense to Owner. 1.03 GUARANTEE All restored areas within the public right-of-way shall be guaranteed for one year. In the event of settlement of paved areas more than one-quarter inch below the undisturbed adjacent permanent pavement, the Contractor shall make the necessary repairs to restore the pavement level within ten calendar days after notification by the Owner. The cost of such repairs shall be paid by the Contractor. PART 2 -- PRODUCTS 2.01 BASEROCK Limerock, shellrock, and local rock shall conform to FDOT specifications, Section 911. 2.02 ASPHALTIC CONCRETE A. Prime and Tack Coats: Prime and tack coats shall be applied to the prepared baserock. Prime coat shall be cutback asphalt, Grade RC -70, MC - 30, or MC -70, complying with FDOT Specifications, Articles 300-1 through 300-7, applied at the average rate of 0.15 gallons per square yard. Tack coat shall be emulsified asphalt, Grade RS -2, complying with FDOT Specifications, Articles 300-1 through 300-7 respectively, applied at the average rate of 0.10 gallons per square yard. The bituminous quantities are considered as average and are subject to some variation at the discretion of the Engineer and at no additional cost. B. Plant Mix Wearing Surface: A plant mix wearing surface course shall be constructed on the prepared limerock base. Materials and construction shall conform with the requirements of FDOT Standard Specifications for Type S- 1 or S-3 (per drawing) Asphaltic Concrete, Section 331, and Articles 331-1 through 331-4. The finished pavement replacement shall be smooth and even with, or slightly above, the existing abutting pavement, but shall not have any appreciable bump due to this slight elevation. C. Rock, Gravel, or Marl Replacement: Roads, streets, or driveways constructed of rock, gravel, or marl shall be restored to a condition equal to or better than prior to construction using the same material unless directed otherwise. 02576 Pavement, Sidewalk, and Driveway Replacement.doc 02576-3 Ji07-029 12 Inch W M - Vero Lake Estatesl00cumentsGepor1s%Biddm9 Contract SpecificatlonsW2576 Pavement, Sidewalk, and Driveway Replacement.doc D. Temporary Cold Patch: Temporary cold patch for temporary surface as required by Code Section 312.08 (c) (d) 1, shall be a commercially available mix approved by the Engineer. 2.03 CONCRETE MIX, DESIGN, AND TESTING A. Comply with requirements of applicable FDOT Section 345 for concrete mix design, sampling and testing, and quality control, and as herein specified. B. Design the mix to produce standard weight concrete consisting of Portland cement, aggregate, air -entraining admixture and water to produce the following properties. 1. Compressive Strength - Class I, 3,000 psi. 2. Air Content: 3% to 6% C. Concrete placement slump shall not exceed plus or minus one inch from approved design slump. PART 3 EXECUTION 3.01 PAVEMENT REPLACEMENT Replace pavement in accordance with the details shown on drawings. The baserock shall be placed and compacted in accordance with FDOT Specifications, Section 200. Application of the tack coat shall follow the application of the prime coat immediately prior to the placing of the wearing surface course. 3.02 EDGE TRIM Trim edges of the existing pavement with a concrete saw or other approved method to provide a clean, straight edge. 3.03 PAVEMENT MARKINGS Repaint, stripe, or otherwise mark pavement to match pre-existing conditions, using FDOT-approved materials and procedures 3.04 TEMPORARY PAVEMENT Temporary pavement shall be installed as follows: A. Residential Streets: In residential streets, the Contractor shall, after completion and acceptance of the backfill, construct a base course in accordance with the typical section meeting the requirements of the FDOT Specifications, Section 200, Articles 200-1 through 200-10. The top of the base course shall be constructed flush with the adjacent asphalt surface. Upon completion of the base construction, it shall be primed and sanded in accordance with FDOT Specifications, Section 300, Articles 300-1 through 02576 Pavement, Sidewalk, and Driveway Replacement.doc 02576-4 J9W-D2912 Inch WM- Vero Lake EstatesMocumentslReporUeBidding Contract Specifications102576 Pavement. Sidewalk, and Driveway Replacementdoc 300-6. Prime shall be applied at the rate of 0.50 gallon per square yard, or as directed by the Engineer. B. Arterial Streets: In arterial streets, the Contractor shall, after completion and acceptance of the backfill, construct a base course in accordance with the typical section. Upon completion of the base course, the Contractor shall construct an asphaltic concrete surface course, Type II, in accordance with FDOT Specifications, Section 332, Articles 332-1 through 332-5. The top of the surface course shall be constructed flush with the adjacent asphalt surface. Thickness of the replaced course shall match the thickness of the existing surface course. 3.05 EMERGENCY REPAIRS AND PROCEDURES The Contractor shall provide the name and telephone number of at least two persons designated by the Contractor to receive notification of the need for emergency repairs. These persons shall be available for emergency notification on a 24 hour basis. The County will provide the name, or names, of its designee who will be charged with giving notice to the Contractor when the need for emergency repairs, or other actions, is necessary on work that has been performed by the Contractor. When so notified by the person so designated by the County that emergency repairs, or other actions, are necessary the Contractor will be given a reasonable time to respond to the situation. At the time of notification the Contractor will give the time that he will be able to take action to rectify the emergency conditions. If this time is not satisfactory to the County, the County reserves the right to have the Road & Bridge Division make necessary repairs, or take other emergency actions as required to restore the pavement, or take other actions necessary. The County will invoice the Contractor for the actual time and materials used in executing the emergency repairs or actions. This amount will be based upon hourly rates and actual materials cost to the County. The labor rates will be supplied to the Contractor prior to beginning work under this Contract. If the Contractor does not pay the invoice as presented by the County, the County reserves the right to withhold that amount from the Contractor on the Final Pay for this Contract. 3.06 SIDEWALK, CONCRETE DRIVEWAY, CURB, AND COMBINED GUTTER REMOVAL AND REPLACEMENT A. SURFACE PREPARATION: 1. Remove loose material from the compacted subbase surface immediately before placing concrete. 2. Proof -roll prepared subbase surface to check for unstable areas and the need for additional compaction. Do not begin paving work until such conditions have been corrected and are ready to receive paving. Comply with requirements of FDOT Section 230, Paragraph 230-6. B. Do not place concrete until subbase and forms have been checked for line and grade. Moisten if required to provide a uniform dampened condition at 02576 Pavement, Sidewalk, and Driveway Replacement.doc DYbi[:II.7 Ji97-029 t2 Inch WM -Vem Lake EstatesZocoments\Reports\Bidding Contract SpecificationsW25713 Pavement, Sidewalk, and Dnveway Replacementdoc the time concrete is placed. Do not place concrete around manholes or other structures until they are completed to required finish elevation and alignment. All concrete driveways shall be FDOT Class 1 and a minimum of 6 inches thick with wire or fiber mesh reinforcement. All sidewalks shall be a minimum of 4 inches thick, shall be sawcut every 5 feet, and shall have an expansion joint every 30 feet. 1. Place concrete using methods which prevent segregation of the mix. Consolidate concrete along the face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square - faced shovels for hand -spreading and consolidation. Consolidate with care to prevent dislocation of reinforcing, dowels, and joint devices. Do not use vibrators to push or move concrete in forms or chute. 2. Deposit and spread concrete in a continuous operation between transverse joints, as far as possible. If interrupted for more than one- half hour, place a construction joint. 3. Curbs and Gutters: Automatic machine may be used for curb and gutter placement at Contractor's option. If machine placement is to be used, submit revised mix design and laboratory test results which meet or exceed the minimum herein specified. Machine placement must produce curbs and gutters to the required cross-section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete as specified. 4. Joints: Construct expansion, weakened -plane (contraction), and construction joints true -to -line with face perpendicular to surface of the concrete, unless otherwise indicated. Construct transverse joints at right angles to the centerline, unless otherwise indicated. When joining existing structures, place transverse joints to align with previously -placed joints, unless otherwise indicated. a. Weakened -Plane Joints: Provide weakened -plane (contraction) joints sectioning concrete into areas where required. Construct weakened -plane joints for a depth equal to at least one-quarter concrete thickness, by sawing within 24 hours of placement or formed during finishing operations. Place joints at intervals not to exceed 10 feet, if not otherwise indicated. b. Construction Joints: Place construction joints at the end of all pours and at locations where placement operations are stopped for a period of more than one-half hour, except where such pours terminate at expansion joints. Construction joints shall be as shown or, if not shown, use standard metal keyway -section form of appropriate height. C. Expansion Joints: (1) Provide premolded joint filler for expansion joints abutting concrete curbs, catch basin, manholes, 02576 Pavement, Sidewalk, and Driveway Replacement.doc 02576-6 Ji07-02912 Inch W M -Vero Lake EstatesOommenlslReportslBidding Contract Specifications%02576 Pavement, Sidewalk, and Driveway Replacemenldoc C. CONCRETE FINISHING 1. After striking -off and consolidating concrete, smooth the surface by screening and floating. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform texture. 2. After floating, test surface for trueness with a 20 ft. straight edge. Variations exceeding one-third inch for any two points within 10 feet shall not be acceptable. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous smooth finish. 3. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round 10-1120' radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. 4. After completion of floating and when excess moisture or surface sheen has disappeared, broom finish sidewalks by drawing a fine - hair broom across concrete surface, perpendicular to a line of pedestrian traffic. 5. Do not remove forms for 24 hours after concrete has been placed. After form removal, clean ends of joints and point -up any minor honeycombed areas. D. CURING: 02576-7 02576 Pavement, Sidewalk, and Driveway Replacemenl.doc J 907-029121nch WM -Vero Lake Estat0S00Wments%Reporlsteiddmg Contract SpecificationM02575 Pavement, Sidewalk, and edveway Replacement.doc inlets, structures, walks, and other fixed objects, unless otherwise indicated. (2) Locate expansion joints at 30 feet o.c. for concrete walks, unless otherwise indicated. (3) Extend joint fillers full width and depth of joint, and not less than one-half inch below finished surface where joint sealer is indicated. If no joint sealer, place top of joint filler flush with finished concrete surface. (4) Fumish joint fillers in one-piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler sections together. Pieces shorter than four inches shall not be used unless specifically shown as such. (5) Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary material. Remove protection after concrete has been placed on both sides of joint. (6) Fillers and Sealants: Comply with the requirements of these specifications for preparation of joints, materials installations and performance, and as herein specified. C. CONCRETE FINISHING 1. After striking -off and consolidating concrete, smooth the surface by screening and floating. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform texture. 2. After floating, test surface for trueness with a 20 ft. straight edge. Variations exceeding one-third inch for any two points within 10 feet shall not be acceptable. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous smooth finish. 3. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round 10-1120' radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. 4. After completion of floating and when excess moisture or surface sheen has disappeared, broom finish sidewalks by drawing a fine - hair broom across concrete surface, perpendicular to a line of pedestrian traffic. 5. Do not remove forms for 24 hours after concrete has been placed. After form removal, clean ends of joints and point -up any minor honeycombed areas. D. CURING: 02576-7 02576 Pavement, Sidewalk, and Driveway Replacemenl.doc J 907-029121nch WM -Vero Lake Estat0S00Wments%Reporlsteiddmg Contract SpecificationM02575 Pavement, Sidewalk, and edveway Replacement.doc D. CURING: Protect and cure finished concrete paving and walks, as required. Use moist -curing methods for initial curing whenever possible of approved concrete curing compounds. E. REPAIRS AND PROTECTION: 1. Repair or replace broken or defective concrete, as directed by Engineer. 2. Drill test cores where directed by Engineer, when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy resin grout. 3. Protect concrete from damage until acceptance of work. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials as they occur. 4. Sweep concrete pavement and wash free of stains and discoloration, dirt, and other foreign material just prior to final inspection. ** END OF SECTION ** 02576 Pavement Sidewalk and Driveway Replacement.doc 02576-8 CADecuments and SettingslwSALocal SettmgslTemporary Internet Files10LK%%Q2576 Pavement Sidewalk and Driveway Replacement,doc