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fl � , r � gIVE� r ✓t LOR1� r CONTRACT DOCUMENTS AND r SPECIFICATIONS FOR INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS BID NO . 2007027 ,. PROJECT NO . 0201 PREPARED FOR r THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA ARTHUR R . NEUBERGER , CHAIRMAN GARY C . WHEELER , VICE CHAIRMAN COMMISSIONER SANDRA L . BOWDEN r COMMISSIONER THOMAS S . LOWTHER COMMISSIONER WESLEY S . DAVIS r JOSEPH A. BAIRD , COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT WILLIAM G . COLLINS , II , COUNTY ATTORNEY CHRISTOPHER J . KAFER JR . , P. E . COUNTY ENGINEER MICHELLE A. GENTILE C . E . T. . CIVIL ENGINEER INDIAN RIVER COUNTY r ENGINEERING DIVISION 184F257" STREET VERO BEACH , FL 32960 r r 0201 -00001 - Project Title Page.doc 00001 - 1 F 1EngineeringlCapilal Projects\0201 -03128-Indian River Drive Sidewalk\0201 Indian River Drive South Sidewalk - Contract Doce102D1 -00001 - Project Title Pagedoc r TABLE OF CONTENTS BIDDING REQUIREMENTS , CONTRACT FORMS AND CONDITIONS OF CONTRACT r Section Title Section Number Advertisement for Bids 00100 r Instructions to Bidders 00200 _ Bid Package Bid Package Contents 00300 Bid Form 00310 Bid Bond 00430 r Public Entity Crimes Affidavit 00450 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 r Qualifications Questionnaire 00456 List of Subcontractors 00458 r Contract Forms Notice of Award 00510 Agreement 00520 .. Notice to Proceed 00550 Performance Bond 00610 Payment Bond 00612 Sample Certificate of Liability Insurance 00620 Contractor's Application for Payment 00622 Certificate of Substantial Completion 00630 General Conditions 00700 Supplementary Conditions 00800 r Change Order Form 00942 Field Change Order 00946 DIVISION 1 GENERAL REQUIREMENTS DIVISION 2 TECHNICAL SPECIFICATIONS r APPENDIX "A"- PERMITS APPENDIX "B" - CHAPTER 4, BEST MANAGEMENT PRACTICES APPENDIX "C - FEDERAL REQUIRED CONTRACT PROVISIONS APPENDIX " D " - AUDITS i 00010 — Table of Contents F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -00010 - Table of Contents (Capital Projects).doc r SECTION 0201 -00100 - Advertisement for Bids .doc BOARD OF COUNTY COMMISSIONERS r 1840 25TH Street, Vero Beach, Florida 32960 � ttIVER Telephone : (772) 567-8000 SUNCOM: 2244000 FAX: (772) 778-9391 ADVERTISEMENT FOR BIDS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday , December 13 , 2006 . 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: "Bid Number 2007027 . #0201 . INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS" . Bids mailed in should be addressed to Purchasing Division , 1840 25th Street, Vero Beach , Florida 32960. Bids hand delivered should be delivered to 2525 St. Lucie Avenue, Vero Beach , FL 32960. All bids will be opened publicly and read aloud at 2 : 00 P. M . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 0201 _ INDIAN RIVER COUNTY BID NO. 2007027 PROJECT DESCRIPTION : r' INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS ® 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 Indian River County Engineering Division , 1840 25" Street, Vero Beach , FL 32960-3365. You may contact Jill Williams at (772) 226-1380 for questions regarding the purchase of plans. Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the s amount of $ 75. 00 for each set, which represents cost of printing, handling, and mailing and which is non refundable. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the ' specifications. A BID BOND must accompany each Bid , and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to do business in the State of Florida , in the sum of not less than Five Percent (5%) of the total amount bid , made payable to Indian River County Board of County Commissioners . In the 0201803128-00100 - Advertisement for Bids.doc 00100 - 1 FAEngineenng\Capital Prolects10201-03128-Indian River Drive Sldemlk=01 803128 Contract Docs10201603128-00100 - Advertisement for Bids.doc Rev. 06X1 event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance Bond and Payment Bond . If he fails to do so , he shall forfeit • the said bid Bond as liquidated damages . Please note that the questionnaire must be filled out completely including the financial statement . • 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 judgment , will serve the best interest r of Indian River County , Florida. The County will not reimburse any Bidder for bid preparation costs . INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date(s) : November 15, 2006 r For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY • PURCHASING DIVISION 184025TH STREET Vero Beach , FL 32960 r r r * * END OF SECTION r Allr r r 0201 &03128-00100 - Advertisement for Bids .doc 00100 - 2 r FdEngineeringlCapital Pr*cts10201-03128-Indian River Drive SidewalkW201 & 03128 Contract DOW0201&03128-00100 - A vertisernent for Sids.doc Rev. 05101 SECTION 00200 - Instructions to Bidders TABLE OF CONTENTS Article No. - Title Page ARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4ARTICLE 5 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - BID SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 s ARTICLE 8 - CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 r ARTICLE 9 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 10 - SUBSTITUTE AND "OR-EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 12 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 r ARTICLE 13 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 s ARTICLE 14 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 - CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 - SIGNING OF AGREEMENT , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 21 - SALES AND USE TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 22 — RETAINAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 s ARTICLE 23 - CONTRACTS TO BE ASSIGNED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 s ARTICLE 24 - PARTNERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 0201 -00200 - Instructions to Bidders.doc 00200 - i FAEngineeringiCapital Project510201 -03128-Indian River Drive Sidewalk10201 Indian River Drive South Sidewalk - Contract Do¢10201 -00200 - Instructions to Bidders dcc i Rev. 05/16101 SECTION 00200 - Instructions to Bidders TABLE OF ARTICLES (Alphabetical by Subject) � Subject Article • Award of Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 r Contract Security and Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 rContract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Contractsto be Assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Copies of Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 sDefined Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Examination of Bidding Documents , Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 " Interpretations and Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 .. Opening of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Partnering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 • Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 _ Qualifications of Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Retainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Salesand Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subcontractors, Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 r Substitute or " Or-Equal' Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 • 0201 -00200 - Instructions to Bidders.doc 00200 - it IF 1Engineenng\Capital Projects10201-03128-Indian River Drive SidevvaI W201 Indian River Drive South Sdewalk - Contract DocsM01 -00200 - Instructions to Bidders.doc ! Rev. 05/18/01 r SECTION 00200 - Instructions to Bidders r ARTICLE 1 - DEFINED TERMS r 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to r Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B . Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . r C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS r 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if 1W any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. 2. 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use r of incomplete sets of Bidding Documents. 2. 03 OWNER and ENGINEER in making copies of Bidding Documents available on the r above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. AIN ARTICLE 3 - QUALIFICATIONS OF BIDDERS r 3.01 To demonstrate Bidder's qualifications to perform the Work , within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments, and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. r B . Bidder must have successfully constructed , as prime CONTRACTOR, at least three projects similar in scope to this project. C . Bidder must have good recommendations from at least three clients similar to the » OWNER. D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories . r E. Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located . 3. 02 Each bid must contain evidence of Bidder's qualification to do business in the state r where the Project is located or covenant to obtain such qualification prior to award of the contract. 0201 -00200 - Instructions to Bidders r 00200 - 1 F\ENIneeNplCapilal PmeidsN201-031211IMidn RverDrive Sidervalk-SoNR119M1IdM Onve SM0201 Indian River Onve SOMISOewalk - Untraq Doe0201 -00200 - In4mrtOr oBidderid Rev. 05/01 i 3. 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the NIP listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, AND SITE i 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . r 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities ) that ENGINEER has used i in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4.01 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract i Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4. 02 of the General Conditions has been identified and established in paragraph 4 .02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations, opinions or information contained in such reports or shown or indicated in such drawings . • 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing r Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERS of such Underground Facilities, including OWNER, or others. i 4. 03 Hazardous Environmental Condition i A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents . B. Copies of reports and drawings referenced in paragraph 4 . 03.A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations , opinions , or information contained in such reports or shown or indicated in such drawings. AIN 4 .04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions , other physical conditions and i Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4. 02, 4. 03, and 4. 04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders „w with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at 0201 -00200 - Instructions to Bidders i 00200 - 2 P 1Bngin ierirq\Da4ilai ProjWSW201. 1296iMlen River Drive Sidevalk-sou n-Highland Drive sww201 Indian River Drive sonar Siden3lk - C nvait DooW201 N200 - ir6n.0aiM ro BlaeeR 6x Rev. MMl r the Site which was not shown or indicated in the Drawings or Specifications or identified in the + Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions. 4.05 Upon a request directed to the ENGINEER (Christopher J . Kafer, Jr. , P . E. , (772) 567- 8000, ext. 1221 ), OWNER will provide Bidder access to the Site to conduct such examinations , investigations, explorations, tests , and studies as Bidder deems necessary for submission of a + Bid . Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. r 4 .07 It is the responsibility of each Bidder before submitting a Bid to: A. Examine and carefully study the Bidding Documents, including any Addenda and the other r related data identified in the Bidding Documents; B. VISIT THE SITE AFTER CONTACTING THE ENGINEER (CHRISTOPHER J . KAFER, r JR. , P.E . , (772) 567-8000, EXT. 1221 ) TO MAKE ARRANGEMENTS IN ADVANCE, AND BECOME FAMILIAR WITH AND SATISFY BIDDER AS TO THE GENERAL, LOCAL, AND SITE CONDITIONS THAT MAY AFFECT COST, PROGRESS, AND PERFORMANCE OF THE + WORK; C. Become familiar with and satisfy Bidder as to all federal , state, and local Laws and AW Regulations that may affect cost, progress, or performance of the Work; D. Carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or r subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 .02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition , + if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 .06 of the General Conditions ; ,. E . Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (overhead , surface, subsurface , and Underground Facilities) at or contiguous to the r Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences , and procedures of construction to be employed by Bidder, including any specific means, methods , techniques , sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs r incident thereto; F. Agree at the time of submitting its Bid that no further examinations , investigations, " explorations, tests, studies , or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents ; i G. Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents; r H. Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents , and all additional examinations, investigations , explorations, tests, studies , and data with the Bidding Documents; 0201 -00200 - Instructions to Bidders 00200 - 3 F.EWhreerWvCa" Pmjeds=01-001M1ndian River Dave Sidewalk-SoW HIyMand DoraSM201 IMian Rroer Dave So Ah Sidcalk - CMmd: Doa =l -00200 - IreWcbons1o8kdem.doc Rev. 06101 • I . Promptly give ENGINEER written notice of all conflicts, errors, ambiguities , or JIM discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . Determine that the Bidding Documents are generally sufficient to indicate and convey " understanding of all terms and conditions for the performance of the Work. 4. 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that • Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction .10 that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors , ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are ., acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ' ARTICLE 5 - PRE-BID CONFERENCE 5. 01 The date , time, and n for a Pre-B' erence , if any, are specified in the Advertisement for Bids. Representatives o R and ENGINEER will be present to discuss the Project. Bidders are encoura attend and p ate in the conference . ENGINEER will • transmit to all prospect ers of record such Addenda as NEER considers necessary in response to ons arising at the conference. Oral statements may relied upon and will no Inding or legally effective. • ARTICLE 6 - SITE AND OTHER AREAS r 6. 01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of r materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. fP ARTICLE 7 - INTERPRETATIONS AND ADDENDA " 7. 01 All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing . Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties through the Issuing Office as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered . Only questions answered by Addenda will be binding . Oral and other interpretations or clarifications will be ., without legal effect. 7 .02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. • 0201 -00200 - Instructions to Bidders.doc 00200 - 4 Rl nglneehrigZaMal PmjedsM01-03125.Indian RrvelDMe S:Hewalk=0111ran River Onve 5oNM1 5itl¢Halk - Lomlati Does W201 -00200 . In&rvdioru to Biddersdoc Rev. OMI r ARTICLE 8 - BID SECURITY r 8. 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount specified in the Bid Form and in the form of a certified or bank check or a Bid Bond [on the form r attached except as provided otherwise by Laws or Regulations] . All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies' as published in 'r Circular 570 (amended ) by the Financial Management Service, Surety Bond Branch, U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in-fact who executes any Bond , to affix to each a current +� certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by r the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 .01 and 5 . 02 of the General Conditions . 8. 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other r conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom OWNER 'r believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening , whereupon Bid security furnished by such Bidders will be returned . r 8.03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES r 9 .01 The number of calendar days within which , or the dates by which , the Work is to be (a) r Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. r ARTICLE 10 - LIQUIDATED DAMAGES 10. 01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS r 11 . 01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the 0201 -00200 - Instructions to Bidders r 00200 - 5 F:@Nine NragialPmjeds Ol0 312&Indian RberOnve Sid"alk.Soul HgMand OnveSW10201 (Mien River Onve SOUKSidexk - LanlmU OoMM01 -00200 - InswMuns b NOM.doc Rev. 0 1 i Effective Date of the Agreement. The procedure for submission of any such application by • CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. i ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS do 12. 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers, individuals , or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so • requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors , Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required . Such list shall be accompanied by an experience statement i with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute, without an increase in the Bid . i 12. 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers , individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 1P 6. 06 of the General Conditions. 12.03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or • entity against whom CONTRACTOR has reasonable objection. ARTICLE 13 - PREPARATION OF BID • 13 .01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. 13. 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the • Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item, and unit price item listed therein , or the words "No Bid , " "No Change ," or "Not Applicable" entered . i 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate • seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. • 13 . 04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature) , accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature . s 0201 -00200 - Instructions to Bidders i 00200 - 6 F]ENineerinerCapiRd ProjectiW201-031MMian RNer Ddve Side«ak-Sa HgMaM Dme SM0201 Noun River Drive Sohn Sidewalk - cpntrao DOMMOt -00200 - Iins aiom m eiAers.doc Rev. W01 13. 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the a official address of the firm must be shown below the signature. _ 13. 06 A Bid by an individual shall show the Bidder's name and official address . 13. 07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. a 13. 08 All names shall be typed or printed in ink below the signatures. 13. 09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form. a 13. 10 The address and telephone number for communications regarding the Bid shall be shown . 13. 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the a state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form. 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS a 14 .01 Unit Price a A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item . The final quantities and Contract Price will be determined in accordance with paragraph 11 . 03 of the General Conditions . a C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies a between words and figures will be resolved in favor of the words . 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and " profit on account of cash allowances , if any, named in the Contract Documents as provided in paragraph 11 . 02 of the General Conditions . dM 14. 03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere , is approximate only and not guaranteed . The OWNER does not assume any a responsibility that the final quantities shall remain in strict accordance with the estimated quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work , or other conditions pertaining thereto. a 0201 -00200 - Instructions to Bidders a 00200 - 7 FZrigineeriMq apdal Pm7eds=01-0126Indiarr River DdveSidewalk-SON5.Hi0hlaM Drive SWb201 Win River Drive Sauld Sidewalk - Cnvad Docs10201 -00200 - Iwwrvons w Biddmdoc Rev. 05101 ARTICLE 15 - SUBMITTAL OF BID 15.01 The Bid form is to be completed and submitted with the Bid security and the following data: A. Statement of Public Entity Crimes. B. Sworn Statement under Section 105. 08, Indian River County Code, on Disclosure of Relationships . C. Sworn Statement under the Florida Trench Safety Act. D. General Information Required of Bidders. E. List of Subcontractors . 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and , if applicable, the designated portion of the Project for which the Bid is submitted ), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If mail or other delivery system sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation 'BID ENCLOSED. " A mailed Bid shall be addressed to Indian River County, Purchasing Division , 2625 19"' Avenue, Vero Beach , Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID .r 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. a ARTICLE 17 - OPENING OF BIDS 17. 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non-responsive , read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of this period . do 0201 -00200 - Instructions to Bidders 00200 - 8 F]ErpineerinplCapial PraJeola10201-09128-IMian River O,ive S1dev81k-S0WhHIgNand Orive SRM201 lWian River Odve SONk SNeealk - Conti= OOrs10201 -00200 - InstruUons to Bidders doc Re,. Ob01 + ARTICLE 19 - AWARD OF CONTRACT 19.01 OWNER reserves the right to reject any or all Bids , including without limitation , + nonconforming , nonresponsive , unbalanced , or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible . OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for + bid preparation costs . The OWNER reserves the right to select, from among the various Bid alternatives , those alternatives to be included in the final Contract as well as the right and option to award or re-bid alternatives in any sequence or at any time deemed to be in the best + interest of the OWNER . 19.02 More than one Bid for the same Work from an individual or entity under the same or + different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. + 19. 03 In evaluating Bids , OWNER will consider whether or not the Bids comply with the prescribed requirements , and such alternates, unit prices and other data , as may be requested in the Bid Form or prior to the Notice of Award . It is the OWNER's intent to accept alternates (if any " are accepted) in the order in which they are listed on the Bid form, but OWNER may accept them in any order or combination . - 19. 04 In evaluating Bidders , OWNER will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers , and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors , + Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.05 OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals , or entities to perform the Work in accordance with the Contract Documents. - 19.06 If the Contract is to be awarded , OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project. + ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20. 01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment Bonds and insurance. When + the Successful Bidder delivers the executed Agreement to OWNER, it must be accompanied by such Bonds, unless the Bonds have been waived due to the total contract being less than $50,000. All Bonds shall be in the form prescribed by the Contract Documents except as provided ,,. otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the + Financial Management Service, Surety Bond Branch , U .S. Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida. The CONTRACTOR 0201 -00200 - Instructions to Bidders 00200 - 9 F:�amaeennCapmi Pmji sosOl- l2ainoiaawoera ends«alk- o nwanlaWDnoeSw 01 miaa aver onvasaiansmaeaix - comma DaW0201 -a W - mtrudmr6m Bidders.do Re.. MMM i shall require the attorney-in-fact who executes any Bond , to affix to each a current certified r copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the r United States Department of the Treasury under 31 United States Code sections 9304-9308 . ARTICLE 21 - SIGNING OF AGREEMENT r 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied + by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen ( 15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the r Agreement and attached documents to OWNER. 21 .02 OWNER shall return one fully signed counterpart to Successful Bidder. r 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 . 01 above , the additional time in calendar days , required to correctly complete the documents will be deducted , in equal amount, from the Contract time . Or, the w OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . r ARTICLE 22 - SALES AND USE TAXES w 22. 01 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work. Exemption No. 41 -05-012529-53C. Said taxes shall not be r included in the Bid . Refer to paragraph 6 . 10 of the Supplementary Conditions for additional information . + ARTICLE 23 — RETAINAGE r 23 . 01 This Section intentionally left blank. ARTICLE 24 - CONTRACTS TO BE ASSIGNED r 24. 01 OWNER has executed contracts with F 1 for 1 r and with [ 1 for [ The materials and equipment provided for in these contracts are to be furnished and delivered w to the Site for installation by CONTRACTOR. The contracts will be assigned by OWNER to CONTRACTOR. Identification of the materials and equipment and the procedures to be followed appear in paragraph 6 . 21 of the Supplementary Conditions. 24. 02 Bidders may examine the documents for these contracts at the Issuing Office . 0201 -00200 - Instructions to Bidders 00200 - 10 + F. ENireedWr apital ProjeRA201-03124Indian River Dine Sidewalk-Soule-HigMard onve SMM1 lWien River Otive Sou sidexalk - ComrsRO va2ot -0o2W - Iinstructions to Mdersdoc Rev. O 01 ARTICLE 25 - PARTNERING 25. 01 OWNER intends to participate in a partnering process with CONTRACTOR. The objectives of the process will be to achieve effective and efficient performance of the Work and completion of the Work within the Contract Price and Contract Times , all in accordance with the Contract Documents . 25. 02 Participation in the partnering process will be voluntary. To initiate the process , within I days after the Notice to Proceed the key personnel of OWNER, ENGINEER, CONTRACTOR, and CONTRACTOR's major Subcontractors will be invited to attend a one-day seminar followed by a one-day team building workshop to develop a partnering statement. The M seminar and the workshop will be conducted by a neutral facilitator at a time and location agreed to by OWNER and CONTRACTOR in the general vicinity of the Site . 25.03 The facilitator will be selected by OWNER , subject to approval by CONTRACTOR. Costs of the facilitator and facilities for the initial seminar and workshop will be paid by OWNER. Thereafter, all facilitator-related and facilities costs will be shared equally by OWNER and CONTRACTOR with no change in the Contract Price . Each party will pay all costs associated with the participation of its own personnel . 25 . 04 It is intended that the initial seminar and workshop sessions be followed by periodic half- day evaluation sessions approximately every 90 days as agreed to by OWNER and CONTRACTOR. 25 .05 A primary objective of the partnering process is to maximize the potential for resolution of disputes in a timely and non-adversarial manner. The use of alternative dispute resolution (ADR) methods will be encouraged in order to promote and maintain amicable working .. relationships among the parties. In the event that ADR procedures are unsuccessful , the dispute resolution provisions set forth in the Contract Documents will be employed . ,. 25 .06 These provisions express the intent and spirit of the partnering process , and nothing stated herein or in the partnering statement shall change in any way the rights , responsibilities, and obligations of the parties as set forth in the Contract Documents. The partnering statement a. will not be a part of the Contract Documents and will not modify any defense , claim , obligation , or right that otherwise exists . * * END OF SECTION dw M a r 0201 -00200 - Instructions to Bidders 00200 - 11 r F\Enain nNiCapilal GmjeM=01-001261ndian River Drive Sidewalk-Salve-NiahlarA OMe SM0201 Win River Drive 5o4 Sidmalk - UrM Does\0201 -00200- In4mcionsm SiMers.tloc Rev. M1 r SECTION 00300 - Bid Package Contents r THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 1W Public Entity Crimes Affidavit 00450 Sworn Statement on Disclosure of Relationships 00452 r Sworn Statement Under the Florida Trench Safety Act 00454 r General Information Required of Bidders 00456 List of Subcontractors 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID r s r r r r r * * END OF SECTION 0201 -00300 - Bid Package Contents 00300 1 _ F:1EngineeringlCapital Projects10201 -03128-Indian River Dnve Sidewalk-South-Highland Drive SM0201 Indian River Dnve SouU Sidewalk - Contract Docs0201 -W300 - Bid Package Contents.doc Rev. 05/01 r SECTION 00310 - Bid Form • PROJECT IDENTIFICATION : r Project Name : INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS County Project Number: 0201 .. Project Address: INDIAN RIVER DRIVE SOUTH , FROM SOUTH SEBASTIAN CITY LIMITS TO US HIGHWAY NO . 1 Project Description : INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS r THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 1840 25`h STREET VERO BEACH , FLORIDA 32960 1 .01 The undersigned Bidder proposes and agrees, if this Bid is accepted , to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents . r 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid r security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. r 3.01 In submitting this Bid , Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents , and the following Addenda, receipt of all which is hereby acknowledged . Addendum Date Addendum Number r r B. Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal , state and local Laws and Regulations that may affect cost, progress and performance of the Work. D . Bidder has carefully studied all : (1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to r existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions r as provided in paragraph 4. 06 of the General Conditions . E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) r all additional or supplementary examinations, investigations, explorations, tests , studies and 0201 -00310 - Bid Form 00310 - 1 r FdEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive Soi Sidewalk - Contract Docs10201 -00310 - Bid Fonn.doc Rev. 05/16/01 r data concerning conditions (surface , subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means , methods , techniques, sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods, techniques , sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations , investigations, explorations , tests, studies , or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. r G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. r H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents , and r all additional examinations , investigations, explorations, tests , studies , and data with the Bidding Documents . I . Bidder has given ENGINEER written notice of all conflicts , errors , ambiguities , or r discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J . The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted . r 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not dw directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] r r r r 0201 -00310 - Bid Farm 00310 - 2 i F]Engineenng\Capital Projects\0201 -03128-Intlian River Dnve Sidewalk-South.Highland Drive SWW201 Indian River Drive South Sdewalk - Contrail Docs10201 .00310 - Bid Fonn.doc Rev. 05118/01 ITEMIZED BID SCHEDULE r — PROJECT NAME : Indian River Drive Sidewalk South, IRC Projecss #0201 E L • � . TaXLslo / `i1/ 15�r � Gfi U✓1 - � i 1 MOBILIZATION r _ / 02 MAINTENANCE OF TRAFFIC LS r _ 11 3 IEROSION & WATER POLLUTION CONTROL LS 1 I / a�G17O / d l 000 . DC 3 . 1 STORMWATER POLLUTION PREVENTION PLAN LS 1 060 I 00`D 1 1 3 .2 NPDES PERMIT / 00�1 LS r 4 CLEARING & GRUBBING LS 5 GRADING EXCAVATION AND EMBANKMENT I LS r _ ' 6 AS-BUILT DRAWING SY REGISTERED SURVEYOR) LS 1 �v j 7 c> r _ / 6 TURNOUTS AND DRIVES CONCRETE (6" THICK) SY 941 / J a _ C 9 CONCRETE ENDWALLS (36" PIPE EA 1 r 10 ( CONCRETE ENDWALLS (46" X 7611) EA 1 / 0 ab t o Goo r 11 18" CONCRETE PIPE LF 6 14 136" CONCRETE PIPE �1 L.f a r LF 20 P/ /O� 17 REINFORCED CONCRETE PIPP CLASS III 48 " X76" LF 8 / 69. 7 3753 18 BITUMINOUS COATED CORRUGATED METAL PIPE12" LF 915 r 124 BITUMINOUS COATED CORRUGATED METAL PIPE42" LF J 48 r ^ 26 INLET STRUCTURE TYPE C) EA 2 r 27 INLET STRUCTURE (TYPE E) EA 1 yO'D a 31 MANHOLESTRUCTURE (MODIFIED TYPE J-7) Q �� 31 .1 MANHOLE STRUCTURE MODIFIED TYPE J-7 COST IN PLACE r EA 1 ITEMIZED BID SCHEDULE PROJECT NAME: Indian River Drive Sidewalk South, IRC Project #0201 BIDDER'S NAME SINS— NMIaux � CONCRETE SIDEWALK (6" THICK 8'WIDE) TOINCLUDE STABILIZED r' 32 SUBGRADE SY 3, 129 I I V ) r� 38 SOD (BAHIA) (INCLUDES TOP SOIL, FERTILIZER AND WATERING) SY 5,811 •�c1� ' 37 SOD ST. AUGUSTINE) ONCLUDES TOP SOIL. FERTILIZER AND WATERING SY 7358 / / O 39 ( MAILBOX RELOCATION LS , " � r' � r 200 WATER VALVE 80X ADJUSTMENT EA 11 r ' 202 WATER METER RELOCATION EA 20 ! D f 0 � r ' 210 SEWER VALVE BOX ADJUSTMENT & PIPE FROM LIF; STATIONEA 4 000 / 000 r 30D PAYMENT BOND LS 1 poo' 301 PERFORMANCE BOND LS 1 7000 r INDIAN RIVER DRIVE SIDEWALK SOUTH TOTAL LS = Lump Sum LF = Linear Foot EA = Each SY = Square Yard r PROJECT NAME : INDIAN RIVER DRIVE SIDEWALK SCUTH , IRC Project # 0201 BIDDER'S NAME: L— 14 �M yln&Q � Cier TOTAL ESTIMATE AMOUNT : $ 4b. 3 44. 1 . 39 TOTAL ESTIMATE AMOUNT ( IN WORDS ) ; Ifn� , iTrrn it rP c� 5 ' ( / Th r"e e �7o) )c H-Ur\ n�red 5 ( One One �iill � ( S � riiar Ir JN L� yIP f ? v( � r r r r r .. t 00310-4 - i 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the .a I price(s) contained in the Bid Schedule : A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . B . The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C . Bidder acknowledges that estimated quantities are not guaranteed , and are solely for the purpose of comparison of Bids , and final payment for all Unit Price Bid items will be based on actual quantities provided . The quantities actually required to complete the contract - I and work may be less or more than so estimated , and , if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. - I D . Unit Prices have been computed in accordance with paragraph 11 . 03 . B of the General Conditions . 6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14 . 07 . B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. " 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified , which shall be stated in the iAgreement. 7 . 01 The following documents are attached to and made a condition of this Bid : . I A. Required Bid security in the form of i IiA 6VA1 B. A tabulation of Subcontractors , Suppliers [and other] individuals and entities required to be identified in this Bid ; C. Statement of Public Entity Crimes; D . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships; - I E . Sworn Statement Under the Florida Trench Safety Act; F . General Information Required of Bidders; G . List of Subcontractors; and - H . (List other documents as pertinent) . 8 .01 The terms used in this Bid with initial capital letters have the meanings indicated in �. the Instructions to Bidders, the General Conditions , and the Supplementary Conditions. - 0201 -00310 - Bid Form - 00310 - 6 R\EngineennglCapilsl Prgects102014)3128-Indian River Drive SidevialkSouth-Highland Drive SM0201 Indian River Drive Scum Sidewalk - Contract Dors10201 -0D310 - Bid Fonn.doc Rev. 05101 SUBMITTED on !fie- fV hese i120W State Contractor License No. If Bidder is: An Individual Name (typed or printed ): BY: (SEAL) (Individual's signature) Doing business as : ., Business address : Phone No . : FAX No. : i A Partnership Partnership Name : (SEAL) i By: (Signature of general partner -- attach evidence of authority to sign) i Name (typed or printed): • Business address : Phone No . : FAX No. : A Corporation Corporation Name: I L1- tinu r Czyp (SEAL) State of Incorporation: hl uric C - Type (Gerrr Business , Professional, Service, Limited Liability): G e69e (6 C CY4nc: o r By: I (Signa a -- attach evidence of aut * to sign) Name (typed or printed) : _ I O- Lj ( -tI 1C 1 - Ta ,n- r V I/- I r . Title: P(gsJ L ,7 , 6 - (CORPORATE SEAL) Attest (Signature of C orara te Secretary) Business address : � 300 /4w( L) c(o A . , /IClbourrne , iIE-- L 3- y3S ,. Phone No . : FAX No . : 3a f - AS9 - SUO (� Date of Qualification to do business is i 0201 -00310 - Bid Forth 00310 - 7 i F9Engineennglcapial PmjectsW201-03128-Indian River Drive Sidewalk-5oulh-Higniand Drive S1M0201 Indian (liver Dnve South Sidewalk - Contract Doa\0201 -00310 - &d Form.doc Rev. 05101 A Joint Venture .. Joint Venture Name: (SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed ) : Title: Business address : s Phone No. : FAX No. : Joint Venture Name: (SEAL) By: .. (Signature — attach evidence of authority to sign) Name (typed or printed ) : Title: Business address: Phone No. : FAX No . : Phone and FAX Number, and Address for receipt of official communications : (Each joint venturor must sign. The manner of signing for each individual , partnership , and corporation that is a , parry to the joint venture should be in the manner indicated above . ) r i r * * END OF SECTION 0201 -00310 - Bid Form s 00310 . 8 F3Engineenri lCeplbl Pmeds\0201-03128-Indian FSver Dnve Sidewalk-South-Highland Drive S1M0201 Indian River Dnve Smth Sidewalk - Conti-act DOM\0201 -00310 - Bid Fonn.doc Rev. 051M LH Tanner Construction Corporation 2300 Avocado Ave . Telephone (321 ) 259-8099 Melbourne, FL 32935 Fax (321 ) 259-5006 i CGC 1511228 a CERTIFICATE i STATE OF FLORIDA ) ss COUNTY OF BREVARD) I HEREBY CERTIFY that a meeting of the Board of Directors of L.H. Tanner 4+ Construction, Corporation, a corporation under the laws of the State of Florida, held on December 11 , 2006, the following resolution was duly passed and adopted : i "RESOLVED , that Lawrence Henry Tanner, Jr., as President of the corporation, be is hereby authorized to execute the Contract dated December 13 , 2006, between INDIAN RIVER COUNTY, FLORIDA, and this corporation, and that the execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation. " i I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 13`h day of December, 2006. ecretar i i i i i i LH Tanner Construction Corporation i 2300 Avocado Ave. Telephone (321 ) 259-8099 Melbourne, FL 32935 Fax (321 ) 259-5006 CGC1511228 i December 13 , 2006 Dear Indian River County: i No person or affiliates that we have involved with this project, Indian River South Sidewalk Improvements, are on the convicted vendor list. M S1I1( CCly,so J �- Holly T r OW worn to and subscribed before me this 3`1 day of l 2006 by S 111 mho is personally known to in id' e an oa i Notary Signature My Commission Expires 8 i '� TAMMY BRADY MY COMMISSION ,+` OD 270@63 EXPIRES: May 6, 2007 L9apgNOTARY FL Notary DixauntAxoc. Co. i i i SECTION 00430 - Bid Bond IMP KNOW ALL MEN BY THESE PRESENTS, that we LMtDDER'S NAME) w L . H . Tanner Construction Corporation-- and Developers Suretv and Indemnity Comnanv as I (SURETY•SNAME) a corporation duly organized under the Laws of the State of Florida as a Surety with itrr principal offices in the City of Irvine and authorized to do business in the State of Florida, are held all and firmly bound unto INDIAN RIVER COUNTY (hereinafter called the OWNER) in the penal sum of Five percent of amount bid= ----------- Dollars ($ -- 5 x ------ ), lawful money of the United States, amounting to 5% of the total bid price, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, "' and successors, jointly and severally, firmly by these presents, Whereas said Principal is herewith submitting a Bid dated December 13 , 20 06 • for the an construction of Project Name: MIAN RIVER DRIVE SOUTH SMEWAIM I16PROVEMENT'S MIN County Project Number: 9201 so Pra)ect Addres9: lNDLSN RIVER DRIVE SOUTH FROM SOUTH SEBASTIAN C1TY LIMITS TO US IWHWAY NO. 1. AMP Project Description: DOMNRIVERDIRiVESOUTHSIDEWALK DAMOVEMENTS NOW THEREFORE, the condition of the above obligation is such that if the Principal does not withdraw dIVI said Bid within the period of time set forth in the Bid Documents, and on or before the fifteenth day after the Notice of Award, the Principal enters into a written contract with the OWNER in accordance with the Bid as aocepted, and if the Principal gives the required bonds with good and sufficient sureties for the faithfal performance and proper fulfillment of such Contract and for the protection of laborers and materialmen, then this obligation shall be null and void Otherwise, the Principal and Surety, jointly and severally, shall on or before the sixtieth day after request by the OWNER, pay to the OWNER in moncy, ... . the difference between the amount specified in said Bid and the amount for which the OWNER may procure the required work if the latter amount is greater than the former, together with any expense and . reasonable attorney fees, including appellate proceedings, incurred by the .OV NER if suit is brought hereon, but in no event shall Surety' s liability exceed the penal sum hereof plus such expenses and attorney's fees. AND IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 13thday of December , Zp 06 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to GO authority of its governing body. 0201 -00430 - Bid Bond 00430 - 1 �161p1aadrqLapNd PiOJeds10201•DStz&Indian Rlwr DmNyOc .alhdoulr,•F4prdand Dnw AW10201 Indian Riral Drlw sOUln sltlawalk • CVXVVA DOW0201 -0DC50 • cid Marld.000 Rw. HIM s r !V##k #YYMlPVlPYikYfl +� P# ;# # rtYVPwwrt # iVVYtwPMw.rN # #YVVYVYw +# V4k �krtVVVV# Y ##rtrtPYV# Y# ##rPY #YVV r HEN TAE PRINCIPAL IS AN INDIVIDUAL : . Signed, sealed and delivered in the presence of-, Witness Signature of Individual r - Address Printed Name of Individual + Witness �. Address !M !# # Y# !#rtV # # kkRV #MV # # #! lPFP ## # # # lWPPVMkk !# YilWVVP# # # tMVWV V# # ## 4VtW # VV # t # t# V# VYVV # # N r WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NANM: _ Signed, sealed and delivered in the presence of: Witness Name of Parhnership r BY: Address Partner Printed Name of Partner r Witness (SEAT,) r Address !#Prt! ! lYPkYPi+FIMWP #Pk �trMYVPNMY#IYMYYt ## # Y # rFYW} MM# kYkMIMW #### # V�FMPY#Vrk # # lPPM4V#�k # VYVPM WHEN THE PRINCIPAL LS A PARTNERSHIP: Signed, sealed and delivered in the presence of Witness Name of Partnership r BY: Address Partner r Printed Name of Parmer Witness (SEAL) Address r ' 0201 -00430 - Bld Bond 00420 - 2 FARf4f*M00C4P1bb1 PFCOMU201-MMIndlan PW DdW eldwA1N-5"-"pnwi9 DIM BYA0201 mmol RS r Ddv4 SMIh Ods"M . CdM?h& Dbml=1 •00490 - BId Donaarz 0.w. Owl . r s 7RMIk74ii7MMiikMi4wk# i4ii +iY74iiki44#kik4M47kk747RR #177wii + + Rwr+ k + 4rrRk+ wwrti# YYi7w+# AW VMN THE PRINCIPAL I3 A CORPORATION: Attest: r v Secretary Name of Corporation L . H . /Tanner Construction ' Corporation BY;^lo ((�f� (Affix Corporate SEAL) r ) Printed Name j,QWfcVIc.2 1 - ( O rine / J r . r Official Title Pert S j Ott rc _ . ., CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the within bond; that Uwv 1w.e IwoW-1 , who signed the said bond on behalf of the Principal was then 0 e) idL.a'i - a of said corporation : that I know his signature, and his signature thereto is genuine; and that said Bond was duly signed, sealed and attested for and on behaV of Said corporation by authority of Its governing body. Secretary j� � � L_ (SEAT.) YMRRIY47rRY+71kkM7RRkM77rik74wRiYi7MRRliwwwl# Ilrrt + wY4i7RRkaYWwR#MY7rRR444Wikb7W7kV447 TO HE EXECUTED BY CORPORATE SURETY: Attest: As per attached power of attorney r Secretary Corporate Surety Developers Surety and Indemnity Company 9725 an I Business AddWIn192623 BY: Ilk ate SEAL) Jason Katzfact (Attach Power of Attorney) Attorney-In-Fact Jason Katz , Name of Local Agency Nielson , Rosenhaus & Associates .. Business Address 4000 S . 57th Avenue , Ste , 201 Lake Worth , FL 33463 r 0201 -00430 . Bid Bond 00430 . 3 R;IE�:AnNAOQA`.epltdl "ecb=I -M128•IRden RIM Ddu 51doAWk•8OLdh-R phund OMe 8VAM1 1rAh� Rlwa Odra SOUK 6ldrwi4 • Cadnd Oam10t01 •90490 - Did amdAn PW. ONDI r STATE OF FLORIDA COUNTY OF, i 'MIAN RIVER Before me a Notary Public,, duly commissioned, qualified and acting, personally appeared Salon Katz to me well lmown, who being by me first duly sworn upon oath, says that he is She attorney in-fact for theDevelo ers surety and d t e has been authorized by to execute the foregoing bond on beha o t eO�LTOR named therein in lorida. Subscribed and sworn favor of the County of Indian River, Fto before me this 13th day of December20 06 Notary Public, SU ' 1p ;, Fj *1inda Rosenhaus C0mm1ss1on # DD376818 My Commission Expires: '>• A-4 Upirls; DEC, 05, 2008 � ' f' or F`d``, WWW.AA RON N OTAjY,c•oD • + arr+«.r WrrM � sFrw* r0rrtrr � r�� rrrww+ sr ► ar4w � r• . ra «� w+ rv�� rrkr ** rr + r * 4r . dwrr � rrws w Any claims under this bond shall be addressed to : Name and address of Surety: Developers Surety and Indemnity Company P . O . Box 19725 , .� Irvine , CA 19725 Nems and address of agent or representative in Florida if different from above: Nielson , Rosenhaus & Associates 4000 S , 57th Avenue , Ste . 201 Lake Worth , FL 33463 .■ Telephone number of Surety and432 - 550 agent or representative in Florida: (561�� + + END OF SECTION + + 0201 -OD43D - 31d Bond 00430 . 4 O:IEnpIMMnplCepl41 PigWe102Dn.OD12o•hd�m (ever Dltve 6lao w�kSwlh-H�ptiand Mw 5YlgT01 LAMM wve Ddva South MdItMIk - ConUab DUMM01 -00650 - toot r. kwd.doe Rev. DEMI _ POWER OFATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 - www.InscmDico.com i KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint * * * Charles J . Nielson, Warren M . Alter, Charles D . Nielson , Brett M . Rosenhaus, Kevin R . Wojtowicz, Laura ' Mosholder, Jason Katz, jointly or severally*** i as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attorney(s)-in- Fact, pursuant to these presmis, are hereby ratified and confirmed i This Power ofAttom eY is granted and is signed by facsimile codec and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 11 2000: RESOLVED, that the Chairman of the Board the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute i Powers ofAttomey, qualifying the Attorneys)-in-Fact named in the Powers ofAttomey to execute, cm behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; i RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power ofAttomey or many certificate relating thereto by facsimile, and any such Power ofAttomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking w contract of suretyship to which itis attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President i and attested by its Secretary this 1st day of December, 2005. i AND 11% By: .'yJQ;GOPPORq fFF,yy David H. Rhodes, Executive Vice-President '� =• 1936 By a Walter A. Crowell, Secretary •• •' i STATE OF CALIFORNIA r COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their aufhoriad capacity(ies), and that by his/herltheir signature(s) on the instrument the pers m(s), or the entity upon behalf ofwhich the person(s) acted, executed We instrument. WITNESS my hand and official seal. i GINA L. GARNER COMM. # 1569561 - �ss7 Signature (SEAL) NOTANYPUBLIC CALIFORWA j • ORANGE COUNTY . 4 CERTIFICATE .041r" 41 ren May 73. 2009 NYeornm. M1 The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY, does herby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the proviaons of the resolution of the respective Boards of Directors of said corporation set forth in the Power ofAttomey, is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the '_Ay of i i By Albert Hillebrand, Assistant Secretary r SECTION 00450 - PUBLIC ENTITY CRIMES r 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, r 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 , AV 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 . i r • * * END OF SECTION s i r r r r 0201 -00450 - Public Entity Crimes Statement 00450 - 1 r F9Engineering\Capital ProjeobA0201-0312E-1ndian River Drive Sidewalk-South-Highland Dnve SW\0201 Indian River Drive South Sidewalk - Contract Docs10201 -00450 - Public Entity Crimes Statement.doc i BMW To : Holly Tanner Fm : Onvia . com Inc 10 : 09 12 /05/06 PG 002 i xxxxxxxxxxxxxThis Addendum MUST be returned with your Bid * * * * * * * * * * * * * * OW All Bids must be mailed to the Purchasing Division office located at 1840 25`' Street or hand delivered to 2525 St. Lucie Ave . , Vero Beach, FL 32960 Prior to the Date and Time shown above . Late bids will be returned unopened . Company Name i I Name : L4.uA'fj1e'V 1 6L- (Type n / 7{' Title : ! 1' C GSM (Type i Panted Authorized Signature : G' ' ° Date : ID - S- 06 Telephone : 3a { - c? S 9D Fax : 3a 1 - a S j - SOO {o i i i i i i i i i i CAW INN T%aFsdxlneumpk0324ASQ677678 DOC r r SECTION 00452 - Sworn Statement under Sect. 105.08 Indian River County Code on Disclosure of Relationships THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . r This sworn statement is submitted with Bid , Proposal or Contract No . 3, 00 2 0X7f0r INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS 1 . This sworn statement is submitted by: � Q f l4 ix1S ` fiun r� nn (Name of entitt�v�su�bmitting sworn statement) whose business address is : � 3C' U /�v'UC :� C� o f M nuZ r f � -I � rnc- � L 3 :r1BS and (if applicable) its Federal Employer Identification Number (FEIN) is `1 - _7L-f0Fl2 ( If the entity has no FEIN , include the Social Security Number of the individual signing this r sworn statement — ) 2 . My name is (Please print name of Ind viduaI sig ng) and my relationship to the entity named above is (� C" t c70 YI � r 3. 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code , means: The term "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4 . 1 understand that the relationship with a County Commissioner or County employee that ® must be disclosed is as follows : Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, daughter-in-law, son-in -law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. MIN 5 . Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement r applies .] Neither the entity submitting this sworn statement, nor any officers , directors , r 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 . AIN _ 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: r r 0201 -00452 - Disclosure of Relationships 00452 - 1 Rive` Dnve Sidewalk-South-Highland Drive SWt0201 Indian River Drive scum Sidewalk - contractDas10201 •00652 - i r Name of Affiliate Name of County Relationship or Enti Commissioner or em to ee 1 . 2 • 3 . 4 . 5 . 6 . i7 . S . r L� signature) (date) r STATE OF 0 ✓ d0. i COUNTY OF — �3 ( tc? uck/1 Personally appeared before me , the undersigned authority, who after first being sworn by me , affixed his/her signature in the space provided above on this r l a4`' day of ern (aQ t' 20 0,1'v . i ary P ' -3 at I TAMMY BRADY My Commission Ex l fres: MvcoMrmsslor+ r ooz,Deaa EXPIRES: May e, 2007 °� 1-b00 t-1DY�v RLP�M3 �,R �aacc.Ca. i i i i Mill * * END OF SECTION 0201 -00452 - Disclosure of Relationships r 00452 - 2 FAEnglneenngZapW Prgects\0201-0312B-Indian River Dnve Sidewalk-South-Highland Drive SM0201 Indan River Drive South Sidewalk - Contract DOtsW201 -00452 - NaHrwiire_ M keaBonshim.doc Rev. OS'01 r r SECTION 00454 - Sworn Statement Under the Florida Trench Safety Act THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER") , OR ITS AUTHORIZED • REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS . 1 . This Sworn Statement is submitted with Project No. 0201 for INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS (Name of Project) 2 . This Sworn Statement is submitted by 1 Ctrtvty r c. _ �, D e rA 6 ") K\ (Legal Name of Entity Submitting Sworn Statement) hereinafter IfBIDDER" . The BIDDER's address is x300 Ay � C , oAp AUe_ r ft', -e- ADD I �7L �3a 9 3 9 - BIDDER s Federal Employer Identification Number ( FEW) is _.SJ - 39 -? y o so r 3 . My name is LaLu ( Lnu- -TCUAAf r Tr . and my relationship to the BIDDER (Pnnt, Name of Individual Signing) is eSI itis (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. .� 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act, Section 553. 60 et sep Florida Statutes and refer to the applicable Florida Statue(s) and/or OSHA Regulation (s) and include the "effective date" in the citation(s) . Reference to and compliance with the applicable Florida Statute (s) and OSHA Regulation(s) is the complete and sole responsibility of the BIDDER . Such reference will not be checked by OWNER or ENGINEER and they shall r have no responsibility to review or check the BIDDER 's compliance with the Trench Safety Standards . 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6 . The BIDDER has allocated and included in its bid the total amount of $ I DOD . 00 based on the linear feet of trench to be excavated over five (5) feet deep, for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method(s) of compliance on this Project: - itoDo , ot) _ 5 : nc_t.uet;- � r ( evtt na- i r In r� w� L' F ( fatn b � Ux jl ) NIkL. j � Sr rill 5 — t{ S — � r The determination of the appropriate method (s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . r r r 00454 - 1 0201 -00454 - Florida Trench Safety Act FAEngineeringlCaplou Pr01ectSW201-03128-Intlian River Drive Sitlev,alk-South-Highiancl Drive SW10201 Indian River Drive South Sidewalk - Contract DoMQ201 -00454 - Flunda Trench Safely Act,doa Rev. ovol r , r 7. The BIDDER has allocated and included in its bid the total amount of $ based on the square feet of shoring to be used for compliance with s ring safety requirements and intends to comply with said shoring requirements by instituting the NO following specific method (s) of compliance on this Project: r r The determination of the appropriate method (s) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards . 8 . The BIDDER, in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that, r based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliancewi the applica� e� Safety r Standards in designing the trench safety system ( ) f the roje BIDDER/ I ' By: 1,4 k)( P t'l02- n � a VUK0 7r . r Position or Title : PAPS I Cb V2 _ Date : :If? ryyl>c r 13 , c� 0 D & STATE OF El o l J COUNTY OF Ky/ e dei v�A Personally appeared before me , the undersigned authority , Ldwnznu (-{ - Cerner J r . who after first being sworn by fixed his/her signature in the space provided above on this r 134-'1 day of b-42 otary Pu State at large DY M Commission Ex Ife ' TAMMY BRADY I) My p MY COMMISSION * OD 21 D683 EXPIRES: May 8, 2007 r - 1800-3NOTARY FL Notary Glacount /woe. Oo. * * END OF SECTION r r 0201 -00454 - Florida Trench Safety Act r 00454 - 2 F:1EnglneringVCapital Projecls10201-03128-Indian River 00ve Sidevialk-Scup-Highland Drive SYA0201 Indian River Drive South Sidevialk - CONract D=`,0201 .00454 - Florida Trench Safety Act.doc Rev. 05101 SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE : THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON- ' RESPONSIBLE BIDDERS . AID UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained . Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 0201 Project Name : INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS s 1 . Bidder's Name / Address : c r Cc„I54-,-u c{-�,n `D • p ,q3A-% r-j3rir fkuz (� tP1t — Tir ,10 2. Bidder's Telephone & FAX Numbers : Ph 1ij- ; ,z i - A, S q - O�i t 3X J3t - ,2S7 - SUO (� 3. Licensing and Corporate Status : a . Is Contractor License current? b . . Bidder's Contractor License No : ( G C ! S I i a 3 [Attach a copy of Contractor's License to the bid] c. ✓Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers . 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 4 5 . What is the last project OF THIS NATURE that the firm has completed? � t1a✓csitle Pu:vic.. i'le.ie�-i � t) t-{ �v✓lic �..2 fi ; ls�.�}i. 6 . Has the firm ever failed to complete work awarded to you? N o [If your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7 . Has the firm ever been assessed liquidated damages? N o [if your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number a for each project in which liquidated damages have been assessed .] r MIN 0201 -00456 - Qualifications Questionnaire 00456 - i F.1EnglnaenngSCapiLtl ProjeCs1020L03126-Intlian River Drive Side lk-South-Mghland Drive SM0201 Indian River Dnve South Sidewalk - Conumt D=W201 -00456 - (l;alifirwlinne w.... 0.,.. ngmA + 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? N 0 i [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number + for each project in which OSHA violations were alleged .] 9 . Has the firm ever been charged with noncompliance of any public policy or rules? + NO [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number i for each project.] 10 . Attach to this questionnaire , a notarized financial statemented other information that documents the firm' s financial strength and history . q-1+4c 11 . Has the firm ever defaulted on any of its projects? Ng i [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owner's telephone number +. for each project in which a default occurred.] 12 . Attach a separate page to this questionnaire that summarizes the firm's current ,. workload and that demonstrates its ability to meet the project schedule . Y 13 . Name of person who inspected the site of the proposed work for the firm : i Name : LU W (e 1RC4 CA_ Ij s ` Jy Date of Inspections : _ 14 . Name of on-site Project Foreman : 'D0-V\ L � P e41e Number of years of experience with similar projects as a Project Foreman: 3 15. Name of Project Manager. L�t� ' (e 41C� , Y . Number of years of experience with similar projects as a Project Manager: _ 16 . What is the firm 's bonding capacity? t u�a� z oD aoo oa s [The remainder of this page was left blank intentionally] i i i a 0201 -00456 - Qualifications Questionnaire + 00456 - 2 F.Tngineering\Capital Proiects10201•IY3126-Indian River Drive Sidevvalk-South-Highland DOW SM11201 Indian River Drive South Sidewalk - Contract D=\0201 -00456 - . Dualif¢s0ons Questionneire.doc Rev. 05101 16. Complete the following table for SIMILAR projects: Date Contact Person : Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount fillstv" frit, SrQelnYecl lith ' hJaAq 1� pit t X14 .530 OW at 00 a krlk 11gz✓ , f i✓k1 fit" teow4 tuft � � p4kk � : rztcu�t, ,. 3Z -70u . 00 32 -7DLJ , OC) W ;tki�4vn � Uu�iwa11 li4h (fir ✓� �lG � i \ t � VArc.4- y 8L 3385 h 37 i — (vl t •_ 7u Z lkc rwtal� wa Cal r o ✓ z caL)it " vvia.(- ) 44cb gol32 , ( 0 — ,6V _ s1d .e. piw✓t-, "utt oy ' otl5 zoola �UWN a tM Al o ✓ a4li kc&vnt4c b vl 30 O . oo ;u 4 H vrita ae I21 s4b✓� 1;✓ys Shote 32, 1 - L4L - 4S—S � Skovcsi6U Owk� 6q /2003 1D `d4 fo 6e` ( M (Ytuycr C" I trhi. u ✓tnc 15SOoo , C)o 5kvt \> 32k - " L -Circ � c D6yyofnay� Tj[ u� nL a7 �µ �r 6Ji 4 1� (hv1.avA ixk Ufft4 , P jz2do0o , 00 drei*ta e vti (. �� - f us ST S(DI - .S -71 -61 t S!aK4V61R4V%Sw ✓ S( � p ( ��oL � v t ✓ in*\t44 & 6'\ 5' -tio �v 3X7000 , 00 3att4 Avcw+2 R✓k- 02 � 2ao L CI + y �� ((Svu^ �- Takh (, #t( 10L 137 IIS-D , DO 0201 -00456 - Qualifications Questionnaire 00456 - 6 FAEoglneedngRlaphal Wojects\0201-03128-Indian River Drive Sidewalk-Soulh-Kghl■■and Odve SW W201 Indian River Drive South Sidewalk - Contract DOCS\0201 00456 - qualifications Ouestionnaire.doc Rev. 05/01 ■ ■ 1 � 1 � i 1 1 1 � , 1 � 1 ■ 1 [NOTE: If requested by the County, the Bidder shall furnish references, her in ation, sufficiently comprehensive to permit an appraisal of its abilities as co ac ] By: �< i (Signature ) Pfe5i a-t (Position or Title) � 2Ii3 � 2co4 ( Date) * * END OF SECTION i r i i i i i i i r i 0201 -00456 - Quaiifcations Questionnaire 00456 - 4 FAEngir eeringkCapital Projects10201-03128-Indian River Drive Sidewalk-South-Highland Dme SM0201 Indian River Drive South Sidewalk - Contract 0acaW201 -00456 - r SECTION 00458 - List of Subcontractors r The Bidder SHALL list below the name and address of each Subcontractor who will perform r work under this Contract in excess of one-half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. +r Documentation Submitted with Project No. 0201 for INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS Work to be Performed Subcontractor's Name/Address '�rve Roc -L-11 Skxrveys 1 . I .l1� wp� (A aS' hV 1. Nes5eLl AAAeS� ie S alm � �I L �I ve 3 Sod J " 2. SC�� � + 5� 31 � � �io + � co3 ?a n „�i� n Rd ai- y� 3. r 4. r 5. 6 . r 7. r 8. 9 . r 10. 11 . 12. alit 13. 14 . r 15 . r 16 . 17. r Note: Attach additional sheets if required . END OF SECTION 4111111! 00458 - 1 0201 -00458 - List of Subcontractors FAEngineeringlCapilal Project+0201-03i 28-Indian River Dnve Sidewalk-South-Nlgnand Drive SW)D201 Indian River Dnve South Sidewalk - Conrad Das`A201 -00458 - List of Subcontrarfnra dew Rav 0sni BOARD OF COUNTY COMMISSIONERS r _ r January 10, 2007 VIA OVERNIGHT DELIVERY Mr. Lawrence H. Tanner, Jr. 2300 Avocado Ave. Melbourne, FL 32935 321 -259-8099 NOTICE OF AWARD r Reference: Indian River County Bid # 2007027 Indian River Drive South Sidewalk Improvements Dear Mr. Tanner, r I am pleased to inform you that on January 9, 2007 , the Board of County Commissioners awarded the above referenced project to your company. The following documents are required before the applicable County r department can issue a "Notice to Proceed" letter. 1 . Performance Bond in the amount of 125 % of the contract amount. ($579,326.74) 2. Payment Bond in the amount of 100 % of the contract amount. ($463 ,461 .39) r 3 . Certificate of Insurance. must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation. r In accordance with section 255 .05 ( 1 )(a), Florida Statutes, you are required to execute a Performance Bond and a Payment Bond for the above referenced project. Please submit the Bonds and the Certificate of Insurance to r this office at the address provided below no later than (January 24, 2007). Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. In addition, enclosed are two copies of the Agreement. Please execute both copies and return them together with the required bonds and Certificate of Insurance to me. Thank you for your prompt attention and if you have any questions , please do not hesitate to contact our office. ,. Sinc ely, r Jerry Davi , Purchasing Manager cc : Jill Williams, Public Works Department r r General Services Department • Purchasing Division 1840 25°h Street, Vero Beach, Florida 32960•(772) 567-8000 Ext. 1416•Fax: (772) 770-5140 E-mail: purchasing @iregov.com r r LH Tanner Construction Corporation r 2300 Avocado Ave. Telephone (321 ) 259-8099 r Melboame, FL 3 293 5 Fax (321 ) 259-5006 CGC 1511228 r CERTIFICATE r STATE OF FLORIDA ) r SS COUNTY OF BREVARD) I HEREBY CERTIFY that a meeting of the Board of Directors of L .H. Tanner Construction, Corporation, a corporation under the laws of the State of Florida, held on r December 11 , 2006, the following resolution was duly passed and adopted: "RESOLVED, that Lawrence Henry Tanner, Jr. , as President of the corporation, be is r hereby authorized to execute the Contract dated December 13, 2006, between INDIAN RIVER COUNTY, FLORIDA, and this corporation, and that the execution thereof, attested by the r Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 13`h day of December, 2006 . SecretarYj r r r STATE OF FLORID " i - ' ttIDEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION t1f1CONS940TNORTHOMONROESSTREETLICENSING BOARD ( 850 ) 487 - 1395 i TALLAHASSEE FL 32399 - 0783 r i TANNER , LAWRENCE HENRY JR L H TANNER CONSTRUCTION CORPORATION 2300 AVOCADO AVE r MELBOURNE FL 32935 - 3802 r r STATE OF FLORIDA AC# C b 2 f r DEPARTMENT OF BUSINESS AND _ PROFESSIONAL REGULATION CGC1511228 05 / 11 / 06 05064182 CERTIFIED GENERAL CONTRACTOR TANNER , LAWRENCE HENRY JR r L H TANNER CONSTRUCTION CORPORA r IS CERTIFIED under the provieioae of Ch . 489 aspiration date : AUG 31r 2008 L0605110009 r i r DETACH HERE AC# 2582772 STATE OF FLORIDA i ' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L060511000 LICENSE NBR ' OS 11_/ 20061050641828 CGC1511228 The GENERAL CONTRACTOR . Named below IS CERTIFIED Under the provisions of Chapter 489 FS . Expiration date : AUG 31 , 2008 i ' I TANNER , LAWRENCE HENRY JR L H TANNER CONSTRUCTION CORPORATION ri 2300 AVOCADO AVE MELBOURNE FL 32935 - 3802 JEB BUSH SIMONE MARSTILLER GOVERNOR nicci Ay Ac RFn1 iIRFn av I Aw SECRETARY ACORD05/23/2006 CERTIFICA' ; OF LIABILITY INSURA . CE °ATE (MNu°° " "° PRODUCER (407) 886- 3301 FAX (407) 886- 9530 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GENTRY INSURANCE AGENCY , INC . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17S East Main Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 2046 APOPKA , FL 32704 - 2046 - INSURERS AFFORDING COVERAGE NAIC # INSURED LH Tanner Construction CorpNSURER A: do P Owners Insurance Company 132700 2300 Avacado Ave . , Ste . D INSURERS: Auto- Owners Ins Co 18988 Melbourne , FL 32935 INSURER C: INSURER D: # INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR to MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :11csR 11,001 LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE (MMIDDffYt LIMITS GENERA- LIABILITY 20589796 - 05 07/18/2005 07/18/2006 EACHOCGURRENCE $ 1 , 000 , 0( X' COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurence $ SO , O( CLAIMS MADE a OCCUR MED EXP (Any one per on) $ 5 , O( A PERSONAL S ADV INJURY $ 1700090( r GENERALAGGREGATE 3 211000 , 0( FGEN'L� GGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ICY IRO LOC 2 , 000 , 0( AUTOMOBILE LIABILITY 4240576300 07/18/2005 07/18/2006 rrI X ANY AUTO (ECOMBINED SINGLE LIMIT $ Ea accident) 1900010 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY I X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ i - (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO AUTO ONLY: EA ADD $ AUTO ONLY: qGG S 4111111 EXCESS/UMBRELLA LIABILITY 4656286700 11/01/2005 11/01/2006 EACH OCCURRENCE s 3 , 00090( ,�( OCCUR CLAIMS MADE 7 AGGREGATE s 3900090( B $ i DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 20680822 03/15/2006 07/18/2006 XTORY LIMITS X ER ANY EMPLOYERS' LIABILITY r B OFF CERIMEE ER EXCLUDED? ECUTIVE E.L. EACH ACCIDENT $ 1 , 000 , OI yes, C ander E.L. DISEASE - EA EMPLOYE $ 1100010 SPECIAL PROVISIONS OeIow E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 0( OTHER + i DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ertificate Holder is named as Additional insured with regard to General Liability . s ° 10 day notice of cancellation applies to nonpay . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE +� EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Indian River County BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY _ 1840 2 5th Street OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES, Vero Beach , FL 32960 AUTHORIZED REPRESENTATIVE Debra Liebknecbt HEATHS c ` d ^ ACORD 25 (2001108) FAX : ( 772 ) 778 -9391 ©ACORD CORPORATION 19 Division of Corporations Page 1 of 2 r Untine k. orporations a Florida Profit L.H. TANNER CONSTRUCTION CORPORATION i PRINCIPAL ADDRESS ' 2300 AVOCADO AVE. MELBOURNE FL 32935 US Changed 03/ 13 /2005 a MAILING ADDRESS ' 2300 AVOCADO AVE . MELBOURNE FL 32935 US Changed 03/ 13/2005 a Document Number FEI Number Date Filed • P97000089809 593474080 10/20/ 1997 State Status Effective Date FL ACTIVE NONE a Last Event Event Date Filed Event Effective Date AMENDMENT 03 /31 /2006 NONE Registered Agent Name & Address TANNER, LAWRENCE H PRES. i 2300 AVOCADO AVE. MELBOURNE FL 32935 Name Changed: 01 /30/2004 Address Changed: 03/1312005 i Officer/Director Detail Name & Address Title TANNER, LAWRENCE H 2300 AVOCADO AVE. PRES MELBOURNE FL 32935 a TANNER, HOLLY STALL Vp 2300 AVOCADO AVE. IF a httD ://www.sunbiz.oriz/scripts/cordet. exe?al =DETFIL&nl —P97000099RO9k.n?=NAMF - - 12/ 11 /2 ()116, Division of Corporations Page 2 of 2 r r Il MELBOURNE FL 32935 US lu' Annual Reports Report Year Filed Date i 2005 03113,2005 2005 08./3112005 2006 02.20.2006 r Previous Filing Return to List Next Filing View Events No Name History Information r Document Images Listed below are the images available for this filing. 03/31 /2006 -- Amendment 02/20/2006 -- ANNUAL REPORT 09/06/2005 -- Amendment 08/31 /2005 -- ANNUAL REPORT 03/13/2005 -- ANNUAL REPORT i 04/29/2004 -- Amendment 01 /30/2004 -- ANNUAL REPORT r 05/05/2003 -- ANN REP/UNIFORM BUS REP 05/09/2002 -- COR - ANN REP/UNIFORM BUS REP 08/02/2001 -- ANN REP/UNIFORM BUS REP r 05/19/2000 -- ANN REP/UNIFORM BUS REP 04/06/1999 -- ANNUAL REPORT 02/05/ 1998 -- ANNUAL REPORT i THIS IS NOT OFFICIAL RECORD ; SEE DOCUMENTS IF QUESTION OR CONFLICT r i r i hffn - fluninir ciml ;7nro/crr ; ntc /rnrd Pt PVP9n I =T )FTFTT ..Cn 1 =PQ70()00 RQR AQ)&. 7=ATA WTi 17 /11 r' nn4 r MASTER JOB SCHEDULE of 9 o 9 of 15 o q L.H. Tanner Construction 15 m C? N N � I r ID Task Start Date End Date Duration Predecessor > ! T y W H F S Fri Sep/15106 Wed Jun/20107 199 Days 2 Current Work Fri Sep115106 Wed Jun/20107 199 Days 'w 3 6-139 Wickham Sidewalk Fri Sep/15/06 Fri Oct/27/06 31 ! f Subs task 1 - 1 da? 4 6- 150 Ackerman Sidewalk Tue Novr7/06 Fri Dec/22106 34 5 6- 136 Sebastian Modular Fri Nov/10/06 Wed Jan/17107 49 w 6 6-120 Fellsmere Sidewalk Wed Nov/l5/O6 Thu Mar/15/07 87 7 5-147 St Luke's Church Mon Jan/l5/07 Mon April 6107 66 8 5- 142 Martin Rd Ind Bid Fri Mar/16107 Wed Jun/20107 69 r 9 10 1' r i2 13 14 15 r Sb 17 18 'w 19 20 21 • 22 23 24 r 25 26 27 i 28 29 30 31 32 33 34 r 35 r r r do i i L. H. TANNER CONSTRUCTION CORPORATION FINANCIAL STATEMENTS AND ISUPPLEMENTARY INFORMATION i I For the five month period ended May 31 , 2006 i I i i BARNES AND COMPANY, LLC CERTIFIED PUBLIC ACCOUNTANTS — 310 Fifth Avenue Indialantic, Florida 32903 - - L i l r r TABLE OF CONTENTS r PAGE ACCOUNTANT' S REPORT I I FINANCIAL STATEMENTS Balance Sheet ,. Statement of Income and Retained Earnings 3 ' Statement of Cash Flows 4 Notes to Financial Statements 5 SUPPLEMENTARY INFORMATION Schedule I - Earnings from Contracts 9 Schedule 2 - Contracts Completed 10 Schedule 3 - Contracts in Progress 11 r Schedule 4 - General and Administrative Expenses 12 r r r + BARNES AND COMPANY, LLC CERTIFIED PUBLIC ACCOUNTANTS 310 Fifth Avenue • Indialantic, Florida 32903 321 /723-0700 • Fax 321 /728-8533 Email: wdbarnes@msn.com Bill Barnes, C. P.A., Member Manager Kenneth R. Wall, C.P.A. To the Board of Directors + L. H. Tanner Construction Corporation Melbourne, Florida + We have reviewed the accompanying balance sheet of L. H . Tanner Construction Corporation (an S corporation) as of May 31 , 2006, and the related statement of income and retained earnings and cash flows for the five month period then ended, in accordance with Statements for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the owner of L. H. Tanner Construction Corporation. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in + accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole . Accordingly, we do not express such an opinion. Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with do generally accepted accounting principles . Our review was made for the purpose of expressing limited assurance that there are no " material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted accounting principles . The information + included in the accompanying Schedules 1 , 2 , 3 and 4 is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the basic review of the financial statements, and we are + not aware of any material modifications that should be made thereto. + Oarnes and Company, LLC + July 3 , 2006 Indialantic, Florida + 1 _ L L. H. TANNER CONSTRUCTION CORPORATION BALANCE SHEET I 1 May 31 , 2006 L ASSETS L CURRENT ASSETS Cash Loan receivable $ 64,375 Contract receivables 63000 Other receivable 246,396 Employee receivable 9,821 Costs and estimated earnings in excess of billings on uncompleted contracts 350 p 9.918 TOTAL CURRENT ASSETS 336,860 PROPERTY AND EQUIPMENT Furniture, fixtures, and equipment 261 ,074 Accumulated depreciation ( 108,361 ) 152,713 s TOTAL ASSETS $ 489,573 +� LIABILITIES AND STOCKHOLDER' S EQUITY CURRENT LIABILITIES Accounts payable $ 122.452 Payroll liabilities Billings in excess of costs and estimated earnings on uncompleted contracts 32 , 907 0 TOTAL CURRENT LIABILITIES 155 ,359 STOCKHOLDER'S EQUITY Common stock. $4 . 00 par value, 1 , 000 shares authorized and issued 43000 Additional paid in capital Retained earnings 51 .550 278 ,664 334.214 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 489,573 See accompanying notes and accountant's report. 2 r H. TANNER CONSTRUCTION CORPORATION STATEMENT OF INCOME AND RETAINED EARNINGS ' I Five month period ended May 31 , 2006 CONTRACT REVENUES $ 464,278 r COST OF REVENUES 301 ,218 r Gross Profit 163 , 060 GENERAL AND ADMINISTRATIVE EXPENSES _ 148, 973 Net Income 145087 r BEGINNING RETAINED EARNINGS 264,577 Shareholder distributions 0 ENDING RETAINED EARNINGS $ 278 ,664 r r r r r • r See accompanying notes and accountant's report. 3 r + L. H. TANNER CONSTRUCTION CORPORATION STATEMENT OF CASH FLOWS • Five month period ended May 31 , 2006 CASH FLOWS FROM OPERATING ACTIVITIES Net income $ 147087 • Adjustments to reconcile net income to net cash provided by operating activities Depreciation 9,263 (Increase) decrease in: Contract receivables (28, 739) Other receivable (2,229) Employee receivable ( ) + X50 Loan receivable (61000) Costs and estimated earnings in excess of billings on uncompleted + contracts 31 ,563 Increase (decrease) in: Accounts payable 84,533 + Payroll liabilities 2 672 Billings in excess of costs and estimated earnings on uncompleted + contracts (11 ,401 ) NET CASH PROVIDED BY OPERATING ACTIVITIES 93 ,399 • CASH FLOWS FROM INVESTING ACTIVITIES Purchases of property and equipment (22,000) + NET CASH USED BY INWESTING ACTIVITIES (22,000) • CASH FLOWS FROM FINANCING ACTIVITIES Short-term debt reduction (58,221 ) • NET CASH USED BY FINANCING ACTIVITIES (58,221 ) NET INCREASE IN CASH 13 , 178 CASH AT BEGINNING OF PERIOD 51 , 197 + "I . CASH AT END OF PERIOD $ 643375 + + See accompanying notes and accountant's report. 4 do f r L L. H. TANNER CONSTRUCTION CORPORATION NOTES TO FINANCIAL STATEMENTS r, L For the five month period ended May 31 , 2006 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Nature of Business The Company was incorporated in the State of Florida on October 20, 1997 and is located in Melbourne, Florida. The Company is wholly-owned by Lawrence H . Tanner, Jr. The Company is in business of development, planning, design and building of commercial, industrial and heavy civil construction, including complete interior buildouts, restorations and site development. The contracts are primarily fixed price contracts. Cash and cash equivalents Cash and cash equivalents include cash on hand, cash in banks, and all highly liquid investments with a maturity of three months or less at the time of purchase . Revenue Recognition r Revenues from fixed-price construction contracts are recognized on the percentage-of-completion method, measured by the percentage of costs incurred to date to estimated total costs for each contract. _ This method is used because management considers expended costs to be the best available measure of progress on these contracts . Because of the inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term . Cost Recognition Contract costs include all direct material, labor, and equipment costs and those indirect costs related to contract performance such as indirect labor, supplies, and tool costs. Provisions for estimated losses on _ uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability, including those arising from contract penalty provisions, and final contract settlements may result in revisions to costs and income and are recognized in r the period in which the revenues are determined. The assets "Costs and estimated earnings in excess of billings on uncompleted contracts ", represent r revenues recognized , in' excess of amounts billed. The liability "Billings in excess of costs and estimated earnings on uncompleted contracts ", represents billings in excess of revenues recognized . Contract retentions are included in contracts receivable. r r r r • L. H. TANNER CONSTRUCTION CORPORATION NOTES TO FINANCIAL STATEMENTS • For the five month period ended May 31 , 2006 Property and Equipment Vehicles and equipment are stated at cost less accumulated depreciation. Depreciation is computed using the straight-line and declining balance methods based upon the estimated useful lives of the • depreciable assets. Use of Estimates Management uses estimates and assumptions in preparing these financial statements in accordance with _ generally accepted accounting principles . Those estimates and assumptions affect the reported amounts of assets and liabilities and the reported revenues and expenses . Actual results could vary from the estimates that were used. • Income Taxes The Company qualifies for the small contractor exemption under the Internal Revenue Code Section 460(e)( 1 )(B) and as such, reports its revenue and expenses for federal income tax purposes on the completed contract method for long-term construction contracts. The Company has elected by consent of it: • stockholder to be taxed under the provisions of Subchapter S of the Internal Revenue Code effective October 20 , 1997. Under those provisions, the Company does not pay Federal corporate income taxes on • its taxable income . Instead, the stockholder is liable for individual Federal income taxes on the Company's taxable income. NOTE B - PROPERTY AND EQUIPMENT Property and equipment are summarized by major classification as follows : r Office equipment $ 11 , 026 Vehicles and equipment 154, 625 r Land 95 .423 261 , 074 r Accumulated depreciation ( 108, 361 ) • $ 1523713 Depreciation expense for the five month period ended May 31 , 2006 was $9,263 . r r i r L. A. TANNER CONSTRUCTION CORPORATION r NOTES TO FINANCIAL STATEMENTS For the five month period ended May 31 , 2006 NOTE C - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs, estimated earnings, and billings on uncompleted contracts are summarized as follows : i Costs incurred on uncompleted contracts $ 7 897 i Estimated earnings 2021 9,918 i Billings to date 0 $ 9,918 Included in the accompanying balance sheet under the following captions : r Costs and estimated earnings in excess of billings on uncompleted contracts $ 9,918 i Billings in excess of costs and estimated earnings on uncompleted contracts 0 i $ 9 , 918 " NOTE D - CONTRACT RECEIVABLES r Contract receivables as of May 31 , 2006 are as follows : Completed contracts i 4- 101 $ 65 , II1 5 - 103 5 30,432 - 140 ] 42 ,675 5- 146 7, 537 6- ] 17 64l $ 246 ,396 i i r .. L. H. TANNER CONSTRUCTION CORPORATION NOTES TO FINANCIAL STATEMENTS For the five month period ended May 31 , 2006 r NOTE E - CASH AND CASH EQUIVALENTS - The Company maintains cash and cash equivalent balances at a bank in Florida. Accounts at the institution are insured by the Federal Deposit Insurance Corporation (FDIC) for up to $ 100,000 . As of May 31 , r 2006, the Company had no uninsured bank balances . NOTE F - LONG-TERM DEBT r During the period ended May 31 , 2006, the Company paid off an equipment loan in the amount of $34,6021 . There is no long-term debt as of May 31 , 2006. r NOTE G - OTHER RECEIVABLE As of May 31 , 2006, the Company had incurred costs in the amount of $9, 821 on a project that was not contractually consumated . The issue is now in litigation and the Company believes the entire amount is r fully collectible . As such, no allowance for doubtful accounts has been recorded. NOTE H - LINE OF CREDIT r The Company entered into a secured line of credit agreement with a financial institution to provide financing to the Company. The $ 100,000 line of credit bears interest at the prime rate, is renewable - annually, and is collateralized by all the assets of the Company. A personal guarantee was required of the Company' s stockholder. As of May 31 , 2006 , there were no outstanding balances on the line of credit. - NOTE I - PENDING LITIGATION The Company' s accounts receivable includes $65 , 111 which is currently in litigation . In September 2005 , the Company filed a lein on the property and is agressively pursuing payment. Management believes the entire amount is fully collectible and as such, no allowance for doubtful accounts has been recorded . r r r _ I aw do SUPPLEMENTARY INFORMATION _ _ i i i i i _ L. H. TANNER CONSTRUCTION CORPORATION SCHEDULE 1 - EARNINGS FROM CONTRACTS ,. Five month period ended May 31 , 2006 Cost of Revenues Revenues Gross Earned Earned Profit Contracts completed during the period $ 4545361 $ 293 ,321 $ 161 ,040 ,. Contracts in progress at year end 95917 75897 2, 020 $ 464,278 $ 301 ,218 $ 163 ,060 .r dwi i S r See accompanying notes and accountant' s report 9 L. H. TANNER CONSTRUCTION CORPORATION SCHEDULE 2 - CONTRACTS COMPLETED For (lie period ended May 31, 2006 Contract Totals Before January 1, 2006 Period Ended May 31, 2006 Gross Gross Gross Project Revenues Cost of Profit Revenues Cost of Profit Revenues Cost of Profit Number Earned Revenues (Loss) Earned Revenues (Loss) Earned Revenues (Loss) 5- 103 524,372 304,285 2209087 3173156 183 ,295 133 ,861 207,216 120,990 86,226 5- 140 1909930 1279222 63 ,708 112 93 19 190,818 127, 129 63,689 5 - 145 24, 550 12360.5 119945 0 0 0 24,550 12,605 119945 5- 146 C 12,000 141415 (2,415 ) 3 , 127 2,906 221 8,873 11 ,509 (2,636) 5- 146 W 7,537 61757 780 0 0 0 79537 63757 780 6- 115 14,726 133718 19008 0 0 0 14,726 13 ,718 1 ,008 6- 117 641 613 28 0 0 0 641 613 28 $ 774 , 756 $ 4795615 $ 2955141 $ 3205395 $ 186,294 $ 134, 101 $ 4549361 $ 293 ,321 $ 161 ,040 See accompanying notes and accountant's report. 10 - - - - - - - - - - - - - - - - I .. 11. I ANNE.R CONSI'Ri1CTION CORI MI1%HON SCIIEDLILE 3 - CONTRACTS IN PROGRESS Por the pe,'ind ended May 31 , 2P.06 l otal Contract Flom Ince ,I lion to May 31 , 2006_ _ _ Before January I, 2006 At May 31, 20116 For the Period Ended May 31, 2006 Costs and Billings in Estimated Estimated Exeessaf Gloss Gross Estimated Earnings Costs and Grnss Profil Revenues Cost of Profit Billcd to Cost to Revenues Cost of Gross in Excess Estimated Revenues Cost of Profit Percent Revenues (2,uss) turned Revenues (l.nss) Rate ConTlete Earned Revenues Profit of Billings Earnings Earned Revenues (Lossi Complete 5- 142 S 396,000 S 68,175 $ 7,281 S (1,027 S 1 ,254 S 0 S 321 ,793 S 0 S 0 $ 0 S 7,281 $ 0 $ 7,280 S 6,027 S 1 ,253 10% 6105 26,580 7. 730 ____2.63I __ 2(37 1 ,870 767 0 16,980 0 U 0 2,637 0 2,637 1 ,870 767 2% S 712,580 S - 7i905 S 9.919 57,897 $x 2,021 Sz 0 $ 338,778 S 0 S 0 $ 0 S 9,918 S 0 $ 9,917 $ m 7,897 $ 2,020 O C tz a n � A mzs m0 pN O R osg�O+ R o C Sve accompm.) ing notes end areeunuml r. report. �� 11 to SECTION 00520 - Agreement ( Public Works ) r TABLE OF CONTENTS 40 Title Page ARTICLE1 - WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 an ARTICLE2 - THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 2 ARTICLE3 - ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 s ARTICLE4 - CONTRACT TIMES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE5 - CONTRACT PRICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 r ARTICLE6 - PAYMENT PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 r ARTICLE7 - INDEMNIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 r ARTICLE 8 - CONTRACTOR' S REPRESENTATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 9 - CONTRACT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . 5 ARTICLE10 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 r [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] r r r 0201 -00520 - Agreement (Public Works).doc 00520 - 1 F 1lnngineeringlCapital Projects10201 -03128-Intlian River Drive Sidewalk10201 Indian River Drive South Sidewalk - Contract DocsW201 -00520 - Agreement (Public r Works).Coc Rev. 05101 r SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and La He Tavywr eonsfrud-,yr) �a pora � o � (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth , agree as follows: ARTICLE 1 - WORK r 1 . 01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CONSTRUCT A CONCRETE SIDEWALK AND PROVIDE DRAINAGE AS SHOWN ON THE PLANS. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: r Project Name: INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS . r County Project Number: 0201 Project Address: INDIAN RIVER DRIVE SOUTH FROM SOUTH SEBASTIAN CITY LIMITS TO US HIGHWAY NO . 1 ARTICLE 3 — ENGINEER .. 3. 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection r with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES r 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness _ for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment r A. The Work will be substantially completed on or before the 120'" day after the date when the Contract Times commence to run as provided in paragraph 2. 03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150"' day after the date when the Contract Times commence to run . 4.03 Liquidated Damages r 0201 -00520 - Agreement (Public Works) 00520 - 2 CADocuments and SetbngsVdackson�ccal Settings\Temporary Internet Files%OLKBOt0201 00520 - Agree,- nt (Public Worke)doc Rev. 05/01 r A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and .. that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a r penalty) , CONTRACTOR shall pay OWNER 634.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion , if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper r extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 634.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. r ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01 .A and summarized in paragraph 5.01 . 6, below: i A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ �N/ ' r Written Amount: ro r' 0nldno4 ,S )< zU Arf 2�601.5aAd ur � vldr ccl �� LWn �a llollais oLnd #I«fy 2 � nrt eert75 . ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the r General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. r 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided in paragraph 6.02 .A. 1 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units r completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1 . Progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold , in accordance with paragraph 14.02 of the General Conditions : 00520 - 3 0201 -00520 - Agreement (Public Works) C:Oocuments and Setungs*jackson\Local Settings\Temporary Internet Files\OLK86\0201 -00520 - Agreement (Public Works).dcc Rev. 05/01 i i a . Ninety percent (90%) of Work completed (with the balance being retainage); and i b. Eighty percent (80%) of cost of materials and equipment not incorporated in the Work but stored on the Project site (with the balance being retainage). + 6. 03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER , ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS r 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: i A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local, and Site conditions that may affect cost, progress, and performance of the r Work. C. CONTRACTOR is familiar with and is satisfied as to all federal , state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. r D . CONTRACTOR has carefully studied all: ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions + in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and + drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. r E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies , and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences , and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto r F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the + 00520 - 4 0201 -00520 - Agreement (Public Works) C:\Documems and SeninpsVcjeckson\Local Setlings\Tenporary Internet Files\OLK86`0201 -00520 - Apreemem (Pudic Works).tloc Rev. 05/01 + i Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H . CONTRACTOR has correlated the information known to CONTRACTOR , information and observations obtained from visits to the Site, reports and drawings identified in the i Contract Documents, and all additional examinations, investigations , explorations, tests, studies , and data with the Contract Documents. I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. • ARTICLE 9 - CONTRACT DOCUMENTS 9 .01 Contents i A. The Contract Documents consist of the following : .. 1 . This Agreement (pages 00520- 1 to 00520-8, inclusive); 2. Performance Bond (pages 00610-1 to 00610-5, inclusive) ; + 3. Payment Bond (pages 00612-1 to 00612-5, inclusive) ; i 4. General Conditions (pages 00700-1 to 00700-45, inclusive) ; 5. Supplementary Conditions (pages 00800-i to 00800- 12, inclusive); i 6. Specifications as listed in the table of contents of the Project Manual ; 7. Drawings consisting of: + a. Indian River Drive south Sidewalk (pages 1 through 27) 8. Addenda (numbers to inclusive); r 9. Exhibits to this Agreement (enumerated as follows) : a. Notice to Proceed (pages 00550-1 , inclusive) ; b. CONTRACTOR's Bid (pages 00310-1 to 00310- 10, inclusive) ; i c. Statement of Public Entity Crime d. Sworn Statement Under the Florida Trench Safety Act (pages to inclusive) ; e. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure + of Relationships (pages 0454- 1 to 0454-2 , inclusive); 00520 - 5 0201 -00520 - Agreement (Public Works) DiDocuments and SemngsVdacksonLLocal SedingsWemparary Internet Files\OLK86t0201 -00520 - Agreement (Public Works).doc Rev. 05/01 r f . Qualifications Questionnaire (pages 00456-1 to 00456-4); 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives ; c. Change Order(s) . ' B. The documents listed in paragraph 9.01 .A are attached to this Agreement (except as expressly noted otherwise above) . C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified , or supplemented as provided in paragraph 3. 04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10 .01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a parry hereto of any rights under or interests in the Contract will be binding on another parry hereto without the written consent of the party sought to be bound ; and, specifically but without limitation , moneys that may become due and moneys ' that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns • A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall ' continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the " intention of the stricken provision . 10.05 Venue 0201 -00520 - Agreement (Public Works) 00520 - 6 CADocuments and Settings\kjacksonLLocal Settings\Temporary Internet Files\OLKe6W201 -00520 - Agreanient (Public Works).doc Rev. 05/01 A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida. s [The remainder of this page was left blank intentionally] a r wr s w. r r s r 0201 -00520 - Agreement (Public Works) 00520 - 7 C:\Documents and SetlingsV9ackson Lccal Senings\Tenporary Imemet Files\OLKB610201 -00520 - Agreement (Public Works).doc Rev. 05 1 r IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. r This Agreement will be effective on 20 Q1 (the date the Contract is approved by the Indian River County Board of Cdunty Commissioners, which is the Effective Date of the Agreement) . r OWNER: CONTRACTOR: BOARD OF COUNTY COMMISSIONERS /' INDIAN RIVER COUNTY Ga v�vtki D'n $ uc7on ( 4y By: 0✓ By: r Gary C. epi, Ch4iirr ain ': " (Contractor) By: - (CORPORATE SEAL) ,. ose A. Bair oGQunty Adrrii P nistrator O rl a �::. . Attest APPROVED AS TO RM ND LEGAL SUFFICIENCY: By: r lam G . Collins, 11 , County Attorney Address for giving notices: a3oo AV �e - Jeffrey K. Barton , Clerk of Court lbou rna_ FL 3,1q 35 Attest: License No. C C� C i 511 $ r Deputy Clerk (Where applicable) (SEAL) Agent for service of process: r Designated Representative: Name: Christopher J . Kafer, Jr. , P. E. Designated Representative: ., Title: County Engineer Name: 1840 25th Street Title: Vero Beach, Florida 32960 Address: (772) 567-8000 , ext. 1221 Facsimile : (772) 778-9391 Phone: Facsimile: ( If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign . ) r * * END OF SECTION 0201 -00520 - Agreement (Public Works) 00520 . 8 G:Zccuments and Settings*jacksonLLccal Servings\Temporary Intemet Files\OLK66\0201 -00520 - Agreement (Public Waks).doc Rev. 05/01 r i SECTION 00550 - Notice to Proceed • Dated (Certified Mail -- Return Receipt Requested] • TO : • (BIDDER) ADDRESS: i r Contract For: INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS • (Insert name of Contract as it appears in the Contract Documents) Project: 0201 ' OWNER's Contract No. • You are notified that the Contract Times under the above contract will commence to run on By that date , you are to start performing your obligations under the Contract • . Documents. The contract has allocated days for the completion of this project. In accordance with Article 4 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is • Before you may start any work at the site, paragraph 2 . 05. 0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insured ) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must: 'r (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) • By: (AUTHORIZED SIGNATURE) i (TITLE) END OF SECTION i 0201 -00550 - Notice to Proceed 00550 - 1 • FiEngineeringcaphal Projech\0201 -03121 -lndian Rver Drive Sidewalk-South-Highland Drive SW102D1 Indian River Drive South Sidewalk - Contract 0ocs10201 .00550 - Notice to Proceed.doc Rev. 05MI 1817154 RECORDED IN THE RECORDS OF JEFFREY K RARTON , CLERK CIRCUIT COURT INDIAN RIVER CO FL , BK : 2128 PG : 1950 , 01 / 30 / 2007 02 : 21 PM i i SECTION 00610 • Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we L . H . Tanner Construction Cor oration ' 2300 Avocado Avenue _ Melbourne FL 32935 t; 32l! Z69 1to99 88 Principal (Contractor), i (Insert name, principal business eddryu, and telephone number of Prindpsl/CoMredar) and Developers Surety and Indemnity Company i , . S a corporation, ry nes as Surety, (Insert name, prindpel Dualneas address end telephone number of Surety) i Vero are held and firmly bound unto the County of Indian River, Florida, 1540, 25th Street, Beach, Florid g2pp� r77z -57-8 0 , 1n the sum 0iinlatrators �' 1a ed ve Nine Thousand Three Hundred ($579 , 326 . 74 ) ' amountingthe total bid price. For the payment of said sum we bind ourselves, our heirs, exec and assigns, jointly and severally,. for the faithful performance of a carts written Contract, dated the 9t' day of January entered into between the Principal and the county of Indian River, for: Bond Number: 534137? Project Nome: jN¢ ci '�' nRIVa SOUTH 3iDEWAI K IMPROVEMENT& i County Project Number: 1 c Project Address: � � "�R DRIVE SOUTH FROM SOUTH "' STIAN CILI ITS TO U3 NLQkjWAY NO. 1 i Project Description: SIDEWALK IMPROVEMENTS ON INDIAN RIVER DRIVE SOUTH FROM SOUTH SEBASTIAN CITY LIMITS TO US HIGHWAY NO . 1 . A copy of sold Contract Is incorporated herein by reference and Is made a part hereof as M fully copled herein. Fiodda Statutes Section 255.05 (2002), as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein ih its entirety by this reference. FORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH . that N the NOW, THERE Principal shall F all respects comply with the terms and conditions of said Contract and its i obligations thereunder, Including all of the Contract Documents therein referred to and made a part thereof, and such alternation as may be made In the Contract Drawings and Speclfloationo as therein provided for, and shall Indemnify the County of Indian Rlvsr as &et , forth in the Contract, in the axacution or performance of said Contract, and further, if the Principal &hall promptly make payments to all who supply him with labor and/or materials used directly or Indirectly by the Principal in the prosecution of the Work Provided far 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 dHfarenee between the sum .that the County of Indian River may be obliged to pay for the completion of said Work, by contract of otherwise, and any damages, whether direIndirect, or consequential, including reasonable attorneys fees ct, (including appellate proceedings) , wMch the County of Indian River may incur ps a result of the failure of the Principal to properly execute all of the provisions of the Contract. 6201 -00610-rrb � "Iwldw 6os,o - , A TRUE COPY .., M •. .,� CERTIFICATION ON LAST PAGE J.K. BARTON, CLERK BK : 2128 PG : 1951 AND, the said Principal and Surety hereby further bind therr"vas, their successors, executors, administrators and assigns, jointly and severally, that they will amply and fully. protect County of Indian River against, and will pay, any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from • the performance of the sold work, repair or malntenanoe thereof, or the manner of doing the same, or his agents or his servants, or the Infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise . Principal and Surety expressly acknowledge that any and all provisions relating to liquidated d. Principal and ntained In the Contract aro Sur* acknowledge that any rsuchsprovisio s Ile covered by and n their obligations ns this WA �in the policy coverages and limitations of. this Bond. AND, the said Surety, for value received, , hereby stipulates and agrees that no change, extension of time, sheratton or addition to the terms of the ,Contract or to the work to be performed thereunder, or the specifications or Drawings accompanying the earn e, shall in any way affed its obligations on this Bond , and it does hereby waive notice of any such change, extension of time, alteration or adtlttlon to the terms of the Contract or to the Work or to the Specifications or Drawings. [Select either SUBSTANTIAL or FINAL completion in the paragraph below] 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 oommenein on the data of Completion as established on the Certificate of Completion as issued by the County of Indian River. IN WITNESS Wg5R OF, the above bound parties exeouted this instrument under their several seals , this nay of January 2007 _. the name and corporate seal of each corporate party being7orsto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. 1e�iNe�H�M��eH�fNHMf���NH�teMHtieH�eH��H'FH�MH�H�Hii/MH HteMr'f��HiHHM�HH�1kHI� WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed, sealed and delivered in the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address ' �N�PNMH�eM�HH1HiHtiMiaMffM��eH��e HiH'1`HH�HAMH1kfHMYfAH�MHH'fHkNHM�eH1f V1M,�f� S i ' 0901 40610 • Peepmrs Wet00o •• 9ernexq<9�M G►NMNM [YM aw"WM101 ,e1n10 NHIP�+I.OdMedONNdCl eenO• PrMnM1 Mp�N ew• ew1 A TRUE COPY CERTIFICATION ON LAST PAGE .. JX BARTON, CLERK BK : 2128 PG : 1952 r i P 1 T D TRADE r £ E CI g NAME: r Signed, ssa*d and delivered In the presence of: r Witness Name of Partnership BY: Address Partner r Printed Name of Partner i Witness (SEAL) Address YHH#HHHi#IIY/YHHI#V#I`YHM##HHI#I###ISH#H'Y#HHHIYM#HM#YI'IHM##�'#fMMY#HHAI#NYII#ItH • N T RCIPAL 18 A PARTNEABNIP: Signed, seeled and delivered in the primatince of: WitnessName of Partnership BY: r Address Partner Printed Name of Partner r Witness (SEAL) Address HYYY HH I#MHHH#IiY'11Y###IH'fM�H##M�YHHHII'HIHI#tH#M►H1r#MHYH#NHMH##YIH#IR#1wHHYti1 i (The remainder of this page was left blank intantlonalryl r is ' 0701 .00010 - Pwx�Y'q Oonbsee P�rywy,�yry�,ynpbnllHlWllw OOn M�+MY1CIwInOnH�M�i� �1- wr.#maoiM iona .owMnM avdr �a. euo A TRUE COPY CERTIFICATION ON LAST PAGE i J.K BARTON, CLARK BK : 2128 PG : 1953 r + + WHEN THE PRINCIPAL iS A CORPO fMON : Attest L . H . TannerCohstruction Secretary Name of orp retlon or z i n (Affix Ccrpordta •SEAI-}, r Printed Name 1, CLWfutC� �r • (annex' ri'. G . . Official Title f (esi ►L L RTIFICATE A8 TO CORPORATE PRINCIPAL + I Mi Traj u-r certify that I am the Secretary of the corporation named as a` prinolpal Atha within bond; that C r• , who signed the sold bond on behalf of the Principal was than MaWoAe of said corporation: that I know r his signature, and We signature thersto 'Is genuina; and that sold Bond was duy_eigAed, sealed ir`: aqd attested for and on behalf of Said corporation by authority of he governing body. ; + Secretary TO BE EXECUTED BY CORPORATE r Attest As per attached power of attorney FE: Corporate Surety c r oratory Developers Surety and Indemnity rompan7{ Business Address a 9 6 3 orporate SEAL) Jason Katz , tti in fact Attorney-In-Fact r Name of Local Agency u . Nielson , Rosenhaus & Associates r{ - -- -- ------- -Business-Addresa— r tis 4000 S . 57th Avenue , Ste , 201 Lake Worth , Fl. - [The remainder of this page was left blank intentionailyl 33463 r moi me+o- r.rum.w: eono.am Delo - � .�,,, �rM�CyYMMiiWAIIMdnNW01MNIWa'YOIYYKR Mw YM �Yw�. EaMOouvQm NY. �Mnr�w �WMPN. 0Y0� ATRUE COPY CERTIFICATION ON LAST PA J . K. BARTON , QLERK BK : 2128 PG : 1954 r r STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qusl fled and acting, personally appeared Jason Katz . .to me well known, who being by me first duly sworn Upon oath, says that he Is the attomeyain-fact for the Developers Surety and r� 8d a has been authorized by Them to exealle the orego ngon nehelf of the CONTRACTOR named therein in favor of the County of Indlen River, Florida. Subscribed and sworn to. before me this 22nd day of January 20 07 "° Melinda Rosenhaus C , :�4�Y, PGS.• . C`O'+►`' _° ^ = CDmrgsState of Florida � . •�`EEs Lmr DEC. 05, 200 ' r My Commission Expires: " 0f WWW./ ARONIIOTARTaam Y►N�HM�HYYNN1iYYNYYtHlYMkHYYY/YMHYYfHNYffYwfNiriYHY4YHYlMYYYHtHYYYYYYrYY•YTYYIMYY�YYYVY,r Any claims under this bond shall be addressed to: r Name and address of Surety: Developers Surety and Indemnity Company r P . O . Box 19725 . Irvine , CA 92623 r Name and address of agent or representative in Florida r If different from above: Nielson , Rosenhaus S Associates r 4000 S . 57th Avenue Ste . 201 Lake Worth , FL 33463 r Telephone number of Surety and 949 263 3344 agent or representative in Florida : (� " END OF SECTION " r ' r r OM 4=10 -ftft swwd § F.Eny,r,1/irgW MwseRo40f1,Yibn Y..r0ilw r,wYm, IiYr Yw,OM YM tI1wY• Ooin� OwY]M •101M• M1Arrw YL6, IW. 0/Iw ATRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON, CLEIRK r BK : 2128 PG : 1955 • • FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 r BOND NO. 534137P CONTRACTOR: LH Tanner Construction Corporation 2300 Avocado Avenue Melbourne, FL 32935 321 -259-8099 SURETY: Developer Surety and Indemnity Company • P.O. Box 19725 Irvine, CA 92623 949-263-3344 r AGENT: Nielson, Rosenhaus & Associates 4000 South 57's Avenue, Suite 201 • Lake Worth, FL 33463 (561 ) 432-5550 OBLIGEE : Indian River County 1840 25d' Street Vero Beach, FL 32960 • PROJECT: • Indian River Drive South Sidewalk Improvements i • i • r A TRUE COPY CERTIFICATION ON LAST PAGE J .K. BARTON , CLEgK BK : 2128 PG : 1956 s • • SECTION 00912 - Payment Bond KNOW ALL MEN BY THESE PRESENTS: BY .TIJ, BOND we anner Construction Corporation As 2300 Avocade e carne , o Aven 3Jr P-51 - 19699 es Principal (Contractor), (Innen name, principal business address, and telephone number of PrinclpsllContracton r and Developers Surety and indemnity Company P . O . ox ! � — _ • ryne , CA 926 23 a corporation, as Surety, lineal name, principal business address, and telephone number of Suretyi 40 are hold and firmly bound unto the County of Indian River, Florlda, 1940, 25th Street, Vero Beach, Florida 3o2960�und.467-�00)hree Tho a d our H n 463 , 461 . 39 in the sum of y Dollars ( S ), .e amounting to 100% of the total bid price, For the paymant of-sald sum we bind ourselves, our halts, executors , administrators and assns, jointly and severally, for the faithful performance of a pertain written Contract, dated the 9t day of January 20 07 _ entered Into between the Principal and the County of Indian River, for. Bond Number: 534137P Project Neme: 1 DIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS • County Project Number. 0201 Project Address: INDIAN RIVER DRIVE SOUTH SEBASTIAN, FLORIDA ,e Project Description: INDIAN RIVER DRIVE SOUTH FROM SOUTH, SEBASTIAN CITY LIMITS TO US HIGHWAY NO, 1 A copy of said Contract is incorporated hareln by reference and is made a part hereof as if fully • copied herein. . NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, If the Principal shall promptly make payments to all claimants, as herein below defined, then this +� obligation shall be void: otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1 . A claimant, as defined In Florida Statutes Section 266. 05(1 ), supplying Principal with • labor, materials, or supplies, used directly or indirectly by Principal In the prosecution ' of the Work provided for In the Contract 2, Florlda -Statutes Section 256.05 (2002), as amended from time to time, together with all notice end time provisions contained therein, Is incorporated herein In its entirety by this reference. The Surety, for value received, hereby stipulates and agrees that no charge, extension of tlme, 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. Oe77 -00613 - PMMY 6wtl.6W - .....P6n.M+ �awwaw6w.n .oPnw.reo.nwwr . w�. wle6r.I � .c�. eowwwaan .. �. 6.w+..w. do, ATRUE COPY CERTIFICATION ON LAST PAGE J . K. BARTON , CLERK BK : 2128 PG : 1957 + unty of Indian River that It has a. goofs Key The Surety represents and warrants to the CoMee o and Rating Guide, General Poioyho and sailing f �venantFinancial snd wires that this Bo Bond remain In The Principal and Suroty j of ons year commencing on the date of Final Completion as full force and effect for a psrtod established on the Cerlificste of Final Completion Is issued by the County o11 f Indian River. ,. The Principal and Surety Jointly and severotly, agree to Pay the County of Indian River all losses , damages, expenses, costs, end ettomsy'e fess; including alunappellate proceedings, that the County of Indian River sustains because of a default by the Pripal under the Contract, + (The remainder of this page was left blank intentionally] i eR eat 1. • e f � P: M- � n 3 • k- r- ' '.: cam 40617 • PgTwr66o�u.ao< ewe .w+ . iY..' Anil. .a6.� .. . aun ATRUE COPY CERTIFICATION ON LAST PAGE • J.K. BARTON, CLERK SK : 2128 PG : 1958 • r r IN WITNESS WHEREOF, the above bound partles executed this inatrument under their several seals, this 22nd day of January . I12007 , the name and corporate seal of each corporate party being hereto affixed end these presents duly signed by its undersigned r representative, pursuant to authority of Ns goveming body. ' aiwaRR4R4RR�Y^IHMaNwRwNMMNYaNwaiNaw4MiwNNaRY4YiNNNNYMY4MRNrM4N4wRN4i�M4NYi Ye WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed , ®eslad, and delivered In the presence of: Witness Signature of Individual Address Printed Name of Individual Witness Address r 4wN4fR/44wiia}R444lai4RRaaaaaaNa4NRwRRw4ww4N4Rw1wNRNaaaUwRRf RNaw4wHaw V aaNatkN NNN4w WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE ANN {SAME Signed, sealed and delivered In the presence of: dw Witness . Name of Entity r Address Principal BY: Printed Name of Principal Witness (SEAL) r Address NaaM�alaiNNaaaaaiaN4waNR4Nad'adlRfwd,waaNa fawawNRNaM aaMaawNNRN NNawNRaO NwaN aaaMaN 'w WHEN THE PRINCIPAL Is A PARTNERSHIP: Signed, sealed and delivered In the presence of. r Witness Name of Partnership , r BY: Address Partner r wR1 x0012 -►dymdn, 0and.aw. .:mrd. .dwudrdwm,xwwwTar , �r. ►wo, ws, w .owdw0061ns°a 'w.o. rRa.mo, aeru • ra .�waww . ow ATRUE COPY CERTIFICATION ON LAST PAGE +R J . K. BARTON , CLERK BK : 2128 PG : 1959 w r Printed Name of Partner w Witness (SEAL) w Address ��lnNNw�HHkFfw�iN�Hw/�HH�HM�H�eH�n HK This bond is given to cwo�n+pplyy�v1 h section 25505 Floitde w WHEN THE PRINCIPAL 18 A C0RPOR&M0WtatujM and any action insTitur-rd by a claimant under this bcncl toe payment must be in accordance with the notice and Attest: time ItudCatkn ort in FcLeb jn 255.051:), b7orida Statilteo. L� L . H . Tanner Construction Corporation Secreta Name of Corporation dw BY: _ c w (Affix Cdrporste SEAL;" ; Printed Name w P�cs �d�t ofeclat This +t -CERTIFICATE AS TO CORPORATg PRINCIPAL I ktV114 Tanru r certify that I am the Secretary of the corporation named as Prinelpat n the within bond: thatAZA 5r. who signed the said bond on KGs � w behalf of the Prtncipal was than _ ,01n. f of aald oorFwretion that ! know his signature, and his signature thereto is genuine; and that on - Bond was duly signed, sealed_ and attested for and on behalf of Said corporation by authority of Its governing body; s � L� Secretary (SEAL) rO BE EXECUTED BY C RPORATE SURETY: w , Attest: w , As per attached power of attorney Developers Surety and Indemnity Company . . Secretary Corporate Surety P . O . Box 19725 Irvine , CA 92623 Business Address BY: axon Katz , t in .fac wt ' a>m. "aoetx • va,rm sanaeoe aetx- � w fy,y..�O.p. riywrre0wiubgixMrtam �IYMY1wAYdM p�p,M yq yyw{ •ow.YpWW01 iCt1�•IdnM Mbb.Mv, YW ATRUE COPY CERTIFICATION ON LAST PAGE w J .K. BARTON, CLERK BK : 2128 PG : 1960 s - - STATE Of Fd3fII0A INDIAN RIVER COUNTY THIS IS TO CERTIFY THATTHIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. JA BARTON, CLERK POWER r ' w �\ Lei ! i DEPUTY CLERK DEVELOPERS SURETYAND INDEMN171 COMPANY , , ,, DATE PO BOX 19725, IRVW'E, CA 92623 (949) 263-3300 wwwhiscoDico.com KNOW ALL MN BY7HESBPRBSBNTS, that except as aspreasly hustled, DEVELOPERS SURMYAND WDENfl4rN COMPANY does hereby make, coosptute and appoint ** *Charles J . Nielson, Warren M, Alter, Charles D. Nielson, Brett M . Rosenhaus, Kevin R. Wojtowicz, Laura Mosholder, Jason Katz, jointly or severally** * as its the and lawful Attoruey(s}in-Fact, to mate, mropdq deliver and aclmowledM for and on bdplf ofssid corporation ae surety, bunds, undertakings and contracts All of suretyship giving and granting unto said Atfnmey(s}m-Fact fall power and authority to do and to petfpm every act necessary, requisite or proper to be done in cocowun ther ith as the corporation could do, butroaervmg m the oorpora6on full power of substitution &M revocation, sed all of the acts of said At[omey(s)-in- confirmed.Fact, pursuant m Wase presents, acre hereby =tined and This Power ofAUNney is granted and is signed by fecsimde miler and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS MEN SURETY AND INDEMNITY COMPANY effective as ofNorenaber 1, 2000: RESOLVED, that 60 Chehmm of We Boma, the Praideotand my Vice President of the capon im be, and that each of them hereby is, authorized to exeente Powers ofAttomey, goaldymg theAWomey(s}ID-Fact named inthe Powers of m smetyship: and that the Secretary a my Assistant Secretary of the A , and a eafthea be behalf of the corporation,to atte binds, acudonundertaldogs and h Po cta of r Attorney,. corporation be, and each of them hereby is authorized m emit the execution ofany such Power of RESOLVED, FURTEER, that the sigaalmcs ofneh odreea may be aTmod to coy such PoaerofAttormy m to my c¢66cate relating thereto by facsimrlq and my such.Power ofAttaney a cerdticlhe bearing such fiesim0e sigoafilm shall be valid and respect m my boeQm or conhaa of hrndm8 upon the corporation when so affixed mdmthe furore with undertaking ametychip to which it is attached W WPfNESS WHERBOF, DEVELOPERS SURETY AND WDEMMIYCOMPANY bas reused those presents to be signed by its respective Executive Vice President and attested by its Secretary this lag day of December, 2005. gy ANO /'PO David HRhodes, E:cecutivo Vwc.Presidertt OCT. 10 193Y _ Walter A Crowell, See:enry STATE OF CAL.IFORN1A i COUNTYOFORANGB Ou December 1, 2005 befaro mea Gina L Oamer, (hes rmattame and title ofthe otTica), personally appeared David LL Rhodes and Waltaa Crowell, Personally known to me (or proved to use = rhe basis ofsatisfactory avid==) to be the person(s) whose neme(s) islare subsmbed to the within instrument and acknowledged to me Out belandth y executed the creme in his4ser/the rawboriud a the entity upon behalfofwhich the eaPaniU{iea), and War by his/he/tlteir sigrsanae(s)m We hatrommt We persm(s), Parson(s) aced. ezecutad the ba6um=t. WITNESS my hand and otTwW seal V /� / L GINA L QARNER Signature p�, � . COMM. 81569561 (SPAT ) Norutrintetu cADFORIu ohwlce ooutnY s _ . . come, u ba M t 2x00 CERTIFICATE - The undesigned, as Assistant Secretary, of DEVELOPERS SURBTYAND'WDEM14 YCOMPAYK does hereby certify that the foregoing Power of Attorney remains in fun force and las not been Mvak4 and fin =uM that the pgtbyhQV'pf duugolutim of the reSP0cdVc Boardo of Directors of said corporation act forth in the PowerofAttormy, is in force as of the date of this CerdScatn " This Cera tiBearois cxutedmWetityofhvm4 Caglbrda, the 22ndJanuary 2007_ dayo[ • iBy . . . .. , Albert H lebrazA Assistant Secretary _SENT BY : HP LASERJET 3150 ; 321 724 2083 ; JAN - 22 - 07 9 : 56AM ; PAGE 1 / 1 A�OR_D. CERTIFICATE OF LIABILITY INSURANCE OP ID D DATEIMWOSIYY'FYT PRODUCER LHOP ID Ol 19 ' 07 THIS CERTIFICATE IS ISSUED A9 A MATTER OF INFORMA710N j 9ebater Insurance Agency ONLYHOLDER.DTHISFERS NO ERTIFICATEDOESNOTAMEND, EEUPON tHE XTENDOR 916 9 . Miourne Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . ; Haat Melbourne PL 32904 - PhoneN321 - 724 - 0022 Fax1321 - 724 - 2063 INsUREo 11 INSURERS AFFORDING COVERAGE _ NAIC 0 INSURE A: United lire Group 0905T La Tanne Construction - CO O at On INSURER e: Supmit COnlultin Inc . Taxi 59 - 5006g '--- — 2300 Avocado LINSURER C : Avenue Ste OMelbourne TL 32935 DCOVERAGES E TME POLICIES O- INSURANCE LISTED BELOW HAVE SFFN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY REGU.REMENT, TERM OR CONMIYON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH nHS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN ERTH THE INSURANCE AFFORDEU By THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS $HWM MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR ... _ .. .._. LTR N TYPE OFINEURANCf POLICY mIMa sICYEESFCA4F GEMFML LIABILITYLIABILITY ._ .. ___. .. . . DATE MMIDDNYYI Oq INUMD LIMITS � A X X ' COMMERCIAL GENERAL LIABILITY EACH OCCVRRENCIE & 1000000 60352895 j 10 /02 / 06 10 / 02 / 07 PREM' PaVEeanl s 100000 J CLAIMS MADE OCCUR IJ X Blanket MED EAF 'Any one xmr ) 65000 TContractus i f'ENSoNAL B ADY INJURY f 1000000! GEN'L AGGREGATE LIMIT APP4E9 PER GENERAL AGGREGATE f 2000000; POUCY PRD- LOC PROOUCTB • GOMPIOPAGG 32000000JECT . �A--U--�.TOMOBILE UALBILITT TA i Y ANYAUIO 6O3S2895 COMBINED SINGLE LIMIT 1 jOOOOOO II , / 10 / 02 / 07 (EAAWIdeM) ALLOWNED AUTOS 30 02 06 SCHEDULED AUTOS BODILYINRpRY _ PPrpplOn) X HIRED AUTOS X WIN OWNEO AUTOS BODILY INJURY E ' — vROPEFiTY DAMAGE � S (Pe ecddBM/ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EAACC S AUFO ONLY' AGO S EICESb/UMBRELUI iMI81LRY J OCCUR 'J EACH OCCURRENCE ! . CLAIMS MADE 1 AGUNEGATF S I DEDUC71ALE �. _ 3 _ RETENTWN WORKERS COMPENSAnON MND S - EMPLDYERb' LIABRRY IT VlIMd9 X ER ANY' PRRAMEBEREXCL ERIFJ(EWiryE 830 - 36951 10 / 02 / 06 10 / 02 / 07 EL EACH ACCIDENT t1000000 OFFICERBAEA®FR EAGL VDEDT - II YYes. d..cnp. .,Wm E.L WBGSEEA EMPLOYE 73000000 9YECIAL PgDVISIDN$ MIPs DTMER EL. DISEASE - FOLICYLIWT E1000000 I. Inland Marine 6035T895 10 / 02 /06 10 / 02 / 071 Ranted 200000 SCRPnONOFOPERAT*NSILOCATIONSIVEHICLE{ IEICLUEMINO ADDID DIY ENDORSIMINT / 9PECYL P0.0Ve10Nb lig �menG R8 : Indian River County Bid M 2007027 Indian River Drive South Sidewalk mprovements - Certificate Holder is an additional insured within coverage � orms provided by the general liability policy . Notice of Cancellation will B 30 days unless cancellation 1s for Ron -payment Of premium which will be 10 days based on Tlorida Statutes . ERTIFICATE HOLDER r CANCELLATION IND10 D6 SHOVLO ANY OF THE ABDVE DESCROSO POLICIES BE CANCELLED BEFORE THE ESPIRATI DATE THEREOF. THE MSUING INSURER WILL ENDEAVOR TOMAA 30 DAYS WRITTEN Indian RSYer County NOTICE TO OT HOLDER NAMEOTOTHE LEFT. SUT FAILURE TOW SOSRALL 1840 25th Street 1WO73E NO OBLIOAT1pN. OR LIABILITY OF ANY ILIND UPON THE INSURER, ITS a0ENT1 OR Vero Hench . FL 32960 REPRE!lNTATIVES. AUT a8D_,t��elI[11E1(jATMa _ CORD 25 (2001/08) = • • -FFsh to III P . A . 9 ACORD CORPORATION 1988 SECTION 00622 - Contractor's Application for Payment.doc i Application for Payment No . For Work Accomplished through the period of through To: Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS , OWNER's Project No. 0201 ENGINEER's Contract No . ENGINEER 1 . Original Contract Price : $ 2. Net change by Change Orders and Written Amendments (+ or -) : $ 3. Current Contract Price ( 1 plus 2) : $ 4 . Total Work to date : 4. a Percentage of Work completed to date: % 4. b Total Work completed to date: $ 4. c Total equipment and material stored to date: $ (1 ) _ 4 .d Total Work completed and stored to date : (4 . b plus 4 . c) $ 5 . Retainage (per Agreement) : 5 .a 10% of completed Work (0. 10 x 4. b) : 5 . b 20% of stored equipment and material (0. 20 x 4. c): 5. c Total Retainage (5 . a plus 5. b ): $ 6. Total Work completed and stored to date less retainage (4. d minus 5 . c): $ 7 . Previous Payments : $ 8. AMOUNT DUE THIS APPLICATION (6 MINUS 7) : $ (1 ) Attach detailed schedule and copies of all paid invoices. 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or -) : $ 3 . Current Contract Price ( 1 plus 2) : $ 4 . Total completed and stored to date: $ 5 . Retainage (per Agreement): % of completed Work: $ % of stored material : $ Total Retainage: $ 6 . Total completed and stored to date less retainage (4 minus 5) : $ 7. Less previous Application for Payments : $ 8. DUE THIS APPLICATION (6 MINUS 7) : 0201 -00622 - Contractor's Application for Payment 00622 - 1 F:\Engineering\Capital Projects\0201 -03128-Indian River Dnve Sidewalk-Soulh-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 .00622 M Contractors Application for Payment.doc Rev. 05101 _ CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed below; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER agairst any such Lien , security interest or encumbrance); (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act, as Amended ) have been paid and discharged , and that I have no claims against the OWNER. Dated (CONTRACTOR) By: State of County of Subscribed and sworn to before me this day of Notary Public My Commission expires: r NOTICE OF NON-PAYMENT. If one or more "Notice of Non-Payment' or `Notice to Owner" is received by the OWNER, no further payments will be approved until non- payment(s) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non-Payment' or "Notice to Owner. " r CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE) : I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the .. work performed and/or material supplied by the Contractor. ,. Dated (ARCHITECT / ENGINEER) SIGNATURE r 0201 -00622 - Contractor's Application for Payment 00622 - 2 F?Engineenng\Capltal ProjectsW201-03128-Indian River Drive Sidewalk-South-Highland Drive SWW201 Indian River Drive South Sidewalk - Contract Docs\0201 -00622 - r Contractors Application for Payment.doc Rev. 05101 CERTIFICATION OF ENGINEER / INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate , that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated (ARCHITECT / ENGINEER) SIGNATURE Accompanying Documentation : [The Remainder of Page Intentional Left Blankl dill r 4110 0201 -00622 - Contractors Application for Payment 00622 - 3 FAEngineeringZapital ProjectsM01 -03128-Indian River Dnve Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs10201 -00622 - Contradoes Application for Payment.doc Rev. 05101 t t 1 1 1 t t t f r r r t r t t t t t To: Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: Bid Schedule Percent Estimated Quantity Material Amount Completed Item Unit Price Of Values Amount Complete No. Quantity Amount Completed NStored and Stored 1 . 2. 3. 4 . 5 . 6 . 7. 8. 9. F 17. L12 TOTAL AMOUNT [Note: Total Schedule of Values Amount should equal the current Contract Price.] * * END OF SECTION 0201 -00622 - Contractor's Application for Payment 00622 - 1 FAEngineenng\Capital Projects\0201-03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 fndian River Drive South Sidewalk - Contract Docs\0201 -00622 - Contractor's Application for Payment.doc Rev. 05/01 r SECTION 00630 - Certificate of Substantial Completion r Date of Issuance : 20 OWNER: Indian River County CONTRACTOR- Contract: Project: INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS OWNER's Contract No . ENGINEER's Project No. CONTACT FOR: ( Insert Name of Contract as it appears in the Bid Documents) r This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: r To- OWNER And To - CONTRACTOR r The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be r substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto . This list may not be all- inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 0201 -00630 - Certificate of Substantial Completion 00630 - 1 F:\Engineering\Capital Pr jects\0201-03128-Indian River Drive Sidewalk-South-Highland Drive SWT201 Indian River Dnve South Sidewalk - Contract Docs\0201 -00630 - Certificate of Substantial Completion.doc Rev. 05101 The responsibilities between OWNER and CONTRACTOR for security, operation , safety, maintenance, heat, utilities , insurance and warranties and guarantees shall be as follows : All OWNER:- CONTRACTOR:- The WNER:CONTRACTOR:The following documents are attached to and made a part of this Certificate : r (For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.) This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : (Date) . • ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date ) . CONTRACTOR : r By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER : INDIAN RIVER COUNTY By: , . (Authorized Signature) * * END OF SECTION " 0201 -00630 - Certificate of Substantial Completion 00630 - 2 FAEngineenngZapilal Projects10201-03128-Indian River Drive Sidewalk-South-Highland Drive SWW201 Indian River Drive South Sidewalk - Contract DocsW201 -00630 - +� Certificate of Substantial Completion.doc Rev. 05101 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 s Controlling Law. ,. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by s ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and a Issued and Published Jointly By [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS W AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS s This document has been approved and endorsed by r The Associated General [seal] Contractors of America Construction Specifications Institute r [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 r preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) ( 1996 Edition). r EJCDC No. 1910-8 ( 1996 Edition) r TABLE OF CONTENTS Page r ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . ... ... . . . .. . . . .. . . .. ... ... ... ... ..... ... .. . .. ... ... . . .. . . . . .. . . .. ... .. . .. ... . . ... .. . . . . . ... ... ... . . . . . . .. . . . .. .6 1 .01 Defined Terms . . .. .. ... ... ... . .. . . . . . . . ... ... . . .. . ... ... . . .... . . ... ... ... ... ... ... ..... ... . . . .. ... .. . . . .. . . . . . . . . . . ... . . ... ... . . .. . . .. . . . . ... ... ... ... . . . . . ... . . .6 • 1 .02 Terminology . . .. .9 ARTICLE 2 - PRELIMINARY MATTERS.. .. . . . . . ... ... . . . .. ... ... . .. ... . . ... ... ... ... ... ... ..... ..... . . . ... ... . . .. . .. ... .. .. . .. .. . . . ... . . . . . ... . . . . ... . .. ... ... . .. ... . . . . .9 s2.01 Delivery of Bonds . ... ... ... ... . . . .. . . ... ... . . . . . . .. ... . . . ... . . . . . ... .. . . . . ... ... ..... ... . . . .. ... ... . . .. . . . . . . . . . . ... .. . .. ... . . . . . . .. .. .. . .. . .. ... ... ... .. . .. . . .9 2.02 Copies of Documents.. ... ... .. . . .. . ... ... . . . .. . .. ... ... ... . . ... .. . ... ... ... ... ..... ... .. . . . ... ... . . ... . . ... . . .. . . . ... .. ... . . .. . . .. .. . . .... .. ... ... . .. ... . . . ..9 2.03 Commencement of Contract Times; Notice to Proceed. . ... ..... ... ... .. ... ... . . ... . . ... . . .. . . . .. . . . ... . . . .. . . . .. ... ... . . ... . .. ... ... ... ..9 2.04 Starting the Work. . ... ... ... ... ... . . . . ... ... . . . .. . .. ... ... .. . . . .. . .. . ... ... ... . .. ..... ... . . . .. ... ... .. ... . . ... . . ... .. ... .. ... .. . .. . .. .. .. .... . . ... . .. ... ... . .. .. 10 2.05 Before Starting Construction .. ... . .. . ..... .. ... .. . ... .. . . . . .. ... . . . . .. . .. ..... ... ... .. . .. ... . . .. . . . ... . . .. . . . .. . .. ... . . . ... . . . . .. . . . . . . .... .. . .. ... . .. .. 10 2.06 Preconstruction Conference. . .. ... ... . . . .. ... ... ... ... . . . . . . . . ... . . . ... ... ..... ... .. . . . ... ... . . ... .. ... . . ... . . ... .. .. . .. . .. . . . .. . . . ... . . ... . . . ... ... ... .. 10 2.07 Initial Acceptance of Schedules . ... . . . . . . .. . . . .. . ... ... . . . .. ... . . . ... ... ..... ... . .. ... .. ... . . . . . . . ... .. .. . .. . .. . . .. . . . . ... . . .. .. . ... . . ... . . . ... ... ... .. 10 w ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE ... ... ... .. ... . . .. . . . .. . . . .. . .. ... .. ... .. . ... . . .. .. . ... . . .. . . .. ... . .. ... .. 11 3.01 Intent .. ... . . . . ... . . . . ... . . .... .. ... ... ... .. . . . . . ... . . . .. . .. .. . ... ... .. .. . . . . ... . . . ... . .. ..... ... ... ... .. ... .. . .. . . . .. . . . . . .. . .. .. . . . .. . ... . . . . ... ... . . ... . . . . . . ... ... .. 11 s3 .02 Reference Standards ... .. . . . . .. . . . . . ... ... . .. ... .. . . . ... ... . . . .. . . . .. . . . . ... . .. ..... ... ... .. . .. ... .. ... .. ... .. ... . . . .. . . . . . .. . ... . . .. ... ... . . . . . . .. ... ... ... .. 11 3.03 Reporting and Resolving Discrepancies . . ... ... .. .. . . .. ... .. . ... ... ..... ... ... ..... ... . . . .. . . . .. . . ... . . . .. . . . .. . .. ... . . .. ... ... .. . .. . . . ... . .. ... .. 11 3.04 Amending and Supplementing Contract Documents . .. ... . .. ..... ... . .. ..... ... .. ... . . ... .. ... ..... . .. . . ... ... . . .. ... ... .. . ... .. ... ... ... .. 11 3 .05 Reuse of Documents ... ... ... . .. .. .. .. . . .. ... .. . .. .. . . . . ... . . . . . . .. ... . . . ... ... ..... ... ... .. ... . .. . . ... . . ... . . ... . . . .. . . . .. .. . ... .. . . .. . ... ... .. . . . ... ... ... .. 12 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE • POINTS . . . .. ... . . . . ... . . . . ... . . .. . ... . .. . .. . .. .. . . . . . .. . . . . .. ... ... .. . ... .. ... ... .. . . . . ... ... ..... ... . .. .. ... ... . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . .. .. .. . . .. . . .. . ... ... .. . . .. .. 12 4.01 Availability of Lands .. ... ... . . . . . . . ... ... . . . . . ... .. . . .. .. . . . . . . . . . ... ... ... ... ..... .. ... . . . ... ... . . .. . . . ... . . .. . . . .. . . . . . . . . . . . . .. .. .. . . . . . . . . . . .. ... ... ... . . 12 4.02 Subsurface and Physical Conditions . . .. . . . . . . ... . . . . . . .. .. . .. . ... ... ..... ... . .. .. ... ... . . ... .. ... . . ... . . ... . . . . . . . . . . . .. .. . . .... . . . ... .. ... ... . . . . . 12 4.03 Differing Subsurface or Physical Conditions .. .. . . . . ... . .. ... ... ..... .. . ... . . ... ... .. ... . . . .. . . . .. ... .. . .. .. . . . .. . . . .. ... ... . . . ... . . ... ... ... .. 13 do 4.04 Underground Facilities . . . . .. . .. . . . . . ... ... ... .. . . . .. . ... ... . . . . . . . . . . . . . . . . . .... . .. . ... .... . . .. . . ... . . ... . . . .. . . . .. . . . . . .. . .. . . . . . .. . ... . . . .. . .. . . . ... . .. .. 13 4.05 Reference Points . . . . .. . .. .. . .. . ... .. . . . . . ... . .. .. . ... . . ... ... ... . . . . . . . . . . . ... ... .. ... ... ... ... .. . .. . . . . . . . . .. . . ... . . ... ... . . .. . ... . . . . .. . ... ... .. . . . ... . .. ... . . 14 4.06 Hazardous Environmental Condition at Site . . . . . .. . . . . . . . . . .. . .. ..... ... . .. ..... ... .. ... . . . .. .. ... ... .. . .. . . ... . .. .. .. .. . ... . . . ... . . ... ... ... .. 14 ARTICLE 5 - BONDS AND INSURANCE.. ... .. .. ... ... .. . ..... ... ... ... .... . . . . ... . . . ... ... ..... ... ... ... .. ... . . ... . . ... . . ... . .... . . . . . . . . ... .. .. .. . ... . . . .. . .. ... ... ... .. 16 5.01 Performance, Payment, and Other Bonds .. ... . . . ... . . . . . . .. . . .. .. ..... ... ... .. ... ... .. ... . . ... . . ... . . ... ... . . ... .. . . . .. .. . ... . . .. . ... ... .. . . .. .. 16 5 .02 Licensed Sureties and Insurers .. ... ... . ... . . .. ... ... ... .. . .. . . . . .. ... ........ ... ... ... .. . .. . . ... . . ... . . ... . . ... . .. . . ... ... .. . . .. . ... . . ... ... ... ... . .. .. 16 5.03 Certificates ofJnsurance .. .. . .. . . ... ... ... ..... . .. ... ... .. . ... .. .. . ... .. .... ..... ... ... .. ... ... ..... .. ... .. ... ... .. ... . . ... ... . . .. ... ... . . . .. ... ... ...... .. 16 5 .04 CONTRACTOR 's Liability Insurance. . .. .. ... ... ... ... .. . . . . . . . . .. . . .. ...... ... .. . ..... . . ... . . ... .. . .. ... . . ... .. . .. ... ... . ... ... . . . . . ... ... .. . . .. . . 16 5.05 OWNER 's Liability Insurance.... ... ... .. . .. . . . ... ... ... ... .. .... . . .. ... . ..... ... ... ... ..... .. ... .. ... .. ... ... .. ... .. ... . .. ....... ... .. . .. ... ... ... . . . .. 17 r 5 .06 Property Insurance.. . . . . .. . . . ... .. . . ... ... ... .. . ... . . ... ... ... ... . . . .. . 5.07 Waiver of Rights . . . . .. . . . ... . .. ... .. . . . . . ... ... ... ... .. ... ... ... ... ... ... . . . . .. . . . ... . ... ... ... .. . .. .. . .. . . ... . . ... .. . .. ... . . ... ... . . .. ... ... ... . . ... ... . .. . . . .. 18 5 .08 Receipt and Application oflnsurance Proceeds. . .. . .. . .. .. . ... ..... ... ... .... . ... .. ... . . ... . . ... . .... . .. .. ... ... . . .. ... ... ... .. ... ... . . ... ... 19 a 5.09 Acceptance of Bonds and Insurance; Option to Replace .. ..... ... ... .. .. . ... . . ... . . ... .. ... .. . .. ... . . . .. .. ... .. ... . .. . . . . . ... ... . . ... . .. 19 5 . 10 Partial Utilization, Acknowledgment of Property Insurer ..... ... ... .. ... ... . . .. . .. . . . .. . . .. . ..... ... . . . . . ... .. . . . ... .. ... ...... . . ... ... 19 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ... . .. ... . .. . . . . . ... ... ... ... ... ..... . . .... . . ... . . . . . . . ... . . . .. . . . .. .. ... .. . . . . .. ... . ... ... ... ... .. ... ... . .. ... 19 6.01 Supervision and Superintendence . .. . . . ... ... . . . . .. . . .. . ... .. . ... . .. ... ..... .. .. . . . . ... . . . .. . . ... .. ... . . ... .. . .. ... . . ... .. . . ... .. . ... ... . . .. . ... .. . . . . 19 6.02 Labor; Working Hours .. ... . . . . ... ... .. ... . . . ... ... . .. ... . . ... ... ... . .. ... ... ..... ... ... . . ... .. .. . . . . .. . . ... .. . .. . . ... .. . .. .. . . . . . . .. ... ... ... . . ... .. . .. . . . .20 6.03 Services, Materials, and Equipment . . ... ... ... ... .. ... ... ... ... ... ... ..... ..... . . . ... .. . .. . . .. . . . .. . . . ... . . ... . . . . . ... . . . . . . . ... . . . ... .. ... ... . . . . . .20 ~ 6.04 Progress Schedule .. . ... ... .. . . . . . . . . . . . . .20 . ... . . . . . . . . ... . .. . . . . . . . . . . . . . . .. . .. . ... ... ..... .. . . . . . . ... . . . . . . . . . . . . . . . . . ... . . . .. .. . . . ... . . . . . .. .. . .. . ... . . . .. .. . 6.05 Substitutes and "Or-Equals .. .. . . . .. . ... . . ... . .. . .. . .. .. ... . .. .. . ... ... ... ..... .. . ... . . ... . . . .. . . ... . . . .. . . . .. .. . .. .. . . . ... . . . . ... ... ... .. . .. ... .. . . . . . . .20 6.07 Patent Fees and Royalties .. .. .. . . . . . . . . . . . . . .. ... . . . . . . .. ... ... ... . . . .. . ... ..... . . ... . . . ... . . . . . . . .. . . . ... . . ... . . ... . . ... ... . . . . . .. ... . . . . . ... . . . . . ... ... .23 s 00700-3 Standard General Conditions of the Construction Contract PROJECT r 6.08 Permits .. .. ... ... .. .. ... ... .. .... . .. . . ... .. . ... . . ...... ........ ... ... .... . ... ..... ... .. ... .. ... ... ... ... .. ... . . ... .. . .. . .. . . . . . . . . . ... .. ... . . . .. .. . . ... ... ... . .. .. . ...23 6.09 Laws and Regulations .. ... .. ..... . . .. .. ... ..... . .. ... ... ... ... .. ... .. ... ... .. ... .. .. . ... ... .. . .. ... .. ... ... .. ... . . . . .. . .. . .. . . ... .. . .. .... ... ... ... .. . ... ...23 6. 10 Taxes ... .. .. . .. .. ... ... .. ... .. .. . .. . . .. ... . . .... . . ... . .. .. . . .. .. ... . .. ... .. ... ... .. ... .. .. . .. . .. .... .. ... .. .. . .. .. . ... .. ... . . .. . . . .. ... . . .. . .. ... .. ... .. . .. ... ... ... ...23 6. 11 Use of Site and Other Areas . .. . . . . . . .. . ... .. . .. . .. ... ... ... . . ... .. . .. . ... ... . .. ... .... .. ... . . .. . .. . . .... . . ... . . ... . . .. ... . . .. . ... .. .. .. . .... . ... ... ... .. .23 6. 13 Safety and Protection . .. ... . . .. . .. .. .. .. ... . . .... . .... ... ... ... .. ... . . ... ... .. .. . .. . .. . ... .. ... .. . . . ... .. . . . ... .. . . .. . . . . . . .. . . . .. .. . . . . . .. . . .. .. ... ... ... ...24 6. 14 Safety Representative . .. ... . . .. ... . . .. .. ... . . . ...... .. ... ... ... .. ... .. . .. . .. ... .. .. ... .... . . ... .. . .. ... .. .. . ... .. .. ... . . .. . .. .. ... ... .. .. .. ... ... ... ... ... ...25 6. 15 Hazard Communication Programs . ... .. .... .. .. . ... ... . . ...... .. ..... ... ... . . . .... . ... . .. . .... .. ... ... .. . . ... . . . . ... . . .. . ... . . .. .. . .. . .. . .. ... ... . . .25 6. 16 Emergencies ... . ..... ...... .. ... . . . . . .. .. .. . . ... ... ...... .. ... ... ... .. ... .. . .. ... .. . .. .. ... .... .. ... .. . . .. .. .. .. . . .. .. .. . .. . . .. . .. . .. . . ... . . .... . ... .. . .. ... ... ...25 6. 17 Shop Drawings and Samples . . . . . . . ... . . . .. . ... .. ... . .. ... .. ... .. ... ..... .. . ......... . . ... . .. . . ... .. .. . ... . . . . ... .. .. . .. . . . . . ... . . .. ... ... ..... ... ... .. .25 6. 18 Continuing the Work .. .. ... . . .. . .. .. . . . . ... . .. .. .. .... ...... ... .. ... .. . .. ... .. .. . .. ... .... .. ... . . ... ..... . . . ... .. .. ... .. ... . . ... . . ... .. . . . .. . .. .. . .. .. . .... . .26 6. 19 CONTRACTOR 's General Warranty and Guarantee .. ... . . ... .. ... ... . . . ... . . . .. ... . . . .. ... .. . . ... .. ... . . . . ... ... .. ..... ... . . ... ... ... ...26 6.20 Indemnification . . . .. . .. . .. .. ... . . .. ... .. .. .. ... . . .... ... .. ... ... .... . ... . .... ... . . .. . ..... .... .. . .. . . . .. . .. . . . . . ... .. . . .. . . . . . ... . . . . . ... . . .. .. .. . . .. . .. ... ... ...27 ARTICLE7 - OTHER WORK .... .. .. ... .. ... .. .... . .. ... . . .. .. .... . ... .. .... ... ... ... .. ... .. ... ... .. ... .. ......... ... .... .. .. .. ... ..... . . ... .. ..... . . ... ... . . .. ... .... . ... ... ... ...27 7.01 Related Work at Site ... . . ... . . .. ... .. .. . . . .. ........ ... ... . .. ... . . .. . .. ... ..... .. . .. ... ...... ... . .. .. .... . ... ..... .. ... . . .. ... .. ... ... . . ..... ..... ... ... ... ...27 7.02 Coordination .. . . .... . .. . .. . . .. . . . . . ... .. . . .. ... .. .. . ... ... ... . .. ... .. ... .. ... . . ... ... . . ... ... ... ... .. ... .. . . . . .. ... . . . . ... .. . .. .. . .. .. ... . . .. .. . .. . .. . .. .. . . .. ...28 ARTICLE 8 - OWNER' S RESPONSIBILITIES .. . . . . .... . . .. ...... ... . .. ... .. .. . .. ... . . ... ... . . ..... .. .. ... . . . . . . . . . . . . . . . . .. . . ... . . . . ... . . . . . ... . . .. ... . .. .. . .. ... .. ....28 8.01 Communications to Contractor.. .. ... .. ... . ... .. ... ... ... .. ... .. ... .. . . . . .... ....... .. ... . . .. . ... . . . .. .. . . . . . ... . . .. . .. ... .. ... .. . . ... .. . .. . .. ... ... ...28 8.02 Replacement of ENGINEER. .. .. . . . . ... .. . ... .. . .. .. . . .. .... . ..... ... . . .... .. . . ... .... .. ... ... . . . .. . . .. . .. ... . . ... . . . .... ... .. ... . . . . ... ... .. ... ... .. . ...28 8.03 Furnish Data .. ....... .. ... . . ... . . .. . .. .. . . .. ... .. . ... ... .. ... ... ... . .... .. ... . .. .. ... .. ... .... .. ... .. .. . .. . ... . . ... .. .. ... . . ... .. . . . .. .. . .. .. ... ... .. ... ... . .. ...28 8.04 Pay Promptly When Due . . . .. ... .. . . .. ... ...... .. ... ... ... .. . .. ... . . ... .. . .. ... .. ....... .. ... . . ... ... .. ... .. ... .. ... . . .. ... ... .. ... . . ..... ... .. ... ... .. . ...28 8.05 Lands and Easements: Reports and Tests.. ... ... .. . .. ..... ... .. . .. ... .. ......... ... ..... ... . . ... .. ... .. .... . ..... .. .. . ... .... ... ... .. . .. ... ... ...28 8.06 Insurance . .. ... .. ..... .. .. ... .. . .. . . .. ... .. . . . . ... . . . ... ... .. ... ... .. . . . ... . . ... .. . . . .. . .. .. ..... . . ... . .. .. ... .. ... .. ... . . .. . . . .. . .. .. . . . ... . . ..... . .. .. . .. ... ... . ..28 8.07 Change Orders ... . .. .. ... . . ... . . ..... .... .. ... ... .. . ..... ...... ... . . ... .. ... ... . . . .... ... .. .. .. ... .. ... . .. . . . .. .. ... . . ... . . ..... ..... ... . . ..... ..... . .. ... ... ...28 8.08 Inspections, Tests, and Approvals ... ...................... .... . ... .. ... ... ..... .... .. ... ........ ... .. ..... .. ... . . ... .. .. . .. ... .. .. ... .. ... ... ... ... . ..29 8.09 Limitations on OWNER 's Responsibilities . ... .. ... . . ... .. .. . ... ..... .. ... .... .. . .. . .. . . . .. . . . . . ... . . .. ... . . ... .. ..... ... .. .. ... ... ..... ... ......29 8. 10 Undisclosed Hazardous Environmental Condition . . . ... . ... ... . .. . .. .... . . ... ... .. . .. .. .. . ... .. . .... . . ..... .. . . . ... .. ..... ... .. ...... ... ...29 8. 11 Evidence of Financial Arrangements. ... ... ... . ....... .. ... .... . ... . .... .......... . ... .. . ..... ... . . ... . . .. ... . . ... .. ... .. ... . ... . .. .... . . .. ... ..... .29 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION .. . ...... .. .. .. ... . . .. ..... ... ... .. . .. .. ... .. ... .. . . .... . ... . . .. . .... ... ... .. . .. ... ... . . .29 9.01 OWNER 'S Representative . .... . ... . . . . . . ... ... ... .. . ... .. ... .. ... .. ... ... . . . . . .. .. . .. . . .. . .. ... ..... .... . ... .. ..... . . ... .. ... . . ... .. ..... ..... ... ... ... . ..29 9.02 Visits to Site . . . . ....... . ...... . .. .. ..... .. . . .. ... ... . .. ... ... ... ..... .. ... .. ... ... . .... ..... .. .. . .... ... ... .. ... . . ... .. ... .. .. .. . .. ... . . ... .. .. ... .. . .. ... ... ... ...29 9.03 Project Representative .... .. ... . . ... . .. ... ... ...... ... ... .. ... . . ... .. . .. ... ... . . .. . .. .. . . .. . . . ... ... .. . . .. . ... .. .. . .. . . ... .. ... .. ... ....... ..... ......... ...29 9.04 Clarifications and Interpretations...... ... ... ... ..... ... .. ... ..... ...... . ...... .. .. .. ... ... ..... .. ... ... . . ..... . . .... . ... . . . .. .... ... ... .. ... ... ... ...29 9.05 Authorized Variations in Work.. . .. . .. . .. ... ... ... ... . .... .. ... .. . .. ... . .. . . .... . .. . . ... . . ... ... . . ... . . ... .. ... .. .. ... .. .... ... ........ ... .. ... ... ... ...30 9.06 Rejecting Defective Work .. ... .. ... . ... .. . .. ... ... ... ... ..... .. . .. ..... ... ..... ... .. . ... ..... ... ... .. ... .. ... .. ... .... ... .. ... ..... ...... . ..... ...... ... ...30 9.07 Shop Drawings, Change Orders and Payments . . . ... ..... . .. ... . . .... . .. . . ... .. ... ... .. . ... . ... .. ... .. .... . .. . .. . . .. . ..... .. ... . . ... ... . .. ...30 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work. ... .. .. . .. .... . .. . . . ...... . ... . .... ... ... ...30 9. 10 Limitations on ENGINEER 's Authority and Responsibilities . . . .. .. . . . . . . .. ... . . ... . . .. . .. ... .. .. .. . ... . . . . .. . ..... . . .. . . . ... ... ... ...30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . ... ... ... ... . .. .. ........ ..... ... .. . .. . . .. .. ... .. ... ... ... .. .. . .. .. ... . ...... ... .. ............ ... ..... ... .... . .31 10.01 Authorized Changes in the Work ... ..... . .. ... ... ... .. ... . . . .. ... . .... ... .. . . .. .. ... ........ .. . . . .. . . . .. . .. .... . . . ... .. ... ... .... . . . .. ..... ... ... . ..31 10.02 Unauthorized Changes in the Work. .... .. ... ... ... . . ... . .... ... . . ... ... . . .. .. .. . .. .. .... . . . .... .. ... .. ... .... . . . ... . . ... .. ....... ... .. . .. . .. ... ...31 10.03 Execution of Change Orders . .. .. ..... .. . ..... .. . ... ... . . ... . . . .. ... . . ...... .. . . . . . . ... .... . ... ... .. ..... .. ... ...... . . .. .. ... .. . .... .. ........ ... ... ...31 10.04 Notification to Surety. .. ... .. ... . . . . .. .. ... . ....... ... ... . .. .. .. . .. . .. ... . . . .. ... . . . . .. . . . .. ... . . . .. ... . . . . . . . .. . .. .. . . . . . . . . . . ... . . . . .. . .. .. . .. ... ... ... . .. 31 10.05 Claims and Disputes. . . . . .. .. .. . .. .. .. .. ... ... ..... ... ... ... . . ... . . ... ..... ... ... .. .. . . .. ... .. ... ... .. . . . .. . . . .. ... .. .... . .. . .. ... .. . .... ..... ........ . .. ...31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK. . .. . . . .. . . . .. ... .. ... .. .. . .. ..... ..... .. ... . . ... ... ... ...32 11 .01 Cost of the Work . . . ... . . ... . . .. ... .. .. .. .. . .. ...... .. . .. . .. ... . . .. . . .... .. . .. ... ... . . . . .. .. ... .. . .... .... .. ... . . .. ... .. .. . . . .. ... ... .. ..... . . . .. .. ... ...... ...32 11 .02 Cash Allowances . . ... . . ....... .. . .. .. .. . . . .. .. .... . . .. . ... ... . . ... . . ... ... ..... .... . . . . . .. . . . .. . .. . .. ... .. . ... . .. ... . . . . . .. .. . .. ... .. ..... .. ... .. ...... ... ...34 11 .03 Unit Price Work. . .. ... . . .. . .. .. .. . .. .. .. . . .. . ... ... .. . .. ... ... . . .. . . .... ... . . ... ..... .. . . ... . . ... .. . . . ... . . . .. . . .. . . . .. .. . .. ... . . .... . .. ... .. . .. ... .. ... ... ...34 00700-4 Standard General Conditions of the Construction Contract PROJECT .. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . .. . .. . .. . . . .. . . ... . . .. . . .. .. ... . . .. ... ... . . . .. . . .. . . .. .35 12.01 Change of Contract Price . . . . . . . . . . . . . .. . ... . .. . . . ... . . . . . . .. . . . . . . . . . .. . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . ... ... ... ... ... .. . .. . . .35 12.02 Change of Contract Times . . .. . . ... . . . ... .. .... .. .. . . .. ... . . ... ... ... ... ... .. . . . .. .. . ... ... ... . . ... . . . . . ... . . ... . . .. . .. ... . . . . . .. .. . .. .... ... ... ... . . . ..35 r 12 .03 Delays Beyond CONTRACTOR 's Control . .. . .. ... ... . . . . . . .. ... ... .. ... ... . .. ... ... . . ... . . . .. ... . . . . ... . . . . . . . . . . ... . ... ... ... ... ... ...... . ..35 12.04 Delays Within CONTRACTOR 's Control..... ... .. . . . ... ...... ... ... .. .... .... . .. . ... . . ... .. ... . . ... . . ... .. .. . .. ... . . . . ... ... . . . ... ... ... ... . ..36 12.06 Delay Damages ... .. . .. . .. . . . .. . ..... .. . .. .. . . .. ... ... ... ... . . . .. ... ... .. . . .. .. .. . . . ... ... ... ... ... .. . . . ... .. ... .. ... . . ... . . ... .. . .. .. .. ... ... . ... .. .... .. . ...36 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK .. . .. . .. .. . . . . . . . . . . . . . . ... . .. ... . . . .. . . . . .. . .. ... . . . .. .. . ... ... .. . ..... . . . . . .. . . . . . . . . .. .. . . . .. . . . .. . . . .. . .. . . . . . . . . . . . . ... ... ... ... ... . . . .. . ..36 13.01 Notice of Defects.. . .. . .. . . . . . . .. . .. .. . . . . . . . . . .. . . . . ... .. . . . . . . . .. ... . .. .. . . . . . . . ... . ... .. . ... . . . .. . . . . . . . . . . . ... . . .. . . . . . . . . .. . . . . . . . . . .. . . . .. . .. . . . . ... . . . ..36 13 .02 Access to Work .. ... . . . . . ... .. . . . . . . . . . . . . .. ... ... ... .. . ... . . ... .. . . . . . . . . . . .. ... .. . . . .. . ... . . . .. . . .. . . .. . . . . .. . . . .. . . ... . . .. . . . . .. ... . . .. .. . ... .. . ... . .. ... . . .36 13 .03 Tests and Inspections . . . .. . .. .. . .. .. . . . . . . . . . ... . . . ... . .. . . . . . ... ... ... ... .. . . .. .. .. .. . ... . . . .. . . .. .. . .. ... . . ... .. .. . .. . . . . . . . . . . . . ... ... .. . ... . . . ... ... ...36 13 .04 Uncovering Work .. ... . . . ... . . . . .... .. . . . ... ... ... ... . .. .. .. . .. . . . . . . . . . ... ... ... ..... ... . .. ... ... .. .. . .. . . . ... . . .. . .. .. . . . . . . . . . .. .. . . .. . ... . . . ... . . . . . . . . . .37 r13 .05 OWNER May Stop the Work . ... ... ... .. . .. . . . ... . . . ... . . ... ... ... ... ... ... ... . .... .. .. .. . . . . . .. . . . . . . . . ... . . ... . . ... . . . .. ... . ... ... . . .... ... ... ... ... .37 13.06 Correction or Removal of Defective Work... ... .. ... . . . . .. .. .. .... . .... ... ... ... ... .. . . . ... ..... .. . .. .. . .. .. ... ... . . . ... . ... .. .... .. . ... .. . ... .37 13 .07 Correction Period.... ... ... .. . . ... ...... ... ... ... ... .. . ... .. ... ... .. ... ... ... ... ..... ... ...... ... ... .. .. . . . ... .. ... .. .. . . . ... . . . .. ... . .... .. ... ... .... . . ... . .37 w 13 .08 Acceptance of Defective Work ... .. . .. ... ...... ... ... . . ... ... ... ... ... ... ..... .. . .. ... . . . .. . .. . . . ... . . ... . . ... . . ... . . .. . . . . . ... ... .. .... ... ... ... ... ..38 38 13.09 OWNER May Correct Defective Work.. .. . ... . . .. . ... . . .. . ... ... ... . .. . . ... ... ... ... ... . . ... . . . .. . . . .. . . . .. . . . .. ... . . .... ... . . . .... . . . . . . ... . . . .. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .. . .. .. . ... ... ... ... ... ... . . .. . . . ... . . ... . . ... . . ... . . ... .. . . . ..... . ... . . . ... ... ...39 " 14.01 Schedule of Values ... ... ... . . . . .. . ..4 ... ... .. . . . ... ... ... ... ... . . . ... .39 . . . . ... . . . ... . . .. . ... ... ... ... ... .. ...... .. .... .. .. . . . . . . . . . . . ... . . ... . . . . . . .. . . ... . . . 14.02 Progress Payments . .. . . ... .. . ..... .. . . . ... ... ... .. . . .. ... .. . . . ... .. . .. . . . . . . .. . . . . . . ... ... ... ... ... . . . .. ... .. ... .. .. . . . . . . .. .. . . . . .. . . .. . . . .. . . . . . . . . . .. ... . 39 14.03 CONTRACTOR 's Warranty of Title . . . ..... . . . . .. . .. . . . .. ... ... ... ... ....... . .. .... .. . .. ... . . . . . . . . .. .. . . . .. . . . . . . . . . .. .... .. . ... ... ... ... . . . . .. ..41 .r 14.04 Substantial Completion . .. . .. .. ... . . ... ... ... .. . ... .. . . . . . . ... . .. ... . .. ... . . . .. . . ... .. . ... ... ... . . ... ... . . ... . . .. . . . . .. .. ... . . . . .. . . .. . . . . .. . . . .. . ... . .. . .41 14.05 Partial Utilization. .. . . . . .. .. . .. . . . . . . .. . . . ... .. . ... .. .. . . .. ... . . . . . ... ... ... ... ... .. .. ... . .. . .. .... .. . .. . . ... . . . .. . . .. . .. . . . . . . .. ... . ... ... ... ... ... ... ... . ..41 14.06 Final inspection ...... ... .. . .. .. . .. ... .. . .. . . . . .. ... ... ... .. . . . ... ... ... .. . ... . . . . .. .... ... ... ... ... ... .. ... .. ... .. .. . . . .. . . . ... .. . .. .. . .. ... . .. . . .... .. . . .....42 s14.07 Final Payment . ... .. ... . .. ... .. . . . .. ... ... ... ... ... .. ... . . . ... ... .. ... . . . ... ... ... .. ... ... . . ... . .. ... ... . . . .. . .. . . . . ... .. ... . . . . . ... . . .. ... ... ... ... ... ... ... .42 14.09 Waiver of Claims . .. ... . . . .. . .. ..... ... . . .. . . . . ... . .. ... . .. ... .. ... ... ... ... .. . . . . .. . . ... ... ... ... ... . . . .. ... .. ... .. .. . .. . . . .. ... . . . . . . . ... . . . ... . . . ... ... ... .43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . .. . ... . .. ... . .. ... . ... . . . ... ... ... . . . . . ... . . ... . . . . . . . ... . . ... .. . .... . . . . . . ... ... .. . ... . .. ..43 'O 15.01 OWNER May Suspend Work . . . ... ... ... ... . . . ... . . . .. . .. .. . . . . .43 . . . . . . . . ... ..... ... ... ... ... ... . . . . . . . . .. . . . . . . . ... . . . . . ... .. ... . ... . . . ... . .. ... . . . . . 15 .02 OWNER May Terminate for Cause. . . .... . . ... ... ... . . . .. ... ... ... ... ..... .. . .. ... ... ... . .. . . ... . . . .. ... .. .. . .. . . . . . ... . . .. ... .. .... ... ... ... ... ...43 15 .03 OWNER May Terminate For Convenience . . .. . .. ... . . . . . . . . ... ... . . . .. ... ... ... ... .. . .. .. . . . ... . . ... . . ... . . ... . . .. . .. . . . . . ... . . . . .. .. . . . . ... .44 ..r 15 .04 CONTRACTOR May Stop Work or Terminate . . . . .. . . . . . .. ... ... .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . .. .. . . . .. ... .. . ... . .. .. . .. . . .. .44 ARTICLE16 - DISPUTE RESOLUTION ... . . . ..... . . ... ... ... .. . ..... . .. ... .. . .. ... ... ... ... ... .... . .. . . . .... .. ... ... .. ... .. . . . .. ... .. ... . . .. . ... . . .. ... ... ... ... ... ... . .. ..44 r16.01 Methods and Procedures ..... ... . . ... ... ... ... ... ... . . . .. ... ... ... ... ... ... ... . ... ... ... ... ... .. ... ... .. ... . . ... .. .. . .. ... . . . ..... .. . . ... ... ... . .. ... ...44 ARTICLE17 - MISCELLANEOUS . ... .. ... . .. . . ... .. ... .. . . .. . . ... ... ... ... ... .. . .. ... ... ... ... ... .... . . . ... ... .. . ... ... .. ... .. ... .. ... .. ... ... . . ... .... ... .. ... ... ... ... ... . .. .44 17 .01 Giving Notice.. .. .. . ... ... . .. . . . . . .. ... . . ... ... ... ... ... ... . . . .. ... ... ... . . . ... .. .... . ... ... ... ... . .. . . ... . . . .. . . . . . . . . . . ... . . ... .. . .... .. . .. ... ... ... ... ... ... .44 r17.02 Computation of Times . ... . . . . . . . . .. .. . ... . . .... .. ... ... ... . . . . . ... ... ... ... ... .. ... . .. .. ... ... . . . ... .. ... .. . .. .. ... .. ... .. . . . .. . . ... ... ... . . ... .. . . .. ... . .45 17.03 Cumulative Remedies . . . . ... ..... . . ... ... . .. ... ... ... ... . .. .. ... ... .. . . .. . . .. .. . ... ... ... ... ... .. . . . ... . . . . . .. .. . .. ... . . ... .. . . . . . . . ... ... ... . . . ... ... . . . ..45 17.04 Survival of Obligations.. . . .. .. . ... ... ... ... ... ... .. . . . ... ... . . . .. . . . ... ... ... .. ... ... .. . . .. .. .. . ... . . ... .. ... . . ... . . . .. ... . . ... .... ... . . . ... . . ... . . . ... ...45 17.05 Controlling Law . .. ... .... .. .. ..... ... .. ... ... ... ... .. . ... .. . . . ... .. . ... ... ... . .. .. . . ... ... ... ... ... . . .. . . . .. . . . . . . .. ... .. ... ... .. .... . .. ... ... ... ... ... .. . .. .45 s 00700-5 Standard General Conditions of the Construction Contract PROJECT GENERAL CONDITIONS NOTE : SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY CONDITIONS. IN THESE INSTANCES, THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIED HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR'S CONVENIENCE. REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE, ARTICLE I - DEFINITIONS AND TERMINOLOGY 8. Bonds--Performance and payment bonds and other instruments of security. 1 .01 Defined Terms 9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and A. Wherever used in the Contract Documents and OWNER and authorizes an addition, deletion, or revision in printed with initial or all capital letters, the terms listed the Work or an adjustment in the Contract Price or the below will have the meanings indicated which are Contract Times, issued on or after the Effective Date of the applicable to both the singular and plural thereof. Agreement. 1 . Addenda—Written or graphic instruments 10. Claim--A demand or assertion by OWNER or issued prior to the opening of Bids which clarify, correct, or CONTRACTOR seeking an adjustment of Contract Price or change the Bidding Requirements or the Contract Contract Times, or both, or other relief with respect to the Documents. terms of the Contract. A demand for money or services by a third party is not a Claim. 2. Agreement--The written instrument which is evidence of the agreement between OWNER and 11 . Contract--The entire and integrated written CONTRACTOR covering the Work. agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior 3 . Application for Payment--The form negotiations, representations, or agreements, whether acceptable to ENGINEER which is to be used by CON- written or oral. TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied 12. Contract Documents--The Contract Docu- by such supporting documentation as is required by the ments establish the rights and obligations of the parties and Contract Documents. include the Agreement, Addenda (which pertain to the Con- tract Documents), CONTRACTOR's Bid (including docu- 4. Asbestos—Any material that contains more mentation accompanying the Bid and any post Bid than one percent asbestos and is friable or is releasing documentation submitted prior to the Notice of Award) asbestos fibers into the air above current action levels when attached as an exhibit to the Agreement, the Notice to established by the United States Occupational Safety and Proceed, the Bonds, these General Conditions, the Health Administration. Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the 5. Bid--The offer or proposal of a bidder submit- Agreement, together with all Written Amendments, Change ted on the prescribed form setting forth the prices for the Orders, Work Change Directives, Field Orders, and Work to be performed. ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. 6. Bidding Documents--The Bidding Approved Shop Drawings and the reports and drawings of Requirements and the proposed Contract Documents (in- subsurface and physical conditions are not Contract cluding all Addenda issued prior to receipt of Bids). Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in 7 . Bidding Requirements--The Advertisement or electronic media format of text, data, graphics, and the like Invitation to Bid, Instructions to Bidders, Bid security form, that may be famished by OWNER to CONTRACTOR are if any, and the Bid form with any supplements. not Contract Documents. 00700-6 Standard General Conditions of the Construction Contract PROJECT 13 . Contract Price—The moneys payable by OWNER to CONTRACTOR for completion of the Work in 24. Hazardous Waste--The term Hazardous accordance with the Contract Documents as stated in the Waste shall have the meaning provided in Section 1004 of Agreement (subject to the provisions of paragraph 11 .03 in the Solid Waste Disposal Act (42 USC Section 6903) as the case of Unit Price Work). amended from time to time. 14. Contract Times--The number of days or the 25. Laws and Regulations; Laws or Regulations-- .w dates stated in the Agreement to: (i) achieve Substantial Any and all applicable laws, rules, regulations, ordinances, Completion; and (ii) complete the Work so that it is ready codes, and orders of any and all governmental bodies, for final payment as evidenced by ENGINEER's written agencies, authorities, and courts having jurisdiction. recommendation of final payment. � 26. Liens--Charges, security interests, or 15 . CONTRACTOR--The individual or entity with encumbrances upon Project funds, real property, or personal whom OWNER has entered into the Agreement. property. 16. Cost of the Work--See paragraph 11 .0 LA for 27 . Milestone--A principal event specified in the definition. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the W 17. Drawings--That part of the Contract Work. Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the 28. Notice of Award—The written notice by Work to be performed by CONTRACTOR. Shop OWNER to the apparent successful bidder stating that upon Drawings and other CONTRACTOR submittals are not timely compliance by the apparent successful bidder with Drawings as so defined. the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, 29. Notice to Proceed--A written notice given by but if no such date is indicated, it means the date on which OWNER to CONTRACTOR fixing the date on which the iD the Agreement is signed and delivered by the last of the two Contract Times will commence to run and on which parties to sign and deliver. CONTRACTOR shall start to perform the Work under the Contract Documents. 19. ENGINEER--The individual or entity named as such in the Agreement. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into 20. ENGINEER 's Consultant—An individual or the Agreement and for whom the Work is to be performed. entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional 31 . Partial Utilization--Use by OWNER of a associate or consultant with respect to the Project and who substantially completed part of the Work for the purpose for r is identified as such in the Supplementary Conditions. which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 21 . Field Order--A written order issued by ENGINEER which requires minor changes in the Work but 32. PCBs--Polychlorinated biphenyls. which does not involve a change in the Contract Price or the Contract Times. 33 . Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of r 22. General Requirements--Sections of Division temperature and pressure (60 degrees Fahrenheit and 14.7 1 of the Specifications. The General Requirements pertain pounds per square inch absolute), such as oil, petroleum, to all sections of the Specifications. fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, 34. Project--The total construction of which the Hazardous Waste, or Radioactive Material in such Work to be performed under the Contract Documents may quantities or circumstances that may present a substantial be the whole, or a part as may be indicated elsewhere in the danger to persons or property exposed thereto in connection Contract Documents. with the Work. i 00700 - 7 35. Project Manual--The bound documentary 44. Supplementary Conditions--That part of the information prepared for bidding and constructing the Contract Documents which amends or supplements these Work. A listing of the contents of the Project Manual, General Conditions. which may be bound in one or more volumes, is contained in the table(s) of contents. 45. Supplier--A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct 36. Radioactive Material--Source, special nucle- contract with CONTRACTOR or with any Subcontractor to ar, or byproduct material as defined by the Atomic Energy firmish materials or equipment to be incorporated in the Act of 1954 (42 USC Section 2011 et seq.) as amended Work by CONTRACTOR or any Subcontractor, from time to time. 46. Underground Facilities--All underground 37. Resident Project Representative--The autho- pipelines, conduits, ducts, cables, wires, manholes, vaults, rized representative of ENGINEER who may be assigned to tanks, tunnels, or other such facilities or attachments, and the Site or any part thereof any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum 38 . Samples--Physical examples of materials, products,. telephone or other communications, cable equipment, or workmanship that are representative of some television, water, wastewater, storm water, other liquids or portion of the Work and which establish the standards by chemicals, or traffic or other control systems. which such portion of the Work will be judged. 47. Unit Price Work--Work to be paid for on the 39. Shop Drawings—All drawings, diagrams, basis of unit prices. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- 48. Work--The entire completed construction or TRACTOR and submitted by CONTRACTOR to illustrate the various separately identifiable parts thereof required to some portion of the Work. be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, 40. Site--Lands or areas indicated in the Contract services, and documentation necessary to produce such Documents as being furnished by OWNER upon which the construction, and furnishing, installing, and incorporating Work is to be performed, including rights-of-way and all materials and equipment into such construction, all as easements for access thereto, and such other lands fiunished required by the Contract Documents. by OWNER which are designated for the use of CONTRACTOR. 49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of 41 . Specifications--That part of the Contract the Agreement and signed by OWNER and recommended Documents consisting of written technical descriptions of by ENGINEER ordering an addition, deletion, or revision materials, equipment, systems, standards, and workmanship in the Work, or responding to differing or unforeseen as applied to the Work and certain administrative details subsurface or physical conditions under which the Work is applicable thereto. to be performed or to emergencies. A Work Change Directive will not change the Cortract Price or the Contract 42. Subcontractor--An individual or entity having Times but is evidence that the parties expect that the change a direct contract with CONTRACTOR or with any other ordered or documented by a Work Change Directive will be Subcontractor for the performance of a part of the Work at incorporated in a subsequently issued Change Order the Site. following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 43. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the 50. Written Amendment--A written statement point where, in the opinion of ENGINEER, the Work (or a modifying the Contract Documents, signed by OWNER and specified part thereof) is sufficiently complete, in CONTRACTOR on or after the Effective Date of the accordance with the Contract Documents, so that the Work Agreement and normally dealing with the nonengineering or (or a specified part thereof) can be utilized for the purposes nontechnical rather than strictly construction-related aspects for which it is intended. The terms "substantially complete" of the Contract Documents. and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof, 00700 - 8 r r 1 .02 Terminology 1 'rt, _ AArefd '-'-,,, when used in ^....nee nen ;A4=—ter,ices, -m...eria, r equipment, „win A. Intent of Certain Terms or Adjectives mean to put into use of plaee in fing pesifiAn gaid ,ea an 1 . Whenever in the Contract Documents the headed-use haeFials; or equipment ..,.. terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives `reasonable," 3 . The 'AtordA r "suitable," "acceptable," "proper," "satisfactory," or U.Spla in esimection voth senwes, materials, '" adjectives of like effect or import are used to describe " """" to fiffni ' and '"""" said an action or determination of ENGINEER as to the sefyiees, materials, _ equipawnt ^^----' "^'' 'e" '°; Work, it is intended that such action or determination fef inieuded lisp will be solely to evaluate, in general, the completed Work for compliance with the requirements of and Paragraph DA has been deleted in its entirety. information in the Contract Documents and confor- 4 When "�mtish "install," ,!,fie r mance with the design concept of the completed Project a " th as a functioning whole as shown or indicated in the materials, of equ*rmntcleEff " _e""" Contract Documents (unless there is a specific statement an obhgation of CONTRACTOR,CTOR «r evide indicating otherwise). The use of any such term or implied, adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the E. Unless stated otherwise in the Contract Docu- performance of the Work or any duty or authority to ments, words or phrases which have a well-known technical r undertake responsibility contrary to the provisions of or construction industry or trade meaning are used in the paragraph 9. 10 or any other provision of the Contract Contract Documents in accordance with such recognized Documents. meaning. a B . Day ARTICLE 2 - PRELIMINARY MATTERS 1 . The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 2 .01 Delivery of Bonds a C. Defective A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver 1 . The word "defective," when modifying to OWNER such Bonds as CONTRACTOR may be the word "Work," refers to Work that is required to furnish. " unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not 2.02 Copies of Documents meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract A. OWNER shall furnish to CONTRACTOR up to Documents, or has been damaged prior to ten copies of the Contract Documents. Additional copies ENGINEER' s recommendation of final payment . will be furnished upon request at the cost of reproduction. a Paragraphs D.1, 2 and 3 have been deleted and replaced 2 .03 Commencement of Contract Times; Notice to by new paragraphs. See the Supplementary Conditions. Proceed a D. Furnish, Install, Perform, Provide A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if } The vve d "fnnus'' " 3A41eft USOawn a Notice to Proceed is given, on the day indicated in the ,,,,,-_„o•_ „ : h --- , ----, __ erial e ne t, Notice to Proceed. A Notice to Proceed may be given at a s �+ and a .e a "e" any time within 30 days after the Effective Date of the rr , materials, ' equipment tothe Site (of some =limos Agreement. hi no event will the Contract Times commence spefa , ) _-a d, r_ use of :RsWi. tion an to run later than the sixtieth day after the day of Bid opening ain osable or operable eandition. or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. a ,r 00700 - 9 2.04 Starting the Work deli.,°_ t., the other with pies to each additional :.,".. eg identified the Supplementary pleme ry Conditions e_tifioates-of A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No them or ary additional :.. .._ed m reasonably -o,.. . est) Work shall be done at the Site prior to the date on which the h ' h GONTn A CTOn and OWNER Fespeotivel. "_ _ Contract Times commence to run. required to p�h -se and maintain in Aoot;FdAnee �Ai Artisle 5 2.05 Before Starting Construction rT Paragraph 2.06.A has been deleted and replaced with a A. CONTRACTOR 's Review of Contract Documents: new paragraph. See the Supplementary Conditions. Before undertaking each part of the Work, 2. 06 Preconstruction Conference CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures A . Witliin on days "fie_ tl., C;e11ti_,.. T:...es start therein and all applicable field measurements. Fan, but before any Work at die Site is started a ,.,...e CONTRACTOR shall promptly report in writing to at4ended by GONTn ACTOo ct,lnrhmco and ..the_.. " ENGINEER any conflict, error, ambiguity, or discrepancy apprepnate will be 'yield to estab'.icE a ^-=v-^b which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER discussthy, sehed..les -'`"'ed ._.._.h 2 nc n before proceeding with any Work affected thereby; proceduEes f_ h.... ,." and ,.the_ however, CONTRACTOR shall not be liable to OWNER h :»"' " _ " __'< .ions for Paymef* 41d or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known 2 .07 Initial Acceptance of Schedules thereof. A. Unless otherwise provided in the Contract Docu- B. Preliminary Schedules: Within ten days after the ments, at least ten days before submission of the fust Effective Date of the Agreement (unless otherwise specified Application for Payment a conference attended by CON- in the General Requirements), CONTRACTOR shall TRACTOR, ENGINEER, and others as appropriate will be submit to ENGINEER for its timely review: held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with I . a preliminary progress schedule indicat- paragraph 2.05 .B . CONTRACTOR shall have an ing the times (numbers of days or dates) for starting additional ten days to make corrections and adjustments and and completing the various stages of the Work, to complete and resubmit the schedules. No progress including any Milestones specified in the Contract payment shall be made to CONTRACTOR until acceptable Documents; schedules are submitted to ENGINEER. 2. a preliminary schedule of Shop Drawing 1 . The progress schedule will be acceptable and Sample submittals which will list each required to ENGINEER if it provides an orderly progression submittal and the times for submitting, reviewing, of the Work to completion within any specified and processing such submittal; and Milestones and the Contract Times. Such accep- tance will not impose on ENGINEER responsibility 3 . a preliminary schedule of values for all of for the progress schedule, for sequencing, schedul- the Work which includes quantities and prices of ing, or progress of the Work nor interfere with or items which when added together equal the Contract relieve CONTRACTOR from CONTRACTOR's Price and subdivides the Work into component parts full responsibility therefor. in sufficient detail to serve as the basis for progress payments during performance of the Work. Such 2. CONTRACTOR's schedule of Shop prices will include an appropriate amount of Drawing and Sample submittals will be acceptable overhead and profit applicable to each item of to ENGINEER if it provides a workable Work. arrangement for reviewing and processing the required submittals. Paragraph 2.05.0 has been deleted and replaced with a new paragraph. See the Supplementary Conditions. 3 . CONTRACTOR's schedule of values G r. .r.a..nee of Insuizance. Before any x efk at rho will be acceptable to ENGINEER as to form and Site is stai4ed, GONTR GTOn and 01AWER ,.h" ll each 00700 - 10 substance if it provides a reasonable allocation of the the Work or any duty or authority to undertake Contract Price to component parts of the Work. responsibility inconsistent with the provisions of the Contract Documents. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, 3 .03 Reporting and Resolving Discrepancies AMENDING, REUSE A. Reporting Discrepancies r 3 .01 Intent 1 . If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- A. The Contract Documents are complementary; guity, or discrepancy within the Contract Documents what is called for by one is as binding as if called for by all. or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the performance of the Work or of any standard, ,. B . It is the intent of the Contract Documents to specification, manual or code, or of any instruction describe a functionally complete Project (or part thereof) to of any Supplier, CONTRACTOR shall report it to be constructed in accordance with the Contract Documents. ENGINEER in writing at once. CONTRACTOR Any labor, documentation, services, materials, or equip- shall not proceed with the Work affected thereby ment that may reasonably be inferred from the Contract (except in an emergency as required by paragraph Documents or from prevailing custom or trade usage as 6. 16.A) until an amendment or supplement to the being required to produce the intended result will be Contract Documents has been issued by one of the .� provided whether or not specifically called for at no methods indicated in paragraph 3 .04; provided, additional cost to OWNER. however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any C. Clarifications and interpretations of the Contract such conflict, error, ambiguity, or discrepancy unless ' Documents shall be issued by ENGINEER as provided in CONTRACTOR knew or reasonably should have Article 9 . known thereof. +� 3 .02 Reference Standards B. Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1 . Except as may be otherwise specifically Regulations stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in 1 . Reference to standards, specifications, resolving any conflict, error, ambiguity, or manuals, or codes of any technical society, organza- discrepancy between the provisions of the Contract tion, or association, or to Laws or Regulations, Documents and: whether such reference be specific or by implication, shall mean the standard, specification, manual, a. the provisions of any standard, i code, or Laws or Regulations in effect at the time of specification, manual, code, or instruction opening of Bids (or on the Effective Date of the (whether or not specifically incorporated by Agreement if there were no Bids), except as may be reference in the Contract Documents); or otherwise specifically stated in the Contract Documents. b. the provisions of any Laws or Regulations applicable to the performance of the 2. No provision of any such standard, Work (unless such an interpretation of the provi- .� specification, manual or code, or any instruction of a sions of the Contract Documents would result in Supplier shall be effective to change the duties or violation of such Law or Regulation). responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- 3 .04 Amending and Supplementing Contract ' tants, agents, or employees from those set forth in Documents the Contract Documents, nor shall any such provision or instruction be effective to assign to A. The Contract Documents may be amended to dW OWNER, ENGINEER, or any of ENGINEER's provide for additions, deletions, and revisions in the Work Consultants, agents, or employees any duty or or to modify the terms and conditions thereof in one or authority to supervise or direct the performance of r 00700 - 11 i more of the following ways : (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B . Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record B. The requirements of the Contract Documents may legal title and legal description of the lands upon which the be supplemented, and minor variations and deviations in the Work is to be performed and OWNER's interest therein as Work may be authorized, by one or more of the following necessary for giving notice of or filing a mechanic's or ways: (i) a Field Order; (ii) ENGINEER's approval of a construction lien against such lands in accordance with Shop Drawing or Sample; or (iii) ENGINEER's written applicable Laws and Regulations. interpretation or clarification. C. CONTRACTOR shall provide for all additional 3 .05 Reuse of Documents lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- A. CONTRACTOR and any Subcontractor or ment. Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect 4.02 Subsurface and Physical Conditions contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, A. Reports and Drawings: The Supplementary Specifications, or other documents (or copies of any Conditions identify: thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media 1 . those reports of explorations and tests of editions; and (ii) shall not reuse any of such Drawings, subsurface conditions at or contiguous to the Site Specifications, other documents, or copies thereof on that ENGINEER has used in preparing the Contract extensions of the Project or any other project without Documents; and written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This 2. those drawings of physical conditions in prohibition will survive final payment, completion, and or relating to existing surface or subsurface struc- acceptance of the Work, or termination or completion of the tures at or contiguous to the Site (except Contract. Nothing herein shall preclude CONTRACTOR Underground Facilities) that ENGINEER has used from retaining copies of the Contract Documents for record in preparing the Contract Documents. purposes. B . Limited Reliance by CONTRACTOR an Technical A new Section, 3.06 — "Coordination of Plans, Data Authorized. CONTRACTOR may rely upon the Specifications, and Special Provisions" has been added. general accuracy of the "technical data" contained in such See the Supplementary Conditions. reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in ARTICLE 4 - AVAILABILITY OF LANDS; the Supplementary Conditions. Except for such reliance on SUBSURFACE AND PHYSICAL CONDITIONS; such "technical data," CONTRACTOR may not rely upon REFERENCE POINTS or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 4.01 Availability of Lands 1 . the completeness of such reports and drawings for CONTRACTOR's purposes, including, A. OWNER shall furnish the Site. OWNER shall but not limited to, any aspects of the means, notify CONTRACTOR of any encumbrances or restrictions methods, techniques, sequences, and procedures of not of general application but specifically related to use of construction to be employed by CONTRACTOR, the Site with which CONTRACTOR must comply in and safety precautions and programs incident performing the Work. OWNER will obtain in a timely thereto; or manner and pay for easements for permanent structures or permanent changes in existing facilities. If CON- 2. other data, interpretations, opinions, and TRACTOR and OWNER are unable to agree on entitle- information contained in such reports or shown or ment to or on the amount or extent, if any, of any adjust- indicated in such drawings; or ment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, 3 . any CONTRACTOR interpretation of or CONTRACTOR may make a Claim therefor as provided in conclusion drawn from any "technical data" or any paragraph 10.05 . 00700 - 12 such other data, interpretations, opinions, or infor- mation. a. such condition must meet any one or more of the categories described in paragraph New Paragraphs 4.02.C, 4.02.13, and 4.02.E have been 4.03A; and + added. See the Supplementary Conditions. b. with respect to Work that is paid for on a 4.03 Differing Subsurface or Physical Conditions Unit Price Basis, any adjustment in Contract + Price will be subject to the provisions of para- A. Notice: If CONTRACTOR believes that any graphs 9.08 and 11 .03 . subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 2. CONTRACTOR shall not be entitled to + any adjustment in the Contract Price or Contract 1 . is of such a nature as to establish that any Times if: "technical data" on which CONTRACTOR is + entitled to rely as provided in paragraph 4.02 is a. CONTRACTOR knew of the existence materially inaccurate; or of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect + 2. is of such a nature as to require a change of Contract Price and Contract Times by the in the Contract Documents ; or submission of a Bid or becoming bound under a negotiated contract; or 3 . differs materially from that shown or + indicated in the Contract Documents; or b. the existence of such condition could reasonably have been discovered or revealed as a 4. is of an unusual nature, and differs result of any examination, investigation, explo- + materially from conditions ordinarily encountered ration, test, or study of the Site and contiguous and generally recognized as inherent in work of the areas required by the Bidding Requirements or character provided for in the Contract Documents; Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's then CONTRACTOR shall, promptly after becoming aware making such final commitment; or thereof and before further disturbing the subsurface or physical conditions or perfomring any Work in connection c. CONTRACTOR failed to give the therewith (except in an emergency as required by paragraph written notice within the time and as required by 6. 16.A), notify OWNER and ENGINEER in writing about paragraph 4.03A. such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection Part of the second sentence of Paragraph 4.03.C.3 has + therewith (except as aforesaid) until receipt of written order been deleted. to do so. 3 . If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount + B. ENGINEER 's Review: After receipt of written or extent, if any, of any adjustment in the Contract notice as required by paragraph 4.03.A, ENGINEER will Price or Contract Times, or both, a Claim may be promptly review the pertinent condition, determine the made therefor as provided in paragraph 10.05. necessity of OWNER's obtaining additional exploration or However, OWNER, ENGINEER, and + tests with respect thereto, and advise OWNER in writing ENGINEER's Consultants shall not be liable to (with a copy to CONTRACTOR) of ENGINEER's findings CONTRACTOR for any claims, costs, losses, or and conclusions. damages (including but not limited to all fees and + charges of engineers, architects, attorneys, and other C. Possible Price and Times Adjustments professionals and all court or dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any other Times, or both, will be equitably adjusted to the project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an increase or decrease 4 .04 Underground Facilities + in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the A. Shown or Indicated: The information and data following: shown or indicated in the Contract Documents with respect + ,� 00700 - 13 to existing Underground Facilities at or contiguous to the Contract Times, or both, to the extent that they are Site is based on information and data famished to OWNER attributable to the existence or location of any or ENGINEER by the owners of such Underground Facili- Underground Facility that was not shown or ties, including OWNER, or by others. Unless it is otherwise indicated or not shown or indicated with reasonable expressly provided in the Supplementary Conditions: accuracy in the Contract Documents and that CONTRACTOR did not know of and could not 1 . OWNER and ENGINEER shall not be reasonably have been expected to be aware of or to responsible for the accuracy or completeness of any have anticipated. If OWNER and CONTRACTOR such information or data; and are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in 2. the cost of all of the following will be Contract Price or Contract Times, OWNER or included in the Contract Price, and CONTRACTOR CONTRACTOR may make a Claim therefor as shall have full responsibility for: provided in paragraph 10.05 . a. reviewing and checking all such informa- 4.05 Reference Points tion and data, A. OWNER shall provide engineering surveys to b. locating all Underground Facilities establish reference points for construction which in shown or indicated in the Contract Documents, ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR c. coordination of the Work with the shall be responsible for laying out the Work, shall protect owners of such Underground Facilities, and preserve the established reference points and property including OWNER, during construction, and monuments, and shall make no changes or relocations without the prior written approval of OWNER. d, the safety and protection of all such CONTRACTOR shall report to ENGINEER whenever any Underground Facilities and repairing any reference point or property monument is lost or destroyed or damage thereto resulting from the Work. requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate B. Not Shown or Indicated replacement or relocation of such reference points or property monuments by professionally qualified personnel. I . If an Underground Facility is uncovered or revealed at or contiguous to the Site which was 4.06 Hazardous Environmental Condition at Site not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract A. Reports and Drawings: Reference is made to the Documents, CONTRACTOR shall, promptly after Supplementary Conditions for the identification of those becoming aware thereof and before further reports and drawings relating to a Hazardous Environmental disturbing conditions affected thereby or performing Condition identified at the Site, if any, that have been any Work in connection therewith (except in an utilized by the ENGINEER in the preparation of the emergency as required by paragraph 6. 16.A), Contract Documents. identify the owner of such Underground Facility and give written notice to that owner and to OWNER B. Limited Reliance by CONTRACTOR on Technical and ENGINEER. ENGINEER will promptly review Data Authorized: CONTRACTOR may rely upon the the Underground Facility and determine the extent, general accuracy of the "technical data" contained in such if any, to which a change is required in the Contract reports and drawings, but such reports and drawings are not Documents to reflect and document the Contract Documents. Such "technical data" is identified in consequences of the existence or location of the the Supplementary Conditions. Except for such reliance on Underground Facility. During such time, such "technical data," CONTRACTOR may not rely upon CONTRACTOR shall be responsible for the safety or make any Claim against OWNER, ENGINEER or any of and protection of such Underground Facility. ENGINEER's Consultants with respect to: 2. If ENGINEER concludes that a change in 1 . the completeness of such reports and the Contract Documents is required, a Work Change drawings for CONTRACTOR's purposes, including, Directive or a Change Order will be issued to reflect but not limited to, any aspects of the means, and document such consequences. An equitable methods, techniques, sequences and procedures of adjustment shall be made in the Contract Price or construction to be employed by CONTRACTOR 00700 - 14 \ 1 • 1 - 1 . • - 1 \ • 1 \ 1 • • - 1 1 • AN 0 OWN, I • . Y • • • _ _ 1. 1 _ •_ 1 11 • • 11 1 1 • • • 1 1 111 • • \ I• 1 1 1 _ 1 • 1 1 • 1 • • • 1 1 \ 1 1 1 1 " 1 11 1 • 1 1 • • 1 " • _ _ • • " 1 1 " 1 1 • • 1 • 1 • 111 \ 1 1 _ 1 1 • 1 1 1 1 . 1 • 1 1 - 1 \ 1 . • • 1 1 1 • ♦ 1 1 \ \ • 5 .03 Certificates of Insurance ARTICLE 5 - BONDS AND INSURANCE The second sentence of Paragraph 5.03.A has been deleted in its entirety. 5 .01 Performance, Payment, and Other Bonds A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- Paragraph 5.0I .A has been deleted and replaced with a mentary Conditions, certificates of insurance (and other new paragraph. See the Supplementary Conditions. evidence of insurance requested by OWNER or any other A COON _ _ A ( TQB hall famish r` —_ - - And additional insured) which CONTRACTOR is required to -e-aela i anaount at leas! equal to the purchase and maintain. 04WMR shall deliye_ C_eniaaet Price as seourity for the c:thfi.+ _ems... ance and G()I§rro ArrOp .th copiesarb "ddit:, nal i ..red paynient ,.f ..11 !`ONTD ACTOR 'e obligation .der the , ceFfifieates of Gentraet Desurnents. Thiese Bend shall remainefl..t et insuraiiee (and other evidence of 4iswariee " ested by least until o year .after the date when final payment C(1- . - -.. (TO __ other additional -- _ed) ...h:eh becomes d r exert provided ided other.mse by Laws of OV41ER is required to purehase wid maintain. e p 1 9F t-. the r... t Documents ments CONTR A !` � TOD shall lfimish such the- Bonds .,s He required by 5 .04 CONTRACTOR 's Liability Insurance the Contract Daeuments . A. CONTRACTOR shall purchase and maintain such Paragraph 5.0I .B has been deleted and replaced with a liability and other insurance as is appropriate for the Work new paragraph. See the Supplementary Conditions. being performed and as will provide protection from claims B . All D a hall be in the r_r..i presei4hed by the set forth below which may arise out of or result from t'ontraet Deparneriks e3isept as _^- .idea ^thefv4se by Laws CONTRACTOR's perfomtance of the Work and or Regtilations, and shall be exeeuted by such sufeties as are CONTRACTOR's other obligations under the Contract named in h + c "Companies Holdingr' 'f Documents, whether it is to be performed by eates of Mtherityas A eeeptable S.Teties an Federal Bonds CONTRACTOR, any Subcontractor or Supplier, or by a as A er.able De:........:.... Companies" as-puN:..hea :_ anyone directly or indirectly employed by any of them to Glar 570 (amended) by the Fina .e; a Management perform any of the Work, or by anyone for whose acts any SeryAee, Surety Bond BranehU.S. DepaFt. eat e f the of them may be liable: Treasury' All D....a.. signed byan he agent 1 . claims under workers' compensation, ae4-. disability benefits, and other similar employee benefit acts; C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its 2 . claims for damages because of bodily right to do business is terminated in any state where any part injury, occupational sickness or disease, or death of of the Project is located or it ceases to meet the CONTRACTOR's employees; requirements of paragraph 5.0l .B, CONTRACTOR shall within 20 days thereafter substitute another Bond and 3 . claims for damages because of bodily surety, both of which shall comply with the requirements of injury, sickness or disease, or death of any person paragraphs 5.01 .13 and 5 .02. other than CONTRACTOR's employees; 5 .02 Licensed Sureties and Insurers 4. claims for damages insured by reasonably available personal injury liability A. All Bonds and insurance required by the Contract coverage which are sustained: (i) by any person as a Documents to be purchased and maintained by OWNER or result of an offense directly or indirectly related to CONTRACTOR shall be obtained from surety or insurance the employment of such person by CONTRACTOR, companies that are duly licensed or authorized in the or (ii) by any other person for any other reason; jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. 5. claims for damages, other than to the Such surety and insurance companies shall also meet such Work itself, because of injury to or destruction of additional requirements and qualifications as may be tangible property whereve- located, including loss of provided in the Supplementary Conditions. use resulting therefrom; and 00700 - 16 6. claims for damages because of bodily years after final payment (and CONTRACTOR shall MJ ury or death of any person or property damage furnish OWNER and each other additional insured arising out of the ownership, maintenance or use of identified in the Supplementary Conditions, to any motor vehicle. whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such B. The policies of insurance so required by this additional insured of continuation of such insurance paragraph 5 .04 to be purchased and maintained shall: at final payment and one year thereafter). M 1 . with respect to insurance required by New Paragraphs 5.04.0, D, and E have been added. See paragraphs 5 .04.A.3 through 5 .04.A.6 inclusive, the Supplementary Conditions. include as additional insureds (subject to any r customary exclusion in respect of professional Section 5.05 has been deleted in its entirety. liability) OWNER, ENGINEER, ENGINEER's 303 nirn'co •, r ;" r_:r: xr. &uFaHe-e Consultants, and any other individuals or entities i identified in the Supplementary Conditions, all of A. dd '' whom shall be listed as additional insureds, and ed by GO��RTtAGTOR tindef paragFaph 5 .04 , OWNER; include coverage for the respective officers, 0ANNER's option, may puFehase and maintain at directors, partners, employees, agents, and other 03ALN 'n'c expense O`xrnr>;nT consultants and subcontractors of each and any of all " ^ Hann "ainst "'"'"" "' 4eh inay "rise fro such additional insureds, and the insurance afforded apefaitions ....a"- the r,...#apt rl....ume..." to these additional insureds shall provide primary coverage for all claims covered thereby; 5 .06 Property Insurance 2. include at least the specific coverages and Paragraphs 5.06.A, B, and C have been deleted and be written for not less than the limits of liability replaced with new paragraphs. See the Supplementary provided in the Supplementary Conditions or Conditions. required by Laws or Regulations, whichever is A. ' ' h provided in "" Supplement • greater; _ 1, .xx 1 .1," c:tp in the ., ,.e the pon 3 . include completed operations insurance; kill Feplaeemei4thereof (subject to such deductible amoupAs as way be Y .:a"a the Suppleementafy r 4 . include contractual liability insurance Conditions oF Fez ' "a by Laws s ...a ne,..,latie s This covering CONTRACTOR's indemnity obligations insurAT39,R-slAlh under paragraphs 6.07, 6. 11 , and 6.20; 1 436111& 4intefests of nxxrlrcn rnw. 5 . contain a provision or endorsement that Pall TOR; Subeentraoiers, ENGI mER3 the coverage afforded will not be canceled, materi- fn aD1ECe ant and arry other ally changed or renewal refused until at least thirty individt�s of: end-ties identified in "' ,. days prior written notice has been given to OWNER c ' Gengitie ." and the "f ""_" and CONTRACTOR and to each other additional a mplayees and othef insured identified in the Supplementary Conditions Pn13S1dltafts anti quheontF etersof """` and any o` to whom a certificate of insurance has been issuedtheM eaeh ef whem is '°""rise"" `R have an iEsuFable (and the certificates of insurance furnished by the intefest and shall be listed as an additional ._".. � CONTRACTOR pursuant to paragraph 5 .03 will so provide); 2. 1. wFiaen An A puilder,qDial_ .."11 4qL„ M of penpefil orspeciale 6. remain in effect at least until final that shall at least melude instifanse for "`"""'"o`s payment and at all times thereafter when CON- of damage to the xu,..a_ to y TRACTOR may be correcting, removing, or replac- work, and matepAsd equipfnepA in ...ansi` dna ing defective Work in accordance with paragraph shall insufe against at - - -st the following perils -eF 13 .07• and eauses of lass � fi_e arts,, .. ..,, o.,.� 7. with respect to completed operations oe1lapse, deb"" ---;-a!, aemelition_ oeeasio_ea by insurance, and any insurance coverage written on a Pflfersenimf Laws and Regulations, da claims-made basis, remain in effect for at least two r r 00700 - 17 .1 . . .. . . : : . Tl IMM m�Iwc - . . .. ._ • _ ; _ _ • . Y r . Y Y • • 1. - • M. _ _ _ _ _ _ • _• _ • . L :_ •_ . NOW . Y Y • 1 ' ' 1 1 to _ •_ L - •_ . Y • • _ _ 41 _ _ - •_ I. 1_ •_ . YY•_. YVol_ TI 1. L _ • . . . . . . oil IN I'lliffill"Ill"ll ON, WIN AM40,410 6WOM. . . .. . .. _ ; . . . i . ; -•;—.0110 ; ; - •• - 1 _ _ _ 41_ _ _ 1. 1 _ _ . .. .. - .... ........ ... • _ • � • 1 • \ 1 � • rill • 4L • - \ " 1 1 1 " \ 1 • � • Y • • _ 4 MI 1 ' ITMI1997MIR 1 pp ill wo LLLLLLLLLLLLLLLLLL •_ . • • . • . I I I I I ' / • I / I ' - - - � : � 1 \ 1 • • • . \ 111 ' • - \ - 1 1 " 1 • • I _ • \ • attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with B. All materials and equipment incorporated into the the Contract Documents. CONTRACTOR shall be solely Work shall be as specified or, if not specified, shall be of responsible for the means, methods, techniques, sequences, good quality and new, except as otherwise provided in the and procedures of construction, but CONTRACTOR shall Contract Documents. All warranties and guarantees not be responsible for the negligence of OWNER or specifically called for by the Specifications shall expressly ENGINEER in the design or specification of a specific run to the benefit of OWNER. If required by ENGINEER, means, method, technique, sequence, or procedure of CONTRACTOR shall furnish satisfactory evidence construction which is shown or indicated in and expressly (including reports of required tests) as to the source, kind, required by the Contract Documents. CONTRACTOR and quality of materials and equipment. All materials and shall be responsible to see that the completed Work equipment shall be stored, applied, installed, connected, complies accurately with the Contract Documents. erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, B. At all times during the progress of the Work, except as otherwise may be provided in the Contract Docu- CONTRACTOR shall assign a competent resident superin- ments. tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under 6.04 Progress Schedule extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have A. CONTRACTOR shall adhere to the progress authority to act on behalf of CONTRACTOR. All schedule established in accordance with paragraph 2 .07 as it communications given to or received from the superin- may be adjusted from time to time as provided below. tendent shall be binding on CONTRACTOR. 1 . CONTRACTOR shall submit to ENGI- 6.02 Labor; Working Hours NEER for acceptance (to the extent indicated in paragraph 2 .07) proposed adjustments in the prog- A. CONTRACTOR shall provide competent, suitably ress schedule that will not result in changing the qualified personnel to survey, lay out, and construct the Contract Times (or Milestones). Such adjustments Work as required by the Contract Documents. CON- will conform generally to the progress schedule then TRACTOR shall at all times maintain good discipline and in effect and additionally will comply with any order at the Site. provisions of the General Requirements applicable thereto. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or 2. Proposed adjustments in the progress adjacent thereto, and except as otherwise stated in the schedule that will change the Contract Times (or Contract Documents, all Work at the Site shall be Milestones) shall be submitted in accordance with performed during regular working hours, and CON- the requirements of Article 12. Such adjustments TRACTOR will not permit overtime work or the may only be made by a Change Order or Written performance of Work on Saturday, Sunday, or any legal Amendment in accordance with Article 12. holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to 6.05 Substitutes and "Or-Equals " ENGINEER. Paragraph 6.05.A has been deleted and replaced with a New Paragraphs 6.02.13. 1 , 2, 3, 4, and 5 have been new paragraph. See the Supplementary Conditions. added. See the Supplementary Conditions. A. Whenever _n item of rmtefia' of equipment is speeified or dpqenbed in the. Contract DeBurnents by using 6.03 Services, Materials, and Equipment Supplier, the speeificmisn or desetiption is intended te A. Unless otherwise specified in the General Re- establish the type, li -eti^^ and quali'" quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, is fellewed by words FeadiRg that no 19ce, transportation, construction equipment and machinery, L4 OF eqiia!" item or ne substitution is permitted, otheF items tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other Suppliers may be subittit4ed to ENGINEPR loF FS- 41A facilities and incidentals necessary for the performance, 111140F43APifeurristafflees described belew. testing, start-up, and completion of the Work. 00700 - 20 a 1 . "Or-Equal " Items: If in ENGINEER's sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a that named and sufficiently similar so that no change proposed substitute item of material or a in related Work will be required, it may be con- equipment that CONTRACTOR seeks to famish sidered by ENGINEER as an "or-equal" item, in or use. The application shall certify that the which case review and approval of the proposed proposed substitute item will perform adequately a item may, in ENGINEER's sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as r tute items. For the purposes of this paragraph that specified. The application will state the 6.05.A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered fimctionally equal to an item so substitute item will prejudice CONTRACTOR's named if: achievement of Substantial Completion on time, a whether or not use of the proposed substitute Sentence 6.05.A.I .a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of Conditions. any other direct contract with OWNER for work r a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute a and design characteristics; (ii) it NN�'.r-�-reliaabitem in connection with the Work is subject to eff_m at least equally well the fiinotion payment of any license fee or royalty. All inipesed by the design eeneept of the Eemple variations of the proposed substitute item from r , that specified will be identified in the applica- tion, and available engineering, sales, b. CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services no increase in cost to the OWNER; and (ii) it will be indicated. The application will also will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of r redesign and claims of other contractors affected 2. Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the a. If in ENGINEER's sole discretion an proposed substitute item. ENGINEER may item of material or equipment proposed by require CONTRACTOR to furnish additional CONTRACTOR does not qualify as an data about the proposed substitute item "or-equal" item under paragraph 6.05 .A. 1 , it will a be considered a proposed substitute item B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or b. CONTRACTOR shall submit sufficient procedure of construction is shown or indicated in and information as provided below to allow ENGI- expressly required by the Contract Documents, CON- NEER to determine that the item of material or TRACTOR may fumish or utilize a substitute means, meth- equipment proposed is essentially equivalent to od, technique, sequence, or procedure of construction that named and an acceptable substitute therefor. approved by ENGINEER. CONTRACTOR shall submit a Requests for review of proposed substitute items sufficient information to allow ENGINEER, in of material or equipment will not be accepted by ENGINEER's sole discretion, to determine that the ENGINEER from anyone other than CON- substitute proposed is equivalent to that expressly called for TRACTOR. by the Contract Documents. The procedure for review by r ENGINEER will be similar to that provided in subpaza- c. The procedure for review by ENGI- graph 6.05 .A.2. NEER will be as set forth in paragraph a 6.05 .A.2.d, as supplemented in the General C. Engineer 's Evaluation: ENGINEER will be Requirements and as ENGINEER may decide is allowed a reasonable time within which to evaluate each appropriate under the circumstances. proposal or submittal made pursuant to paragraphs 6.05.A r a 00700 - 21 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillI ME iiiiiiiiiiiiiiiiiiiiiillillillillillillI III and 6.05 .B. ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected ability. No "or-equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity, and installed or utilized until ENGINEER's review is complete, the Contract Price will be adjusted by the difference in the which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate substitute or an approved Shop Drawing for an "or equal." Change Order will be issued or Written Amendment signed. ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor, negative determination. Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of D. Special Guarantee: OWNER may require CON- OWNER or ENGINEER to reject defective Work. TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect C. CONTRACTOR shall be fully responsible to to any substitute. OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities E. ENGINEER 's Cost Reimbursement: ENGINEER performing or furnishing any of the Work just as will record time required by ENGINEER and CONTRACTOR is responsible fir CONTRACTOR's own ENGINEER's Consultants in evaluating substitute proposed acts and omissions. Nothing in the Contract Documents or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor, 6.05 .A.2 and 6.05.B and in making changes in the Contract Supplier, or other individual or entity any contractual Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER or proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or ENGINEER and ENGINEER' s Consultants for evaluating entity except as may otherwise be required by Laws and each such proposed substitute. Regulations. F. CONTRACTOR 's Expense. CONTRACTOR shall A new sentence has been added at the end of Paragraph provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions. "or-equal" at CONTRACTOR's expense. D. CONTRACTOR shall be solely responsible for 6.06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or A. CONTRACTOR shall not employ any Subcon- furnishing any of the Work under a direct or indirect tractor, Supplier, or other individual or entity (including contract with CONTRACTOR. those acceptable to OWNER as indicated in paragraph 6.06.13), whether initially or as a replacement, against whom E. CONTRACTOR shall require all Subcontractors, OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing shall not be required to employ any Subcontractor, Supplier, or furnishing any of the Work to „ormnunicate with ENGI- or other individual or entity to fiunish or perform any of the NEER through CONTRACTOR. Work against whom CONTRACTOR has reasonable objection. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control B. If the Supplementary Conditions require the CONTRACTOR in dividing the Work among Subcon- identity of certain Subcontractors, Suppliers, or other tractors or Suppliers or delineating the Work to be individuals or entities to be submitted to OWNER in performed by any specific trade. advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if G. All Work performed for CONTRACTOR by a CONTRACTOR has submitted a list thereof in accordance Subcontractor or Supplier will be pursuant to an appropriate with the Supplementary Conditions, OWNER 'S acceptance agreement between CONTRACTOR and the Subcontractor (either in writing or by failing to make written objection or Supplier which specifically binds the Subcontractor or thereto by the date indicated for acceptance or objection in Supplier to the applicable terms and conditions of the the Bidding Documents or the Contract Documents) of any Contract Documents for the benefit of OWNER and such Subcontractor, Supplier, or other individual or entity ENGINEER. Whenever any such agreement is with a so identified may be revoked on the basis of reasonable Subcontractor or Supplier who is listed as an additional objection after due investigation. CONTRACTOR shall insured on the property insurance provided in paragraph 00700 - 22 r 5 .06, the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees. OWNER, CONTRACTOR, ENGINEER, ENGINEER's r Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C, and D have been added. See the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. additional insureds (and the officers, directors, partners, r employees, agents, and other consultants and subcontractors 6.09 Laws and Regulations of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the A. CONTRACTOR shall give all notices and comply _ perils or causes of loss covered by such policies and any with all Laws and Regulations applicable to the other property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such policies require separate waiver fors expressly required by applicable Laws and Regulations, to be signed by any Subcontractor or Supplier, CONTRAC- neither OWNER nor ENGINEER shall be responsible for r TOR will obtain the same. monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.07 Patent Fees and Royalties r B. If CONTRACTOR performs any Work knowing A. CONTRACTOR shall pay all license fees and or having reason to know that it is contrary to Laws or royalties and assume all costs incident to the use in the Regulations, CONTRACTOR shall bear all claims, costs, performance of the Work or the incorporation in the Work losses, and damages (including but not limited to all fees •' of any invention, design, process, product, or device which and charges of engineers, architects, attorneys, and other is the subject of patent rights or copyrights held by others. professionals and all court or arbitration or other dispute If a particular invention, design, process, product, or device resolution costs) arising out of or relating to such Work; r is specified in the Contract Documents for use in the however, it shall not be CONTRACTOR's primary performance of the Work and if to the actual knowledge of responsibility to make certain that the Specifications and OWNER or ENGINEER its use is subject to patent rights or Drawings are in accordance with Laws and Regulations, but copyrights calling for the payment of any license fee or this shall not relieve CONTRACTOR of CONTRACTOR's royalty to others, the existence of such rights shall be obligations under paragraph 3 .03 . disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at the r CONTRACTOR shall indemnify and hold harmless time of opening of Bids (or, on the Effective Date of the OWNER, ENGINEER, ENGINEER's Consultants, and the Agreement if there were no Bids) having an effect on the officers, directors, partners, employees or agents, and other cost or time of performance of the Work may be the subject consultants of each and any of them from and against all of an adjustment in Contract Price or Contract Times. If r claims, costs, losses, and damages (including but not limited OWNER and CONTRACTOR are unable to agree on to all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such and other professionals and all court or arbitration or other adjustment, a Claim may be made therefor as provided in .� dispute resolution costs) arising out of or relating to any paragraph 10.05 . infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the 6. 10 Taxes incorporation in the Work of any invention, design, process, r product, or device not specified in the Contract Documents. A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by 6.08 Permits CONTRACTOR in accordance with the Laws and r Regulations of the place of the Project which are applicable A. Unless otherwise provided in the Supplementary during the performance of the Work. Conditions, CONTRACTOR shall obtain and pay for all r construction permits and licenses. OWNER shall assist 6. 11 Use of Site and Other Areas CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all A. Limitation on Use of Site and Other Areas governmental charges and inspection fees necessary for the r prosecution of the Work which are applicable at the time of 1 . CONTRACTOR shall confine opening of Bids, or, if there are no Bids, on the Effective construction equipment, the storage of materials and Date of the Agreement. CONTRACTOR shall pay all equipment, and the operations of workers to the Site r r 00700 - 23 and other areas pennitted by Laws and Regulations, 6. 12 Record Documents and shall not unreasonably encumber the Site and other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place at materials or equipment. CONTRACTOR shall the Site one record copy of all Drawings, Specifications, assume full responsibility for any damage to any Addenda, Written Amendments, Change Orders, Work such land or area, or to the owner or occupant Change Directives, Field Orders, and written interpretations thereof, or of any adjacent land or areas resulting and clarifications in good order and annotated to show from the performance of the Work. changes made during construction. These record documents together with all approved Samples and a 2. Should any claim be made by any such counterpart of all approved Shop Drawings will be available owner or occupant because of the performance of to ENGINEER for reference. Upon completion of the the Work, CONTRACTOR shall promptly settle Work, these record documents, Samples, and Shop with such other party by negotiation or otherwise Drawings will be delivered to ENGINEER for OWNER. resolve the claim by arbitration or other dispute resolution proceeding or at law. 6. 13 Safety and Protection 3 . To the fullest extent permitted by Laws A. CONTRACTOR shall be solely responsible for and Regulations, CONTRACTOR shall indemnify initiating, maintaining and supervising all safety precautions and hold harmless OWNER, ENGINEER, and programs in connection with the Work. ENGINEER's Consultant, and the officers, CONTRACTOR shall take all necessary precautions for the directors, partners, employees, agents, and other safety of, and shall provide the necessary protection to consultants of each and any of them from and prevent damage, injury or loss to: against all claims, costs, losses, and damages (including but not limited to all fees and charges of I . all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 2. all the Work and materials and equip- any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site; and ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon 3 . other property at the Site or adjacent CONTRACTOR's performance of the Work. thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- B. Removal of Debris During Performance of the ground Facilities not designated for removal, reloca- Work During the progress of the Work CONTRACTOR tion, or replacement in the course of construction. shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and B. CONTRACTOR shall comply with all applicable disposal of such waste materials, rubbish, and other debris Laws and Regulations relating to the safety of persons or shall conform to applicable Laws and Regulations. property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all C. Cleaning: Prior to Substantial Completion of the necessary safeguards for such safety and protection. Work CONTRACTOR shall clean the Site and make it CONTRACTOR shall notify ommers of adjacent property ready for utilization by OWNER. At the completion of the and of Underground Facilities and other utility owners when Work CONTRACTOR shall remove from the Site all tools, prosecution of the Work may affect them, and shall appliances, construction equipment and machinery, and cooperate with them in the protection, removal, relocation, surplus materials and shall restore to original condition all and replacement of their property. All damage, injury, or property not designated for alteration by the Contract loss to any property referred to in paragraph 6. 13 .A.2 or Documents. 6. 13 .A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any D. Loading Structures: CONTRACTOR shall not other individual or entity directly or indirectly employed by load nor permit any part of any structure to be loaded in any any of them to perform any of the Work, or anyone for manner that will endanger the structure, nor shall whose acts any of them may be liable, shall be remedied by CONTRACTOR subject any part of the Work or adjacent CONTRACTOR (except damage or loss attributable to the property to stresses or pressures that will endanger it. fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's 00700 - 24 Consultant, or anyone employed by any of them, or anyone materials, and similar data to show ENGINEER the for whose acts any of them may be liable, and not services, materials, and equipment CONTRACTOR attributable, directly or indirectly, in whole or in part, to the proposes to provide and to enable ENGINEER to review fault or negligence of CONTRACTOR or any the information for the limited purposes required by r Subcontractor, Supplier, or other individual or entity paragraph 6. 17.E. directly or indirectly employed by any of them). CONTRACTOR' s duties and responsibilities for safety and B . CONTRACTOR shall also submit Samples to for protection of the Work shall continue until such time as ENGINEER for review and approval in accordance with the all the Work is completed and ENGINEER has issued a acceptable schedule of Shop Drawings and Sample notice to OWNER and CONTRACTOR in accordance with submittals. Each Sample will be identified clearly as to r paragraph 14.07.B that the Work is acceptable (except as material, Supplier, pertinent data such as catalog numbers, otherwise expressly provided in connection with Substantial and the use for which intended and otherwise as ENGI- Completion). NEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6. 14 Safety Representative 6. 17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties C. Where a Shop Drawing or Sample is required by and responsibilities shall be the prevention of accidents and the Contract Documents or the schedule of Shop Drawings the maintaining and supervising of safety precautions and and Sample submittals acceptable to ENGINEER as programs. required by paragraph 2 ,07, any related Work performed prior to ENGINEER's review and approval of the pertinent 6 . 15 Hazard Communication Programs submittal will be at the sole expense and responsibility of CONTRACTOR. ,r A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other D. Submittal Procedures hazard communication information required to be made available to or exchanged between or among employers at 1 . Before submitting each Shop Drawing or the Site in accordance with Laws or Regulations. Sample, CONTRACTOR shall have determined and verified: 6. 16 Emergencies a. all field measurements, quantities, dimen- A. In emergencies affecting the safety or protection of sions, specified performance criteria, installation persons or the Work or property at the Site or adjacent requirements, materials, catalog numbers, and thereto, CONTRACTOR is obligated to act to prevent similar information with respect thereto; threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR b. all materials with respect to intended use, believes that any significant changes in the Work or fabrication, shipping, handling, storage, assem- variations from the Contract Documents have been caused bly, and installation pertaining to the perfor- thereby or are required as a result thereof If ENGINEER mance of the Work; determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in c. all information relative to means, meth- response to such an emergency, a Work Change Directive ods, techniques, sequences, and procedures of or Change Order will be issued. construction and safety precautions and programs incident thereto; and 6. 17 Shop Drawings and Samples d. CONTRACTOR shall also have A. CONTRACTOR shall submit Shop Drawings to reviewed and coordinated each Shop Drawing or ENGINEER for review and approval in accordance with the Sample with other Shop Drawings and Samples acceptable schedule of Shop Drawings and Sample and with the requirements of the Work and the submittals. All submittals will be identified as ENGINEER Contract Documents. may require and in the number of copies specified in the General Requirements. The data shown on the Shop 2. Each submittal shall bear a stamp or Drawings will be complete with respect to quantities, specific written indication that CONTRACTOR has dimensions, specified performance and design criteria, satisfied CONTRACTOk's obligations under the r 00700 - 25 Contract Documents with respect to F. Resubmittal Procedures CONTRACTOR' s review and approval of that submittal. 1 . CONTRACTOR shall make corrections required by ENGINEER and shall return the 3. At the time of each submittal, CON- required number of corrected copies of Shop TRACTOR shall give ENGINEER specific written Drawings and submit as required new Samples for notice of such variations, if any, that the Shop Draw- review and approval. CONTRACTOR shall direct ing or Sample submitted may have from the require- specific attention in writing to revisions other than ments of the Contract Documents, such notice to be the corrections called for by ENGINEER on previ- in a written communication separate from the ous submittals. submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and New Paragraph 6.17.G has been added. See the Sample submitted to ENGINEER for review and Supplementary Conditions. approval of each such variation. 6. 18 Continuing the Work E. ENGINEER 's Review A. CONTRACTOR shall carry on the Work and 1 . ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in accordance disagreements with OWNER. No Work shall be delayed or with the schedule of Shop Drawings and Sample postponed pending resolution of any disputes or submittals acceptable to ENGINEER. disagreements, except as permitted by paragraph 15.04 or as ENGINEER's review and approval will be only to OWNER and CONTRACTOR may otherwise agree in determine if the items covered by the submittals will, writing. after installation or incorporation in the Work, con- form to the information given in the Contract Docu- 6. 19 CONTRACTOR 's General Warranty and ments and be compatible with the design concept of Guarantee the completed Project as a functioning whole as indicated by the Contract Documents. A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that 2 . ENGINEER's review and approval will all Work will be in accordance with the Contract Docu- not extend to means, methods, techniques, ments and will not be defective. CONTRACTOR's sequences, or procedures of construction (except warranty and guarantee hereunder excludes defects or where a particular means, method, technique, damage caused by: sequence, or procedure of construction is specifically and expressly called for by the Contract 1 . abuse, modification, or improper main- Documents) or to safety precautions or programs tenance or operation by persons other than CON- incident thereto. The review and approval of a TRACTOR, Subcontractors, Suppliers, or any other separate item as such will not indicate approval of individual or entity for whom CONTRACTOR is the assembly in which the item functions. responsible; or 3 . ENGINEER's review and approval of 2. normal wear and tear under normal Shop Drawings or Samples shall not relieve CON- usage. TRACTOR from responsibility for any variation from the requirements of the Contract Documents B. CONTRACTOR's obligation to perform and unless CONTRACTOR has in writing called complete the Work in accordance with the Contract ENGINEER's attention to each such variation at the Documents shall be absolute. None of the following will time of each submittal as required by paragraph constitute an acceptance of Work that is not in accordance 6. 17.D.3 and ENGINEER has given written with the Contract Documents or a release of approval of each such variation by specific written CONTRACTOR's obligation to perform the Work in notation thereof incorporated in or accompanying accordance with the Contract Documents: the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR 1 . observations by ENGINEER; from responsibility for complying with the require- ments of paragraph 6 . 17 .) . 1 . 2 . recommendation by ENGINEER or pay- ment by OWNER of any progress or final payment; 00700 - 26 r B. In any and all claims against OWNER or ENGI- 3 . the issuance of a certificate of Substantial NEER or any of their respective consultants, agents, Completion by ENGINEER or any payment related officers, directors, partners, or employees by any employee thereto by OWNER; (or the survivor or personal representative of such ' employee) of CONTRACTOR, any Subcontractor, any 4. use or occupancy of the Work or any part Supplier, or any individual or entity directly or indirectly thereof by OWNER; employed by any of them to perform any of the Work, or a anyone for whose acts any of them may be liable, the 5 . any acceptance by OWNER or any indemnification obligation under paragraph 6.20.A shall not failure to do so; be limited in any way by any limitation on the amount or a type of damages, compensation, or benefits payable by or 6. any review and approval of a Shop Draw- for CONTRACTOR or any such Subcontractor, Supplier, ing or Sample submittal or the issuance of a notice or other individual or entity under workers' compensation of acceptability by ENGINEER; acts, disability benefit acts, or other employee benefit acts. r 7. any inspection, test, or approval by C. The indemnification obligations of CONTRAC- others; or TOR under paragraph 6.20.A shall not extend to the r liability of ENGINEER and ENGINEER's Consultants or 8. any correction of defective Work by to the officers, directors, partners, employees, agents, and OWNER. other consultants and subcontractors of each and any of them arising out of: 6.20 Indemnification 1 . the preparation or approval of, or the Paragraph 6.20.A has been deleted and replaced with a failure to prepare or approve, maps, Drawings, ,r new paragraph. See the Supplementary Conditions, opinions, reports, surveys, Change Orders, designs, A T.. the fullest ex :....,1 by Laws s ,...a or Specifications; or D e,...l.ae..s GOTW114A GTO shall :...1......* and held ENGINEEP C__4111 2. giving directions or instructions, or tants and the effivem direetors, paFmeFs, e_...,layee failing to give them, if that is the primary cause of the injury or damage. aib, of them frem and against all ela4m, costs, losses, darmges (4wluding but net limited to all fees and eharges aa ARTICLE 7 - OTHER WORK of or FelatiRg to the pe_f .... nee of the 11 ofk 7 .01 Related Work at Site ttFihutable to bodily irjur, ', :ekae... A. OWNER may perform other work related to the aProject at the Site by OWNER' s employees, or let other ...gable pEepeFty (..th.,_ than the Wnfl. itself) direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- r tract Documents, then: 2 . iq caused in whele or in paFt by any negh- gent act oF emission of GQNq n kGTOP .._, , Sub 1 . written notice thereof will be given to CONTRACTOR prior to starting any such other directly e_ indirectly e_._1,.. ea L. any of them to work; and pe_r..... .. of the .xn._1 e anyone for ., hale. Aetq anyof them may be liable _......_ah...s of whether ,._ 2. if OWNER and CONTRACTOR are not ..ea in pai4 by __ negligee. of emission ,.r unable to agree on entitlement to or on the amount AM a :_a:.,: dual .. ff-tityindemnified hereunder a or extent, if any, of any adjustment in the Contract whetheF liability is imposed upeft sueh indemnified Price or Contract Times that should be allowed as a pa ty by Laws and Regulations _e...._Ale s nr the result of such other work, a Claim may be made a negligenee of any such individual ,._ eat .. . therefor as provided in paragraph 10.05. • 00700 - 27 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 ARTICLE 8 - OWNER' S RESPONSIBILITIES 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 8 .01 Communications to Contractor such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract A. Except as otherwise provided in these General Documents, CONTRACTOR shall do all cutting, fitting, Conditions, OWNER shall issue all communications to and patching of the Work that may be required to properly CONTRACTOR through ENGINEER. connect or otherwise make its several parts come together and properly integrate with such other work. CON- 8 .02 Replacement of ENGINEER TRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will Part of paragraph 8.02.A has been deleted. only cut or alter their work with the written consent of A. In case of termination of the employment of ENGINEER and the others whose work will be affected. ENGINEER, OWNER shall appoint an engineer4ewhom The duties and responsibilities of CONTRACTOR under GONTRAGTO %%AE .,. no reasonable objeetio whose this paragraph are for the benefit of such utility owners and status under the Contract Documents shall be that of the other contractors to the extent that there are comparable former ENGINEER. provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and 8 .03 Furnish Data other contractors. A. OWNER shall promptly furnish the data required C. If the proper execution or results of any part of of OWNER under the Contract Documents. CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect 8.04 Pay Promptly When Due such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other A. OWNER shall make payments to CONTRACTOR work that render it unavailable or unsuitable for the proper promptly when they are due as provided in paragraphs execution and results of CONTRACTOR's Work. 14.02.0 and 14.07 .C. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for 8 .05 Lands and Easements; Reports and Tests integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. A. OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish 7.02 Coordination reference points are set forth in paragraphs 4.01 and 4.05 . Paragraph 4.02 refers to OWNER'S identifying and making A. If OWNER intends to contract with others for the available to CONTRACTOR copies of reports of explora- performance of other work on the Project at the Site, the tions and tests of subsurface conditions and drawings of following will be set forth in Supplementary Conditions: physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have 1 . the individual or entity who will have been utilized by ENGINEER in preparing the Contract authority and responsibility for coordination of the Documents. activities among the various contractors will be identified; 8.06 Insurance 2. the specific matters to be covered by such A. OWNER'S responsibilities, if any, in respect to authority and responsibility will be itemized; and purchasing and maintaining liability and property insurance are set forth in Article 5 . 3 . the extent of such authority and responsi- bilities will be provided. 8 . 07 Change Orders B. Unless otherwise provided in the Supplementary A. OWNER is obligated to execute Change Orders as Conditions, OWNER shall have sole authority and respon- indicated in paragraph 10.03 . sibility for such coordination. 00700 - 28 r 8 .08 Inspections, Tests, and Approvals CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, A. OWNER's responsibility in respect to certain for the benefit of OWNER, will determine, in general, if the inspections, tests, and approvals is set forth in paragraph Work is proceeding in accordance with the Contract 13.03 .B. Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check 8 .09 Limitations on OWNER 's Responsibilities the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater A. The OWNER shall not supervise, direct, or have degree of confidence that the completed Work will conform control or authority over, nor be responsible for, generally to the Contract Documents. On the basis of such CONTRACTOR's means, methods, techniques, sequences, visits and observations, ENGINEER will keep OWNER or procedures of construction, or the safety precautions and informed of the progress of the Work and will endeavor to programs incident thereto, or for any failure of CON- guard OWNER against defective Work. TRACTOR to comply with Laws and Regulations apphca- ble to the performance of the Work. OWNER will not be B . ENGINEER's visits and observations are subject responsible for CONTRACTOR's failure to perform the to all the limitations on ENGINEER's authority and Work in accordance with the Contract Documents. responsibility set forth in paragraph 9 . 10, and particularly, but without limitation, during or as a result of ENGINEER's i 8 . 10 Undisclosed Hazardous Environmental visits or observations of CONTRACTOR's Work Condition ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's A. OWNER's responsibility in respect to an undis- means, methods, techniques, sequences, or procedures of closed Hazardous Environmental Condition is set forth in construction, or the safety precautions and programs paragraph 4.06. incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the 8. 11 Evidence of Financial Arrangements performance of the Work. A. If and to the extent OWNER has agreed to furnish 9 .03 Project Representative CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's A. If OWNER and ENGINEER agree, ENGINEER obligations under the Contract Documents, OWNER' s will furnish a Resident Project Representative to assist r responsibility in respect thereof will be as set forth in the ENGINEER in providing more extensive observation of the Supplementary Conditions. 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 ARTICLE 9 - ENGINEER' S STATUS DURING Supplementary Conditions. If OWNER designates another CONSTRUCTION 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 9.01 OWNER 'S Representative such other individual or entity will be as provided in the Supplementary Conditions. A. ENGINEER will be OWNER's representative during the construction period. The duties and responsi- 9.04 Clarifications and Interpretations bilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth A. ENGINEER will issue with reasonable promptness +� in the Contract Documents and will not be changed without such written clarifications or interpretations of the require- written consent of OWNER and ENGINEER. ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the i 9 .02 Visits to Site intent of and reasonably inferable from the Contract Docu- ments. Such written clarifications and interpretations will A. ENGINEER will make visits to the Site at inter- be binding on OWNER and CONTRACTOR. If OWNER vals appropriate to the various stages of construction as and CONTRACTOR are unable to agree on entitlement to s ENGINEER deems necessary in order to observe as an or on the amount or extent, if any, of any adjustment in the experienced and qualified design professional the progress Contract Price or Contract Times, or both, that should be that has been made and the quality of the various aspects of allowed as a result of a written clarification or interpre- r 00700 - 29 tation, a Claim may be made therefor as provided in upon OWNER and CONTRACTOR, subject to the paragraph 10.05. provisions of paragraph 10.05 . 9.05 Authorized Variations in Work 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents A. ENGINEER will be thc initial interpreter of the which do not involve an adjustment in the Contract Price or requirements of the Contract Documents and judge of the the Contract Times and are compatible with the design acceptability of the Work thereunder. Claims, disputes and concept of the completed Project as a functioning whole as other matters relating to the acceptability of the Work, the indicated by the Contract Documents. These may be quantities and classifications of Unit Price Work, the accomplished by a Field Order and will be binding on interpretation of the requirements of the Contract OWNER and also on CONTRACTOR, who shall perform Documents pertaining to the performance of the Work, and the Work involved promptly. If OWNER and CONTRAC- Claims seeking changes in the Contract Price or Contract TOR are unable to agree on entitlement to or on the amount Times will be referred initially to ENGINEER in writing, in or extent, if any, of any adjustment in the Contract Price or accordance with the provisions of paragraph 10.05, with a Contract Times, or both, as a result of a Field Order, a request for a formal decision. Claim may be made therefor as provided in paragraph 10.05. Paragraph 9.09.B has been deleted in its entirety. 9.06 Rejecting Defective Work 9 . 10 Limitations on ENGINEER 's Authority and Responsibilities A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or A. Neither ENGINEER's authority or responsibility that ENGINEER believes will not produce a completed under this Article 9 or under any other provision of the Project that conforms to the Contract Documents or that Contract Documents nor any decision made by ENGINEER will prejudice the integrity of the design concept of the in good faith either to exercise or not exercise such completed Project as a functioning whole as indicated by authority or responsibility or the undertaking, exercise, or the Contract Documents. ENGINEER will also have performance of any authority or responsibility by authority to require special inspection or testing of the Work ENGINEER shall create, impose, or give rise to any duty in as provided in paragraph 13.04, whether or not the Work is contract, tort, or otherwise owed by ENGINEER to fabricated, installed, or completed. CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee 9.07 Shop Drawings, Change Orders and Payments or agent of any of them A. In connection with ENGINEER's authority as to B. ENGINEER will not supervise, direct, control, or Shop Drawings and Samples, see paragraph 6. 17. have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of B. In connection with ENGINEER's authority as to construction, or the safety precautions and programs Change Orders, see Articles 10, 11 , and 12. incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the perfor- C. In connection with ENGINEER's authority as to mance of the Work. ENGINEER will not be responsible Applications for Payment, see Article 14. for CONTRACTOR's failure to perform the Work in accor- dance with the Contract Documents. 9.08 Determinations for Unit Price Work C. ENGINEER will not be responsible for the acts or A. ENGINEER will detemtine the actual quantities omissions of CONTRACTOR or of any Subcontractor, any and classifications of Unit Price Work performed by Supplier, or of any other individual or entity performing CONTRACTOR. ENGINEER will review with CON- any of the Work. TRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon D. ENGINEER's review of the final Application for (by recommendation of an Application for Payment or Payment and accompanying documentation and all mainte- otherwise). ENGINEER's written decision thereon will be nance and operating instructions, schedules, guarantees, final and binding (except as modified by ENGINEER to Bonds, certificates of inspection, tests and approvals, and reflect changed factual conditions or more accurate data) other documentation required to be delivered by paragraph 00700 - 30 r .� 14.07.A will only be to determine generally that their correction of defective Work under paragraph 13 .09, content complies with the requirements of, and in the case or (iii) agreed to by the parties; of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract 2. changes in the Contract Price or Contract Documents. Times which are agreed to by the parties, including any undisputed sum or amount of time for Work E. The limitations upon authority and responsibility actually performed in accordance with a Work M set forth in this paragraph 9 . 10 shall also apply to Change Directive; and ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. 3 . changes in the Contract Price or Contract ,r Times which embody the substance of any written ARTICLE 10 - CHANGES IN THE WORK; CLAIMS decision rendered by ENGINEER pursuant to para- graph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from 10.01 Authorized Changes in the Work any such decision in accordance with the provisions of the Contract Documents and applicable Laws and A. Without invalidating the Agreement and without Regulations, but during any such appeal, notice to any surety, OWNER may, at any time or from time CONTRACTOR shall carry on the Work and adhere to time, order additions, deletions, or revisions in the Work to the progress schedule as provided in paragraph by a Written Amendment, a Change Order, or a Work 6. 18.A. Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work 10.04 Notification to Surety involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise A. If notice of any change affecting the general scope 4W specifically provided). of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract B . If OWNER and CONTRACTOR are unable to Times) is required by the provisions of any Bond to be agree on entitlement to, or on the amount or extent, if any, given to a surety, the giving of any such notice will be 'o of an adjustment in the Contract Price or Contract Times, or CONTRACTOR's responsibility. The amount of each both, that should be allowed as a result of a Work Change applicable Bond will be adjusted to reflect the effect of any Directive, a Claim may be made therefor as provided in such change. dw paragraph 10.05. 10.05 Claims and Disputes 10 . 02 Unauthorized Changes in the Work A. Notice: Written notice stating the general nature A. CONTRACTOR shall not be entitled to an of each Claim, dispute, or other matter shall be delivered by increase in the Contract Price or an extension of the the claimant to ENGINEER and the other party to the Contract Times with respect to any work performed that is Contract promptly (but in no event later than 30 days) after dw not required by the Contract Documents as amended, the start of the event giving rise thereto. Notice of the modified, or supplemented as provided in paragraph 3 .04, amount or extent of the Claim, dispute, or other matter with except in the case of an emergency as provided in paragraph supporting data shall be delivered to the ENGINEER and 6. 16 or in the case of uncovering Work as provided in the other party to the Contract within 60 days after the start paragraph 13 .04.B. of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in 10.03 Execution of Change Orders support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in A. OWNER and CONTRACTOR shall execute accordance with the provisions of paragraph 12 .01 .13. A appropriate Change Orders recommended by ENGINEER Claim for an adjustment in Contract Time shall be prepared (or Written Amendments) covering: in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written 1 . changes in the Work which are : (i) statement that the adjustment claimed is the entire ordered by OWNER pursuant to paragraph 10.0l .A, adjustment to which the claimant believes it is entitled as a (ii) required because of acceptance of defective result of said event. The opposing party shall submit any Work under paragraph 13 .08.A or OWNER' S response to ENGINEER and the claimant within 30 days 4W ow 00700 - 31 after receipt of the claimant's last submittal (unless to CONTRACTOR will be only those additional or ENGINEER allows additional time). incremental costs required because of the change in the Work or because of the event giving rise to the Claim B. ENGINEER 's Decision. ENGINEER will render Except as otherwise may be agreed to in writing by a formal decision in writing within 30 days after receipt of OWNER, such costs shall be in amounts no higher than the last submittal of the claimant or the last submittal of the those prevailing in the locality of the Project, shall include opposing party, if any. ENGINEER's written decision on only the following items, and shall not include any of the such Claim, dispute, or other matter will be fmal and costs itemized in paragraph 11 .0I .B . binding upon OWNER and CONTRACTOR unless: 1 . Payroll costs for employees in the direct 1 . an appeal from ENGINEER's decision is employ of CONTRACTOR in the performance of taken within the time limits and in accordance with the Work under schedules of job classifications the dispute resolution procedures set forth in Article agreed upon by OWNER and CONTRACTOR. 16; or Such employees shall include without limitation superintendents, foremen, and other personnel 2. if no such dispute resolution procedures employed full time at the Site. Payroll costs for have been set forth in Article 16, a written notice of employees not employed full time on the Work shall intention to appeal from ENGINEER's written be apportioned on the basis of their time spent on the decision is delivered by OWNER or CONTRAC- Work. Payroll costs shall include, but not be limited TOR to the other and to ENGINEER within 30 days to, salaries and wages plus the cost of fringe after the date of such decision, and a formal benefits, which shall include social security proceeding is instituted by the appealing party in a contributions, unemployment, excise, and payroll forum of competent jurisdiction within 60 days after taxes, workers ' compensation, health and retirement the date of such decision or within 60 days after benefits, bonuses, sick leave, vacation and holiday Substantial Completion, whichever is later (unless pay applicable thereto. The expenses of performing otherwise agreed in writing by OWNER and Work outside of regular working hours, on Saturday, CONTRACTOR), to exercise such rights or Sunday, or legal holidays, shall be included in the remedies as the appealing party may have with above to the extent authorized by OWNER. respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. 2. Cost of all materials and equipment fur- nished and incorporated in the Work, including costs C. If ENGINEER does not render a formal decision of transportation and stor ge thereof, and Suppliers' in writing within the time stated in paragraph 10.05 .13, a field servicesrequired in connection therewith. All decision denying the Claim in its entirety shall be deemed to cash discounts shall accrue to CONTRACTOR have been issued 31 days after receipt of the last submittal unless OWNER deposits funds with of the claimant or the last submittal of the opposing party, CONTRACTOR with which to make payments, in if any. which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds D. No Claim for an adjustment in Contract Price or and returns from sale of surplus materials and Contract Times (or Milestones) will be valid if not equipment shall accrue to OWNER, and submitted in accordance with this paragraph 10.05 . CONTRACTOR shall make provisions so that they may be obtained. ARTICLE I I - COST OF THE WORK; CASH 3. Payments made by CONTRACTOR to ALLOWANCES ; UNIT PRICE WORK Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from 11 .01 Cost of the Work subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, A. Costs Included: The term Cost of the Work means who will then determine, with the advice of ENGI- the sum of all costs necessarily incurred and paid by CON- NEER, which bids, if any, will be acceptable. If any TRACTOR in the proper performance of the Work. When subcontract provides that the Subcontractor is to be the value of any Work covered by a Change Order or when paid on the basis of Cost of the Work plus a fee, the a Claim for an adjustment in Contract Price is determined Subcontractor's Cost of the Work and fee shall be on the basis of Cost of the Work, the costs to be reimbursed determined in the same manner as 00700 - 32 CONTRACTOR's Cost of the Work and fee as within the deductible amounts of property insurance provided in this paragraph 11 .01 . established in accordance with paragraph 5 .06.1)), provided such losses and damages have resulted 4. Costs of special consultants (including from causes other than the negligence of but not limited to engineers, architects, testing CONTRACTOR, any Subcontractor, or anyone laboratories, surveyors, attorneys, and accountants) directly or indirectly employed by any of them or for employed for services specifically related to the whose acts any of them may be liable. Such losses W Work. shall include settlements made with the written consent and approval of OWNER. No such losses, 5 . _ Supplemental costs including the damages, and expenses shall be included in the Cost following: of the Work for the purpose of determining CONTRACTOR's fee. a. The proportion of necessary trans- portation, travel, and subsistence expenses of g. The cost of utilities, fuel, and sanitary CONTRACTOR's employees incurred in discharge facilities at the Site. of duties connected with the Work. h. Minor expenses such as telegrams, long b. Cost, including transportation and main- distance telephone calls, telephone service at the + tenance, of all materials, supplies, equipment, Site, expressage, and similar petty cash items in machinery, appliances, office, and temporary facili- connection with the Work. ties at the Site, and hand tools not owned by the + workers, which are consumed in the performance of i. When the Cos[ of the Work is used to the Work, and cost, less market value, of such items determine the value of a Change Order or of a used but not consumed which remain the property of Claim, the cost of premiums for additional Bonds CONTRACTOR. and insurance required because of the changes in the + Work or caused by the event giving rise to the C. Rentals of all construction equipment and Claim machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with j. When all the Work is performed on the rental agreements approved by OWNER with the basis of cost-plus, the costs of premiums for all advice of ENGINEER, and the costs of Bonds and insurance CONTRACTOR is required by + transportation, loading, unloading, assembly, the Contract Documents to purchase and maintain. dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental B. Casts Excluded: The terra Cost of the Work shall agreements. The rental of any such equipment, ma- not include any of the following items: + chinery, or parts shall cease when the use thereof is 1 . Payroll costs and other compensationnsation no longer necessary for the Work. CONTRACTOR'S officers, executives, principals d. Sales, consumer, use, and other similar (of partnerships and sole proprietorships), general taxes related to the Work, and for which CON- managers, engineers, architects, estimators, attor- TRACTOR is liable, imposed by Laws and Regu- neys, auditors, accountants, purchasing and con- lations. tracting agents, expediters, timekeepers, clerks, and + other personnel employed by CONTRACTOR, e . Deposits lost for causes other than negli- whether at the Site or in CONTRACTOR' s principal gence of CONTRACTOR, any Subcontractor, or or branch office for general administration of the anyone directly or indirectly employed by any of Work and not specifically included in the agreed them or for whose acts any of them may be liable, upon schedule of job classifications referred to in and royalty payments and fees for permits and paragraph 11 .0l .A. 1 or specifically covered by licenses. paragraph I1 .0l .A.4, all of which are to be + considered administrative costs covered by the f Losses and damages (and related expenses) CONTRACTOR' s fee. caused by damage to the Work, not compensated by .� 2. Expenses of CONTRACTOR'S principal insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- and branch offices other than CONTRACTOR's mance of the Work (except losses and damages office at the Site. s 00700 - 33 demand for additional payment on account of any of 3. Any part of CONTRACTOR's capital the foregoing will be valid. expenses, including interest on CONTRACTOR's capital employed for the Work and charges against B. Prior to final payment, an appropriate Change CONTRACTOR for delinquent payments. Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of 4. Costs due to the negligence of CON- Work covered by allowances, and the Contract Price shall TRACTOR, any Subcontractor, or anyone directly be correspondingly adjusted. or indirectly employed by any of them or for whose acts any of them may be liable, including but not 11 .03 Unit Price Work limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and A. Where the Contract Documents provide that all or making good any damage to property. part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price 5 . Other overhead or general expense costs Work an amount equal to the sum of the unit price for each of any kind and the costs of any item not specifically separately identified item of Unit Price Work times the and expressly included in paragraphs 11 .0l .A and estimated quantity of each item as indicated in the Agree- 11 .01 .B. ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of C. CONTRACTOR 's Fee. When all the Work is comparison of Bids and determining an initial Contract performed on the basis of cost-plus, CONTRACTOR's fee Price. Determinations of the actual quantities and shall be determined as set forth in the Agreement. When classifications of Unit Price Work performed by the value of any Work covered by a Change Order or when CONTRACTOR will be made by ENGINEER subject to a Claim for an adjustment in Contract Price is determined the provisions of paragraph 9.08. on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12 .01 .C. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to D. Documentation: Whenever the Cost of the Work cover CONTRACTOR's overhead and profit for each for any purpose is to be determined pursuant to paragraphs separately identified item. 11 .0 LA and 11 .0I .B, CONTRACTOR will establish and maintain records thereof in accordance with generally C. OWNER or CONTRACTOR may make a Claim accepted accounting practices and submit in a form for an adjustment in the Contract Price in accordance with acceptable to ENGINEER an itemized cost breakdown paragraph 10.05 if: together with supporting data. 1 . the quantity of any item of Unit Price 11 .02 Cash Allowances Work performed by CONTRACTOR differs mate- rially and significantly from the estimated quantity A. It is understood that CONTRACTOR has included of such item indicated in the Agreement; and in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to 2. there is no corresponding adjustment be performed for such sums as may be acceptable to with respect any other item of Work; and OWNER and ENGINEER. CONTRACTOR agrees that: 3 . if CONTRACTOR believes that 1 . the allowances include the cost to CON- CONTRACTOR is entitled to an increase in TRACTOR (less any applicable trade discounts) of Contract Price as a result of having incurred addi- materials and equipment required by the allowances tional expense or OWNER believes that OWNER is to be delivered at the Site, and all applicable taxes; entitled to a decrease in Contract Price and the and parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no 00700 - 34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; b=rorcosA—a=euffed ''"I paragEaph CHANGE OF CONTRACT TIMES + + n , A 3�th_ CO*,T;'D A CTO fee shall be five _erre t; 12.01 Change of Contract Price o. whefemore tie's of subeeiYffaets are =e On the hAgis of Gest of the Work A. The Contract Price may only be changed by a and�w `�d, - is ed upe""�=rnnte�f 1. Change Order or by a Written Amendment. Any Claim for . G'1 a an adjustment in the Contract Price shall be based on whe _eyaally peif fms the `A'^-k, whatever written notice submitted by the party making the Claim to tieF, will be paid c fee of lc re_ee-« of the ceste _ the ENGINEER and the other party to the Contract m . .._,. a1T r r ehSubsentra ...a"_ paraa. " accordance with the provisions of paragraph 10.05 . 11 .0 ! d 11 .0 l " 2 and that any h' "hei Subceivffaetef d CO T- CTO willea h 1. B. The value of any Work covered by a Change paid a fee of r..,e r:__"..« of the .,.,._.r. paid Order or of any Claim for an adjustment in the Contract4he Next l ".....- fieF Rub- -. Price will be determined as follows: d. me fee 4.. 01 bb payablean the bars :f 1 . where the Work involved is covered by costs iternized undaF ^ "-"'''s 11 .01-.A-.4-, unit prices contained in the Contract Documents, by 1101A .... c a 110113 application of such unit prices to the quantities of the items involved (subject to the provisions of para- e. the mount of eFedil to be -'-1•nv• -' `" + graph 11 .03 ); oI CONTRACTOR OIAETMR r- __ . change hi h _ ,__ in a net deefease in eest 'll be h Part of paragraph 12.013.2 has been deleted. arneui4 of the ae-ual Fiet decFease in eat pl- r 2. where the Work involved is not covered daedoe ion in Ol*J A GTQ fee by m by unit prices contained in the Contract Documents, aniount equal to five p "e-'A -r �-. U r;+ by a mutually agreed lumps deerease;and in aGC0fdaA8e with P"Faph 12.01 .G.2); or, f when beth additions aPA efedi ,. "d "l. Inge the adjustment in Paragraph 12.0l .B.3 has been deleted in its entirety. CONTn nD • fee hall be ",........ted w_ 3. when .x ��-..ork ink involved is net eev _"abasis of the net ehange in aeoefdanee with paFa b unit pfises oantaiaed in the (`ontf et Hoot. encs graphs 11 01- 7 _ N . ugh , 7 n , ('_0 o in -ln- d "nt " lump -et "ed ..oder Site. ' C __ ' " � par-agniph 12.01 .D .2, on the begig Af the Cost Pf the We--k (determined as ..royid12.02 Change of Contract Times r a r i A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Paragraph 12.01 .0 has been deleted in its entirety. Any Claim for an adjustment m the Contract Times (or E En ,Tn���Tnn 's 3F-ee. The CnNTR Ar`TnA �TO R 's Milestones) shall be based on written notice submitted by r bead and profit shall he determined Ag f flew . the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of 1 a fnuwally aeceptable a.ea fee; e paragraph 10.05 . s2 . if _ fixed o_a is not agreed "_ then-a B. Any adjustment of the Contract Times (or f based an h follovAng pefeentages o f the Milestones) covered by a Change Order or of any Claim for Portions of the Cost e f the "'rk an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12 . M A d 1 nl A .2,O the GONTn ACTORIs ` ^ h^" Ge=` , _._ 12.03 Delays Beyond CONTRACTOR 's Control s A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times a 00700 - 35 (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will r _ whom nrxremn is res.,..nsibl be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12 .02.A. Delays beyond the control of CONTRACTOR ARTICLE 13 - TESTS AND INSPECTIONS ; shall include, but not be limited to, acts or neglect by CORRECTION, REMOVAL OR ACCEPTANCE OF OWNER, acts or neglect of utility owners or other DEFECTIVE WORK contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 13 .01 Notice of Defects 12.04 Delays Within CONTRACTOR 's Control A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be A. The Contract Times (or Milestones) will not be given to CONTRACTOR. All defective Work may be extended due to delays within the control of rejected, corrected, or accepted as provided in this CONTRACTOR. Delays attributable to and within the Article 13 . control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 13 .02 Access to Work 12.05 Delays Beyond OWNER 's and CONTRACTOR 's A. OWNER, ENGINEER, ENGINEER's Con- Control sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies A. Where CONTRACTOR is prevented from with jurisdictional interests will have access to the Site and completing any part of the Work within the Contract Times the Work at reasonable times for their observation, (or Milestones) due to delay beyond the control of both inspecting, and testing. CONTRACTOR shall provide OWNER and CONTRACTOR, an extension of the them proper and safe conditions for such access and advise Contract Times (or Milestones) in an amount equal to the them of CONTRACTOR's Site safety procedures and time lost due to such delay shall be CONTRACTOR's sole programs so that they may comply therewith as applicable. and exclusive remedy for such delay. 13 .03 Tests and Inspections 12 .06 Delay Damages A. CONTRACTOR shall give ENGINEER timely Paragraphs 12.06.A and 12.06 B have been deleted and notice of readiness of the Work for all required inspections, replaced with a new paragraph. See the Supplementary tests, or approvals and shall cooperate with inspection and Conditions. testing personnel to facilitate required inspections or tests. Ain 1. lln 4lE of LTTf'PMER� ] 'able A Cn CTQR _ c h_ _ Fade_ any Supplier, Paragraph 13.03.B has been deleted and replaced with a new paragraph. See the Supplementary Conditions. employee r agefA of any of: theffi; for dafnages arising o W OWNER shall r igy and pay fef the sev ices of eTBr-LCsaltingrenx an independent testing laboratefy to pet4bFm-a44Fkpeefieas, " delays ..ed L..J ... _ ..dth:., the eontml of e�mY.i "^ " SCI fevals 2 delays 1, Jd h eantrol e f: both , n TyE d CO AC-T elud:..g hoot not lifnited ta fires, floods, abnormaleether hincurred .:th $ond ' ' f God,epidemics,aets or .de t by tilit.04A.MPFq OF .. ..d.. ..t ted p t..�p the_ con-Tactors ..e..{;.....:.. .. ..the_ . ,._l. n 13 shall h paid as provided in said paragraph D Nothing in this paragraph 12 .06 baFs a change Zh ,.dicall.J. provided in the CONTRACTOR d delay, e_!e_ence o fA:� 00700 - 36 r Paragraph 13.03.0 has been deleted in its entirety. attorneys, and other professionals and all court or arbitration nu r Awq of Regulatiew of any publip. or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and to be inspeeted; of appreved by an effvl&3� testing, and of satisfactory replacement or reconstruction r (including but not limited to all costs of repair or bility Fer and Obta �n_9 _.. u replacement of work of others); and OWNER shall be ` P I eenneetloH entitled to an appropriate decrease in the Contract Price. If rU • � ' v c rr rcD t1se e . _ea �� h= the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in of inspeetion of appFevnl paragraph 10.05. If, however, such Work is not found to be D. CONTRACTOR shall be responsible for defective, CONTRACTOR shall be allowed-ana=eFease-in W arranging and obtaining and shall pay all costs in connection ' r D_: .o e an extension of the Contract Times (or _t directl attributable to such with any inspections, tests, or approvals required for Milestones), Y OWNER's and ENGINEER' s acceptance of materials or uncovering, exposure, observation, inspection, testing, r equipment to be incorporated in the Work; or acceptance of replacement, and reconstruction. If the parties are unable to materials, mix designs, or equipment submitted for approval agree as to the_atne� extent thereof, CONTRACTOR prior to CONTRACTOR's purchase thereof for may make a Claim therefor as provided in paragraph 10.05 . r incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Paragraph 13.05.A has been deleted and replaced with a OWNER and ENGINEER. new paragraph. See the Supplementary Conditions. E. If any Work (or the work of others) that is to be 13 .05 OWNER May Stop the Work inspected, tested, or approved is covered by CONTRAC- F rxi v , a F CONTRACTOR r:l.. TOR without written concurrence of ENGINEER, it must, �e ��is a _ Q Fs � r r 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 CON- Desuments, def e - N uriol h he Pause F p TRACTOR has given ENGINEER timely notice of the Wofk, of any pe lion sueb CONTRACTOR' s intention to cover the same and ENGI- NEER has not acted with reasonable promptness in Ole ise te any� . fightF,._ ut benefitpaft ..F Dthe. response to such notice. F n{ C-,ONTBAGTOR, c b .....e_ c - A new Paragraph 13.03.G has been added. See the Supplementary Conditions. � dietre 13 .04 Uncovering Work 13 .06 Correction or Removal of Defective Work .� A. If any Work is covered contrary to the written A. CONTRACTOR shall correct all defective Work, request of ENGINEER, it must, if requested by ENGI- whether or not fabricated, installed, or completed, or, if the NEER, be uncovered for ENGINEER's observation and Work has been rejected by ENGINEER, remove it from the replaced at CONTRACTOR' s expense. Project and replace it with Work that is not defective. r CONTRACTOR shall pay all Claims, costs, losses, and Parts of the last two sentences of paragraph 13.04.13 damages (including but not limited to all fees and charges of have been deleted. engineers, architects, attorneys, and other professionals and r B. If ENGINEER considers it necessary or advisable all court or arbitration or other dispute resolution costs) that covered Work be observed by ENGINEER or inspect- arising out of or relating to such correction or removal ed or tested by others, CONTRACTOR, at ENGINEER's (including but not limited to all costs of repair or 40 request, shall uncover, expose, or otherwise make available replacement of work of others). for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all 13 .07 Correction Period necessary labor, material, and equipment. If it is found that +� such Work is defective, CONTRACTOR shall pay all A. If within one year after the date of Substantial Claims, costs, losses, and damages (including but not Completion or such longer period of time as may be limited to all fees and charges of engineers, architects, prescribed by Laws or Regulations or by the terms of any r 00700 - 37 applicable special guarantee required by the Contract engineers, architects, attorneys, and other professionals and Documents or by any specific provision of the Contract all court or arbitration or other dispute resolution costs) Documents, any Work is found to be defective, or if the attributable to OWNER's evaluation of and determination repair of any damages to the land or areas made available to accept such defective Work (such costs to be approved for CONTRACTOR's use by OWNER or permitted by by ENGINEER as to reasonableness) and the diminished Laws and Regulations as contemplated in paragraph 6. 1 LA value of the Work to the extent not otherwise paid by is found to be defective, CONTRACTOR shall promptly, CONTRACTOR pursuant to this sentence. If any such without cost to OWNER and in accordance with OWNER's acceptance occurs prior to ENGINEER's recommendation written instructions: (i) repair such defective land or areas, of final payment, a Change Order will be issued or (ii) correct such defective Work or, if the defective Work incorporating the necessary revisions in the Contract has been rejected by OWNER, remove it from the Project Documents with respect to the Work, and OWNER shall be and replace it with Work that is not defective, and (iii) entitled to an appropriate decrease in the Contract Price, satisfactorily correct or repair or remove and replace any reflecting the diminished value of Work so accepted. If the damage to other Work, to the work of others or other land parties are unable to agree as to the amount thereof, or areas resulting therefrom If CONTRACTOR does not OWNER may make a Claint . therefor as provided in promptly comply with the terms of such instructions, or in paragraph 10.05. If the acceptance occurs after such an emergency where delay would cause serious risk of loss recommendation, an appropriate amount will be paid by or damage, OWNER may have the defective Work CONTRACTOR to OWNER. corrected or repaired or may have the rejected Work re- moved and replaced, and all Claims, costs, losses, and 13 .09 OWNER May Correct Defective Work damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and A. If CONTRACTOR fails within a reasonable time all court or arbitration or other dispute resolution costs) after written notice from ENGINEER to correct defective arising out of or relating to such correction or repair or such Work or to remove and replace rejected Work as required removal and replacement (including but not limited to all by ENGINEER in accordance with paragraph 13 .06.A, or if costs of repair or replacement of work of others) will be CONTRACTOR fails to perform the Work in accordance paid by CONTRACTOR. with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract B. In special circumstances where a particular item of Documents, OWNER may, after seven days written notice equipment is placed in continuous service before to CONTRACTOR, correct and remedy any such Substantial Completion of all the Work, the correction deficiency. period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In C. Where defective Work (and damage to other Work connection with such corrective and remedial action, resulting therefrom) has been corrected or removed and OWNER may exclude CONTRACTOR from all or part of replaced under this paragraph 13 .07, the correction period the Site, take possession of all or part of the Work and hereunder with respect to such Work will be extended for suspend CONTRACTOR's services related thereto, take an additional period of one year after such correction or possession of CONTRACTOR's tools, appliances, con- removal and replacement has been satisfactorily completed. struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the D. CONTRACTOR's obligations under this Site or for which OWNER has paid CONTRACTOR but paragraph 13.07 are in addition to any other obligation or which are stored elsewhere. CONTRACTOR shall allow warranty. The provisions of this paragraph 13 .07 shall not OWNER, OWNER's representatives, agents and employ- be construed as a substitute for or a waiver of the provisions ees, OWNER's other contractors, and ENGINEER and of any applicable statute of limitation or repose. ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this 13 .08 Acceptance of Defective Work paragraph. A. If, instead of requiring correction or removal and C. All Claims, costs, losses, and damages (including replacement of defective Work, OWNER (and, prior to but not limited to all fees and charges of engineers, ENGINEER' s recommendation of final payment, architects, attorneys, and other professionals and all court or ENGINEER) prefers to accept it, OWNER may do so. arbitration or other dispute resolution costs) incurred or CONTRACTOR shall pay all Claims, costs, losses, and sustained by OWNER in exercising the rights and remedies damages (including but not limited to all fees and charges of under this paragraph 13 .09 will be charged against CON- 00700 - 38 ON- 00700 - 38 i TRACTOR, and a Change Order will be issued incorpo- OWNER's interest therein, all of which must be rating the necessary revisions in the Contract Documents satisfactory to OWNER. with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties 2. Beginning with the second Application are unable to agree as to the amount of the adjustment, for Payment, each Application shall include an OWNER may make a Claim therefor as provided in affidavit of CONTRACTOR stating that all previous paragraph 10.05 . Such claims, costs, losses and damages progress payments received on account of the Work will include but not be limited to all costs of repair, or have been applied or. account to discharge replacement of work of others destroyed or damaged by CONTRACTOR's legitimate obligations associated correction, removal, or replacement of CONTRACTOR' s with prior Applications for Payment. r defective Work. 3 . The amount of retainage with respect to D. CONTRACTOR shall not be allowed an extension progress payments will be as stipulated in the of the Contract Times (or Milestones) because of any delay Agreement. i in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this B . Review of Applications paragraph 13 .09. 1 . ENGINEER will, within 10 days after +� receipt of each Application for Payment, either ARTICLE 14 - PAYMENTS TO CONTRACTOR AND indicate in writing a recommendation of payment COMPLETION and present the Application to OWNER or return the i Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend 14.01 Schedule of Values payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the i A. The schedule of values established as provided in Application. paragraph 2 .07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- 2. ENGINEER' s recommendation of any tion for Payment acceptable to ENGINEER. Progress payment requested in an Application for Payment payments on account of Unit Price Work will be based on will constitute a representation by ENGINEER to the number of units completed. OWNER, based on ENTGINEER's observations on the Site of the executed Work as an experienced and qualified design 14 .02 Progress Payments q professional and on ENGIlVEER's review of the Application for Payment and the A. Applications for Payments accompanying data and schedules, that to the best of r ENGINEER's knowledge, information and belief: 1 . At least 20 days before the date estab- lished for each progress payment (but not more often a. the Work has progressed to the po int i than once a month), CONTRACTOR shall submit to indicated; ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering b. the quality of the Work is generally in the Work completed as of the date of the accordance with the Contract Documents (sub- Application and accompanied by such supporting ject to an evaluation of the Work as a function- documentation as is required by the Contract Docu- ing whole prior to or upon Substantial Comple- ments. If payment is requested on the basis of tion, to the results of any subsequent tests called r materials and equipment not incorporated in the for in the Contract Documents, to a final deter- Work but delivered and suitably stored at the Site or mination of quantities and classifications for at another location agreed to in writing, the Applica- Unit Price Work under paragraph 9.08, and to s tion for Payment shall also be accompanied by a bill any other qualifications stated in the of sale, invoice, or other documentation warranting recommendation) ; and that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the c. the conditions precedent to r materials and equipment are covered by appropriate CONTRACTOR' s being entitled to such pay- property insurance or other arrangements to protect ment appear to have baen fulfilled in so far as it r r 00700 - 39 is ENGINEER's responsibility to observe the c. OWNER has been required to correct Work. defective Work or complete Work in accordance with paragraph 13 .09 ; or 3 . By recommending any such payment ENGINEER will Dot thereby be deemed to have d. ENGINEER has actual knowledge of the represented that: (i) inspections made to check the occurrence of any of the events enumerated in quality or the quantity of the Work as it has been paragraph 15 .02 .A. performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed New paragraphs 14.02.B.5.e and f have been added. inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other C. Payment Becomes Due matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by 1 days a " presentation of OWNER or entitle OWNER to withhold payment to CONTRACTOR. "" " mended will'(subject pirovisions ofpaFagFaph 4. Neither ENGINEER's review of 1 " 02 ) become dueand 'Ahen &e ""ll be paid by CONTRACTOR's Work for the purposes of recom- D` "'1414•o CONTRA" TTOR mending payments nor ENGINEER's recommenda- tion of any payment, including final payment, will D. Reduction in Payment impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, meth- 1 . OWNER may refuse to make payment of ods, techniques, sequences, or procedures of the full amount recommended by ENGINEER construction, or the safety precautions and programs because: incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to a. claims have been made against OWNER CONTRACTOR's performance of the Work. on account of CONTRACTOR's performance or Additionally, said review or recommendation will furnishing of the Work; not impose responsibility on ENGINEER to make any examination to ascertain how or for what Part of Paragraph 14.02.D.1 .2 .b. has been deleted. purposes CONTRACTOR has used the moneys paid b. Liens have been filed in connection with on account of the Contract Price, or to determine the Work, .h=-e r-nwrrv_errnn hs that title to any of the Work, materials, or equipment delivered Y .a d satisfactory OWN has passed to OWNER free and clear of any Liens. P4 is seei-up, the gatisfaetion, and this"`" ge of such-I=ierts; 5 . ENGINEER may refuse to recornmend the whole or any part of any payment if, in c. there are other items entitling OWNER to ENGINEER's opinion, it would be incorrect to a set-off against the amount recommended; or make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse d. OWNER has actual knowledge of the to recommend any such payment or, because of occurrence of any of the events enumerated in subsequently discovered evidence or the results of paragraphs 14.02 .B. 5.a through 14.02.B .5 .c or subsequent inspections or tests, revise or revoke any paragraph 15 .02 .A. such payment recommendation previously made, to such extent as may be necessary in ENGINEER's New paragraphs 14.02.D.1 .e, f, and g have been added. opinion to protect OWNER from loss because: See the Supplementary Conditions. a. the Work is defective, or completed 2. If OWNER refuses to make payment of Work has been damaged, requiring correction or the full amount recommended by ENGINEER, replacement; OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating b. the Contract Price has been reduced by the reasons for such action and promptly pay CON- Written Amendment or Change Orders; TRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly 00700 - 40 pay CONTRACTOR the amount so withheld, or any recommendation as to division of responsibilities pending adjustment thereto agreed to by OWNER and final payment between OWNER and CONTRACTOR with CONTRACTOR, when CONTRACTOR corrects to respect to security, operation, safety, and protection of the OWNER's satisfaction the reasons for such action. Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR 3 . If it is subsequently determined that agree otherwise in writing and so inform ENGINEER in OWNER's refusal of payment was not justified, the writing prior to ENGINEER' s issuing the definitive i amount wrongfully withheld shall be treated as an certificate of Substantial Completion, ENGINEER' s amount due as detemrined by paragraph 14.02.C. 1 . aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.03 CONTRACTOR 's Warranty of Title � B . OWNER shall have the right to exclude A. CONTRACTOR warrants and guarantees that title CONTRACTOR from the Site after the date of Substantial to all Work, materials, and equipment covered by any Completion, but OWNER shall allow CONTRACTOR ar Application for Payment, whether incorporated in the reasonable access to complete or correct items on the Project or not, will pass to OWNER no later than the time tentative list. of payment free and clear of all Liens. 14.05 Partial Utilization 4W 14.04 Substantial Completion A. Use by OWNER at OWNER's option of any A. When CONTRACTOR considers the entire Work substantially completed part of the Work which has r ready for its intended use CONTRACTOR shall notify specifically been identified in the Contract Documents, or OWNER and ENGINEER in writing that the entire Work is which OWNER, ENGINEER, and CONTRACTOR agree substantially complete (except for items specifically listed constitutes a separately functioning and usable part of the lop by CONTRACTOR as incomplete) and request that Work that can be used by OWNER for its intended purpose ENGINEER issue a certificate of Substantial Completion. without significant interference with CONTRACTOR's Promptly thereafter, OWNER, CONTRACTOR, and performance of the remainder of the Work, may be ENGINEER shall make an inspection of the Work to accomplished prior to Substantial Completion of all the + determine the status of completion. If ENGINEER does not Work subject to the following conditions. consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons 1 . OWNER at any time may request CON- therefor. If ENGINEER considers the Work substantially TRACTOR in writing to pemvt OWNER to use any complete, ENGINEER will prepare and deliver to OWNER such part of the Work which OWNER believes to be a tentative certificate of Substantial Completion which shall ready for its intended use and substantially complete. fix the date of Substantial Completion. There shall be If CONTRACTOR agrees that such part of the • attached to the certificate a tentative list of items to be Work is substantially complete, CONTRACTOR completed or corrected before final payment. OWNER will certify to OWNER and ENGINEER that such shall have seven days after receipt of the tentative certificate part of the Work is substantially complete and ,w during which to make written objection to ENGINEER as request ENGINEER to issue a certificate of to any provisions of the certificate or attached list. If, after Substantial Completion for that part of the Work. considering such objections, ENGINEER concludes that the CONTRACTOR at any time may notify OWNER Work is not substantially complete, ENGINEER will within and ENGINEER in writing that CONTRACTOR r 14 days after submission of the tentative certificate to considers any such part of the Work ready for its OWNER notify CONTRACTOR in writing, stating the intended use and substantially complete and request reasons therefor. If, after consideration of OWNER' s ENGINEER to issue a certificate of Substantial M objections, ENGINEER considers the Work substantially Completion for that part of the Work, Within a complete, ENGINEER will within said 14 days execute and reasonable time after either such request, OWNER, deliver to OWNER and CONTRACTOR a definitive CONTRACTOR, and ENGINEER shall make an certificate of Substantial Completion (with a revised inspection of that part of the Work to determine its rr tentative list of items to be completed or corrected) status of completion. If ENGINEER does not reflecting such changes from the tentative certificate as consider that part of the Work to be substantially ENGINEER believes justified after consideration of any complete, ENGINEER will notify OWNER and do objections from OWNER At the time of delivery of the CONTRACTOR in writing giving the reasons there- tentative certificate of Substantial Completion ENGINEER for. If ENGINEER considers that part of the Work will deliver to OWNER and CONTRACTOR a written to be substantially complete, the provisions of para- 00700 - 41 ara-00700 - 41 graph 14 .04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (it) all payrolls, material and and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto. with the Work for which OWNER or OWNER's property might in any way be responsible have been 2 . No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or part of the Work may occur prior to compliance with Supplier fails to furnish such a release or receipt in the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may furnish a Bond or other property insurance. collateral satisfactory to OWNER to indemnify OWNER against any Lien. 14.06 Final Inspection B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, 1 . If, on the basis of ENGINEER's observa- ENGINEER will promptly make a final inspection with tion of the Work during construction and final OWNER and CONTRACTOR and will notify CON- inspection, and ENGINEER's review of the final TRACTOR in writing of all particulars in which this Application for Payment and accompanying docu- inspection reveals that the Work is incomplete or defective. mentation as required by the Contract Documents, CONTRACTOR shall immediately take such measures as ENGINEER is satisfied that the Work has been are necessary to complete such Work or remedy such completed and CONTRACTOR's other obligations deficiencies. under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the 14.07 Final Payment final Application for Payment, indicate in writing ENGINEER's recommendation of payment and A. Application for Payment present the Application for Payment to OWNER for payment. At the same time ENGINEER will also 1 . After CONTRACTOR has, in the give written notice to OWNER and CON- opinion of ENGINEER, satisfactorily completed all TRACTOR that the Work is acceptable subject to corrections identified during the final inspection and the provisions of paragraph 14.09. Otherwise, has delivered, in accordance with the Contract ENGINEER will return the Application for Payment Documents, all maintenance and operating to CONTRACTOR, indicating in writing the reasons instructions, schedules, guarantees, Bonds, for refusing to recommend final payment, in which certificates or other evidence of insurance case CONTRACTOR shall make the necessary certificates of inspection, marked-up record docu- corrections and resubmit the Application for ments (as provided in paragraph 6. 12), and other Payment. documents, CONTRACTOR may make application for final payment following the procedure for C. Payment Becomes Due progress payments. 1 . Thirty days after the presentation to 2. The final Application for Payment shall - OWNER of the Application for Payment and be accompanied (except as previously delivered) by: accompanying documentation, the amount (i) all documentation called for in the Contract recommended by ENGINEER will become due and, Documents, including but not limited to the when due, will be paid by OWNER to CON- evidence of insurance required by subparagraph TRACTOR. 5.04.13.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective 14.08 Final Completion Delayed releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection A. If, through no fault of CONTRACTOR, final with the Work. completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of 3 . In lieu of the releases or waivers of Liens CONTRACTOR's final Application for Payment and specified in paragraph 14.07 .A.2 and as approved by recommendation of ENGINEER, and without terminating OWNER, CONTRACTOR may famish receipts or the Agreement, make payment of the balance due for that releases in full and an affidavit of CONTRACTOR portion of the Work fully completed and accepted. If the that (i) the releases and receipts include all labor, remaining balance to be held by OWNER for Work not 00700 - 42 ! ,r fully completed or corrected is less than the retainage A. The occurrence of any one or more of the stipulated in the Agreement, and if Bonds have been following events will justify termination for cause: furnished as required in paragraph 5 .01 , the written consent of the surety to the payment of the balance due for that 1 . CONTRACTOR's persistent failure to portion of the Work fully completed and accepted shall be perform the Work in accordance with the Contract submitted by CONTRACTOR to ENGINEER with the Documents (including, but not limited to, failure to Application for such payment. Such payment shall be made supply sufficient skilled workers or suitable materi- a under the terms and conditions governing final payment, als or equipment or failure to adhere to the progress except that it shall not constitute a waiver of Claims. schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph r 14.09 Waiver of Claims 6.04); Paragraph 14.09 has been deleted and replaced in its 2. CONTRACTOR's disregard of Laws or entirety with a new paragraph. See the Supplementary Regulations of any public body having jurisdiction; ! Conditions. A The uialdng -eera _'a payment_ of final payme •• ll 3. CONTRACTOR's disregard of the t� authority of ENGINEER; or 4W Vffli-,ey C all Gl..:_.... by 03AT I ]D 4. CONTRACTOR'S violation in any against GOP4R A GTO t eepr_i.,:..." ., o substantial way of any provisions of the Contract r fr ) n unsealed Liens, fi-�� dem cti_.c " 'cr'_ appe^- Documents. ..rr__. ^ 06 ffem failure mply withthe C,,......_ New Paragraphs 15.02.A.5 and 15.02.A.6 have been DnP.....R,Hvq of the temps of any =_e,.:.,, guara ee added. See the Supplementary Conditions. continuing obligations undef the Contract Deou The third sentence of Paragraph 15.02.11; has been n3ents-and deleted and replaced with a new sentence. See the Supplementary Conditions. ! waiver of HE Claims by GONTD A C B. If one or more of the events identified in paragraph TOR against 03Xrn cn ea.,,_ than these previous!. 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 ARTICLE 15 - SUSPENSION OF WORK AND CONTRACTOR's tools, appliances, construction equip- TERMINATION ment, 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), 15 .01 OWNER May Suspend Work incorporate in the Work all mate-ials and equipment stored ,» at the Site or for which OWNER has paid CONTRACTOR The last sentence of Paragraph 15.01 .A has been deleted but which are stored elsewhere, and finish the Work as and replaced with new sentences. See the OWNER may deem expedient. In such case, Supplementary Conditions. CONTRACTOR shall not be entitled to receive any further ! A. At any time and without cause, OWNER may payment until the Work is finished. if the unpaid balanee of suspend the Work or any portion thereof for a period of not the Contraet Mee wieeedsallalauns, costs, losses, an more than 90 consecutive days by notice in writing to CONdamages (inehiding but not limited to all fees and ehartes a - T TRACTOR and ENGINEER which will fix the date on engineers, aFelifteets, which Work will be resumed. CONTRACTOR shall lir' ., - . - : '-i4atien or othef a''-"" ""o'""o" eests) resume the Work on the date so fixed. C^NTRAGF stistained by OWNER arising out of eF relating ' An do g3ftension ch G T-Lines, _ be4 .,:_eed 00 Torg If such claims, costs, losses, and attfibwable suspensionif GONTn A GTnn damages exceed such unpaid balance, CONTRACTOR . shall pay the difference to OWNER. Such claims, costs, ! losses, and damages incurred by OWNER will be reviewed 15 .02 OWNER May Terminate for Cause by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. ! 00700 - 43 When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days by lowest price for the Work performed. OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for C. Where CONTRACTOR's services have been so Payment within 30 days after it is submitted, or ^`. 1AZP.'"T�D terminated by OWNER, the termination will not affect any failsfor '30 days to rc; CC9%!TRAC7-QR any sum fi""ny rights or remedies of OWNER against CONTRACTOR dots_ i ed to be dues then CONTRACTOR may, upon then existing or which may thereafter accrue. Any retention seven days written notice to OWNER and ENGINEER, and or payment of moneys due CONTRACTOR by OWNER provided OWNER or ENGINEER do not remedy such Will not release CONTRACTOR from liability. suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same A new Paragraph 15.02M has been added. See the terms as provided in paragraph 15 .03 . In lieu of terminating Supplementary Conditions. the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application 15 .03 OWNER May Terminate For Convenience for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay COhqRAC40R an A. Upon seven days written notice to CON- sum finally deteiinined to be du., CONTRACTOR may, - TRACTOR and ENGINEER, OWNER may, without cause seven days after written notice to OWNER and and without prejudice to any other right or remedy of ENGINEER, stop the Work until payment is made of all OWNER, elect to terminate the Contract. In such case, such amounts due CONTRACTOR, including interest CONTRACTOR shall be paid (without duplication of any thereon. The provisions of this paragraph 15.04 are not items): intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price I . for completed and acceptable Work or Contract Times or otherwise for expenses or damage executed in accordance with the Contract Docu- directly attributable to CONTRACTOR's stopping the ments prior to the effective date of termination, Work as permitted by this paragraph. including fair and reasonable sums for overhead and profit on such Work; ARTICLE 16 - DISPUTE RESOLUTION 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as re- 16.01 Methods and Procedures quired by the Contract Documents in connection with uncompleted Work, plus fair and reasonable Paragraph 16.01.A has been deleted and replaced with a sums for overhead and profit on such expenses; new paragraph. See the Supplementary Conditions. A. Dispute resolution methods an4procedtifes, if any, Paragraph 15.03.A3 has been deleted in its entirety. shall be as set feF '' in the Supplementary Conditions. 1 3 . c all elainis, costs, fosse. and damage method and r_ .. _eoea _e has been set forth, and subje the (inoluding Wt not lirmted in P11 feeq and charges 9 provisions of paragraphs 9.09 and 10.05, OIAIbMR and engineers, arcluteets, atForneys, andotlrer ''... . - _ AOFO may a --- ^.... .:..lit.. ..- remedies as disputeprofessionals and all egi,1Ft � arbitration of othe eithef may othef3Acise have under th Cenfraipt Doeuments eF 1 cosd in settlement C , and-ethers',-and ARTICLE 17 - MISCELLANEOUS 4. for reasonable expenses directly attributable to termination. 17 .01 Giving Notice B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss A. Whenever any provision of the Contract arising out of or resulting from such termination. Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to 15 .04 CONTRACTOR May Stop Work or Terminate 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 Parts of Paragraph 15.04 have been deleted. - 00700 - 44 • sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17 .02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the fust 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 r 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 0 survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17 .05 Controlling Law Paragraph 17.05.A has been deleted and replaced with a new paragraph. See the Supplementary Conditions. A. This C--ptinnet is to he govemed by the law of4he state in m4neh the Wc� ppt is laeated. New Paragraphs have been added. See the Supplementary Conditions. a 00700 - 45 r SECTION 00800 - SUPPLEMENTARY CONDITIONS .. TO THE GENERAL CONDITIONS NOTE : THIS TABLE OF CONTENTS IS NOT COMPLETE AND NEEDS TO BE UPDATED NOW Article Title Article Number Introduction SC - 1 . 00 Defined Terms SC - 1 . 01 " Before Starting Construction SC -2. 05 Preconstruction Conference SC - 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC - 3. 06 Subsurface and Physical Conditions SC - 4 . 02 Performance, Payment and Other Bonds SC - 5 . 01 Certificates of Insurance SC - 5 . 03 CONTRACTOR'S Liability Insurance SC - 5 . 04 OWNER'S Liability Insurance SC - 5 . 05 Property Insurance SC - 5 .06 Waiver of Rights SC - 5.07 Receipt and Application of Insurance Proceeds SC - 5. 08 Acceptance of Bonds and Insurance; Option to Replace SC - 5 . 09 Labor; Working Hours SC - 6 . 02 Permits SC - 6 . 06 ,r Taxes SC - 6 . 10 Test and Inspections SC - 13. 03 Progress Payments SC - 14 . 02 Mediation SC -16 . 02 Arbitration SC - 16 . 03 Liens SC - 17. 06 0201 -00800 - Supplementary Conditions 00800i FAEngineering%Capital Projects\0201-03128-Indian River Drive Sidewalk-South-Highland Drive SW10201 Indian River Drive South sidewalk - Contract Doca10201 -00800 - Supplementary Conditions.doc Rev. 05/01 SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC-1 .00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract ( No . 1910-8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below. All provisions , which are not so amended or supplemented , remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC-1 .01 Defined Terms SC- 1 . 01 .A. 20. Add the following language at the end of GC- 1 . 01 .A . 20: ENGINEER: Name IRC Engineering Division Address 1840 25'" Street City, State , Zip Vero Beach , FL 32960 Phone 772-567-8000 x 1280 Fax 772-778-9391 SC -2 .05 Before Starting Construction SC-2 . 05 . C. Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER , nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13. SC-2 .06 Pre-Construction Conference SC-2. 06 Delete paragraph GC-2. 06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract , but before the CONTRACTOR begins work , the Engineer will call a pre-construction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05 . 6 , procedures for handling Shop Drawings and other submittals, and maintaining required records . Utility companies and others as appropriate will be requested to attend to discuss and coordinate work. 0201 -00800 - Supplementary Conditions 00800 1 F1Engineering\Captal Projects10201 -03124-Indian R.ver Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Conlracl Docs10201 -00800 - Suppementary Conditions.doc Rev. 0501 r SC-3.06 Coordination of Plans, Specifications, and Special Provisions SC-3. 06 Add the following new paragraphs immediately after paragraph GC-3. 05: SC-3. 06 Coordination of Plans, Specifications, and Special Provisions A. In case of discrepancy, the governing order of the documents shall be as follows : 1 . Written Interpretations 2 . Addenda 3 . Specifications 4 . Supplementary Conditions to the General Conditions 5 . General Conditions 6 . Approved Shop Drawings 7. Drawings 8 . Referenced Standards. B . Written/computed dimensions shall govern over scaled dimensions . SC-4.03 Differing Subsurface or Physical Conditions SC4 .03 .C.3 Delete the following text from the second sentence of paragraph GC-4. 03. C. 3: arbitrat♦OR er ether SC-5.01 Performance, Payment and Other Bonds SC-5 . 01 .A. Delete paragraph GC-5. 01 .A in its entirety and insert the following paragraphs in its place: • A. Within ten ( 10) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125% of the Contract Price and a Payment Bond in an amount equal to 100% of the r Contract Price. 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 125% of the Contract Price is not an acceptable substitute . 2 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER. 3 . The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960. The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . do SC-5 . 01 . B . Delete paragraph GC-5. 01. 8 in its entirety and insert the following paragraph in its place: 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 0201 -00800 - Supplementary Conditions 008002 FSEngineennglCapital ProjectsW201 -03128-Indian River Drive Sidewalk-South-Highland Drive S'M0201 Indian River Drive South Sidewalk - Contract Docsk) 0l .00800 - Suppletnentary Conditionseci: Rev. 05101 Service , Surety Bond Branch, U . S. Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308. SC -5.03 Certificates of Insurance SC-5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC-5. 04 Add the following new paragraphs immediately after paragraph GC-5. 04. 8: C . The limits of liability for the insurance required by paragraph 5. 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1 . Worker's Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $ 100, 000 for each accident, $500 , 000 disease (policy limit) and $ 100, 000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. 2 . Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C. Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $ 1 ,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C. Non-Owned Autos . 4 . CONTRACTOR's "All Risk" Insurance : CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work . 5 . Special Requirements : a . Ten ( 10) days prior to the commencement of any work under this Contract , certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract 0201 -00800 - Supplementary Conditions 008003 F Trigineering%Capital Projech;M01 -031284ndian River Drive Sidewalk-South-Highland Drive SN 0201 Indian River Drive South Sidewalk - Contrad DocsW201 -00800 - Supplementary Conditions.doc Rev. 05/01 r Documents will be provided to the OWNER's Risk Manager for + review and approval . b . " Indian River County Florida' will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's ,. Risk "All Risk" Insurance. C. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager. d . An appropriate " Indemnification" clause shall be made a provision of the Contract (see paragraph 6 . 20 of the General Conditions ). r e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements . f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation . g . Insured must be authorized to do business and have an agent for + service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . D . Additional Insureds: 1 . In addition to " Indian River County, Florida , " the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies : a . None b . r C. E . Should the CONTRACTOR at any time, neglect or refuse to provide the insurance " required herein , or should such insurance be canceled or should the full annual aggregate amount of any policy not be available to satisfy the requirements of the Contract, the OWNER shall have the right, but not the obligation , to procure such + insurance for the CONTRACTOR and the cost thereof shall be deducted from the monies then due or thereafter to become due to the CONTRACTOR or to declare CONTRACTOR in default under the Contract. r SC-5.05 OWNER' s Liability Insurance SC-5. 05 Delete paragraph GC-5. 05.A in its entirety. SC-5.06 Property Insurance + SC-5.06 Delete paragraphs GC-5. 06. A, B, and C in their entirety and insert the following paragraphs in their place: + A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : r 1 . include the interests of OWNER, CONTRACTOR, Subcontractors , ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers , directors, partners , employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 0201 -00800 - Supplementary Conditions 008004 + F:1Engineering\Capital ProjectsW201-03128-Indian River Drive Sidewalk-South-Highland Drive SSM0201 Indian River Dnve Soulh sidewalk - Contract DOcs10201 -00800 - Supplementary Conditionsdoc Rev. 0901 2 . be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss : fire, lightning , extended coverage, theft, vandalism and malicious mischief, earthquake, collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3 . include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup ; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . B. CONTRACTOR shall be responsible for any deductible or self-insured retention . C. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph SC-5. 06 shall comply with the requirements of paragraph 5.06 . 0 of the General Conditions. SC-5 . 06 . E Delete paragraph GC-5. 06. E in its entirety and insert the following in its place: E . Additional Insureds : 1 . The following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies: a. Indian River County, Florida b. None C. SC-5.07 Waiver of Rights SC-5 . 07 Delete GC-5. 07 (paragraphs A, B, and C) in its entirety. SC-5.08 Receipt and Application of Insurance Proceeds SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. SC-5.09 Acceptance of Bonds and Insurance; Option to Replace SC-5 .09 Delete GC-5. 09 in its entirety. SC-6.02 Labor; Working Hours 0201 -00800 - Supplementary Conditions 008005 F \Engineering\Capital ProjectsM01-03128-Indian River Drive Sidewalk-South-Highland Drive S1M0201 Indian River Dnve South Sidewalk - Contract Docs10201 A0800 - Supplementary Conditions doc Rev. 05/01 r r SC-6 . 02 . B . Add the following paragraphs immediately after paragraph GC-6. 02. B: 1 . Regular working hours are defined as Monday through Friday, excluding Indian r River County Holidays , from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving , Christmas Eve and Christmas Day . Working on these days will not be permitted without prior written permission and approval from the Engineer. 3 . The CONTRACTOR shall receive no additional compensation for overtime work , i . e. , work in excess of eight hours in any one calendar day or 40 hours in any one r calendar week , even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the r CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any r payments otherwise due the CONTRACTOR. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the .. convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. r 6 . No work shall commence before 7 a. m . or continue after 7 p . m . except in case of emergency upon specific permission of the ENGINEER. r SC-6.05 Substitutes and "Or-Equals " SC-6 .05 .A Delete paragraph GC-6. 05.A in its entirety and insert the following in its place: A. Whenever an item of material or equipment is specified or described in the Con- tract Documents by using the name of a proprietary item or the name of a particular Supplier, that proprietary item or particular Supplier shall be used and no r other will be considered . If the specification or description contains or is followed by words such as "equivalent" or "or-equal ," then the specification or description is intended to establish the type, function , appearance, and quality required . In such r case, substitution of other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. i SC-6 .05.A. 1 . a . (ii) Delete sentence GC-6. 05.A. 1 . a. (il) in its entirety and insert the following in its place: r (ii ) it will reliably perform at least equally well the function of the named item of material or equipment, and ; SC -6. 06 Concerning Subcontractors , Suppliers, and Others r 0201 -00800 - Supplementary Conditions 008006 r FAEngineering\Capital Projects\0201-03128-Indian Pover Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Doa10201 -00800 - Supplententant Condioons.doc Rev. 05101 SC-6.06 .C. Add the following sentence at the end of paragraph GC-6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC-6 . 08 Add the following paragraphs immediately after paragraph GC-6. 08.A: B. The OWNER has obtained the following permits (copies of these permits are contained in Appendix "A"): 1 . SJRWMD 2 . C. The CONTRACTOR shall obtain and pay for all other required permits and licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. D . The CONTRACTOR shall be familiar with all permit requirements during construction and shall be responsible for complying with these requirements . The cost of this effort shall be included in the pay item in which the work is most closely associated with . SC -6 .10 Taxes SC-6 . 10.A Delete paragraph GC-6. 10.A in its entirety and insert the following in its place: OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment SC -6.20 Indemnification SC-6 . 20 Delete paragraph GC-6. 20 in its entirety and insert the following in its place: A. CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its agents , employees, elected officers and representatives , from liabilities , damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. SC-9.09 Decisions on Requirements of Contract Documents and Acceptability of Work SC-9 .09 Delete paragraph GC-9. 09. 8 in its entirety. 0201 -00800 - Supplementary Conditions 008007 F\Engineenng\Capilal Proiecls10201 -03128-Indian ever Dnve Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Do¢10201 -W8D0 - SupplementaryCondhions doc Rev. 05101 r SC-12 .01 Change of Contract Price SC- 12 . 01 . 6 . 2 Delete the following text from paragraph GC- 12. 01 . B. 2 and add a "period" () at the end of the remaining text. : r with p ph 12 01 r 2 ) � n SC- 12 . 01 Delete paragraphs GC- 12. 01 . 8. 3 and GC- 12. 01 . 0 in their entirety. SC-12.06 Delay Damages SC- 12 . 06 Delete paragraphs GC- 12. 06.A and GC- 12. 06. B in their entirety and insert the _ following paragraph in their place: A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization , or to any surety r for or employee or agent of any of them, for damages arising out of or resulting from any delay whatsoever. The CONTRACTOR's sole and exclusive remedy for delays to the project are time extensions . r SC-13.03 Test and Inspections r SC- 13 . 03. 6. Delete the first sentence of paragraph GC- 13. 03. 8 (up to the colon) in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to r perform all initial inspections , tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below. Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain , and pay for the following inspections, tests , or approvals : r 1 . inspections, tests , or approvals covered by paragraphs 13 . 03 . 0 and 13 . 03. D below; .. 2 . costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 6 shall be paid as provided in said paragraph 13 . 04. 6 ; 3 . tests otherwise specifically provided in the Contract Documents . r SC- 13 . 03 . Add the following paragraph immediately after paragraph GC- 13. 03. F: r G . The OWNER shall use the following testing laboratory: SC-13.04 Uncovering Work SC- 13 . 04. 6 Delete portions of the last two sentences as follows: If, however, such Work is not found to be defective, CONTRACTOR shall be allowed-aa '^ the GORtFaGt RFlGe a an extension of the Contract Times (or Milestones) ,-OF both-, directly attributable to such uncovering , exposure, observation , inspection , testing , replacement, and reconstruction . If the parties are unable to agree as to thearaeuat 0r 0201 -00800 - Supplementary Conditions.doc r00800 8 FdEngineering\Capital Rrojecu%02014)3128-Indian River Dore Sidewalk-Soulh.Highland Drive SS M0201 Indian River Drive South Sidewalk - Contract Docs10201 -00800 - Supplennentary Conduons.doc Rev. 08/01 replacement, and reconstruction. If the parties are unable to agree as to the ameuater extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work - SC-13.05.A. Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its place: A. If the Work is defective , or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications , or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated ; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR , any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.02 Progress Payments SC- 14. 02. 6 . 5 . Delete paragraph GC- 14. 02. 8. 5. d in its entirety and insert the following paragraph in its place: d . ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15 .02.A; or SC- 14. 02. 6 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests, or approvals taken after initial failing inspections, tests , or approvals . 0201 -00800 - Supplementary Conditions 008009 FAEngineennglCaptal ProjedsW2 3128-Inman River Drive Sidinvalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Gontr Docs\0201 .00800 - Supplementary Conditions noo Rev. 05101 SC-14 .02 . C. 1 . Delete paragraph GC- 14. 02. C. I in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Florida . Prompt Payment Act. SC- 14 . 02. D. 1 . b Revise GC- 14. 02. D. 1 . b to read as follows: b . Liens have been filed in connection with the Work. SC- 14 . 02 . D . 1 Add the following paragraphs at the end of paragraph GC- 14. 02. D. 1 . d: e . CONTRACTOR fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors ; f. the Work for which payment is requested cannot be verified ; g . of persistent failure to carry out the Work in accordance with the Contract Documents, or otherwise unsatisfactory prosecution of the Work; or h . of any other breach of, default under or violation of, or failure to comply with , the provisions of the Contract Documents. SC-14.07 Final Payment SC- 14. 07. C. 1 . Delete paragraph GC- 14. 07. C. i in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the " Florida _ Prompt Payment Act' ( F. S. Chapter 218 .70 , et. seq . ). SC-14. 09 Waiver of Claims SC-14. 09 Delete paragraph GC- 14. 09.A in its entirety and insert the following paragraph in its place: A. Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . SC-15.01 OWNER May Suspend Work SC- 15. 01 .A Delete the last sentence in paragraph GC- 15. 01 .A and insert the following in its r place: 0201 -00800 - Supplementary Conditions 00800 10 IIS R1Engineering%Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive 5W 201 Indian River Drive South Sidewalk - Contract Doca10201 -00800 - Supplentenlary Conditionsocc Rev. 05/01 CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 .05. CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension . SC-15.02 OWNER May Terminate For Cause SC- 15 . 02 .A. 5 and SC- 15 . 02.A. 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A. 4: 5 . CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC- 15. 02 . 6 Delete the third sentence in paragraph GC- 15. 02. 8 and insert the following in its place: If the unpaid balance of the Contract Price exceeds all claims, costs, losses , and damages (including but not limited to all fees and charges of engineers , architects, attorneys , and other professionals and dispute resolution or litigation costs) sustained by OWNER arising out of or relating to completing the Work, CONTRACTOR will be paid for acceptable earned Work that is fully completed or partially completed , and executed in accordance with the Contract Documents, prior to the effective date of termination . SC- 15.02. D Add the following new paragraph immediately after paragraph GC- 15. 02. C: D. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. SC-15.03 OWNER May Terminate For Convenience SC-15 .03.A.3 Delete paragraph GC- 15. 03.A. 3 in its entirety. SC -15.04 CONTRACTOR May Stop Work or Terminate SC-15 .04 Delete the following text from the first sentence of paragraph GC- 15. 04.A: SC-15. 04 Delete the following text from the second sentence of paragraph GC- 15. 04.A: CANNER has failed f 30 da to pay CONTRACTOR a surn finally determined to be dae- SC-16 DISPUTE RESOLUTION SC- 16 . 01 . A- Delete paragraph GC- 16. 01 . A in its entirety and insert the following paragraph in its place: 0201 -00800 - Supplementary Conditions 00800 11 F]Engineering\Capital Prolects10201 -03128Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract DocsN0201 -00000 - Supplerriti Conditions.doc Rev. 0501 A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Docu- ments or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County. If mediation is unsuccessful , OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. SC-17 . 05 Controlling Law SC-17. 05.A. Delete paragraph GC- 17. 05.A in its entirety and insert the following paragraph in its place: .. A. This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal r jurisdiction , in the United States District Court for the Southern District of Florida. Add the following new paragraphs immediately after paragraph GC17. 05: SC- 17 . 06 Liens A. This project is a " Public Works" under Chapter 255 , Florida Statutes . No merchant's liens may be filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not �+ involve the OWNER in any expense . Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice : Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR' S Name ) and to (CONTRACTOR Surety Company Name ), pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub- subcontract hereunder. " The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713 . 01 , Florida Statutes , who have furnished labor or materials , employed directly or indirectly in the Work , have been paid in full . The OWNER may rely on said affidavit at face value . The CONTRACTOR does hereby release , remiss and quit-claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++ END OF SUPPLEMENTARY CONDITIONS++ 0201 -00800 - Supplementary Conditions 00800 12 _ REngineeringlCapital ProjecLs\0201 -03128-Intlian River Dnve Sidewalk-South-Highland Drive SNM l Indian River Dnve South Sidewalk - Contract Docs10201 -00800 - Supplementary Condllions.doc Rev. 05/01 i SECTION 00942 - Change Order Form No. i DATE OF ISSUANCE : EFFECTIVE DATE: i OWNER: Indian River County CONTRACTOR Contract: Project: INDIAN RIVER SOUTH SIDEWALK IMPROVEMENTS + OWNER's Contract No. ENGINEER's Contract No. ENGINEER i You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: i Attachments : (List documents supporting change) i CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Descri tion Amount Descri tion Time Original Contract Price $ Original Contract Time: (days or dates) .. Substantial Completion : Final Completion : Net Increase (Decrease) from $ Net change from previous Change i previous Change Orders No. Orders No. to (days) to Substantial Completion : Final Completion : Contract Price prior to this $ Contract Time prior to this Change +� Change Order: Order: (days or dates) Substantial Completion : Final Completion : i Net increase (decrease) of this $ Net increase (decrease) this Change Order: Change Order: (days or dates) Substantial Completion : Final Completion : .. Contract Price with all approved $ Contract Time with all approved Change Orders : Change Orders : (days or dates ) Substantial Completion : i Final Completion : ACCEPTED : RECOMMENDED : APPROVED : i By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) + Date: Date: Date: 0201 -00942 - Change Order Form 00942 - 1 i FBEngineering\Capital ProjecaW201-031284ndian River Drive Sidewalk-South-Highland Drive SMM201 Indian River Drive South Sidewalk - Contract Docs\0201 -00942 - Change Order Form.doc Rev. 06101 r SECTION 00948 - Work Change Directive No . EFFECTIVE DATE : r DATE OF ISSUANCE : OWNER : Indian River County CONTRACTOR: Contract: Project: OWNER's Contract No . ENGINEER's Contract No . ENGINEER : i You are directed to proceed promptly with the following changes: Description : Purpose of Work Change Directive: r Attachments : (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in r Contract Prices : Contract Times Unit Prices ❑ Contractor's Records Lump Sum ❑ Engineer's Records r ❑ Other:_ ❑ Other:_ Q By Change Order: ❑ By Change Order: Estimated increase (decrease) in Contract Price : Estimated increase (decrease) in Contract Times : $ Substantial Completion : days; Ready for Final Completion : _ days . If the change involves an increase , the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization . authorization . RECOMMENDED : AUTHORIZED : r By: By: ENGINEER (Authorized Signature) OWNER (Authorized Signature) r Date: Date: END OF SECTION 0201 -00948 - Work Change Directive 00948 - 1 _ F 1EngineeringZateral Projects10201 -03128-Indian River Drive Sidewalk-South-highland Drive SW10201 Indian River Drive South Sidewalk - Contract Docs1D201 -00948 - Work Change Directive.doc Rev. 05101 r DIVISION 1 GENERAL REQUIREMENTS TITLE SECTION NO . SPECIAL PROVISIONS 01009 FIELD ENGINEERING AND LAYOUT 01050 REFERENCE STANDARDS 01091 r GENERAL QUALITY CONTROL 01215 PROGRESS MEETINGS 01220 CONSTRUCTION SCHEDULES 01310 _ SUBMITTAL OF SHOP DRAWINGS , PRODUCT DATA AND SAMPLES 01340 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01520 r PROTECTION OF THE WORK AND PROPERTY 01541 ACCESS ROADS , PARKiNGS AREAS AND USE OF PUBLIC STREETS 01550 TRANSPORTATION AND HANDLING OF MATERIALS .. AND EQUIPMENT 01610 STORAGE OF MATERIAL AND EQUIPMENT 01611 SUBSTITUTIONS 01630 r SITE CLEANUP AND RESTORATION 01710 r r F.\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract DOcs\0201 - DIVISION 1 GENERAL REQUIREMENTS.doc .. SECTION 01009 SPECIAL PROVISIONS 1 . 1 GENERAL A . Visits to the construction site may be made by representatives of permitting or governing bodies . Submit details of all instructions from the above to the ENGINEER immediately . The Work will not be accepted by the OWNER until final acceptance has been received from the various Regulatory Agencies having jurisdiction . B . Furnish sufficient labor, construction equipment and materials , and work such hours , including night shifts and overtime operations , as may be necessary to insure the prosecution of the work in accordance with the approved progress schedule . If, in the opinion of the ENGINEER , the CONTRACTOR falls behind the progress schedule , take such steps as may be necessary to improve progress , all without additional cost to the OWNER. The ENGINEER shall be compensated for his overtime services in accordance with the Supplementary Conditions , SC-6 .02 . C . All salvageable material and equipment for which specific use , relocation or other disposal is not specifically noted , shall remain the property of the OWNER and shall be delivered to the OWNER at the following location : 4550 41St Street, at the CONTRACTOR' s expense . All material and equipment not in salvageable condition , as determined by the ENGINEER and the OWNER , shall be disposed of by the CONTRACTOR , at the CONTRACTOR's expense . ., D . In addition to these Specifications all work must comply with the requirements of the local governing agency, St . Johns River Water Management District, Department of Environmental Protection , Corps of Engineers , Indian River Farms Water Control District, and all other applicable State or Federal agencies' specifications and permits . In the event of a conflict, the more stringent specification or requirement shall govern . E . Before performing any work outside the designated limits of the work site , secure any necessary permits and authorization from the applicable owner, or verify in writing that such has been previously obtained . Follow all requirements of any said permits or �. authorization . Give the ENGINEER and appropriate owner ten ( 10) days minimum notice before commencing construction operations outside the designated limits of the work site . Adjacent property owners at time of bidding are listed below. 01009- 1 01009-Special Provisions FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01009 - Special Provisions.doc r r r SECTION 01050 FIELD ENGINEERING AND LAYOUT 1 . 1 GENERAL r A. The CONTRACTOR will furnish all construction staking for the project . All staking from control will be under the supervision of a Florida Registered Land Surveyor. B . Develop and make all detail surveys and measurements needed for construction including but not limited to , slope stakes , batter boards , piling layouts and all other working lines , elevations and cut sheets . C . Keep a transit and leveling instrument on the site at all times and a skilled instrument man available whenever necessary for layout of the Work. D . Provide all material required for benchmarks , control points , batter boards , grade stakes , and other items . E . Be solely responsible for all locations , dimensions and levels . No data other than written orders of the ENGINEER shall justify departure from the dimensions and levels required by the Drawings . F . Safeguard all points , stakes , grademarks , monuments and benchmarks made or established on the Work, and reestablish same, if disturbed . Rectify all Work improperly installed because of not maintaining , not protecting or removing without authorization such established points , stakes , marks and .. monuments . G . When requested by the ENGINEER , provide such facilities and assistance as may be necessary for the ENGINEER to check line and grade points placed by r the CONTRACTOR . Do no excavation or embankment work until all cross-sectioning necessary for determining pay quantities has been completed and checked by the ENGINEER. r H . The cost of performing engineering and layout work described above shall be included in the contract unit prices for the various items of work to which it is incidental . No separate payment will be made for surveying or engineering . r 1 . 2 SURVEY WORK AND QUALIFICATIONS OF SURVEYOR r A. Prior to commencing work , the CONTRACTOR shall satisfy himself as to the accuracy of all survey and existing site information as indicated in the Contract Documents . Immediately notify the ENGINEER upon discovery of any errors , inaccuracies or omissions in the survey data . The commencing of any of the work by the CONTRACTOR shall be held as the CONTRACTOR's acceptance that all survey or existing site information is correct and accurate , without any r reasonably inferable errors , inaccuracies or omissions . 1050-1 01050 Field Engineering FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01050 - Field Engineering .doc r B . The CONTRACTOR shall carefully preserve all control stakes , benchmarks , reference points and property corners and will be responsible for any mistake or loss of time caused by their unnecessary loss or disturbance . If the loss or disturbance of the stakes or marks cause a delay in the Work, the CONTRACTOR shall have no claim for damages or extension of time . Control ' stakes , benchmarks , reference points and property corners disturbed by the CONTRACTOR's work shall be replaced by a Florida Registered Land Sur- veyor and Mapper, at the CONTRACTOR's expense . In the event the Owner must provide the services of the Florida Registered Surveyor and Mapper to perform this replacement work, the cost of the surveying services will be deducted from any sums due the CONTRACTOR for the work performed under this Contract. r, C . All survey work shall be performed under the guidance and direction of a Florida Registered Surveyor and Mapper. D . All survey work for Record Drawings shall be performed by a Florida Registered Surveyor and Mapper. 1_3 STATION BOARDS A. CONTRACTOR shall erect and maintain white/black standard FDOT station markers every 100 feet . 1 .4 LAYOUT OF STRIPING Establish by instrument , and mark the finished surface , the points necessary for striping finished roadway in conformance with Section 5-7 of FDOT Standard Specifications . + + END OF SECTION + + 1050-2 01050 Field Engineering F:\Engineering%Capital Projecls10201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01050 - Field Engineering.doc i SECTION 01091 REFERENCE STANDARDS 1 . 1 GENERAL .. A. Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any technical society , organization or body, it shall be construed to mean the latest standard , code , .. specification or tentative specification adopted and published at the date of advertisement for bids , unless noted otherwise in the Technical Specifications or on the Drawings . When a reference standard is specified , comply with requirements and recommendations stated in that standard , except when they are modified by the Contract Documents , or when applicable laws , ordinances , rules , regulations or codes establish +� stricter standards . The list of specifications presented in Paragraph B is hereby made a part of the Contract , the same as if repeated herein in full . B . Reference to a technical society, organization , or body may be made in the Specifications by abbreviations , in accordance with the following list: AASHTO The American Association of State Highway and Transportation Officials ACI American Concrete Institute AGA American Gas Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute _ ANSI American National Standards Institute ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials _ AWPA American Wood Preservers Association AWWA American Water Works Association AWS American Welding Society FED . SPEC . Federal Specifications 01091 - 1 01091 Reference Standards FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01091 - Reference Standards.doc r CRSI Concrete Reinforcing Steel Institute FDEP/DEP Florida Department of Environmental Protection w DNR Department of Natural Resources ,. NCPI National Clay Pipe Institute NEMA National Electrical Manufacturers Association r NEC National Electric Code W NSPE National Society of Professional Engineers OSHA Occupational Safety and Health Administration w PCI Prestressed Concrete Institute r FDOT/DOT Florida Department of Transportation U . L . , Inc . Underwriter's Laboratories , Inc . r SSPC Steel Structures Painting Council " SJRWMD St. Johns River Water Management District C . When no reference is made to a code , standard or specification , the r standard specifications of ASTM , FDOT, or ANSI shall govern . D . In the event of a conflict between the specifications prepared by the " ENGINEER and the above referenced specifications and standards , or any other regulatory specification or standard , the more stringent requirement prevails . r + + END OF SECTION + + r w 01091 -2 01091 Reference Standards FAEngineeringZapital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01091 - Reference Standards.doc r SECTION 01215 GENERAL QUALITY CONTROL r _ 1 . 1 DESCRIPTION OF REQUIREMENTS A. Definitions : Specific quality control requirements for the work are indicated throughout the Contract Documents . The requirements of this section are primarily related to the performance of the work beyond the furnishing of manufactured products . The term "Quality Control' includes , but is not necessarily limited to , inspection and testing and associated requirements . This section does not specify or modify the OWNER and ENGINEER duties relating to quality review and Contract surveillance . 1 . 2 RESPONSIBILITY FOR INSPECTIONS AND TESTS r A. Residual OWNER Responsibility: The OWNER will employ and pay for the services of independent testing laboratories to perform those required inspections and tests . r B . CONTRACTORS General Responsibility : No failure of test agencies , whether engaged by the OWNER or CONTRACTOR , to perform adequate inspections r of tests or to properly analyze or report results , shall relieve the CONTRACTOR of responsibility for the fulfillment of the requirements of the Contract Documents . It is recognized that the required inspection and testing r program is intended to assist the CONTRACTOR , OWNER, ENGINEER, and governing authorities in the nominal determination of probable compliance with requirements for certain crucial elements of work. The program is not intended .. to limit the CONTRACTOR in his regular quality control program , as needed for general assurance of compliance . r 1 . 3 QUALITY ASSURANCE A. General Workmanship Standards : It is a requirement that each category of tradesman or installer performing the work be pre-qualified , to the extent of being familiar with the applicable and recognized quality standards for his category of work , and being capable of workmanship complying with those standards . r 1 .4 PRODUCT DELIVERY-STORAGE-HANDLING " Handle , store and protect materials and products , including fabricated components , by methods and means which will prevent damage , deterioration and losses (and resulting _ delays) , thereby ensuring highest quality results as the performance of the work 01215-1 01215 General Quality Control 'r F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01215 General Quality.doc r progresses . Control delivery schedules so as to minimize unnecessary long-term storage at the project site prior to installation . 1 . 5 PROJECT PHOTOGRAPHSIVIDEOS A. The CONTRACTOR shall make provisions , at his expense , for video tapes of all work areas just prior to construction , and for unusual conditions during construction . The videos shall show pertinent physical features along the line of construction . The purpose of the videos is to determine any damage to private or public property during construction . B . Pre-Construction Video : 1 . Contractor shall provide the Owner with a video record and one copy of the existing conditions prior to construction . This video shall be a standard VHS cassette format , and shall be narrated . 2 . The video shall include , but not be limited to , the following items shown in a clear manner: 1 ) All existing features within the right-of-way. 2 ) All existing features within the temporary construction easement. 3 ) All existing features within permanent easements . 4 ) All existing features adjacent to any construction . 3 . Detail of the video shall be such that the following examples shall be clear and visible : 1 ) Cracks in walls . 2 ) Condition of fencing . 3) Condition of planted areas and types of vegetation . 4 ) Condition of sodded areas . 5 ) Conditions of sprinkler systems and associated controls and wiring . 6 ) Condition of signs . 7) Conditions of lighting and associated wiring . 8) Significant detail of any pre-existing damages physical features shall be shown . The coverage of the video should include the limits of effects of the use of vibratory rollers . 9 ) This video record shall be presented to the Owner within 30 days of the Notice to Proceed . A copy shall be kept in the Contractor' s field office . 10 ) Payment — No additional payment will be made for this work. + + END OF SECTION + + 1W 01215-2 01215 General Quality Control FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01215 General Quality.doc r SECTION 01220 r PROGRESS MEETINGS Ir 1 . 1 SCOPE A . Date and Time : r 1 . Regular Meetings : As mutually agreed upon by ENGINEER and CONTRACTOR . 2 . Other Meetings : On call . r B . Place : CONTRACTOR' S office at Project site or other mutually agreed upon location . C . ENGINEER shall prepare agenda , preside at meetings , and prepare and r distribute a transcript of proceedings to all parties . D . CONTRACTOR shall provide data required and be prepared to discuss all items on agenda . r 1 . 2 MINIMUM ATTENDANCE A . CONTRACTOR B . SUBCONTRACTOR: When needed for the discussion of a particular agenda item , CONTRACTOR w shall require representatives of Subcontractors or suppliers to attend a meeting . C . ENGINEER. D . OWNER' S representative , if required . E . Utility Representatives F . Others as appropriate . G . Representatives present for each party shall be authorized to act on their behalf. r 1 . 3 AGENDA Agenda will include , but will not necessarily be limited to , the following : 1 . Transcript of previous meeting . 2 . Progress since last meeting . 3 . Planned progress for next period . 4 . Problems , conflicts and observations . 5 . Change Orders . 6 . Status of Shop Drawings . 7 . Quality standards and control . 8 . Schedules , including off-site fabrication and delivery schedules . Corrective measures , if required . 9 . Coordination between parties . 10 . Safety concerns . 11 . Other business . r + + END OF SECTION + + r 01220- 1 01220 Progress Meetings F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01220 - Progress Meetings.doc i • SECTION 01310 CONSTRUCTION SCHEDULES r r 1 . 1 GENERAL REQUIREMENTS A . No partial payments shall be approved by the ENGINEER until there is an approved construction progress schedule on hand . B . Designate an authorized representative who shall be responsible for development and maintenance of the schedule and of all progress and payment reports . This representative shall have direct protect control and complete authority to act on behalf of the CONTRACTOR in fulfilling the commitments of the CONTRACTOR's schedules . 1 . 2 REVISIONS TO THE CONSTRUCTION SCHEDULES r When the ENGINEER requires the CONTRACTOR to submit revised (updated ) progress schedules on a monthly basis the CONTRACTOR shall : A . Indicate the progress of each activity to the date of submission . . B . Show changes occurring since the previous submission listing : 1 . Major changes in scope. 2 . Activities modified since the previous submission . .. 3 . Revised projections of progress and completion . 4 . Other identifiable changes . r C . Provide a narrative report as needed to define : 1 . Problem areas , anticipated delays , and the impact on the schedule . 2 . Corrective action recommended and its effect . 3 . The effect of changes on schedules of other prime contractors . 1 . 3 SUBMISSION OF THE CONSTRUCTION SCHEDULES r On or before the tenth day after the effective date of the Agreement, submit the initial schedules to the ENGINEER . The ENGINEER will review the schedules and return a review copy to the CONTRACTOR within 21 days after receipt. If required by the ENGINEER, resubmit revised schedules on or before the seventh day after receipt of the review copy. If required by the ENGINEER, submit revised monthly progress schedules with that month 's application for payment . r 01310-1 01310 Construction Schedule FAEngineering\Capital Projects10201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01310 - Construction Schedule.doc r r r r 1 .4 DISTRIBUTION OF THE CONSTRUCTION SCHEDULES w A. After receiving approval by the ENGINEER , distribute copies of the approved initial schedule and all reviewed revisions (updated ) to : r 1 . Job site file . 2 . Subcontractors . 3 . Other concerned parties . 4 . OWNER (two copies). 5 . ENGINEER w B . In the cover letter, instruct recipients to report promptly to the CONTRACTOR , in writing , any problems anticipated by the projections r shown in the schedules . + + END OF SECTION + + r r r r r r r 01310-2 01310 Construction Schedule FAEngineering%Capital Projects10201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW10201 Indian River Drive South Sidewalk - Contract Docs10201 -01310 - Construction Schedule.doc r 0201 -01340 - Submittal of Shop Drawings 1 . 1 SCOPE A. Submit shop drawings , product data and samples as required by or inferred by the Drawings and Specifications . Submittals shall conform to the requirements of Article 6 . 17 of the General Conditions , Section 00700 , and as described in this Section . 1 . 2 SHOP DRAWINGS A. Shop drawings are original drawings , prepared by the CONTRACTOR , a subcontractor, supplier, or distributor, which illustrate some portion of the work ; showing fabrication , layout, setting , or erection details . Shop drawings are further defined in Article 6 . 17 , Section 00700 . B . Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings . 1 . 3 PRODUCT DATA A. Product data are manufacturer's standard schematic drawings and ,. manufacturer's catalog sheets , brochures , diagrams , schedules , performance charts , illustrations, and other standard descriptive data . Product data are further defined in Article 6 . 17 , Section 00700 . B . Modify standard drawings to delete information which is not applicable to the project and supplement them to provide additional information .. applicable to the project. C . Clearly mark catalog sheets , brochures , etc. , to identify pertinent materials , products , or models . 1 .4 SAMPLES Samples are physical examples to illustrate materials , equipment, or workmanship and to establish standards by which work is to be evaluated . Samples are further defined in Article 6 . 17 , Section 00700 . i - 0201 -01340 - Submittal of Shop Drawings 01340-1 F:\Engineering\Capital Projects\0201 -03128-In6an River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01340 - Submittal of Shop Drawings.doc i a a 0201 -01340 - Submittal of Shop Drawings 1 . 5 CONTRACTOR'S RESPONSIBILITIES FOR SUBMITTAL OF SHOP a DRAWINGS , PRODUCT DATA AND SAMPLES A . The CONTRACTOR' s responsibilities for submittal of shop drawings , a product data , and samples are set forth in paragraph 6 . 17 of the General Conditions and as further explained herein . + B . Prior to submission , thoroughly check shop drawings , product data , and samples for completeness and for compliance with the Contract a Documents , verify all dimensions and field conditions , and coordinate the shop drawings with the requirements for other related work . Also review each shop drawing before submitting it to the ENGINEER to determine ,. that it is acceptable in terms of the means , methods , techniques , sequences and operations of construction , safety precautions and programs incidental thereto , all of which are the CONTRACTOR's a responsibility . 1 . It is CONTRACTOR' S responsibility to review submittals made by his suppliers and Subcontractors before transmitting them to a ENGINEER to assure proper coordination of the Work and to determine that each submittal is in accordance with its desires and that there is sufficient information about materials and equipment a for ENGINEER to determine compliance with the Contract Documents . 2 . Incomplete or inadequate submittals will be returned for revision a without review. C . The CONTRACTOR's responsibility for errors and omissions in submittals a is not relieved by the ENGINEER's review of submittals . The CONTRACTOR shall approve the shop drawings based on his in-the-field measurements , prior to submittal to the ENGINEER for his review. D . Notify the ENGINEER, in writing at the time of submission , of deviations in submittals from the requirements of the Contract Documents . The a CONTRACTOR's responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER's review of submittals , unless the ENGINEER gives written acceptance of specific deviations . E . Begin no work , which requires submittals until return of submittals with the ENGINEER's stamp and initials or signature indicating the submittal has been reviewed . a 0201 -01340 - Submittal of Shop Drawings 01340-2 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01340 - Submittal of Shop Drawings.doc a i 0201 -01340 - Submittal of Shop Drawings 1 . 6 SUBMITTAL REQUIREMENTS AND ENGINEER'S REVIEW FOR SHOP DRAWINGS , PRODUCT DATA AND SAMPLES r A . Submit to : Indian River County Michelle A. Gentile , C . E .T. , Civil Engineer Engineering Division r 1840 25th Street Vero Beach , FL 32960 ., B . A letter of transmittal shall accompany each submittal . If data for more than one Section of the Specifications is submitted , a separate transmittal letter shall accompany the data submitted for each Section . r C . At the beginning of each letter of transmittal , provide a reference heading indicating the following : ,. 1 . OWNER'S Name 2 . Project Name 3 . Contract Number r 4 . Transmittal Number 5 . Section Number r D . All submittals shall have a title block with complete identifying information satisfactory to the ENGINEER . The following is a sample Submittal Form that the CONTRACTOR may use : do [The remainder of this page has been left blank intentionally] i r i r 0201 -01340 - Submittal of Shop Drawings 01340-3 F:\Engineedng\Capital Projects10201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs10201 -01340 - Submittal of Shop Drawings.doc r r 0201 -01340 - Submittal of Shop Drawings CONTRACTOR SUBMITTALS SUBMITTAL NO. Contractor: Date Sent to County No . Copies Sent to County ❑ Original Submittal ❑ Re-Submittal ❑ Shop Drawing ❑ Cut Sheet ❑ Other Description : Sub-Contractor: Remarks : Reviewing Agency: (As checked below) Date Received Date Returned No . Copies Ret' d ❑ I R C Engineering Div . ❑ I R C Utilities Services Remarks : IRC Engineering Division Date Rec'd from Contractor Michelle A. Gentile , CET Date Ret'd to Contractor 184025 th Street No . Copies Ret'd Vero Beach , FI . 32960 Remarks : Distribution of Copies : IRC Engineering Division Office File Field Office File 0201 -01340 - Submittal of Shop Drawings 01340-4 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01340 - Submittal of Shop Drawings.doc + 0201 -01340 - Submittal of Shop Drawings E . All submittals shall bear the stamp of approval and signature of CONTRACTOR as evidence that they have been reviewed by CONTRACTOR . Submittals without this stamp of approval will not be reviewed by the ENGINEER and will be returned to CONTRACTOR . + F . Assign a number to each submittal starting with No . 1 and thence numbered consecutively. Identify resubmittals by the original submittal number followed by the suffix "A" for the first resubmittal , the suffix 'B" for the second resubmittal , etc. G . Initially submit to ENGINEER a minimum of six (6) copies of all submittals .. that are on 11 -inch by 17-inch or smaller sheets ( no less than 8 1 /2-inch x 11 -inch ) , and one unfolded sepia and 2 prints made from that sepia for all submittals on sheets larger than 11 -inch by 17- inch . + H . After ENGINEER completes his review, Shop Drawings will be marked with one of the following notations : 1 . Approved 2 . Approved as Corrected 3 . Approved as Corrected - Resubmit 4 . Revise and Resubmit 5 . Not Approved I . If a submittal is acceptable , it will be marked "Approved " or "Approved as Corrected " . Three (3 ) prints or copies of the submittal will be returned to CONTRACTOR . J . Upon return of a submittal marked "Approved " or "Approved as Corrected " , CONTRACTOR may order, ship or fabricate the materials included on the submittal , provided it is in accordance with the corrections indicated . K. If a Shop Drawing marked "Approved as Corrected" has extensive + corrections or corrections affecting other drawings or Work, ENGINEER may require that CONTRACTOR make the corrections indicated thereon and resubmit the Shop Drawings for record purposes . Such drawings will have the notation , "Approved as Corrected - Resubmit. " L . If a submittal is unacceptable , three (3 ) copies will be returned to CONTRACTOR with one of the following notations : 1 . 'Revise and Resubmit' 2 . " Not Approved" + 0201 -01340 - Submittal of Shop Drawings 01340-5 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01340 - Submittal of Shop Drawings.doc r 0201 -01340 - Submittal of Shop Drawings M . Upon return of a submittal marked " Revise and Resubmit" , make the corrections indicated and repeat the initial approval procedure . The " Not Approved " notation is used to indicate material or equipment that is not acceptable . Upon return of a submittal so marked , repeat the initial approval procedure utilizing acceptable material or equipment. N . Any related Work performed or equipment installed without an "Approved" or "Approved as Corrected " Shop Drawing will be at the sole responsibility of the CONTRACTOR . r O . Submit Sop Drawings well in advance of the need for the material or equipment for construction and with ample allowance for the time required to make delivery of material or equipment after data covering such is approved . CONTRACTOR shall assume the risk for all materials or equipment which is fabricated or delivered prior to the approval of Shop Drawings . Materials or equipment will not be included in periodic progress ., payments until approval thereof has been obtained in the specified manner. .. P . ENGINEER will review and process all submittals promptly, but a reasonable time should be allowed for this , for the Shop Diawings being revised and resubmitted , and for time required to return the approved .. Shop Drawings to CONTRACTOR. Q . Furnish required submittals with complete information and accuracy in .. order to achieve required approval of an item within three submittals . All costs to ENGINEER involved with subsequent submittals of Shop Drawings , Samples or other items requiring approval , will be back-charged to CONTRACTOR in accordance with the General Conditions and the Supplementary Conditions . If the CONTRACTOR requests a substitution for a previously approved item , all of ENGINEER'S costs in the reviewing and approval of the substitution will be back-charged to CONTRACTOR unless the need for such substitution is beyond the control of CONTRACTOR. + + END OF SECTION + + r 0201 -01340 - Submittal of Shop Drawings ` 01340-6 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01340 - Submittal of Shop Drawings.doc SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 . 1 SCOPE A. Provide all construction equipment and facilities and temporary controls required to satisfactorily complete the work represented on the Drawings and described in the Specifications . 1 . 2 RESPONSIBILITY A. All construction facilities and temporary controls remain the property of the Contractor establishing them and shall be maintained in a Safe and useful condition until removed from the construction site . B . All false work, scaffolding , ladders , hoistways , braces , pumps , roadways , sheeting , forms , barricades , drains , flumes , and the like , any of which may be needed in construction of any part of the work and which are not herein described or specified in detail , must be furnished , maintained and removed by the CONTRACTOR , who is responsible for the safety and efficiency of such work and for any damage that may result from their failure or from their improper construction , maintenance or operation . C . In accepting the Contract, the CONTRACTOR assumes full responsibility for the sufficiency and safety of all hoists , cranes , temporary structures or work and for any damage which may result from their failure or their improper construction , maintenance or operation and will indemnify and save harmless the OWNER and ENGINEER from all claims , suits or actions and damages or costs of every description arising by reason of failure to comply with the above provision . 1 . 3 TEMPORARY UTILITIES AND SERVICES A. TEMPORARY WATER 1 . Provide a temporary water service as required for all construction purposes and pay for all water used . 2 . Furnish potable drinking water in suitable dispensers and with cups for use of all employees at the job . 3 . Provide all temporary piping , hoses, etc. , required to transport water to the point of usage by all trades . 4 . When temporary water service is no longer required , remove all temporary water lines . 0201 -01520 - Construction Facilities 01520- 1 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01520 - Construction Facilities.doc a i SECTION 01520 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS B . TEMPORARY SANITARY FACILITIES 1 . Provide temporary toilet facilities separate from the job office . Maintain these during the entire period of construction under this Contract for the use of all construction personnel on the job . Provide enough chemical toilets to conveniently serve the needs of all personnel . Properly seclude toilet facilities from public observation . 2 . Chemical toilets and their maintenance shall meet the requirements of State and local health regulations and ordinances . Immediately correct any facilities or maintenance methods failing to meet these requirements . Upon completion of work, remove the facilities from r the premises . 1 .4 SECURITY r Full time watchmen will not be specifically required as a part of the Contract, but the CONTRACTOR shall provide inspection of work area daily and shall take r whatever measures are necessary to protect the safety of the public , workmen , and materials , and provide for the security of the site , both day and night. r 1 . 5 TEMPORARY CONTROLS Take all necessary precautions to control dust and mud associated with the work of this Contract. In dry weather, spray dusty areas daily with water in order to control dust. Take necessary steps to prevent the tracking of mud onto adjacent streets and highways . r 1 . 6 REMOVAL OF TEMPORARY CONSTRUCTION FACILITIES Remove the various temporary facilities , services , and controls and legally dispose of them as soon as the work is complete . The areas of the site used for temporary facilities shall be properly reconditioned and restored to a condition acceptable to the OWNER. i + + END OF SECTION + + r 0201 -01520 - Construction Fatalities 01520-2 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01520 - Construction Facilities.doc r i SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 1 GENERAL . A. CONTRACTOR shall be responsible for taking all precautions , providing all programs , and taking all actions necessary to protect the Work and all public and private property and facilities from damage as specified in the General Conditions and herein . B . In order to prevent damage , injury or loss , CONTRACTOR'S actions shall include , but not be limited to , the following : 1 . Store apparatus , materials , supplies , and equipment in an orderly, safe manner that will not unduly interfere with the progress of the Work or the Work of any other Contractor or utility service company. 2 . Provide suitable storage facilities for all materials , which are subject to injury by exposure to weather, theft, breakage , or otherwise . 3 . Place upon the Work or any part thereof, only such loads as are consistent with the safety of that portion of the Work. 4 . Clean up frequently all refuse , rubbish , scrap materials , and debris caused by construction operations , so that at all times , the site of the Work presents a safe , orderly, and workmanlike appearance . 5 . Provide barricades and guard rails around openings , for scaffolding , for temporary stairs and ramps , around excavations , elevated walkways and other hazardous areas . C . Except after written consent from proper parties , do not enter or occupy privately-owned land with men , tools , materials or equipment, except on easements provided herein . D . Assume full responsibility for the preservation of all public and private property or facility on or adjacent to the site . If any direct or indirect damage is done by or on account of any act, omission , neglect or misconduct in the execution of the Work by the CONTRACTOR , it shall be restored by the CONTRACTOR , at its expense , to a condition equal to or better than that existing before the damage was done . 1 . 2 BARRICADES AND WARNING SIGNALS Where Work is performed on or adjacent to any roadway, right-of-way, or public place , provide barricades , fences , lights , warning signs , danger signals , and watchmen , and take other precautionary measures for the protection of persons or property and of the Work. Paint barricades so they are visible at night. From sunset to sunrise , furnish and maintain at least one light at each barricade . Erect sufficient barricades to keep vehicles from being driven on or into Work under construction . Furnish watchmen in sufficient numbers to protect the Work. CONTRACTOR's i responsibility for the maintenance of barricades , signs , lights , and for providing watchmen shall continue until OWNER accepts the Project. 0201 -01541 - Protection of Property 01541 - 1 FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South a Sidewalk - Contract Docs\0201 -01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY • 1 . 3 TREE AND PLANT PROTECTION • A. Protect existing trees , shrubs and plants on or adjacent to the site that are shown or designated to remain in place against unnecessary cutting , breaking or skinning of trunk , branches , bark or roots . B . Do not store or park materials or equipment within the drip line . •• C . Install temporary fences or barricades to protect trees and plants in areas subject to traffic . • D . Fires shall not be permitted under or adjacent to trees and plants . E . Within the limits of the Work, water trees and plants that are to remain , in order • to maintain their health during construction operations . F . Cover all exposed roots with burlap and keep it continuously wet . Cover all • exposed roots with earth as soon as possible . Protect root systems from mechanical damage and damage by erosion , flooding , run-off or noxious materials in solution . G . If branches or trunks are damaged , prune branches immediately and protect the cut or damaged areas with emulsified asphalt compounded specifically for horticultural use . H . Remove all damaged trees and plants that die or suffer permanent injury and • replace them with a specimen of equal or better quality. • I . Coordinate Work in this Section with requirements of other sections herein . 1_4 PROTECTION OF IRRIGATION • The CONTRACTOR shall be responsible for maintaining in good condition all irrigation systems within the easements , which could be damaged by construction activities . The CONTRACTOR shall repair any irrigation systems damaged by construction activities within two (2 ) days . Irrigation systems partially within the right-of-way of Kings Highway and all intersecting side streets within project limits may be cut off and capped or connected to same system to maintain functionality. The CONTRACTOR shall be responsible for maintaining the functionality of the remaining portion of the system if it should fall outside of „ the right-of-way. r r 0201 -01541 - Protection of Property 01541 -2 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South r Sidewalk - Contract Docs\0201 -01541 - Protection of Property.doc SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 1 . 5 PROTECTION OF EXISTING STRUCTURES A . Underground Structures : 1 . Underground structures are defined to include , but not be limited to , all sewer, water, gas , and other piping , and manholes , chambers , electrical conduits , tunnels and other existing subsurface work located within or adja- cent to the limits of the Work. 2 . All underground structures known to ENGINEER except service connections for water, sewer, electric , and telephone are shown . This information is shown for the assistance of CONTRACTOR in accordance with the best information available , but is not guaranteed to be correct or ., complete . The existing utilities shown on the Contract Drawings are located according to the information available to the ENGINEER at the time the Drawings were prepared and have not been independently verified by the .r OWNER or the ENGINEER. Guarantee is not made that all existing underground utilities are shown or that the locations of those shown are accurate . The locations shown are for bidding purposes only. Finding the actual location of any existing utilities is the CONTRACTOR's responsibility and shall be done before it commences any work in the vicinity. Furthermore, the CONTRACTOR shall be fully responsible for any and all damages , which might be occasioned by the CONTRACTOR's failure to exactly locate and preserve any and all underground utilities . The OWNER or ENGINEER will assume no liability for any damages sustained or costs incurred because of the CONTRACTOR's operations in the vicinity of existing utilities or structures , nor for temporary bracing and shoring of same . If it is necessary to shore , brace , or swing a utility, contact the utility company or department affected and obtain their permission regarding the method to use for such work . 3 . Contact the various utility companies which may have buried or aerial • utilities within or near the construction area before commencing work. Provide 48 hours minimum notice to all utility companies prior to beginning construction . 4 . Schedule and execute all work involving existing utilities in order to minimize necessary interruption of services . Whenever such interruption is necessary for completion of the work , notify the ENGINEER and the appropriate utility at least 48 hours in advance . Perform all work to repair/restore utility service to the satisfaction of the appropriate utility. Include all costs related to service maintenance , interruption , and restoration in the appropriate line item in the Contract. 5 . Where it is necessary to temporarily interrupt house or business services , the CONTRACTOR shall notify the owner or occupant , both before the interruption (24- hour minimum ), and again immediately before service is resumed . Before disconnecting and pipes or cables , the CONTRACTOR shall obtain permission from their owner, or shall make suitable arrangement for their disconnection by their owner. 0201 -01541 - Protection of Property 01541 -3 F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01541 - Protection of Property.doc r SECTION 01541 PROTECTION OF THE WORK AND PROPERTY 6 . Explore ahead of trenching and excavation work and uncover all obstructing underground structures sufficiently to determine their location , to prevent damage to them and to prevent interruption of the services which such structures provide . If CONTRACTOR damages an underground structure , restore it to original condition at CONTRACTOR' s expense . .. 7 . Necessary changes in the location of the Work may be made by ENGINEER , to avoid unanticipated underground structures . 8 . If permanent relocation of an underground structure or other subsurface facility is required and is not otherwise provided for in the Contract Documents , ENGINEER will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions of Article 11 of the General Conditions . B . Surface Structures : 1 . Surface structures are defined as structures or facilities above the ground surface . Included with such structures are their foundations and any extension below the surface. Surface structures include , but are not limited do to , buildings , tanks , walls , bridges , roads , dams , channels , open drainage , piping , poles , wires , posts , signs, markers , curbs , walks and all other facil- ities that are visible above the ground surface . w C . Protection of Underground and Surface Structures : 1 . Sustain in their places and protect from direct or indirect injury, all "' underground and surface structures located within or adjacent to the limits of the Work . Such sustaining and supporting shall be done carefully, and as required by the party owning or controlling such structure . Before proceeding with the work of sustaining and supporting such structure , satisfy the ENGINEER that the methods and procedures to be used have been approved by the party owning same . 2 . Assume all risks attending the presence or proximity of all underground and surface structures within or adjacent to the limits of the Work . CONTRACTOR shall be responsible for all damage and expense for direct or indirect injury caused by its Work to any structure . CONTRACTOR shall repair immediately all damage caused by his work, to the satisfaction of the OWNER of the damaged structure . D . All other existing surface facilities , including but not limited to , guard rails , posts , guard cables , signs , poles , markers , and curbs which are temporarily removed to facilitate installation of the Work shall be replaced and restored to their original condition at CONTRACTOR'S expense . s r 0201 -01541 - Protection of Property 01541 -4 FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01541 - Protection of Property.doc i SECTION 01541 PROTECTION OF THE WORK AND PROPERTY do 1 . 6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES A. The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract , buildings , telephone or other cables , water pipes , sanitary pipes , or other structures which may e encountered , whether or not shown on the Drawings . B . Information shown on the Drawings as to the location of existing utilities has i been prepared from the most reliable data available to the Engineer. This information is not guaranteed , however, and it shall be this CONTRACTOR$ s responsibility to determine the location , character and depth of any existing •• utilities . He shall assist the utility companies , by every means possible to determine said locations . Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities . 1 . 7 ADJUSTMENTS OF UTILITY CASTINGS , COVERS AND BOXES A. All existing utility castings , including valve boxes , junction boxes , manholes , pull boxes , inlets and similar structures in the areas of construction that are to remain in service shall be adjusted by the CONTRACTOR to bring them flush with the surface of the finished work . B . The CONTRACTOR shall coordinate the utilities to ensure proper construction " sequencing . CONTRACTOR shall make available survey reference markers to the various utility companies . i i i + + END OF SECTION + + s 0201 -01541 - Protection of Property 01541 -5 FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South M Sidewalk - Contract DocsN0201 -01541 - Protection of Property.doc SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS _ 1 . 1 GENERAL A. Provide all temporary construction roads , walks and parking areas required during construction and for use of emergency vehicles . Design and maintain temporary roads and parking areas so they are fully usable in all weather conditions . B . Prevent interference with traffic and the OWNER's operations on existing roads . Indemnify and save harmless the OWNER from any expenses caused by ow CONTRACTOR's operations over these roads . C . Roadways damaged by CONTRACTOR shall be restored to their original ,. condition by the CONTRACTOR subject to approval of the OWNER or ENGINEER . ,. D . Remove temporary roads , walks and parking areas prior to final acceptance and return the ground to its original condition , unless otherwise required by the Contract Documents . MW 1 . 2 USE OF PUBLIC STREETS �. The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other traffic . Any earth or other excavated material spilled from trucks shall be removed immediately by the CONTRACTOR •• and the streets cleaned to the satisfaction of the Owner. 1 . 3 USE OF PUBLIC STREETS FOR HAUL ROADS A. Prior to construction , the CONTRACTOR shall designate all proposed haul roads to be used during the life of the project. Any earth or other materials spilled from trucks shall be removed by the CONTRACTOR and streets cleaned to the satisfaction of the Owner. He further shall be responsible for repairs to any damages caused by his operations , prior to final payment. 01550 Access Roads 01550-1 r F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01550 - Access Roads.doc i SECTION 01550 ACCESS ROADS , PARKING AREAS AND USE OF PUBLIC STREETS B . All trucks carrying earth shall be covered while moving with an appropriate tarpaulin . Should trucks hauling earth fail to cover their loads , the CONTRACTOR will be given two (2 ) written warnings , after which the CONTRACTOR shall pay a fine of $ 50 per uncovered truck to the Owner r when invoked by the Owner to Owner's Engineer. All cleanup shall be the responsibility of the CONTRACTOR . i C . All trucks/moving equipment shall have backup warning horns in proper working order while on the job site . i + + END OF SECTION + + i r i i i 01550 Access Roads 01550-2 i F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01550 - Access Roads.doc i Imp SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT 1 . 1 GENERAL A. Make all arrangements for transportation , delivery and handling of equipment and materials required for prosecution and completion of the Work. B . Shipments of materials to CONTRACTOR or Subcontractors shall be delivered to the site only during regular working hours . Shipments shall be addressed and consigned to the proper party giving name of Project, street number and city. Shipments shall not be delivered to OWNER except where otherwise directed . C . If necessary to move stored materials and equipment during construction , CONTRACTOR shall move or cause to be moved materials and equipment without any additional compensation . 1 . 2 DELIVERY A . Arrange deliveries of products in accord with construction schedules and in ample time to facilitate inspection prior to installation . •• B . Coordinate deliveries to avoid conflict with Work and conditions at site and to accommodate the following : 1 . Work of other contractors , or OWNER. 2 . Limitations of storage space . 3 . Availability of equipment and personnel for handling products . 4 . OWNER' S use of premises . C . Do not have products delivered to project site until related Shop Drawings have been approved by the ENGINEER. D . Do not have products delivered to site until required storage facilities have been provided . E. Have products delivered to site in manufacturer's original , unopened , labeled containers . Keep ENGINEER informed of delivery of all equipment to be incorporated in the Work. 0201 -01610 - Transportation and Handling of Materials and Equipment 01610-1 F:1Engineering\Capital Projects10201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW10201 Indian River Drive South Sidewalk - Contract Docs50201 -01610 - Transportation and Handling of Materials and Equipment.doc i a a SECTION 01610 TRANSPORTATION AND HANDLING OF MATERIALS AND EQUIPMENT F . Partial deliveries of component parts of equipment shall be clearly marked to identify the equipment , to permit easy accumulation of parts , and to facilitate assembly. G . Immediately on delivery, inspect shipment to assure : 1 . Product complies with requirements of Contract Documents and reviewed submittals . a 2 . Quantities are correct. 3 . Containers and packages are intact, labels are legible . 4 . Products are properly protected and undamaged . 1 . 3 PRODUCT HANDLING a A. Provide equipment and personnel necessary to handle products , including those provided by OWNER , by methods to prevent soiling or damage to products or packaging . a B . Provide additional protection during handling as necessary to prevent scraping , marring or otherwise damaging products or surrounding surfaces . a C . Handle products by methods to prevent bending or overstressing . a D . Lift heavy components only at designated lifting points . E . Materials and equipment shall at all times be handled in a safe manner and as a recommended by manufacturer or supplier so that no damage will occur to them . Do not drop , roll or skid products off delivery vehicles . Hand carry or use suitable materials handling equipment. a + + END OF SECTION + + a s 0201 -01610 - Transportation and Handling of Materials and Equipment 01610-2 FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01610 - Transportation and Handling of Materials and Equipment.doc a a SECTION 01611 STORAGE OF MATERIAL AND EQUIPMENT 1 . 1 GENERAL A. Store and protect materials and equipment in accordance with manufacturer's recommendations and requirements of Specifications . B . Make all arrangements and provisions necessary for the storage of materials and equipment . Place all excavated materials , construction equipment, and materials and equipment to be incorporated into the Work, so as not to injure any part of the Work or existing facilities , and so that free access can be had at all times to all parts of the Work and to all public utility installations in the vicinity .. of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors , public travel , adjoining owners , tenants and occupants . Arrange storage in a .. manner to provide easy access for inspection . C . Areas available on the construction site for storage of material and equipment •. shall be as shown or approved by the ENGINEER . D . Store materials and equipment which are to become the property of the OWNER to facilitate their inspection and insure preservation of the quality and fitness of the Work , including proper protection against damage by extreme temperatures and moisture . r E . Do not use lawns , grass plots or other private property for storage purposes without written permission of the OWNER or other person in possession or control of such premises . F . CONTRACTOR shall be fully responsible for loss or damage to stored materials and equipment. G . Do not open manufacturers containers until time of installation unless " recommended by the manufacturer or otherwise specified . H . When appropriate store materials on wood blocking so there is no contact with the ground . + + END OF SECTION + + 01611 - 1 01611 —Storage of Material FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01611 - Storage of Materials.doc - SECTION 01630 SUBSTITUTIONS i 1 . 1 GENERAL A. Requests for review of a substitution shall conform to the requirements of Article 6 . 05 , "Substitutes and Or-Equals , " of the General Conditions , and shall contain complete data substantiating compliance of the proposed substitution with the Contract Documents . 1 .2 CONTRACTOR'S OPTIONS r A. For materials or equipment (hereinafter products ) specified only by reference standard , select product meeting that standard by any manufacturer, fabricator, supplier or distributor (hereinafter manufacturer) . To the maximum extent possible , provide products of the same generic kind from a single source . B . For products specified by naming several products or manufacturers , select any one of the products or manufacturers named which complies with Specifications . i C . For products specified by naming one or more products or manufacturers and stating "or equivalent ," submit a request for a substitution for any product or manufacturer which is not specifically named . i D . For products specified by naming only one product or manufacturer and followed by words indicating that no substitution is permitted , there is no option and no s substitution will be allowed . E . Where more than one choice is available as a CONTRACTOR's option , select product which is compatible with other products already selected or specified . 1 . 3 SUBSTITUTIONS A. During a period of 15 days after date of commencement of Contract Time , ENGINEER will consider written requests from CONTRACTOR for substitution of products or manufacturers , and construction methods (if specified ). 1 . After end of specified period , requests will be considered only in case of unavailability of product or other conditions beyond control of CONTRACTOR . i B . Submit 5 copies of Request for Substitution . Submit a separate request for each substitution . In addition to requirements set forth in Article 6 . 7 of General Condi- tions , include in the request the following : 1 . For products or manufacturers : a . Product identification , including manufacturer's name and address . 01630- 1 01630 Substitutions i FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01630 - Substitutions .doc i b . Manufacturer's literature with product description , performance and test data , and reference standards . c. Samples , if appropriate . d . Name and address of similar projects on which proouct was used , i and date of installation . 2 . For construction methods ( if specified ) : a . Detailed description of proposed method . b . Drawings illustrating method . 3 . Such other data as the ENGINEER may require to establish that the proposed substitution is equal to the product, manufacturer or method specified . i C . In making Request for Substitution , CONTRACTOR represents that: 1 . CONTRACTOR has investigated proposed substitution , and deter- mined that it is equal to or superior in all respects to the product, manufacturer or method specified . 2 . CONTRACTOR will provide the same or better guarantees or warranties for proposed substitution as for product , manufacturer, or ,. method specified . 3 . CONTRACTOR waives all claims for additional costs or extension of time related to a proposed substitution that subsequently may become i apparent. D . A proposed substitution will not be accepted if: i 1 . Acceptance will require changes in the design concept or a substantial revision of the Contract Documents . 2 . It will delay completion of the Work , or the work of other contractors . i 3 . It is indicated or implied on a Shop Drawing and is not accompanied by a formal Request for Substitution from CONTRACTOR. i E . If the ENGINEER determines that a proposed substitute is not equal to that specified , furnish the product, manufacturer, or method specified at no additional cost to OWNER. F . Approval of a substitution will not relieve CONTRACTOR from the requirement for submission of Shop Drawings as set forth in the Contract Documents . i G . The procedure for review by Engineer will include the following : 1 . Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than CONTRACTOR. 2 . Upon receipt of an application for review of a substitution , Engineer will determine whether the review will be more extensive than a normal shop drawing review for the specified item . i 01630-2 01630 Substitutions F%EngineeringlCapital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01630 - Substitutions.doc i s 3 . If the substitution will not require a more extensive review, Engineer will proceed with the review without additional cost to CONTRACTOR. 4 . If the substitution requires a more extensive review, Engineer will proceed with the review only after CONTRACTOR has agreed to reimburse Owner for the review cost. 5 . Engineer may require CONTRACTOR to furnish at CONTRACTOR' s expense additional data about the proposed substitute . H . Any redesign of structural members shall be performed by , and the plans signed and sealed by, a Professional Engineer registered in the State of Florida . The redesign shall be at the CONTRACTOR's expense . Any redesign will require an extensive review by the Engineer. The CONTRACTOR must agree to reimburse the Owner for the review cost prior to the Owner's Engineer proceeding with the design review. The ENGINEER's hourly rate for review is $ 125 per hour. The ENGINEER's estimated cost of review shall be provided to the CONTRACTOR prior to proceeding with the review to allow the CONTRACTOR the opportunity to rescind the request. I . Engineer will be allowed a reasonable time within which to evaluate each proposed substitution . Engineer will be the sole judge of acceptability and shall have the right to deny use of any proposed substitution . The CONTRACTOR shall not order, install , or utilize any substitution without either an executed Change Order or Engineer' s notation on the reviewed shop drawing . Owner may require CONTRACTOR to furnish at CONTRACTOR's expense a special ,,w manufacturer' s performance guarantee (s ) or other surety with respect to any substitute and an indemnification by the CONTRACTOR. ENGINEER will record time required by Engineer and Engineer's consultants in evaluating substitutions .. proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not a proposed substitute is sued , CONTRACTOR shall reimburse Owner for the charges of Engineer and . Engineer' s consultants for evaluating each proposed substitute . J . Substitute materials or equipment may be proposed for acceptance in accordance with this Section . In the event that substitute materials or equipment are used and are less costly than the originally specified material or equipment, than the net difference in cost shall benefit the Owner and CONTRACTOR in equal proportions . This cost difference shall not be reduced by any failure of the CONTRACTOR to base his bid on the named materials or equipment . + + END OF SECTION + + 01630-3 016.30 Substitutions F:1Engineedng\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -01630 - Substitutions.doc SECTION 01710 SITE CLEANUP AND RESTORATION 1 . 1 SCOPE Furnish all labor, equipment, appliances , and materials required or necessary to clean up and restore the site after the construction is completed . 1 .2 REQUIREMENTS A . During the progress of the project, keep the work and the adjacent areas affected thereby in a neat and orderly condition . Remove all rubbish , surplus materials , and unused construction equipment . Repair all damage so that the public and property owners will be inconvenienced as little as possible . B . Provide onsite containers for the collection of waste materials , debris , and rubbish and empty such containers in a legal manner when they become full . C . Where material or debris has been deposited in watercourses , ditches , gutters , drains , or catch-basins as a result of the CONTRACTOR's operations , such material or debris shall be entirely removed and ' satisfactorily disposed of during the progress of the work, and the ditches , channels , drains , etc . , shall be kept clean and open at all times . D . Before the completion of the project, unless otherwise especially directed or permitted in writing : _ 1 . Tear down and remove all temporary buildings and structures ; 2 . Remove all temporary works , tools , and machinery, or other construction equipment furnished ; 3 . Remove all rubbish from any grounds occupied ; and 4 . Leave the roads , all parts of the premises , and adjacent property affected by construction operations , in a neat and satisfactory condition . E . Restore or replace any public or private property damaged by construction work, equipment , or employees , to a condition at least equal to that existing immediately prior to the beginning of the operations . To this end , the CONTRACTOR shall restore all highway, roadside , and landscaping ,. work within any right-of-way , platted or prescriptive . Acceptable materials , equipment, and methods shall be used for such restoration . r. F . Thoroughly clean all materials and equipment installed and on completion of the work, deliver the facilities undamaged and in fresh and new- appearing condition . 01710 Site Cleanup 01710-1 PiEngineeringVCapital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive S1M0201 Indian River Drive South Sidewalk - Contract '� Docs\0201 -01710 - Site Cleanup.doc ow .. G . It is the intent of the Specifications to place the responsibility on the CONTRACTOR to restore to their original condition all items disturbed , destroyed , or damaged during construction . Particular attention will be r placed on restoration of canals to equal or better condition than prior to construction . H . When finished surfaces require cleaning with cleaning materials , use only those cleaning materials which will not create hazards to health or property and which will not damage the surfaces . Use cleaning materials only on those surfaces recommended by the manufacturer. Follow the manufacturer's directions and recommendations at all times . I . Keep the amount of dust produced during construction activities to a minimum . At CONTRACTOR's expense, spray water or other dust control agents over the areas , which are producing the dust . Schedule construction operations so that dust and other contaminants will not fall on wet or newly coated surfaces . ' 1 . 3 SITE CLEANUP AND RESTORATION Prior to final completion , the OWNER, ENGINEER, INDIAN RIVER FARMS WATER CONTROL DISTRICT, and CONTRACTOR shall review the site with regards to site cleanup and restoration . Clean and/or restore all items determined to be unsatisfactory by the OWNER or ENGINEER , at no additional expense . + + END OF SECTION + + r r r r r r 01710 Site Cleanup 01710-2 - FAEngineering\Capital Projects10201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docst0201 -01710 - Site Cleanup.doc DIVISION 2 TECHNICAL SPECIFICATIONS Item No . Title r - STANDARD SPECIFICATIONS r 1 MOBILIZATION 2 MAINTENANCE OF TRAFFIC 3 EROSION AND WATER POLLUTION CONTROL 4 CLEARING AND GRUBBING .. 5 GRADING , EXCAVATION AND EMBANKMENT 6 AS-BUI LTS 7-8 TURNOUT CONSTRUCTION .r 9- 10 CLASS I CONCRETE ( ENDWALL) 11 - 17 CLASS III CONCRETE CULVERT PIPE r 18-25 BCCMP CULVERT PIPE 26-31 INLETS AND MANHOLES 32 SIDEWALKS 36 BAHIA SODDING 37 ST. AUGUSTINE SODDING 200-210 WATER AND SEWER UTILITIES r i r r F:\Engineedng\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs\0201 - DIVISION 2 TECHNICAL SPECIFICATIONS Table of Contents.doc r SECTION 01025 TECHNICAL SPECIFICATIONS STANDARD SPECIFICATIONS A . All work of this Contract shall conform to the applicable technical specifications of Florida Department of Transportation Standard Specifications for Road and Bridge Construction , current edition , and Supplemental Specification , Special Provisions and addenda thereto, except as modified and supplemented hereinafter. Reference to Article numbers herein-after applyto the FDOT Standard Specifications , and reference in FDOT Standard Specifications to Department shall be taken as the Owner or its appointed Representative . Wherever the Specifications, Supplementals , etc. may refer to the "Owner" , " Department" , "State of Florida Department of Transportation", or words relating to offices of State Government, such words shall be taken as meaning Owner or Indian River County , Florida . Wherever the word "Owner's Engineer", " District Engineer" , " Engineer" , " Project Engineer" , etc. , appears , it shall be taken to mean the Registered Professional Project Engineer of the Indian River County Public Works Department , Engineering Division acting directly or through duly authorized representatives . Wherever the word "Resident Engineer" appears , it shall be taken to mean an authorized representative of the Owner's Engineer on the Project (Resident Construction Inspector) who will act as an agent for Indian River County, assigned to observe the progress quantity and quality of the work. a ITEMS OF PAYMENT ,. ITEM NO. 1 - MOBILIZATION The work specified in this section shall conform to Section 101 of the Florida Department of ,. Transportation Standard Specifications for Road and Bridge Construction . (2000 Edition) Item of Payment r Payment for the work specified in this item shall be made under: Bid Item No . 1 - Mobilization - Lump Sum ITEM NO. 2 - MAINTENANCE OF TRAFFIC The work specified in this item shall conform to Section 102 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2004 Edition) , except as modified herein . A . GENERAL PROVISIONS-DESCRIPTION : The work specified in this Section consists of maintaining traffic within the limits of the project for the duration of the construction period , including any temporary suspensions of the work. It shall include the r Last revised 7/9/01 01025- 1 Technical Specifications FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive Sw\0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specifications.doc i construction and maintenance of any necessary detour facilities ; the providing of necessary facilities for access to residences , businesses , etc. , along the project; the furnishing , installing and maintaining of traffic control and safety devices during construction , the control of dust through the use of calcium chloride if necessary , and any other special requirements for safe and expeditious movement of traffic as may be called for on the plans . The term , Maintenance of Traffic, as used herein , shall include all of such facilities, devices and operations as are required for the safety and convenience of the public as well as for minimizing public nuisance ; all as specified in this Itemized Section 14 of these provisions and Paragraph 24 in General Conditions Section . B . BEGINNING DATE OF CONTRACTOR'S RESPONSIBILITY: The Contractor shall do present his Maintenance of Traffic Plan at the pre-construction conference. The Maintenance of Traffic Plan shall indicate the type and location of all signs , lights , barricades , striping and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workmen . The plan will indicate conditions and setups for each phase of the Contractor's activities . When the project plans include or specify a specific Maintenance of Traffic Plan , alternate proposals will be considered when they are found to be equal to or better than the plan specified . .. In no case may the Contractor begin work until the Maintenance of Traffic Plan has been approved in writing by the Engineer. Modifications to the Maintenance of Traffic Plan that become necessary shall also be approved in writing . Except in an .. emergency , no changes to the approved plan will be allowed until approval to change such plan has been received . The cost of all work included in the Maintenance of Traffic Plan shall be included in the pay item for Maintenance of Traffic. dw The Contractor shall be responsible for performing daily inspections , including weekends and holidays , with some inspections at nighttime , of the installations on the project and replace all equipment and devices not conforming with the approved standards during that inspection . The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. C . TRAFFIC CONTROL - STANDARDS: The 2002 FDOT Desiqn Standards For Design Construction Maintenance and Utility Operations On The State Highway System , set forth the basic principles and prescribes minimum standards to be followed in the i design , application , installation , maintenance and removal of all traffic control devices and all warning devices and barriers which are necessary to protect the public and do workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions , and additional traffic control devices warning devices , barriers or other safety devices will be required where unusual , complex or particularly hazardous conditions exist. Last revised 7/9/01 01025-2 Technical Specifications F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specifications.doc r i The above referenced standards were developed using F . H .W.A. , U . S . D . O .T. Manual �+ on Uniform Traffic Control Devices (MUTCD) . D . TRAFFIC CONTROL DEVICES , WARNING DEVICES AND BARRIERS - • INSTALLATION : The responsibility for installation and maintenance of adequate traffic control devices , warning devices and barriers , for the protection of the travel in public and workmen , as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices , warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove , turn or cover any devices or barriers which do not apply to existing conditions . All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged . Damaged devices diminishing legibility and recognition , during either night or day conditions, are not acceptable for use . E . NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. _ Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 2 - Maintenance of Traffic - Lump Sum 910 ITEM NO. 3 - EROSION AND WATER POLLUTION CONTROL PART 1 — GENERAL 1 . 1 SCOPE A. This Section covers erosion control and the treatment of dewatering water and stormwater runoff from the construction site and work area . The pollution i control measures shall prevent turbid or otherwise polluted waters from being discharged from the construction site or work area , to undeveloped portions of the site or off-site . B . The OWNER considers pollution from dewatering water and stormwater runoff from a construction site or work area to be a very serious offense . The CONTRACTOR is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site orwork area. i C . The pollution control measures specified herein represent minimum standards i Last revised 7/9/01 01025-3 Technical Specifications FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specifications.doc a i to be adhered to by the CONTRACTOR throughout the Project's construction . The OWNER reserves the right to require the CONTRACTOR to employ additional pollution control measures , when in the sole opinion of the OWNER , they are warranted . If site specific conditions require additional erosion and stormwater pollution control measures during any phase of construction or operation to prevent erosion or to control sediment or other pollution , beyond those specified in the Drawings or herein , implement additional best management practices as necessary, in accordance with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector' s Manual , included herein in Appendix r „ B„ D . The OWNER may terminate this Contract if the CONTRACTOR fails to comply r with this Section . Alternatively, the OWNER may halt the CONTRACTOR's operations until the CONTRACTOR is in full compliance with this Section . Ifthe OWNER halts the CONTRACTOR's work as a result of its failure to comply with this Section , the Construction Contract time clock will continue to run . E . In addition to these Specifications , comply with Chapter 4 , " Best Management Practices for Erosion and Sedimentation Control" of the Florida Erosion and Sediment Control Inspector's Manual , included herein in Appendix " B . " If there is a conflict between the referenced Chapter 4 and these Specifications, the more stringent requirement shall prevail . 1 . 2 SOME PERMITS TO BE OBTAINED BY THE CONTRACTOR M A. The OWNER has obtained certain permits for this project and they are listed in paragraph SC-6 . 08 of the Supplementary Conditions . Per paragraph SC- 6 . 08 . 13 of the Supplementary Conditions , the CONTRACTOR shall apply for, obtain , and pay for all other required permits and licenses. This may include but not be limited to: 1 . Long-term or short-term dewatering permit as required by the St. Johns River Water Management District (SJRWMD) . Contact SJRWMD at (321 ) 984-4940 to determine which permit is required and the associated statutory requirements ; and 2 . The State of Florida Generic Permit for Stormwater Discharge From r Large and Small Construction Activities . Contact the Florida Department of Environmental Protection (FDEP) at (866) 336-6312 (toll free) or (850) 245-7522 or r www. dep . state . fl . us/water/stormwater/npdes/ B . Provide copies of all permits to the OWNER and ENGINEER and comply with . all conditions contained in all permits at no extra cost to the OWNER. If there is a conflict between any permit requirement and these Specifications , the more stringent specification or requirement shall govern . r r Last revised 7/9/01 01025-4 Technical Specifications FAEngineeringlCapital Projects10201-03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs10201 - Technical Specificalions.doc i 1 . 3 GENERAL i A. Do not begin any other construction work until the pollution control and treatment system has been constructed in accordance with approved plans and approved for use by the OWNER and applicable permitting authorities . B . From time to time , the OWNER or ENGINEER will inspect the pollution control and treatment system and may take effluent samples for analysis by a testing laboratory selected and paid for by the OWNER . If at anytime, the OWNER or ENGINEER determines that the pollution control and treatment system is not in compliance with the approved system , the OWNER or ENGINEER will shut the portion of the project down that is not in compliance , and it shall remain shut- down until the pollution control and treatment system is properly constructed or repaired , and complies with the approved pollution control and treatment system plans and specifications. C . Schedule construction to minimize erosion and stormwater runoff from the construction site. Implement erosion control measures on disturbed areas as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased , but in no case more than 7 days after the construction activity in that portion of the site has temporarily or permanently ceased . i D . Inspect each pollution control system at least once per day. Clean and i maintain each pollution control system as required by its manufacturer or the OWNER , until the system is no longer needed . If a water quality violation occurs , immediately cease all work contributing to the water quality violation and ,o correct the problem . E . Discharge shall not violate State or local water quality standards in the receiving ,W waters , nor cause injury to the public health or to public or private property, nor to the Work completed or in progress. The receiving point for water from construction operations shall be approved by the applicable regulatory agency on and the ENGINEER . F . Promptly repair all damage at no cost to the OWNER . 1 .4 SUBMITTALS i A. Shop Drawings : Submit shop drawings of the proposed pollution control and treatment systems in accordance with Article 6 . 17 of the General Conditions . i B . Stormwater Pollution Prevention Plan . i 1 . 5 STATE CERTIFIED EROSION CONTROL SPECIALTY SUBCONTRACTOR IS Last revised 7!9!01 01025-5 Technical Specifications FAEngineering\Capital Projects10201-03128-Indian River Drive Sidewalk-South-Highland Drive S\M0201 Indian River Drive South Sidewalk - Contract Docs10201 - Technical Specifications.doc REQUIRED FOR DESIGN INSTALLATION , AND MAINTENANCE A. Site-specific design of the erosion and stormwater pollution control system , and installation and maintenance of all erosion and stormwater pollution control devices , shall be by a State certified erosion control specialty subcontractor who specializes in the design , installation , and maintenance of such devices . After installation , this subcontractor shall maintain the erosion and stormwater pollution control devices until the devices are no longer necessary. (Note : The CONTRACTOR may install and maintain the erosion and stormwater pollution control system under the direction of the State certified erosion control specialty subcontractor. ) Before beginning construction , submit to the ENGINEER for review, a Stormwater Pollution Prevention Plan , prepared by the State certified erosion control subcontractor. Construction shall not begin until the Stormwater Pollution Prevention Plan has been submitted to the ENGINEER . The CONTRACTOR shall complete the certification provided at the end of this Section and it shall be a part of the Stormwater Pollution Prevention Plan . .. 1 . 6 "POLLUTION" AND CERTAIN UNCONTESTABLE POLLUTION EVENTS DEFINED A. Except as may be defined otherwise in paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D , "pollution" is the presence in off-site waters of any substances , contaminants, or r' manmade or human-induced impairment of waters or alteration of the chemical , physical , biological , or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare , animal or plant life , or property. Pollutants to be removed include but are not limited to , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides , oil and grease , concrete truck washout , construction chemicals , and construction debris . 1 B . When the Discharge is Directly Into an Existing Water Body , Pollution Occurs When . . . An existing water body (including ditches and canals) is defined to be polluted by the CONTRACTOR's operations when at any time , the turbidity of the water immediately downstream of the CONTRACTOR's discharge point(s) is 29 nephelometric turbidity units (NTUs) higher than the turbidity of the background water upstream of the discharge point(s) . (See Fla . Administrative Code 62-302 . 530] The ENGINEER or OWNER shall determine the locations where the turbidity is measured . .. C . When the Discharge is not Directly Into an Existing Water Body, Pollution Occurs When . . . In some instances, dewatering water or stormwater runoff from the construction site or work area may reach a water body indirectly, such .� as after traveling through pipes or by overland flow. Before construction commences , the OWNER or ENGINEER will measure background levels of total suspended solids (TSS) and turbidity, in the immediate vicinity of the •• discharge water's ultimate discharge point into the receiving water body. If the discharge water's TSS and turbidity measurements exceed these pre- Last revised 7/9/01 01025-6 Technical Specifications FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SVV\0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specifications.doc r construction background values by 29 NTUs for turbidity, then the discharge .. from the CONTRACTOR's operations is defined to be polluted . D . Pollution Always Occurs When . . . The discharge is defined to be polluted • whenever any of the following is present in the discharge water: ( 1 ) Hazardous waste or hazardous materials in any quantity , (2) Any petroleum product or by-product in any quantity, (3) Any chemical in any quantity, or (4) Concentrated pollutants . • E . Above paragraphs 1 . 6 . 13 , 1 . 6 . C , and 1 . 6 . D do not in anyway, limit the types of conditions in which pollution may be determined to occur. 1 . 7 PENALTIES FOR NONCOMPLIANCE WITH THIS SECTION A. In addition to the OWNER's other remedies listed herein , if the CONTRACTOR fails to comply with this Section and erosion or pollution is caused by dewatering water or stormwater runoff from the construction site, the OWNER will report the violations to the Indian River County Code Enforcement Board , SJRWMD , Indian River Farms Water Control District (or other F . S . Chapter 298 Drainage District, as appropriate) , and other pertinent regulatory or enforcement agencies. PART 2 - MATERIALS AND INSTALLATION 2 . 1 GENERAL A . Staked Silt Fences : 1 . General : Use silt fences to control runoff from the construction site where the soil has been disturbed . 2 . Installation : Install per the manufacture' s recommendations and as specified herein . In general , install the silt fence in a manner that allows it to stop the water long enough for the sediment to settle while the water passes through the silt fence fabric. All supporting posts shall be on the down-slope side of the fencing . Place the bottom of the fabric 6-inches minimum , under compacted soil to prevent the flow of sediment underneath the fence . Otherwise, install in accordance with FDOT Index No . 102 . .. 3 . Removal : Contractor is responsible for removal of silt screens . 4 . Product: All material shall be new and unused . Use FDOT Type IV silt fences where large sediment loads are anticipated , where slopes are 1 : 2 (vertical : horizontal) or steeper, or as directed by the ENGINEER ; otherwise use FDOT Type III silt fence . (a) For FDOT Type III Silt Fence - ACF Environmental , Catalog No . 360800000 , Florida DOT Silt Fence. U . S . Sieve = 30 , tensile strength = 120 pounds . The heavy-duty filter fabric shall be pre- Last revised 719101 01025-7 Technical Specifications FAEngineering\Capital Projects\0201-03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specificalions.doc W attached to 48-inch long stakes on 6-foot centers . ( 1 -800-448- 3636) . (b) For FDOT Type IV Silt Fence , modify the above Catalog No . 360800000 to comply with FDOT Index No. 102 . .. (c) Or equivalent. B . Turbidity Barriers : 1 . General : Use turbidity barriers to control sediment contamination of rivers , lakes , ponds , canals , etc. 2 . Installation : Install per the manufacturer's recommendations and per FDOT Index No. 103 unless directed otherwise by the ENGINEER . 3 . Removal : Contractor is responsible for disposal of turbidity barriers . 4 . Product: All material shall be new and unused . The turbidity barrier shall ,. be a pervious barrier and the fabric color shall be yellow. a . Parker Systems , Inc . ( 1 -866-472-7537) , model Type I . b . Or equivalent. i C . Sedimentation Control From Dewatering or Pumping Operations Using Filter Bags : 1 . Remove silt, sediment, and other particles from dewatering or pumping applications using a filter bag . The bag shall be manufactured using a polypropylene non-woven geotextile and sewn by a double-needle machine , using a high strength nylon thread . The bag shall have a fill spout large enough to accommodate a 4-inch pump discharge hose . Straps shall be attached to the bag to secure the hose and prevent MW pumped water from escaping without being filtered . 2 . Installation : Install in accordance with the manufacturer' s specifications . Use as many filter bags as required , at no additional cost to the OWNER . Dispose of the bags offsite , at no cost to the OWNER . If the bags are placed on aggregate to facilitate filtration efficiency, do not use limerock aggregate . ,. 3 . Product: The filter bag shall be supplied with lifting straps . a . " DIRTBAG 53 or 55 as applicable , " supplied by ACF Environmental , Inc. ( 1 -800-448-3636) . +. b . " DANDY DEWATERING BAG" supplied by Dandy Products , Inc . ( 1 - 800-591 -2284) . c. Or equivalent. MP D . Curb Inlet Protection : 1 . Filter stormwater before it enters curb inlets . 2 . Installation : Install in accordance with the manufacturer's specifications. Use as many of the specified filtration devices as required , at no additional cost to the OWNER . ,. 3 . Removal : The filtration devices shall become the property of the OWNER upon completion of the project. When they are no longer needed , carefully remove and clean the filtration devices and contact MW Indian River County Road and Bridge Division (772-5085) , which will provide a truck to pick them up . Load the filtration devices onto the Last revised 7!9101 01025-8 Technical Specifications FAEngineeringlCapital Projects10201 -03128-Indian River Drive Sidewalk-South-Highland Drive SM0201 Indian River Drive South Sidewalk - Contract Docs10201 - Technical Specificalions.doc r County truck. 4 . Product: All materials shall be new and unused . The length of the curb inlet filtration device shall be at least 2-feet longer than the curb inlet opening . a . " GUTTERBUDDY, " supplied by ACF Environmental , Inc. ( 1 -800-448- 3636) . b . Or equivalent. E . Catch Basin Protection : 1 . Filter stormwater before it enters catch basins (drop inlets) . The "sack" shall be manufactured from woven polypropylene geotextile and sewn by a double-needle machine , using a high strength nylon thread . The sack shall be manufactured to fit the opening of the catch basin or drop inlet and it shall have the following features: two dump straps attached at the bottom to facilitate emptying ; lifting loops as an integral part of the system to be used to lift the sack from the basin ; and a yellow restraint ,., chord approximately halfway up the sack to keep the sides away from the catch basin walls . The yellow restraint chord shall also serve as a visual means of indicating when the sack should be emptied . 2 . Installation : Install in each catch basin in accordance with the manufacturer's specifications . Use as many of the specified filtration devices as required , at no additional cost to the OWNER. 3 . Removal : The Contractor will be responsible for removal of all filtration devices. 4 . Product: All materials shall be new and unused . a . " SILTSACK" (regular flow) , supplied by ACF Environmental , Inc. ( 1 - 800-448-3636) . b . " FloGuard + PLUS , " supplied by Kristar Enterprises , Inc. ( 1 -800-579-8819) . c. Or equivalent. F . Construction Site Egress Driveways : Minimize the transport of sediment and soil from the construction site or work area by vehicle wheels . Construct a crushed rock driving surface at the vehicle exit point(s) . Provide an area large enough to remove the sediment and soil from vehicle wheels before the vehicle leaves the construction site or work area . Provide wash-down stations as required to wash vehicle tires and retain all washwater on-site . G . Rock and Stone for Erosion Control and Pollution Control and Treatment: 1 . Crushed Limerock: Crushed limerock shall not be used under any circumstance . 2 . Acceptable Material : FDOT #4 non-calcareous aggregate (usually granite) , washed and meeting the requirements of FDOT Standard Specifications for Road and Bridge Construction , Section 901 . H . Hay Bales : Hay bales shall not be used . Last revised 7/9/01 01025-9 Technical Specifications F:\Engineering\Capital Projects\0201-03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specifications.doc • PART 3 - EXECUTION A . Design , construct, and maintain the pollution control and treatment system to minimize erosion and capture and remove pollutants from the construction site r and from all other areas disturbed by construction activities . Item of Payment r Payment for the work specified in this item shall be made under: Bid Item No . 3 - Erosion and Water Pollution - Lump Sum (The rest of this page intentionally left blank) i r r r i r +� Last revised 7/9/01 01025- 10 Technical Specifications F:\Engineering\Capital Projects\0201-03128-Indian River Drive Sidewalk-South-Highland Drive SVJ\0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specifcations.doc r r CONTRACTOR's CERTIFICATION REGARDING EROSION CONTROL AND TREATMENT OF DEWATERING WATER AND STORMWATER FROM THE CONSTRUCTION SITE r (TO BE MADE A PART OF THE STORMWATER POLLUTION PREVENTION PLAN) STATE OF r COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer r oaths , comes , who on oath says : That he or she is the CONTRACTOR with whom Indian River County, Florida , a political subdivision of said state, did on the day of , 20 , enter into a contract for the performance of certain work, more particularly described as follows : INDIAN RIVER DRIVE SOUTH SIDEWALK IMPROVEMENTS UNDER PENALTY OF PERJURY, affiant further says that he or she understands and r shall comply with , the terms and conditions of the following : 1 . The State of Florida Generic Permit for Stormwater Discharge From Large and r Small Construction Activities , 2 . The Stormwater Pollution Prevention Plan , 3 . Section 02225 of the Specifications - Erosion Control and Treatment of r Dewatering Water and Stormwater From the Construction Site , 4 . The St. Johns River Water Management District permit, and 5 . All Codes and Ordinances of Indian River County. r (Corporate Seal) (Contractor) r By: r Subscribed and sworn to before me this _ day of 120 r Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + r r Last revised 7/9101 01025- 11 Technical Specifications F:1Engineering\Capital Projecls10201 -03128-Indian River Drive Sidewalk-South-Highland Drive S1M0201 Indian River Drive South Sidewalk - Contract Docs10201 - Technical Specifications.doc r ITEM NO . 4 - CLEARING AND GRUBBING The work specified in this item shall conform to Section 110 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction . (Latest Edition ) • with the following modifications : A. Prior to any clearing and grubbing , the contractor will stake the right-of-way. • Unimproved areas shall be cleared of trees , logs , stumps , brush , vegetation , rubbish and other perishable or objectionable matter within limits shown on the plans excepting for certain trees and shrubs shown on the plans or as directed by the • Engineer which are to remain undisturbed and protected . Stumps and roots between slope stakes in cuts and in embankments 3 feet or less in depth shall be removed to a depth of 18 inches below subgrade . No stumps , roots , or perishable matter of any • description shall remain under concrete slabs or footing , including pavement and sidewalks . B . No trees shall be removed or relocated until the Engineer or his representative has marked all trees to be saved , after a review of the project site with the Contractor's + representative . C . Where the final pavement or structural work will be close to existing trees, the Contractor shall exercise care in the vicinity of the trees . Further, the Contractor shall saw cut along the edge of the outside limits of the stabilization , structure subgrade or sidewalk to a minimum depth of 4 feet below the finish grade and paint with a commercial grade pruning paint the ends of all sawn roots . If directed by the Engineer • or where shown on the drawings, work shall be done Aby hand@ in order to protect the trees . + D . The Contractor shall exercise care when working in the vicinity of all trees to remain so as to not damage or remove major root structures . The Contractor shall not pull hair • or major root structures . All severed roots shall be sawn clean and paint with pruning paint. Stumps , roots , etc. , shall be completely removed and disposed of by the Contractor. Undesirable , dead , and/or damaged trees (as so designated by the • Engineer) shall be removed . E . All trees to be removed shall be disposed off site ; burning will be strictly prohibited . • F . All trees or shrubs which are to remain shall be preserved and protected by the Contractor. Where the removal of valuable trees or shrubs specifically for • transplanting is required , this work shall be done in cooperation with the Owner and at no additional expense to the Owner. G . All items to be removed shall be excavated to their full depth . All culverts removed from residential driveway entrances within the right-of-way shall become the property of the respective homeowner. Those homeowners not desiring the culverts may donate them to the County free of charge . (See Paragraph C , Special Provisions) The Contractor shall transport the culverts to the County's storage yard . All metal + Last revised 7/9/01 01025- 12 Technical Specifications FAEngineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive S1M0201 Indian River Drive South Sidewalk - Contract Docs\0201 - Technical Specifications.doc r i castings for catch basins , manholes , or other structures shall be carefully removed 1• and stored in the County's Storage Yard if they are deemed salvageable by the Engineer. The excavated materials shall be removed from the job site and disposed in a location designated or approved by the Owner. Where required , suitable material as approved by the Engineer shall then be backfilled and compacted to restore the original contour of the ground . The fill material shall be backfilled and compacted in accordance with Section 120 of these specifications . i H . No additional payment will be made, nor will additional work , or change orders be authorized for work needed to remove , relocate, protect, or otherwise account for in the construction of the work depicted in the plans , for any feature, or item that would be apparent from a careful inspection of the site and review of the plans , even though such feature or item is not specifically called out in the plans . It is therefore essential " the contractor make such inspection and review. I . The unit price bid for this item shall include the cost of all labor, tools , and equipment necessary to excavate , remove , and dispose of those items as directed by the Engineer and where designated on the Drawings. The cost of restoration and backfill and compaction for the specific area of removal shall also be included underthis item . i Item o_ f Pent Payment for the work specified in this item shall be made under: Bid Item 4 - Clearing and Grubbing - Lump Sum The provisions of Special Provisions , Paragraph 9 shall be applicable and the costs thereof included under this item . ITEM NO. 5 — GRADING . EXCAVATION AND EMBANKMENT The work specified in this item shall conform to Section 120 of the Florida Department of Transportation Specifications for Road and Bridge Construction . ( Latest Edition) . Excess fill removed to be delivered to Indian River County to a site designated by the County Engineer. This item shall include all excavation of whatever kind , including subsoil , if necessary, for the roadway, drainage channels , removal of existing pavement, structures and any other work normally included in Section 120-7 . Also included is all work necessary to construct all necessary embankments , including compaction of same , normally included in Section 120-8 i and 102-9 . Grading of swales and the construction of all earthwork necessary to achieve the final elevations , lines , grades and contours shown on the plans shall be included in this item . No other additional payment will be made for any earthwork , grading or excavation . Item of Payment i Payment for the work specified in this item shall be made under: Bid Item No. 5 - Grading — Lump Sum i Last revised 7!9101 01025-13 Technical Specifications F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract DocsN0201 - Technical Specifications.doc ITEM 6 - AS -BUILT DRAWINGS During the entire construction operation , the contractor shall maintain records of all deviations from the Drawings and Specifications and shall prepare them from a record of drawings showing correctly and accurately all changes and deviations from the work, made during construction to reflect the work as it was actually constructed . The following items are required to be shown on County project record drawings : A. Right-of-Way Swale/Drainage - All culverts inverts ; swale beginning and end bottom elevations; and highs and lows along top of bank . Size of swale . B . Structures — Station and offset for all structures , inverts , grate elevation , dw and bottom elevations. C . Sidewalk — Back of sidewalk elevations at every 100' station . Record drawings shall conform to recognized standards of drafting , shall be neat and legible . County will supply Contractor with AutoCAD 14 drawings on compact disk or 3 . 5" floppy disks . Contractor will input As-Built information on drawings and return to County. .r Contractor's surveyor will sign and sealed six (6) sets of record drawings . Item of Payment Payment for the work specified in this item shall be made under: Bid Item 6 - As-Built Drawings - Lump Sum ITEM NO. 7 through 8 — TURNOUT CONSTRUCTION The work specified in this section shall conform to Section 286 of the Department of Transportation Standard Specifications for Road and Bridge Construction (2000 Edition) . Driveways to be replaced with pre-construction materials whether it is to be concrete , rock , _ asphalt or grass . Item of Payment The payment for the work specified in this item shall be made under: Bid Item No . 7-8 — Turnout Construction — Square Yard r ITEM NO. 9 through 10 — CLASS I CONCRETE (ENDWALL) The work specified in this item shall conform to Section 400 of the Florida Department of _ Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 9- 10 — Class I Concrete (Endwall) — Each ITEM NO . 11 SUPERPAVE ASPHALTIC CONCRETE The work specified in this item shall conform to Section 334- 1 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) . TECHNICIAL PROVISION TP - 14 Included in this payment will be tack coat and bituminous materials ( Plant Mix) . No separate payment will be made for bituminous materials . No additional payment will be made for asphalt thickness in excess of the specified thickness . ITEM NO . 13 through 17 — CLASS III CONCRETE CULVERT PIPE The work specified in this item shall conform to Section 430 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) . Item of Payment Payment for the work specified in this item shall be made under: r Bid Item No . 13 — Class III ( 18") Concrete Culvert Pipe — Linear Foot Bid Item No . 14 — Class III (36") Concrete Culvert Pipe — Linear Foot Bid Item No . 17 — Class 111 (48" x 76") Concrete Culvert Pipe — Linear Foot • ITEM NO. 18 and 24 — BCCMP CULVERT PIPE The work specified in this item shall conform to Section 430 of the Florida Department of ' Transportation Standard Specifications for Road and Bridge Construction ( Latest Edition) . Item of Payment r Payment for the work specified in this item shall be made under: Bid Item No . 18 — 12" BCCMP Culvert Pipe — Linear Foot r Bid Item No. 24 — 42" BCCMP Culvert Pipe — Linear Foot ITEM NO. 26 through 31 . 1 INLETS AND MANHOLES The work specified in this item shall conform to Section 425 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) . r Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 26 — Inlet, Type "C — Each Bid Item No . 27 — Inlet, Type " E" — Each Bid Item No . 31 and 31 . 1 — Manhole (Modified Type J -7) r ITEM NO. 32 — 6" THICK SIDEWALKS The work specified in this item shall conform to Section 522 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) . Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 32 — Concrete Sidewalk — Square Yard i " TECHNICIAL PROVISION TP - 15 ITEM NO. 36 — SOD (BAHIA) The work specified for this item shall conform to Section 575 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) . Bahia sod will be used for all disturbed areas. Fertilizer and water will be included in this work. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 36 — Sod (Bahia) — Square Yard ITEM NO. 37 — SOD (ST. AUGUSTINE) The work specified for this item shall conform to Section 575 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (Latest Edition) . St. Augustine sod will be used for all disturbed areas . Fertilizer and water will be included in this work. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No . 376 — Sod (St. Augustine) — Square Yard ,. ITEM NO. 20 THROUGH 210 — WATER AND SEWER UTILITIES A . Water Utilities The water utilities for this project shall be constructed per the 'Indian River County Technical Specifications" , latest edition . This document can be purchased from Indian River County Utilities . Relocation of existing fire hydrants shall include the cost of all pipe , fittings , thrust blocks , retaining rods , trenching grading , and incidental items associated with relocation . B . Sewer Utilities The sewer utilities for this project shall be constructed per the "Indian " River County Technical Specifications" , latest edition . This document can be purchased from Indian River County Utilities . C . General All 16" gate valves shall be horizontally mounted with side actuator D . Restrained Joints All exposed bolts , nuts & washers shall be 304 stainless steel . . TECHNICIAL PROVISION TP - 16 .. E . Earthwork and Backfill Compaction - All fill must be compacted by hand tamping from under the pipe up to the center-line . Backfill shall be compacted in 6" lifts up to the surface to achieve a minimum compaction of 98 percent of maximum density in roadways and shoulders and 95 percent in easements , in accordance with AASATO T- 180 and D-2167 . ,. F . Ductile Iron Pipe and Fittings 1 . General All buried ductile iron pipe shall be manufactured in accordance with AWWA Specification C- 151 and shall be Class 52 minimum . All .. exposed ductile iron pipe shall be Class 53 minimum . 2 . Fittings All underground fittings shall be either bell and spigot, or mechanical joint. Mechanical joints shall conform to AWWA specification C110 (ANSI 21 . 10-87) , or latest revision . All exposed aboveground fittings shall be flanged joint . +` 3 . Bell and Spigot Connections Joints in bell and spigot pipe shall be push-on , mechanical , or restrained joints in accordance with AWWA Standard C- 111 (ANSI 21 . 11 -85) , or latest revision . Mechanical joint pipe set-screw type retainer glands will not be permitted . 4 . Flanged Connections Flanged pipe with screwed-on flanges shall be furnished with long hubs , and the flanges shall be screwed on the threaded end of the pipe in the shop , and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside. The back of the hub shall be caulked where the hub threads joint with the pipe. G. Disinfecting Potable Water Pipelines Before being placed in service , all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C-651 , "Standard Procedure for Disinfecting Water Mains" , except that the use of tablets is strictly prohibited . The procedure shall be approved by the Engineer. The location of the chlorination and sampling points will be as specified by the Florida Department of Environmental Protection , Water Distribution System Permit. Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, as required . TECHNICIAL PROVISIONS r r .• H . Payment Shall Be Made Under: Item No . 200 Valve Box Adjustment — each Item No . 202 Water Meter Relocation — each Item No . 203 Water Meter Assembly Relocation — each Item No . 210 Sewer Valve Box Adjustment i + + END OF SECTION + + r • r r i r r s r TECHNICIAL PROVISIONS r APPENDIX ` A' PERMITS r i r r r w r r r Appendix A-Permits F:\Engineering\Capital Projects\0201 -03128-Indian River Drive Sidewalk-South-Highland Drive SW\0201 Indian River Drive South Sidewalk - Contract Docs\0201 -APPENDIX A - Permits.doc St , Johns River Water Management District INby B. Green III, Executive Director • David W. Rsk. Assistant Executive Director • Mike Slayton, Deputy Executive Director John Juilianna, Palm Bay Service Center Director, Regulatory r 525 Community College Parkway S. E. • Palm Bay, FL 32909 • (321 ) 984.4940 January 13 , 2004 r Certified No . : 7004 1350 0000 6295 0514 Michelle A. Gentile , C . E .T. Indian River County QECE WEE 1840 25th Street Vero Beach , FL 32960 JAN 1 4 2005 RE : Indian River Drive Sidewalk South INDIAN RIVER COUNTY Permit No . 40-06Al -89085- 1 ENGINEERING DIVISION Compliance No. 061 -478014 Dear Ms . Gentile : On August 26 , 2004 , the District received your written request to modify permit number 40-061 -89085- 11 by proposing minor changes to the location of the swale and sidewalk. This request was updated with additional information by a submittal received by the District on December 13 , 2004 . Specifically, staff understands that the proposed r modification consists of the following : The construction plans received on August 26 , 2004 , and again on December 13 , 2004 , show minor changes to the system design including moving the location of the swale to the east side of the roadway. r Based on the information provided , your request qualifies for a letter modification pursuant to Section 40C-4 . 331 ( 1 ) (b) , Fla . Admin . Code . r All of the terms and conditions of permit number 40-061 -89085- 1 will remain in effect . r Please be advised the District has not published a notice in the newspaper to advise the public that it is issuing this letter modification . If you do not publish notice in the newspaper, a party's right to challenge the issuance of this letter modification extends for an indefinite period of time. If you wish to have certainty that the period for filing such a challenge is closed , then you may publish , at your own expense , such a notice in a newspaper of general circulation within the area that includes the project to Vrhich the modification applies . A copy of the form of the notice is attached for your use . Pursuant to Section 40C- 1 . 1007, Florida Admin . Code, please forward to the District an affidavit of publication from the newspaper within seven (7) days of publication . GOVERNING BOARD - Duane Ottenstroer, cMwnv.AN Ometrias D. Long, VICE_ CHAIRMAN R. Clay Albright, sEcnuxA David G. Graham, TREASURER JACKSO'WUE APOPKA OCALA JACKSOWY W. Michael Branch John G. Sowinsh Wham Kerr Ann T. Moore Susan N. Hughes =OWL mhgoaN nal hmnn uei1y Phr Ac4nw AIIENP I ,jPVQ ,p py , [ r r Please feel free to contact me at (321 ) 984-4940 if you have any questions . Sincerely, r 4o Juiliann , Service Center Director Depa f Water Resources cc: PDS ( Letter tV� dification ) .. Janice U llj / _ Mark Cros r r r C + w w NOTICE OF AGENCY ACTION TAKEN BY THE ST . JOHNS RIVER WATER MANAGEMENT DISTRICT Notice is given that a permit modification was issued by letter on [insert date of letter + from District modifying permit): (Name and address of applicant) Number of Permit Modified The project is located in County, Section , Township Range The permit modification authorizes the modification of A SURFACE WATER MANAGEMENT SYSTEM known as . The modification consists of: [insert authorization description from letter modifying permit] The receiving water body is + The file(s) containing the application for the above listed permit modification is available for inspection Monday through Friday except for legal holidays , 8 : 00 a. m . to 5 : 00 p . m . at the St . Johns River Water Management District (District) Headquarters, 4049 Reid Street, Palatka , FL 32177. A person whose substantial interests are affected by the permit modification may petition for an administrative hearing in accordance with sections 120.569 and 120 .57, Florida Statutes and Chapter 28- 106, Florida Administrative Code, or may choose to pursue mediation as an alternative remedy under section 120.573, Florida Statutes, before the deadline for filing a "- petition . Choosing mediation will not adversely affect the , right , to- a hearing.. if mediation does not result in a settlement. The procedures for pursuing mediation are set forth in section 120.573 , Florida Statutes, and rules 28- 106 . 111 and 28- 106 .401 - ' .404 Florida Administrative Code . Petitions must comply with the requirements of Florida Administrative Code Chapter 28- 106 and be filed with (received by) the District Clerk located at District Headquarters , 4049 Reid Street , Palatka, FL 32177 . Petitions for administrative hearing on the above application (s) must be filed within twenty-one (21 ) days of publication of this notice . Failure to file a petition within this time period shall constitute a waiver of any right(s) such person (s) may have to ' request an administrative determination (hearing) under sections 120 .569 and 120 . 57, F. S . , concerning the subject permit modification. Petitions that are . not filed in + accordance with the above provisions are subject to dismissal . Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means that the District's final action may be different from the position taken by it in this notice of agency action . Persons whose substantial interests will be affected by any such final decision of the District on the permit modification have the right to petition to become a party to the proceeding , in accordance with the requirements set forth above . Revised October 2, 2002 INDIAN RIVER Vero Beach Press Journal P. O. Box 408 4W Legal Advertising Lakeland, FL 33802 ALACHUA The Alachua County Record P. O. Box 1268 PUTNAM Palatka Daily News 4w Legal Advertising Vero Beach, FL 32960 Legal Advertising P. O. Box 806 561 -562-2611/fax 561 -978-2366 P. O. Box 777 a Gainesville, FL 32603 LAKE 352-377-2444/fax 352-338-1986 Daily Commercial Palatka, FL 32178 BAKER Legal Advertising 904-312-5200/tax 904-312-6664 Baker County Press P. O. Drawer 7 ST. JOHNS St. Augustine Record Legal Advertising Leesburg, FL 34748 Legal Advertising r P. O. Box 596 _ 352-787-0902/fax 352-365-1951 - P. O. Box 1603 - Maclenny, FL 32063 FMARION • 904-259-2499/fax 904-259-6502 Ocala Star Banner, Legal Advertising St. Augustine, FL 32084 BRADFORD P. O. Box 490 904829-6566/fax 904-829-6664 Bradford County Telegraph Ocala, FL 32670 SEMINOLE • Sanford Herald Legal Advertising 352-867-4010/fax 352-867-4126 Legal Advertising P. O. Drawer NASSAU • Starke, FL 32901 News-Leader, Legal Advertising 300 North French Avenue 904-964-6305/fax 904-964-8628 511 Ash Street Sanford , FL 32711 dWI BREVARD Fernandina Beach, FL 32034 407-322-2611/fax 407-323-9408 Florida Today, Legal Advertising 904-261 -3696/fax 904-261 -3698 VOLUSIA News Journal Corporation P. O. Box 363000 OKEECHOBEE +' Okeechobee News Legal Advertising Melboume,.FL 32936 . . 407-242-3500/fax 407-242-6618 Legal Advertising P. O. Box 2831 CLAY P. O. 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