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HomeMy WebLinkAbout2009-192 i0a Y T . LORi� CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY PARKS MAINENTANCE COMPLEX BID NO , 2009043 PROJECT NO , 0701 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA WESLEY S . DAVIS , CHAIRMAN JOSEPH E . FLESCHER , VICE CHAIRMAN COMMISSIONER PETER D . O ' BRYAN COMMISSIONER , GARY C . WHEELER COMMISSIONER BOB SOLARI OSEPH A. BAIRD , COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT WILLIAM G . COLLINS , II , COUNTY ATTORNEY olwti JAMES W. DAVIS , P. E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER, JR . , P . E . , COUNTY ENGINEER 00001 - 1 00001 - Project Title Page - REV 04-07.doc F.\Engineering\Capital Projects\0701 IRO PARKS COMPLEX\Contract Documents Eng11RC Parks Maintenance CompleA00001 - Project Title Page - REV 04-07.doc i0a Y T . LORi� CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY PARKS MAINENTANCE COMPLEX BID NO , 2009043 PROJECT NO , 0701 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA WESLEY S . DAVIS , CHAIRMAN JOSEPH E . FLESCHER , VICE CHAIRMAN COMMISSIONER PETER D . O ' BRYAN COMMISSIONER , GARY C . WHEELER COMMISSIONER BOB SOLARI OSEPH A. BAIRD , COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT WILLIAM G . COLLINS , II , COUNTY ATTORNEY olwti JAMES W. DAVIS , P. E . , PUBLIC WORKS DIRECTOR CHRISTOPHER J . KAFER, JR . , P . E . , COUNTY ENGINEER 00001 - 1 00001 - Project Title Page - REV 04-07.doc F.\Engineering\Capital Projects\0701 IRO PARKS COMPLEX\Contract Documents Eng11RC Parks Maintenance CompleA00001 - Project Title Page - REV 04-07.doc � gIVEk Indian River County Purchasing Division 4 z 1800 27th Street �r Vero Beach, FL 32960 Phone (772) 226-1418 Fax (772) 770-5140 ADDENDUM NO . 1 Date : April 15, 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No. : 2009043 Project No. : 0701 Bid Opening Date: The Bid Opening date Wednesday, May 20, 2009 at 2 : 00 p. m. TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the 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 calendar 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. All Bids must be received by the Purchasing Division office located at 1800 27`h Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page 1 of 4 F:IEngineeringl Capital ProjecutO70I IRC PARKS COMPLEXIAddendumsURC Parks Maintenance Complex Addendum #I.doc � gIVEk Indian River County Purchasing Division 4 z 1800 27th Street �r Vero Beach, FL 32960 Phone (772) 226-1418 Fax (772) 770-5140 ADDENDUM NO . 1 Date : April 15, 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No. : 2009043 Project No. : 0701 Bid Opening Date: The Bid Opening date Wednesday, May 20, 2009 at 2 : 00 p. m. TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the 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 calendar 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. All Bids must be received by the Purchasing Division office located at 1800 27`h Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. Page 1 of 4 F:IEngineeringl Capital ProjecutO70I IRC PARKS COMPLEXIAddendumsURC Parks Maintenance Complex Addendum #I.doc Plan Revisions : Item #1 : PROJECTION SCREEN- Delete the DA-LITE Auto Up/Down projection screen called out on Sheet A- 1 in Meeting Room 43 . All wiring and conduit to remain as shown. Contract Ft. Pierce Engineers Inc. with questions . Delete specification Section 11132-Projection Screens. Item #2 : DISABLED PARKING STRIPING- Delete the Disabled Parking Stall striping plan on Sheet ACC. Utilize the striping details depicted on the Civil Plans . Item #3 : NOTE FOR CLARIFICATION- Sheet E-2; The security/alarm panel shown in the Elec./Phone Room will be provided by the Owner. The General Contractor shall provide the 110 volt duplex outlet at the appropriate height. The Owner' s alarm company will supply and install the system during the construction of the project and during normal work hours of the General Contractor. Contact Chris Kafer at (772) 226- 1221 with questions. Item #4 : MAKE-UP AIR LOUVER- Provide a make up air louver in the Maintenance Building repair bay exterior wall as depicted on the revised Sheet M-3 , Revised Sheet A- 11 and per Detail 12/A- 11 . Revised Sheets M-3 and A- 11 are attached. Item #5 : NOTE FOR CLARIFICATION- A separate permit must be issued for the emergency generator fuel storage tank and fuel piping. General Contractor shall submit, to the Architect, Shop Drawings for review with tank details to meet NFPA requirements. General Contractor shall submit design and shop drawings to the Indian River County Building Department for review and permitting. General Contractor shall be responsible for the cost of plan review and permit. Item 46: IRRIGATION PUMP- Provide a 5 HP irrigation pump as depicted on the Electrical Plans. See Revised Sheets E-2, E-6 and E-7 attached. Item#7: LIFT STATION ELECTRICAL- The Lift Station pump load has been adjusted on the Electrical Plans. Refer to the Revised Sheets E-2 , E-6, and E-7 attached. - - - Item#8: CONTRACT DOCUMENTS -Add sheet 00200-5 "Instructions-to Bidders" (attached). - Item#9 : PRE-BIDDER' S MEETING — Pre-bidder ' s meeting has been changed to Building B, Room B1 - 501 . The date and time remain the same. Page 2 of 4 F:IEngineeringlCapital Projec1s1O70l 7RCPARKS COMPLEAlAddendumsVRC Parks Maintenance Complex Addendum #Ldoc Plan Revisions : Item #1 : PROJECTION SCREEN- Delete the DA-LITE Auto Up/Down projection screen called out on Sheet A- 1 in Meeting Room 43 . All wiring and conduit to remain as shown. Contract Ft. Pierce Engineers Inc. with questions . Delete specification Section 11132-Projection Screens. Item #2 : DISABLED PARKING STRIPING- Delete the Disabled Parking Stall striping plan on Sheet ACC. Utilize the striping details depicted on the Civil Plans . Item #3 : NOTE FOR CLARIFICATION- Sheet E-2; The security/alarm panel shown in the Elec./Phone Room will be provided by the Owner. The General Contractor shall provide the 110 volt duplex outlet at the appropriate height. The Owner' s alarm company will supply and install the system during the construction of the project and during normal work hours of the General Contractor. Contact Chris Kafer at (772) 226- 1221 with questions. Item #4 : MAKE-UP AIR LOUVER- Provide a make up air louver in the Maintenance Building repair bay exterior wall as depicted on the revised Sheet M-3 , Revised Sheet A- 11 and per Detail 12/A- 11 . Revised Sheets M-3 and A- 11 are attached. Item #5 : NOTE FOR CLARIFICATION- A separate permit must be issued for the emergency generator fuel storage tank and fuel piping. General Contractor shall submit, to the Architect, Shop Drawings for review with tank details to meet NFPA requirements. General Contractor shall submit design and shop drawings to the Indian River County Building Department for review and permitting. General Contractor shall be responsible for the cost of plan review and permit. Item 46: IRRIGATION PUMP- Provide a 5 HP irrigation pump as depicted on the Electrical Plans. See Revised Sheets E-2, E-6 and E-7 attached. Item#7: LIFT STATION ELECTRICAL- The Lift Station pump load has been adjusted on the Electrical Plans. Refer to the Revised Sheets E-2 , E-6, and E-7 attached. - - - Item#8: CONTRACT DOCUMENTS -Add sheet 00200-5 "Instructions-to Bidders" (attached). - Item#9 : PRE-BIDDER' S MEETING — Pre-bidder ' s meeting has been changed to Building B, Room B1 - 501 . The date and time remain the same. Page 2 of 4 F:IEngineeringlCapital Projec1s1O70l 7RCPARKS COMPLEAlAddendumsVRC Parks Maintenance Complex Addendum #Ldoc Attachments : Specification Sheet 00200-5 Revised plans : Sheet A — 2 Maintenance Building Floor Plan Sheet A — 7 Maintenance Building Elevations Sheet A - 11 Door and Window Details Sheet M — 3 Maintenance and Storage Bays HVAC Plans Sheet E - 2 Office — Power / Systems Plan Sheet E — 6 Electrical Risers and Details Sheet E - 7 Electrical Schedules Page 3 of 4 F.iEngineeruugl Capital Projecis107011RC PARKS COMPLEXIAddendumsVRC Parks Maintenance Complex Addendum #I.doc Attachments : Specification Sheet 00200-5 Revised plans : Sheet A — 2 Maintenance Building Floor Plan Sheet A — 7 Maintenance Building Elevations Sheet A - 11 Door and Window Details Sheet M — 3 Maintenance and Storage Bays HVAC Plans Sheet E - 2 Office — Power / Systems Plan Sheet E — 6 Electrical Risers and Details Sheet E - 7 Electrical Schedules Page 3 of 4 F.iEngineeruugl Capital Projecis107011RC PARKS COMPLEXIAddendumsVRC Parks Maintenance Complex Addendum #I.doc * * * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * ADDENDUM NO. 1 is issued b Christo er J. er, E., County Engineer And J rry Dp4s, Purchasing Manager BIDDER Company Name Name : Title: (Type / Printed) Authorized Signature : Date: Telephone : Fax : Page 4 of 4 F.IEngineeringWaphal Projects10701 IRC PARKS COMPLEXUddendamsLIRC Parks Maintenance Complex Addendum #Ldoc * * * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * * * ADDENDUM NO. 1 is issued b Christo er J. er, E., County Engineer And J rry Dp4s, Purchasing Manager BIDDER Company Name Name : Title: (Type / Printed) Authorized Signature : Date: Telephone : Fax : Page 4 of 4 F.IEngineeringWaphal Projects10701 IRC PARKS COMPLEXUddendamsLIRC Parks Maintenance Complex Addendum #Ldoc 7.02 Addenda may be issued to clarify , correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8. 01 Each Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashiers check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of the Contract Documents. All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certifi- cates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308 . The Surety shall also meet the requirements of paragraphs 5 .01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned . 8 .03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 .01 The number of calendar days within which , or the dates by which , the Work is to be completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10 .01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL " ITEMS 11 .01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" 00200-5 F.IEngineeringlCapital Projects10701 IRC PARKS COMPLEXIAddendmuslIRC Parks Maintenance Complex Addendum #I. due 7.02 Addenda may be issued to clarify , correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. ARTICLE 8 - BID SECURITY 8. 01 Each Bid must be accompanied by Bid Security made payable to Owner in an amount of five percent of the Bidder's maximum base bid price and in the form of a certified check; cashiers check; or an AIA Document A310 Bid Bond issued by a surety meeting the requirements of the Contract Documents. All Bonds shall be executed by such sureties as are named in the current list of "Companies Holding Certifi- cates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . The Bidder shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the Successful Bidder shall for all Bonds, provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308 . The Surety shall also meet the requirements of paragraphs 5 .01 and 5.02 of the General Conditions. 8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited . The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned . 8 .03 Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening . ARTICLE 9 - CONTRACT TIMES 9 .01 The number of calendar days within which , or the dates by which , the Work is to be completed and ready for final payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10 .01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL " ITEMS 11 .01 The Contract, if awarded , will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" 00200-5 F.IEngineeringlCapital Projects10701 IRC PARKS COMPLEXIAddendmuslIRC Parks Maintenance Complex Addendum #I. due ,� gIVEk Indian River County Q• �O Purchasing Division 4 z 1800 271h Street Vero Beach, FL 32960 �LpR1��' Phone (772) 226-1418 Fax (772) 770-5140 ADDENDUM NO . 2 Date: May 5, 2009 Project Name: INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No. : 2009043 Project No. : 0701 Bid Opening Date: THE BID OPENING DATE IS CHANGED TO WEDNESDAY, MAY 274 2009 AT 2 : 00 P.M. Please note this is a change from the previous bid opening date of May 20, 2009 . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the 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 calendar 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. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. - 1 — F:IEngineeriiglCapital ProjectslO7O1 IRC PARKS COMPLEXIAddendumsIIRC Parks Maintenance Complex Addendum #1.doc ,� gIVEk Indian River County Q• �O Purchasing Division 4 z 1800 271h Street Vero Beach, FL 32960 �LpR1��' Phone (772) 226-1418 Fax (772) 770-5140 ADDENDUM NO . 2 Date: May 5, 2009 Project Name: INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No. : 2009043 Project No. : 0701 Bid Opening Date: THE BID OPENING DATE IS CHANGED TO WEDNESDAY, MAY 274 2009 AT 2 : 00 P.M. Please note this is a change from the previous bid opening date of May 20, 2009 . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents. All questions about the meaning or intent of the Bidding Documents are to be submitted to the 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 calendar 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. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. - 1 — F:IEngineeriiglCapital ProjectslO7O1 IRC PARKS COMPLEXIAddendumsIIRC Parks Maintenance Complex Addendum #1.doc Plan Revisions : Item #1 : Overhead Sectional Doors: All overhead section doors shall be galvanized steel, delivered with a manufacturer' s finished paint on the interior and exterior faces. Size of doors are standard throughout at 12 ' -0" wide x 10 '-0" high. Disregard wall sections A/A-2, A/A-3 , and B/A10 that depict 12 ' high doors, and the building elevations that depict 12 ' high doors. On door schedules, Sheet A-4, disregard all powder coating requirements. Item #2 : Specification section 08360: Sectional Overhead Doors — See revised Specifications Section 08362 : Sectional Overhead Doors- Galvanized Steel. Entire section is attached. Item #3 : Sheet A-4 Door Schedules : Disregard all reference to powder coating of doors # 1 , 2, 3 at Maintenance Building and doors # 1 thru 9 at Storage Bay Building. Provide 2 coats roller applied paint per specification division 09900 ( 1 . 13)(c), over one coat of a field applied primer per same specification division, on doors and frames . Item #4 : Refrigerator at Administration Building: Delete this appliance. It will be supplied and installed by Owner. Contractor to provide power and ice maker line per plans . Note : Base cabinet rough opening to wall may have to be enlarged. Bid cabinet uppers and lowers as drawn. Architect will revise cabinet elevation A- 1 (D) during shop drawing submittal phase. Item #5 : Ceiling Insulation (Note for Clarification) : Make special reference to sheet A- 10. The Administration Building has a specific assembly detailed per section A/A- 10. The other two buildings utilize vinyl faced fiberglass batt insulation. Item #6 : Windows (Note for Clarification) : The Administration Building exterior windows are a combination of impact glazing (at entry sidelites per schedule on sheet A-4) and non-impact with operable impact rated shutters (per elevations and schedule on Sheet A-4). On window schedule conference room window #4, change frame manufacturer to Arch or Kawneer. Refer to detail 11 /A- 11 for frame color and glazing options . Item #7 : Door Glass (Doors 6, 23 & 24) : Provide rated wire glass in lieu of firelite in these three (3) doors, as permitted by FBC 2004, Table 715 .4.3 . Item #8 : Generator Pad: The generator pad will be located per civil sheet C-2, within the secured compound fencing. Disregard pad location on sheets F- 1 and S-3 . Place generator on concrete pad so radiator discharge drafts to the west. Pad shall be 10 'x18 ' , 3 ,000 psi concrete, 9 1 /4" thick, reinforced with #4 bars at 18" o/c each direction. See also Generator Pad Detail on Sheet E-6 for subgrade preparation and mounting requirements. Item #9 : Clarification on Details : Detail 4/A-3 is cut on sheet A-3 at the Storage Bay electrical room. Detail 1 /A-3 is cut on sheet A-3 at the typical separation walls in the Storage Bay Building. - 2 — F. Engineeringl Capital Projects10701 IRC PARKS COMPLEXIAddendumsllRC Parks Maintenance Complex Addendum #2.doc Plan Revisions : Item #1 : Overhead Sectional Doors: All overhead section doors shall be galvanized steel, delivered with a manufacturer' s finished paint on the interior and exterior faces. Size of doors are standard throughout at 12 ' -0" wide x 10 '-0" high. Disregard wall sections A/A-2, A/A-3 , and B/A10 that depict 12 ' high doors, and the building elevations that depict 12 ' high doors. On door schedules, Sheet A-4, disregard all powder coating requirements. Item #2 : Specification section 08360: Sectional Overhead Doors — See revised Specifications Section 08362 : Sectional Overhead Doors- Galvanized Steel. Entire section is attached. Item #3 : Sheet A-4 Door Schedules : Disregard all reference to powder coating of doors # 1 , 2, 3 at Maintenance Building and doors # 1 thru 9 at Storage Bay Building. Provide 2 coats roller applied paint per specification division 09900 ( 1 . 13)(c), over one coat of a field applied primer per same specification division, on doors and frames . Item #4 : Refrigerator at Administration Building: Delete this appliance. It will be supplied and installed by Owner. Contractor to provide power and ice maker line per plans . Note : Base cabinet rough opening to wall may have to be enlarged. Bid cabinet uppers and lowers as drawn. Architect will revise cabinet elevation A- 1 (D) during shop drawing submittal phase. Item #5 : Ceiling Insulation (Note for Clarification) : Make special reference to sheet A- 10. The Administration Building has a specific assembly detailed per section A/A- 10. The other two buildings utilize vinyl faced fiberglass batt insulation. Item #6 : Windows (Note for Clarification) : The Administration Building exterior windows are a combination of impact glazing (at entry sidelites per schedule on sheet A-4) and non-impact with operable impact rated shutters (per elevations and schedule on Sheet A-4). On window schedule conference room window #4, change frame manufacturer to Arch or Kawneer. Refer to detail 11 /A- 11 for frame color and glazing options . Item #7 : Door Glass (Doors 6, 23 & 24) : Provide rated wire glass in lieu of firelite in these three (3) doors, as permitted by FBC 2004, Table 715 .4.3 . Item #8 : Generator Pad: The generator pad will be located per civil sheet C-2, within the secured compound fencing. Disregard pad location on sheets F- 1 and S-3 . Place generator on concrete pad so radiator discharge drafts to the west. Pad shall be 10 'x18 ' , 3 ,000 psi concrete, 9 1 /4" thick, reinforced with #4 bars at 18" o/c each direction. See also Generator Pad Detail on Sheet E-6 for subgrade preparation and mounting requirements. Item #9 : Clarification on Details : Detail 4/A-3 is cut on sheet A-3 at the Storage Bay electrical room. Detail 1 /A-3 is cut on sheet A-3 at the typical separation walls in the Storage Bay Building. - 2 — F. Engineeringl Capital Projects10701 IRC PARKS COMPLEXIAddendumsllRC Parks Maintenance Complex Addendum #2.doc Item #10: Draftstopping at Administration Building: Is located on Sheet LS- 1 per wall rating legend as a "Long dash, dot, long dash". Draftstopping material is '/x" drywall applied to 3 5/8", 25 gauge steel studs at 24" o/c extended from top of wall partitions to underside of deck. Wall shall be taped and mudded. Item #11 : Door Schedule Sheet A-4 : Doors #6 & #7 require 45 minute rating on doors and frames to comply with Life Safety requirements . Specifications section 08710, headings #6 and #5 are correct. Item #12 : Air Compressor: (Note for Clarification) : 220V, 5 horse power, 175psi , vertical tank, unit is to be located in the mechanic bay per Sheet A-2. Sheets E-4 & E-7 denote the power circuit and panel MB- 12 : 14. Sheet P-3 denotes airline piping routing and condensate thru-wall drain location. Sheet P-4 denotes air-line piping routing and the isometric drawing of a typical air drop . Item #13 : Sheet A- 14 (Note for Clarification): Elevations A/A- 14 and B/A- 14 are "Women" not men and elevation C/A- 14 is men, not women. Item #14: Bath Accessories (Note for Clarification) : All fixed mirrors shall be 18" x 30" per specification section 10800, (2 .08)(A) in lieu of sizes depicted on drawings . Add one additional mirror over the "Men' s" sink in Administration Building. Toilet room elevation B/A- 1 on sheet A- 1 is incorrect at the dimension of the toilet paper dispenser. The 36" dimension is to the far edge of the dispenser, NOT to the centerline. Sheet ACC is correct, and this is a maximum dimension. Provide a single heavy duty clothes hook in the men and women shower rooms on the frame wall that separates the two rooms. Hook as specified with backing in specification section 10800, 2 .09, and mounted at 48" max A.F.F . for accessibility compliance. Provide a shelf with mop and broom holder in Mechanical Room #2 above the mop sink S-3 . Unit per specification section 10800, 2 . 10. No diaper changing stations are required for this project. Item #15 : Women ' s Shower Room Shower: Shall be the same wall and pan detail as 2/A- 14. Cultured marble wall panels to 8 ' -0" height. Item #16: Threshold Building: None of the three buildings in this complex requires Threshold Inspection Services. Criteria for this requirement are a) greater than 3 stories in height, b) greater than 50 ' in height, c) assembly occupancy classification over 5 ,000 square feet and 500 people. Item #17: Metal Roofing Clarification: The metal roofing on all three (3) buildings shall be Englert (or approved equal) Series S2500 Roofing, with 2" mechanically seamed, 180 degree seam, 24 gauge roofing with optional ribs, and 16" centers on seams. Englert Series 52500 meets UL and ASTM standards for structural roofing when applied directly over purlins. Refer to Specifications Section 07610 for acceptable manufacturers. Roofing assembly shall meet all requirements of the FBC 2004 for hurricane wind resistance in a coastal zone at 135 mph. (Note: This project is permitted under FBC 2004 with 2005 amendments, and interpolated wind speed of 135 mph) . Refer to sheet S- 1 for complete information. All clips, closures, and fasteners shall be as recommended by the manufacturer of the roofing assembly. Local Englert rep is Tom Blowers at 813-446-5303 . - 3 — F:IEngineeringlCapital Projects10701 IRC PARKS COMPLEXIAddendumsJACParks Maintenance Complex Addendum #2. doe Item #10: Draftstopping at Administration Building: Is located on Sheet LS- 1 per wall rating legend as a "Long dash, dot, long dash". Draftstopping material is '/x" drywall applied to 3 5/8", 25 gauge steel studs at 24" o/c extended from top of wall partitions to underside of deck. Wall shall be taped and mudded. Item #11 : Door Schedule Sheet A-4 : Doors #6 & #7 require 45 minute rating on doors and frames to comply with Life Safety requirements . Specifications section 08710, headings #6 and #5 are correct. Item #12 : Air Compressor: (Note for Clarification) : 220V, 5 horse power, 175psi , vertical tank, unit is to be located in the mechanic bay per Sheet A-2. Sheets E-4 & E-7 denote the power circuit and panel MB- 12 : 14. Sheet P-3 denotes airline piping routing and condensate thru-wall drain location. Sheet P-4 denotes air-line piping routing and the isometric drawing of a typical air drop . Item #13 : Sheet A- 14 (Note for Clarification): Elevations A/A- 14 and B/A- 14 are "Women" not men and elevation C/A- 14 is men, not women. Item #14: Bath Accessories (Note for Clarification) : All fixed mirrors shall be 18" x 30" per specification section 10800, (2 .08)(A) in lieu of sizes depicted on drawings . Add one additional mirror over the "Men' s" sink in Administration Building. Toilet room elevation B/A- 1 on sheet A- 1 is incorrect at the dimension of the toilet paper dispenser. The 36" dimension is to the far edge of the dispenser, NOT to the centerline. Sheet ACC is correct, and this is a maximum dimension. Provide a single heavy duty clothes hook in the men and women shower rooms on the frame wall that separates the two rooms. Hook as specified with backing in specification section 10800, 2 .09, and mounted at 48" max A.F.F . for accessibility compliance. Provide a shelf with mop and broom holder in Mechanical Room #2 above the mop sink S-3 . Unit per specification section 10800, 2 . 10. No diaper changing stations are required for this project. Item #15 : Women ' s Shower Room Shower: Shall be the same wall and pan detail as 2/A- 14. Cultured marble wall panels to 8 ' -0" height. Item #16: Threshold Building: None of the three buildings in this complex requires Threshold Inspection Services. Criteria for this requirement are a) greater than 3 stories in height, b) greater than 50 ' in height, c) assembly occupancy classification over 5 ,000 square feet and 500 people. Item #17: Metal Roofing Clarification: The metal roofing on all three (3) buildings shall be Englert (or approved equal) Series S2500 Roofing, with 2" mechanically seamed, 180 degree seam, 24 gauge roofing with optional ribs, and 16" centers on seams. Englert Series 52500 meets UL and ASTM standards for structural roofing when applied directly over purlins. Refer to Specifications Section 07610 for acceptable manufacturers. Roofing assembly shall meet all requirements of the FBC 2004 for hurricane wind resistance in a coastal zone at 135 mph. (Note: This project is permitted under FBC 2004 with 2005 amendments, and interpolated wind speed of 135 mph) . Refer to sheet S- 1 for complete information. All clips, closures, and fasteners shall be as recommended by the manufacturer of the roofing assembly. Local Englert rep is Tom Blowers at 813-446-5303 . - 3 — F:IEngineeringlCapital Projects10701 IRC PARKS COMPLEXIAddendumsJACParks Maintenance Complex Addendum #2. doe Itent #18: Specification Section 13122 : Metal Building System Article 2 .02 (C)(D) Delete the statement "All roof panels must meet FBC 2003 required impact ratings". Also at 2 .02(D) wall panels shall be 24 gauge. Article 2 .04, (A) 1 , 2, 3 — delete in its entirety. Article 2.04, (B) 1 & 2 — delete in its entirety. Article 2. 04 Panel Length (change to "C" in lieu of `B ") and item 1 to remain. Article 2 . 06 (A) & (B) to be deleted in their entirety. Item #19 : Painting of Steel Building Components : Specification 09900 requires field painting of the metal building system main columns, beams, base plates and through bolts overlaying the manufacturer' s shop primer. This will apply in the Maintenance and Storage Buildings only and does not apply to wall girts or roof purlins. Item #20: Metal Siding & Soffit Panels: Located on the Maintenance and Storage Buildings shall be Englert Model A4000, 12" W x 1 '/z" H, 24 gauge, with optional ribs. This is a flush panel to be used on the walls, soffits at overhangs and ceiling of break area. This panel has concealed fasteners. Utilize a Kynar 500 coated galvalume panel, color EM-330 Everglade Moss. Item #21 : Exterior Building Colors : Change color �Rto Sherwin Williams "Dovetail" (SW 7018), in lieu of Dorian Gray (SW 7017). Paint 18" H x 7 ' -8 " stucco panel behind the Administration Building house numbers 6) inlieu of` . Item #22 : Operable Aluminum Shutters : Style to be "Tongue and Groove" as manufactured by "Florida Shutters", Ph. (772) 569-2200. Toll free (800) 741 -2202 . Color — powder coated RAL 6013 , to match roofing color. Item #23 : Aluminum Walkway Covers: Revise Specifications Section 10531 , 1 .03 (B) to read " 135 mph wind", in lieu of 100 mph wind. Color of walkways to match Sherwin Williams paint: Alabaster (SW 7008), using a baked enamel or ESP coating system. Item #24: Roof Slopes at Maintenance & Storage Buildings: Shall be I " in 12" in lieu of 1 '/2" in 12" as denoted on Sections A/A-2, A/A-3 , & Elevations on Sheet A-8 . Roof slope at Administration Building is 4" in 12" per plans and sections . Item #25: Gutters and Downspouts: Color of gutters and downspouts to be manufacturer's standard ESP white in lieu of color specified in Spec Section 07710, 1 . 01 , (B). Item #26 : Specifications Section 16715 Voice and Data Cabling: A new revised and renumbered Section 16750 has been provided with this Addendum. The Table of Contents has been modified to add this section. All Voice and Data Cabling shall be by the General Contractor as located on the plans. The final "crossover" from the Phone Company lines to the Owner supplied private telephone equipment system shall be provided by the Owner. Item #27: Specification Section 10440 — Specialty Signs : Under "Administration Building" the aluminum house numbers shall be "5500" (in lieu of the incorrect address of 5450 depicted on Sheet A-5). Provide 8" high numbers in lieu of 12" high numbers. Numbers supplied by Metallic Arts or - 4 — F. lEngineeringICapitalProjects10701 IRC PARKS COMPLEXIAddendumsLrRC Parks Maintenance Complex Addendum #1.doe Itent #18: Specification Section 13122 : Metal Building System Article 2 .02 (C)(D) Delete the statement "All roof panels must meet FBC 2003 required impact ratings". Also at 2 .02(D) wall panels shall be 24 gauge. Article 2 .04, (A) 1 , 2, 3 — delete in its entirety. Article 2.04, (B) 1 & 2 — delete in its entirety. Article 2. 04 Panel Length (change to "C" in lieu of `B ") and item 1 to remain. Article 2 . 06 (A) & (B) to be deleted in their entirety. Item #19 : Painting of Steel Building Components : Specification 09900 requires field painting of the metal building system main columns, beams, base plates and through bolts overlaying the manufacturer' s shop primer. This will apply in the Maintenance and Storage Buildings only and does not apply to wall girts or roof purlins. Item #20: Metal Siding & Soffit Panels: Located on the Maintenance and Storage Buildings shall be Englert Model A4000, 12" W x 1 '/z" H, 24 gauge, with optional ribs. This is a flush panel to be used on the walls, soffits at overhangs and ceiling of break area. This panel has concealed fasteners. Utilize a Kynar 500 coated galvalume panel, color EM-330 Everglade Moss. Item #21 : Exterior Building Colors : Change color �Rto Sherwin Williams "Dovetail" (SW 7018), in lieu of Dorian Gray (SW 7017). Paint 18" H x 7 ' -8 " stucco panel behind the Administration Building house numbers 6) inlieu of` . Item #22 : Operable Aluminum Shutters : Style to be "Tongue and Groove" as manufactured by "Florida Shutters", Ph. (772) 569-2200. Toll free (800) 741 -2202 . Color — powder coated RAL 6013 , to match roofing color. Item #23 : Aluminum Walkway Covers: Revise Specifications Section 10531 , 1 .03 (B) to read " 135 mph wind", in lieu of 100 mph wind. Color of walkways to match Sherwin Williams paint: Alabaster (SW 7008), using a baked enamel or ESP coating system. Item #24: Roof Slopes at Maintenance & Storage Buildings: Shall be I " in 12" in lieu of 1 '/2" in 12" as denoted on Sections A/A-2, A/A-3 , & Elevations on Sheet A-8 . Roof slope at Administration Building is 4" in 12" per plans and sections . Item #25: Gutters and Downspouts: Color of gutters and downspouts to be manufacturer's standard ESP white in lieu of color specified in Spec Section 07710, 1 . 01 , (B). Item #26 : Specifications Section 16715 Voice and Data Cabling: A new revised and renumbered Section 16750 has been provided with this Addendum. The Table of Contents has been modified to add this section. All Voice and Data Cabling shall be by the General Contractor as located on the plans. The final "crossover" from the Phone Company lines to the Owner supplied private telephone equipment system shall be provided by the Owner. Item #27: Specification Section 10440 — Specialty Signs : Under "Administration Building" the aluminum house numbers shall be "5500" (in lieu of the incorrect address of 5450 depicted on Sheet A-5). Provide 8" high numbers in lieu of 12" high numbers. Numbers supplied by Metallic Arts or - 4 — F. lEngineeringICapitalProjects10701 IRC PARKS COMPLEXIAddendumsLrRC Parks Maintenance Complex Addendum #1.doe equal, Style- cast satin finish aluminum, Font- Univers 67, Mount- Projected Spacer Mount- PSM. Note : The Sign Schedule on page 10440-5 has the Storage Bay and Maintenance Building labeled in reverse. A corrected page 10440-5 is herewith provided as revised 27 April 2009. Item #28 : Specifications Section 13122 : Article 2. 09 (C) Note : No metal or steel members on this project require spray on fire protection. Item #29 : Specifications Section 05030- Page 05030- 1 has been replaced with the (Revised 27 April 2009) sheet attached. Item #30 : Table of Contents : A revised page of the Table of Contents with Divisions 4 through 9 is attached to replace the original page issued. A revised page of the Table of Contents (Sections 16120 through 16965) is attached to replace the original page issued (Sections 16120 through 16511 ). Item #31 : Specification Section 07160-Underslab Vapor Retarder: Under Article 2 .01 , Manufacturer; An approved additional Manufacturer is "Viper" Products. Model VaporCheck II, 15-mil Under Slab Vapor Barrier, meeting ASTM E 1745 , Class-A, installed in strict compliance with manufacturer' s instructions. Representative is www.insulationsolutions .com. Item #32 : Location of Power Transformer: The serving electric utility has yet to establish a transformer location. Given there is an overhead line across the front of the building and it is to remain, an overhead transformer bank with a riser and service lateral to the meter socket would be the most economical choice for the office and maintenance buildings. This will be our recommendation to the Utility Company. Due to distance, and no need for three phase service, the storage bay building has it' s own service. The design assumes that a single phase padmounted transformer would be set 4 foot away from the existing meter socket location on the south wall of the building. Two (2) concrete filled, 6 inch diameter, steel protection posts with high visibility yellow vinyl covers will be required. The footprint of the contractor supplied transformer pad is 4 ' X 4 ' X 4 inches thick, reinforced with frbermesh. Alternatively, if the service-lateral would be less than 300 feet in length, an overhead transformer on a pole line would suffice. For bidding purposes utilize the transformer pad option. Item #33 : Specification for Fire Detection and Alarm System: Section 16965- See attached specification section that applies to this project. Item #34 : Generator Transfer Switch : The MTS is a manual Transfer Switch and shall be 2 Pole in lieu of the 3 Pole as shown on the plans Sheet E-6, Building Riser Diagram. A 60kw Generator Set shall be installed by the Contractor. Item #35: Electrical Conduit: Conduits approved for use on this project are specified in Notes 12, 13 , and 14 of Sheet E- 1 . MC Cable shall only be used in locations where it is readily replaceable. This condition shall exclude it' s use in the Administration Building, where the replacement of MC cable would disrupt operations and/or require restoration work. - 5 — F:IEngineeringl Capital Projectsl0701 IRCPARXS COMPLEXIAddendums1IRC Parks Maintenance Complex Addendum #1.doc equal, Style- cast satin finish aluminum, Font- Univers 67, Mount- Projected Spacer Mount- PSM. Note : The Sign Schedule on page 10440-5 has the Storage Bay and Maintenance Building labeled in reverse. A corrected page 10440-5 is herewith provided as revised 27 April 2009. Item #28 : Specifications Section 13122 : Article 2. 09 (C) Note : No metal or steel members on this project require spray on fire protection. Item #29 : Specifications Section 05030- Page 05030- 1 has been replaced with the (Revised 27 April 2009) sheet attached. Item #30 : Table of Contents : A revised page of the Table of Contents with Divisions 4 through 9 is attached to replace the original page issued. A revised page of the Table of Contents (Sections 16120 through 16965) is attached to replace the original page issued (Sections 16120 through 16511 ). Item #31 : Specification Section 07160-Underslab Vapor Retarder: Under Article 2 .01 , Manufacturer; An approved additional Manufacturer is "Viper" Products. Model VaporCheck II, 15-mil Under Slab Vapor Barrier, meeting ASTM E 1745 , Class-A, installed in strict compliance with manufacturer' s instructions. Representative is www.insulationsolutions .com. Item #32 : Location of Power Transformer: The serving electric utility has yet to establish a transformer location. Given there is an overhead line across the front of the building and it is to remain, an overhead transformer bank with a riser and service lateral to the meter socket would be the most economical choice for the office and maintenance buildings. This will be our recommendation to the Utility Company. Due to distance, and no need for three phase service, the storage bay building has it' s own service. The design assumes that a single phase padmounted transformer would be set 4 foot away from the existing meter socket location on the south wall of the building. Two (2) concrete filled, 6 inch diameter, steel protection posts with high visibility yellow vinyl covers will be required. The footprint of the contractor supplied transformer pad is 4 ' X 4 ' X 4 inches thick, reinforced with frbermesh. Alternatively, if the service-lateral would be less than 300 feet in length, an overhead transformer on a pole line would suffice. For bidding purposes utilize the transformer pad option. Item #33 : Specification for Fire Detection and Alarm System: Section 16965- See attached specification section that applies to this project. Item #34 : Generator Transfer Switch : The MTS is a manual Transfer Switch and shall be 2 Pole in lieu of the 3 Pole as shown on the plans Sheet E-6, Building Riser Diagram. A 60kw Generator Set shall be installed by the Contractor. Item #35: Electrical Conduit: Conduits approved for use on this project are specified in Notes 12, 13 , and 14 of Sheet E- 1 . MC Cable shall only be used in locations where it is readily replaceable. This condition shall exclude it' s use in the Administration Building, where the replacement of MC cable would disrupt operations and/or require restoration work. - 5 — F:IEngineeringl Capital Projectsl0701 IRCPARXS COMPLEXIAddendums1IRC Parks Maintenance Complex Addendum #1.doc Item #36: Lighting Fixture `B" - Note for Clarification: This fixture is used in all three buildings. Per the Light Fixture Schedule on Sheet E-7, this fixture is chain suspended in the Administration Building and Wall Mounted in the Maintenance and Storage Bays . Item #37: Phone Service Feed: The exact location of the phone service feed has yet to be determined. For purposes of the bid, provide two (2), 2 inch Schedule 40 conduits from the power pole located just east of the west exit to the north wall of the Administration Building and roughed into the Electric/Phone room terminated and dust capped below the phone board. Item #38: Generator Day Tank: If the tank and piping contractor can assure the operation of the generator being directly fed from the main 550 gallon tank, with adequate fuel draw from the generator fuel pump, then the day tank can be eliminated. Location of the generator and fuel tank shall be per the Civil Plan in lieu of Sheet F- 1 location. Item #39: Metal Building Manufacturer: One additional approved metal building manufacturer that meets the requirements of Specification Section 13122 and membership in the MBMA is 1 ) Nucor Building Systems Group. Item #40 : Fire Sprinklers : No Fire Sprinklers are required for these three buildings. Item #41 : Sheet A- 14 Detail 7/A- 14: This detail refers you to Sheet A- 12 which is incorrect. The reference should be on Sheet A- 14 and is a section through the storage cabinet per E/A- 14. This shelf unit is located in the Administration Building at the closet by the northeast exit door. Item #42 : Specifications Section 09655 — Vinyl Transition Moulding: This section is attached. It appears on the Table of Contents but was not included with the original issue documents. Item #43 : Painting Clarification: Section 09900, page 7, item P . "Armourcoat Duturo" is only required "when scheduled on the Finish Schedule". Since it is not called out on the Finish Schedule, none is required. Utilize standard Eggshell finish as called out in 1 . 13 , item B, Interior Drywall. Item #44: Temporary Chain Link Fencing: per specifications section 1500, 2 . 13 . Temporary fencing is not shown on any site plans or building plans . Sheet C-2 depicts permanent fencing per specifications section 02821 . To satisfy the Bid Schedule lump sum amount for temporary construction fencing, use 1 ,320 linear feet of temporary construction fencing including two (2) twelve foot clear width lockable gates. Location of fencing and gates to be submitted to the Owner and Architect for approval, prior to placement. Item #45 : Finish Selections for Floor and Walls in Administrative and Storage Bay Buildings : The following shall be provided- Wall Ceramic Tile shall be Dal Tile, or equal, 4" X 4" Matte Urban Putty 0761 with cove tile base and bullnose tile at top of wainscot. Wall grout to be Laticrete, or equal, 44 bright white. Floor Porcelain Tile in Hallways ( 19), (20), Reception Area ( 1 ), Breakroom (4), File Storage Room ( 16), and Exit Corridor (22) shall be Crossville Ceramics, or equal, 12" X 12", mountain stone series AV31 , cascade. Floor tile grout Laticrete, or equal, color 40 Latte. Floor Porcelain Tile in all bathrooms, toilet rooms and dressing rooms shall be Dal Tile, or equal, 12" X 12" Continental Slate Porcelain, Brazilian Green CS52. Floor tile grout Laticrete, or equal , color 35 mocha. All floor tile to be 90 degree to walls installation. - 6 — F:IEngineeringl Capital Projects10701 IRC PARKS COMPLEXIAddendumsURC Parks Maintenance Complex Addendum #ddoc Item #36: Lighting Fixture `B" - Note for Clarification: This fixture is used in all three buildings. Per the Light Fixture Schedule on Sheet E-7, this fixture is chain suspended in the Administration Building and Wall Mounted in the Maintenance and Storage Bays . Item #37: Phone Service Feed: The exact location of the phone service feed has yet to be determined. For purposes of the bid, provide two (2), 2 inch Schedule 40 conduits from the power pole located just east of the west exit to the north wall of the Administration Building and roughed into the Electric/Phone room terminated and dust capped below the phone board. Item #38: Generator Day Tank: If the tank and piping contractor can assure the operation of the generator being directly fed from the main 550 gallon tank, with adequate fuel draw from the generator fuel pump, then the day tank can be eliminated. Location of the generator and fuel tank shall be per the Civil Plan in lieu of Sheet F- 1 location. Item #39: Metal Building Manufacturer: One additional approved metal building manufacturer that meets the requirements of Specification Section 13122 and membership in the MBMA is 1 ) Nucor Building Systems Group. Item #40 : Fire Sprinklers : No Fire Sprinklers are required for these three buildings. Item #41 : Sheet A- 14 Detail 7/A- 14: This detail refers you to Sheet A- 12 which is incorrect. The reference should be on Sheet A- 14 and is a section through the storage cabinet per E/A- 14. This shelf unit is located in the Administration Building at the closet by the northeast exit door. Item #42 : Specifications Section 09655 — Vinyl Transition Moulding: This section is attached. It appears on the Table of Contents but was not included with the original issue documents. Item #43 : Painting Clarification: Section 09900, page 7, item P . "Armourcoat Duturo" is only required "when scheduled on the Finish Schedule". Since it is not called out on the Finish Schedule, none is required. Utilize standard Eggshell finish as called out in 1 . 13 , item B, Interior Drywall. Item #44: Temporary Chain Link Fencing: per specifications section 1500, 2 . 13 . Temporary fencing is not shown on any site plans or building plans . Sheet C-2 depicts permanent fencing per specifications section 02821 . To satisfy the Bid Schedule lump sum amount for temporary construction fencing, use 1 ,320 linear feet of temporary construction fencing including two (2) twelve foot clear width lockable gates. Location of fencing and gates to be submitted to the Owner and Architect for approval, prior to placement. Item #45 : Finish Selections for Floor and Walls in Administrative and Storage Bay Buildings : The following shall be provided- Wall Ceramic Tile shall be Dal Tile, or equal, 4" X 4" Matte Urban Putty 0761 with cove tile base and bullnose tile at top of wainscot. Wall grout to be Laticrete, or equal, 44 bright white. Floor Porcelain Tile in Hallways ( 19), (20), Reception Area ( 1 ), Breakroom (4), File Storage Room ( 16), and Exit Corridor (22) shall be Crossville Ceramics, or equal, 12" X 12", mountain stone series AV31 , cascade. Floor tile grout Laticrete, or equal, color 40 Latte. Floor Porcelain Tile in all bathrooms, toilet rooms and dressing rooms shall be Dal Tile, or equal, 12" X 12" Continental Slate Porcelain, Brazilian Green CS52. Floor tile grout Laticrete, or equal , color 35 mocha. All floor tile to be 90 degree to walls installation. - 6 — F:IEngineeringl Capital Projects10701 IRC PARKS COMPLEXIAddendumsURC Parks Maintenance Complex Addendum #ddoc Corner Guards shall be 40" high as manufactured by Acrovyn, or equal, SSM- 10/20 color 920 almond. Carpet shall be manufactured by Shaw, or equal, style Reflections III, color 58310 Botanical View, pattern loop, 64% yam dyed, 36% solution dyed, primary backing synthetic, secondary backing ActionBac, 10 .0 stitches per inch, production yarn weight 26.0 oz/sq yd, 10 year limited warranty, glue down with manufacturer' s approved adhesives, no pad. Adhere to this spec in lieu of Section 09680, 1 .06, B . Vinyl Base style and color per Sheet A-4 finish schedule notes and in roll stock only. Provide black vinyl transition strips where tile and carpet abut in open areas. At door openings provide a 3 " deep aluminum saddle to conceal the carpet to tile joint. Item #46 : Specification Section 16750 : Article 3 . 1 , (B), shall utilize UTP Category 5 cable . Delete the number [3 ] . Item #47: Painting Clarification: Section 09900, page 7, item P . "Armourcoat Duturo" is only required "when scheduled on the Finish Schedule". Since it is not called out on the Finish Schedule, none is required. Utilize standard Eggshell finish as called out in 1 . 13 , item B, Interior Drywall. Item #48 : Temporary Chain Link Fencing : per specifications section 1500, 2 . 13 . Temporary fencing is not shown on any site plans or building plans. Sheet C-2 depicts permanent fencing per specifications section 02821 . To satisfy the Bid Schedule lump sum amount for temporary construction fencing, use 1 ,320 linear feet of temporary construction fencing including two (2) twelve foot clear width lockable gates. Location of fencing and gates to be submitted to the Owner and Architect for approval, prior to placement. Item #49 : Finish Selections for Floor and Walls in Administrative and Storage Bay Buildings: The following shall be provided- Wall Ceramic Tile shall be Dal Tile, or equal , 4" X 4" Matte Urban Putty 0761 with cove tile base and bullnose tile at top of wainscot. Wall grout to be Laticrete, or equal, 44 bright white. Floor Porcelain Tile in Hallways ( 19), (20), Reception Area ( 1 ), Breakroom (4), File Storage Room ( 16), and Exit Corridor (22) shall be Crossville Ceramics, or equal, 12" X 12", mountain stone series AV31 , cascade. Floor tile grout Laticrete, or equal, color 40 Latte. Floor Porcelain Tile in all bathrooms, toilet rooms and dressing rooms shall be Dal Tile, or equal, 12" X 12" Continental Slate Porcelain, Brazilian Green CS52 . Floor tile grout Laticrete, or equal, color 35 mocha. All floor tile to be 90 degree to walls installation. Corner Guards shall be 40" high as manufactured by Acrovyn, or equal , SSM- 10/20 color 920 almond. Carpet shall be manufactured by Shaw, or equal, style Reflections III, color 58310 Botanical View, pattern loop, 64% yarn dyed, 36% solution dyed, primary backing synthetic, secondary backing ActionBac, 10.0 stitches per inch, production yam weight 26.0 oz/sq yd, 10 year limited warranty, glue down with manufacturer' s approved adhesives, no pad. Adhere to this spec in lieu of Section 09680, 1 .06, B . Vinyl Base style and color per Sheet A-4 finish schedule notes and in roll stock only. Provide black vinyl transition strips where tile and carpet abut in open areas. At door openings provide a 3" deep aluminum saddle to conceal the carpet to tile joint. Item #50 : Specification Section 16750 : Article 3 . 1 , (B), shall utilize UTP Category 5 cable. Delete the number [3] . - 7 — F:IEngineeringiCapital Projects10701 IRC PARKS COMPLEXIAddendums1IRC Parks Maintenance Complex Addendum #2.doc Corner Guards shall be 40" high as manufactured by Acrovyn, or equal, SSM- 10/20 color 920 almond. Carpet shall be manufactured by Shaw, or equal, style Reflections III, color 58310 Botanical View, pattern loop, 64% yam dyed, 36% solution dyed, primary backing synthetic, secondary backing ActionBac, 10 .0 stitches per inch, production yarn weight 26.0 oz/sq yd, 10 year limited warranty, glue down with manufacturer' s approved adhesives, no pad. Adhere to this spec in lieu of Section 09680, 1 .06, B . Vinyl Base style and color per Sheet A-4 finish schedule notes and in roll stock only. Provide black vinyl transition strips where tile and carpet abut in open areas. At door openings provide a 3 " deep aluminum saddle to conceal the carpet to tile joint. Item #46 : Specification Section 16750 : Article 3 . 1 , (B), shall utilize UTP Category 5 cable . Delete the number [3 ] . Item #47: Painting Clarification: Section 09900, page 7, item P . "Armourcoat Duturo" is only required "when scheduled on the Finish Schedule". Since it is not called out on the Finish Schedule, none is required. Utilize standard Eggshell finish as called out in 1 . 13 , item B, Interior Drywall. Item #48 : Temporary Chain Link Fencing : per specifications section 1500, 2 . 13 . Temporary fencing is not shown on any site plans or building plans. Sheet C-2 depicts permanent fencing per specifications section 02821 . To satisfy the Bid Schedule lump sum amount for temporary construction fencing, use 1 ,320 linear feet of temporary construction fencing including two (2) twelve foot clear width lockable gates. Location of fencing and gates to be submitted to the Owner and Architect for approval, prior to placement. Item #49 : Finish Selections for Floor and Walls in Administrative and Storage Bay Buildings: The following shall be provided- Wall Ceramic Tile shall be Dal Tile, or equal , 4" X 4" Matte Urban Putty 0761 with cove tile base and bullnose tile at top of wainscot. Wall grout to be Laticrete, or equal, 44 bright white. Floor Porcelain Tile in Hallways ( 19), (20), Reception Area ( 1 ), Breakroom (4), File Storage Room ( 16), and Exit Corridor (22) shall be Crossville Ceramics, or equal, 12" X 12", mountain stone series AV31 , cascade. Floor tile grout Laticrete, or equal, color 40 Latte. Floor Porcelain Tile in all bathrooms, toilet rooms and dressing rooms shall be Dal Tile, or equal, 12" X 12" Continental Slate Porcelain, Brazilian Green CS52 . Floor tile grout Laticrete, or equal, color 35 mocha. All floor tile to be 90 degree to walls installation. Corner Guards shall be 40" high as manufactured by Acrovyn, or equal , SSM- 10/20 color 920 almond. Carpet shall be manufactured by Shaw, or equal, style Reflections III, color 58310 Botanical View, pattern loop, 64% yarn dyed, 36% solution dyed, primary backing synthetic, secondary backing ActionBac, 10.0 stitches per inch, production yam weight 26.0 oz/sq yd, 10 year limited warranty, glue down with manufacturer' s approved adhesives, no pad. Adhere to this spec in lieu of Section 09680, 1 .06, B . Vinyl Base style and color per Sheet A-4 finish schedule notes and in roll stock only. Provide black vinyl transition strips where tile and carpet abut in open areas. At door openings provide a 3" deep aluminum saddle to conceal the carpet to tile joint. Item #50 : Specification Section 16750 : Article 3 . 1 , (B), shall utilize UTP Category 5 cable. Delete the number [3] . - 7 — F:IEngineeringiCapital Projects10701 IRC PARKS COMPLEXIAddendums1IRC Parks Maintenance Complex Addendum #2.doc Item #51 : Control Joints: Note for clarification- The casing beads and control joints on all exterior walls and soffits shall be manufactured by Vinyl Corp, or equal, per the following schedule : 1 ) 5/8 " stucco - # 1558X for control joints at walls. Has removable zipp strip. 2) 3/J" stucco - # 1575X for control joint at soffits . Has removable zipp strip . 3 ) 5/8" stucco - #6658L Long Flange Casing Bead per section A/A- 10 slab to block. 4) WCJ- wall control joints are structural CMU joints that appear on all three buildings on Sheets S -2, S-3 , and S-5 , and per the detail of same on Sheet S- 1 . Item #52 : Birch Doors: shall be stain grade, natural birch, plain sliced. Item # 53 : Door Hardware Schedule: All locksets shall be per the hardware schedule as stipulated in 08700, 2 .02(A). Final keying shall be to Owner' s satisfaction. There is no "existing" lock system that needs to be keyed to match as called oilt in 08700,3 .01 ,(A) . Item #54: Materials Testing Clarification: The County will pay for the materials testing (soils, concrete, asphalt etc.) for the site work. All materials testing for the buildings shall be paid for by the contractor. Item #55: Taxes Clarification: The Contractor will be responsible for all taxes on the project. The County has the right, but not the obligation, to direct purchase any item in the amount of $25 ,000 or greater. Item #56 : Sheet L-2 : Delete Magnolia Grandflora and add Magnolia Virginiana. Delete Ulmus Americana and add Ulmus Americana Floridana. Item #57: Fences Clarification: The Generator Security Fence will not be required. The dumpster chain link gates should be included in the Dumpster Enclosure Bid Item #26 . Item #58 : Permits Clarification: The contractor will be responsible for the following permits (at a minimum) 1 . 3 IRC Building Permits $4,897. 30 + $300.00 (est.) 2. 1 NOI FDEP Permit $400 .00 (est. ) 3 . 1 IRC Well Abandonment Permit $25 .00 (est.) Item #59: Addendum # 1 Item#5 Clarification — No separate permit will be required for the emergency generator fuel storage tank and piping from the Indian River County Building Department. Item #60 : The project is to be bid in the itemized format included in the Project Documents . Item #61 : The last day for answering questions for this bid is extended to May 13 , 2009. - 8 — F.IEngineeringl Capita! Projects)0701 IRC PARKS COMPLEXIAddendums[IRC Parks Maintenance Complex Addendum #2.doc Item #51 : Control Joints: Note for clarification- The casing beads and control joints on all exterior walls and soffits shall be manufactured by Vinyl Corp, or equal, per the following schedule : 1 ) 5/8 " stucco - # 1558X for control joints at walls. Has removable zipp strip. 2) 3/J" stucco - # 1575X for control joint at soffits . Has removable zipp strip . 3 ) 5/8" stucco - #6658L Long Flange Casing Bead per section A/A- 10 slab to block. 4) WCJ- wall control joints are structural CMU joints that appear on all three buildings on Sheets S -2, S-3 , and S-5 , and per the detail of same on Sheet S- 1 . Item #52 : Birch Doors: shall be stain grade, natural birch, plain sliced. Item # 53 : Door Hardware Schedule: All locksets shall be per the hardware schedule as stipulated in 08700, 2 .02(A). Final keying shall be to Owner' s satisfaction. There is no "existing" lock system that needs to be keyed to match as called oilt in 08700,3 .01 ,(A) . Item #54: Materials Testing Clarification: The County will pay for the materials testing (soils, concrete, asphalt etc.) for the site work. All materials testing for the buildings shall be paid for by the contractor. Item #55: Taxes Clarification: The Contractor will be responsible for all taxes on the project. The County has the right, but not the obligation, to direct purchase any item in the amount of $25 ,000 or greater. Item #56 : Sheet L-2 : Delete Magnolia Grandflora and add Magnolia Virginiana. Delete Ulmus Americana and add Ulmus Americana Floridana. Item #57: Fences Clarification: The Generator Security Fence will not be required. The dumpster chain link gates should be included in the Dumpster Enclosure Bid Item #26 . Item #58 : Permits Clarification: The contractor will be responsible for the following permits (at a minimum) 1 . 3 IRC Building Permits $4,897. 30 + $300.00 (est.) 2. 1 NOI FDEP Permit $400 .00 (est. ) 3 . 1 IRC Well Abandonment Permit $25 .00 (est.) Item #59: Addendum # 1 Item#5 Clarification — No separate permit will be required for the emergency generator fuel storage tank and piping from the Indian River County Building Department. Item #60 : The project is to be bid in the itemized format included in the Project Documents . Item #61 : The last day for answering questions for this bid is extended to May 13 , 2009. - 8 — F.IEngineeringl Capita! Projects)0701 IRC PARKS COMPLEXIAddendums[IRC Parks Maintenance Complex Addendum #2.doc Attachments : Specification Appendix C Index Sheet Div 4 — Div 9 Specification Appendix C Index Sheet Section 16120 — 16965 Specification Appendix C Section 09655 — 2 Sheets Specification Appendix C Section 05030 — Sheet 05030 — 1 Specification Appendix C Section 10440 — Sheet 10440 — 5 Specification Appendix C Section 08362 — 4 Sheets Specification Appendix C Section 16750 Voice and Data Communication Cabling - 7 Sheets Specification Appendix C Section 16965 Fire Detection & Alarm System — 10 Sheets List of Attendees at April 29, 2009 Pre-Bid Meeting . Minutes of April 29, 2009 Pre-Bid Meeting Revised plans : None * * * * * * * * * * *This Addendum MUST be returned with your Bid* * * * * * * * * * * * * * ADDENDUM NO. 2 is issued by hristop . K Jr., , County Engineer And 00 Jerry s, Purchasing Manager BIDDER Company Name Name : Title: (Type / Printed) Authorized Signature: Date: Telephone : Fax : . 9 — F:IEngineeringlCapital Projects1070I IRC PARKS COMPLEXIAddendumstIRC Parks Maintenance Complex Addendum #2.doc Attachments : Specification Appendix C Index Sheet Div 4 — Div 9 Specification Appendix C Index Sheet Section 16120 — 16965 Specification Appendix C Section 09655 — 2 Sheets Specification Appendix C Section 05030 — Sheet 05030 — 1 Specification Appendix C Section 10440 — Sheet 10440 — 5 Specification Appendix C Section 08362 — 4 Sheets Specification Appendix C Section 16750 Voice and Data Communication Cabling - 7 Sheets Specification Appendix C Section 16965 Fire Detection & Alarm System — 10 Sheets List of Attendees at April 29, 2009 Pre-Bid Meeting . Minutes of April 29, 2009 Pre-Bid Meeting Revised plans : None * * * * * * * * * * *This Addendum MUST be returned with your Bid* * * * * * * * * * * * * * ADDENDUM NO. 2 is issued by hristop . K Jr., , County Engineer And 00 Jerry s, Purchasing Manager BIDDER Company Name Name : Title: (Type / Printed) Authorized Signature: Date: Telephone : Fax : . 9 — F:IEngineeringlCapital Projects1070I IRC PARKS COMPLEXIAddendumstIRC Parks Maintenance Complex Addendum #2.doc DIVISION 4, MASONRY Section 04230 - Reinforced Unit Masonry Section 04270 - Glass Unit Masonry DIVISION 5, METALS Section 05030 - Powdered Coating Section 05120 - Structural Steel Section 05400 - Lightgauge Metal Framing Section 05500 - Miscellaneous Metals DIVISION 6, CARPENTRY Section 06076 - Preservative Treatment Section 06100 - Rough Carpentry Section 06200 - Finish Carpentry DIVISION 7, THERMAL & MOISTURE PROTECTION Section 07160 - Underslab Vapor Retarder Section 07200 - Insulation Section 07610 - Metal Roof and Fascia Panels (Standing Seam) Section 07710 - Gutters and Downspouts Section 07900 - Joint Sealers DIVISION 8, DOORS, WINDOWS AND GLASS Section 08100 - Hollow Metal Doors & Frames Section 08200 - Wood Doors Section 08362 - Sectional Overhead Doors — Galvanized Steel Section 08400 - Entrance Storefront Doors Section 08410 - Flush Glazed Storefront Windows Section 08520 - Aluminum Windows Section 08700 - Finish Hardware Section 08710 - Finish Hardware Schedule Section 08800 - Glass and Glazing DIVISION 91 FINISHES Section 09100 - Lathing and Stucco Section 09230 - Cement Backing Board Section 09250 - Gypsum Drywall Section 09300 - Ceramic Tile Work Section 09510 - Lay in Panel Ceilings Section 09655 - Vinyl Transition Molding Section 09680 - Carpeting: Commercial Application Section 09900 - Painting (Page revised 30 April 2009) DIVISION 4, MASONRY Section 04230 - Reinforced Unit Masonry Section 04270 - Glass Unit Masonry DIVISION 5, METALS Section 05030 - Powdered Coating Section 05120 - Structural Steel Section 05400 - Lightgauge Metal Framing Section 05500 - Miscellaneous Metals DIVISION 6, CARPENTRY Section 06076 - Preservative Treatment Section 06100 - Rough Carpentry Section 06200 - Finish Carpentry DIVISION 7, THERMAL & MOISTURE PROTECTION Section 07160 - Underslab Vapor Retarder Section 07200 - Insulation Section 07610 - Metal Roof and Fascia Panels (Standing Seam) Section 07710 - Gutters and Downspouts Section 07900 - Joint Sealers DIVISION 8, DOORS, WINDOWS AND GLASS Section 08100 - Hollow Metal Doors & Frames Section 08200 - Wood Doors Section 08362 - Sectional Overhead Doors — Galvanized Steel Section 08400 - Entrance Storefront Doors Section 08410 - Flush Glazed Storefront Windows Section 08520 - Aluminum Windows Section 08700 - Finish Hardware Section 08710 - Finish Hardware Schedule Section 08800 - Glass and Glazing DIVISION 91 FINISHES Section 09100 - Lathing and Stucco Section 09230 - Cement Backing Board Section 09250 - Gypsum Drywall Section 09300 - Ceramic Tile Work Section 09510 - Lay in Panel Ceilings Section 09655 - Vinyl Transition Molding Section 09680 - Carpeting: Commercial Application Section 09900 - Painting (Page revised 30 April 2009) Section 16120 - Conductors and Cables Section 16130 - Raceways and Boxes Section 16140 - Wiring Devices Section 16145 - Lighting Control Devices Section 16231 - Packaged Engine Generators Section 16410 - Enclosed Switches and Circuit Breakers Section 16511 - Interior Lighting Section 16750 - Voice and Data Communication Cabling Section 16965 - Specification for Fire Detection and Alarm System C:050605VB3 .doo/paul (Page revised 30 April 2009) Section 16120 - Conductors and Cables Section 16130 - Raceways and Boxes Section 16140 - Wiring Devices Section 16145 - Lighting Control Devices Section 16231 - Packaged Engine Generators Section 16410 - Enclosed Switches and Circuit Breakers Section 16511 - Interior Lighting Section 16750 - Voice and Data Communication Cabling Section 16965 - Specification for Fire Detection and Alarm System C:050605VB3 .doo/paul (Page revised 30 April 2009) SECTION 09655 - VINYL TRANSITION MOLDING PART1 - GENERAL 1 .01 RELATED DOCUMENTS: The bidding and Contract Documents, General Requirements and Addenda as may be issued prior to bidding, shall govern the work under this section. 1 .02 DESCRIPTION: Provide vinyl transition strips wherever carpet abuts vinyl flooring systems, ceramic, quarry or porcelain flooring systems. Refer to the Interiors or Floor Plan Drawings to determine the actual model numbers specified and locations. 1 .03 QUALITY ASSURANCE: Acceptable Manufacturer: Select product of the following manufacturer or approved equals: TARKETT JOHNSONITE MERCER PRODUCTS COMPANY, INC. MACKLANBURG-DUNCAN FLEXCO COMPANY GENOTEK 1.04 SUBMITTALS : A. Literature: Submit manufacturers specifications and installation instructions for each type of material specified. B. Samples: Submit samples of all materials specified in this Section for approval and color selection. C. Maintenance Data: Furnish list of recommended maintenance methods and procedures. 1.05 PRODUCT HANDLING: Deliver and store on the site in original containers with seals unbroken and labels intact until time of use. 1.06 ENVIRONMENTAL REQUIREMENTS : Temperature of the rooms shall be 70 F. (21 C.) minimum for 24 hours prior to installation, during installation, and for 48 hours after installation. 09655-1 SECTION 09655 - VINYL TRANSITION MOLDING PART1 - GENERAL 1 .01 RELATED DOCUMENTS: The bidding and Contract Documents, General Requirements and Addenda as may be issued prior to bidding, shall govern the work under this section. 1 .02 DESCRIPTION: Provide vinyl transition strips wherever carpet abuts vinyl flooring systems, ceramic, quarry or porcelain flooring systems. Refer to the Interiors or Floor Plan Drawings to determine the actual model numbers specified and locations. 1 .03 QUALITY ASSURANCE: Acceptable Manufacturer: Select product of the following manufacturer or approved equals: TARKETT JOHNSONITE MERCER PRODUCTS COMPANY, INC. MACKLANBURG-DUNCAN FLEXCO COMPANY GENOTEK 1.04 SUBMITTALS : A. Literature: Submit manufacturers specifications and installation instructions for each type of material specified. B. Samples: Submit samples of all materials specified in this Section for approval and color selection. C. Maintenance Data: Furnish list of recommended maintenance methods and procedures. 1.05 PRODUCT HANDLING: Deliver and store on the site in original containers with seals unbroken and labels intact until time of use. 1.06 ENVIRONMENTAL REQUIREMENTS : Temperature of the rooms shall be 70 F. (21 C.) minimum for 24 hours prior to installation, during installation, and for 48 hours after installation. 09655-1 PART2 - PRODUCT 2.01 Shall consist of 100% first quality homopolymer vinyl accessories to act as an edge trim or transition between dissimilar flooring materials. All trim shall meet the requirements of the ADA sections 4.5 .2 (changes in level) and 4.5.3 (carpet-edge trim compliance). Colors shall be clear through as indicated on the Interior Drawings. PART 3 - INSTALLATION 3 .01 Pursuant to manufacturer's published instructions and RFCI "Recommended Work Procedures for Resilient Floor Coverings" . 3 .02 Lay materials true to line, level, and with tight butt and miter joints. 3 . 03 Installations shall be at interior spaces only. 3 . 04 Secure the base strips with manufacturer approved adhesives and remove all excess adhesives with approved thinners upon completion of installations. PART 4 - WARRANTY 4.01 Manufacturer' s full warranty shall apply. *** END OF SECTION * * * 09655-2 PART2 - PRODUCT 2.01 Shall consist of 100% first quality homopolymer vinyl accessories to act as an edge trim or transition between dissimilar flooring materials. All trim shall meet the requirements of the ADA sections 4.5 .2 (changes in level) and 4.5.3 (carpet-edge trim compliance). Colors shall be clear through as indicated on the Interior Drawings. PART 3 - INSTALLATION 3 .01 Pursuant to manufacturer's published instructions and RFCI "Recommended Work Procedures for Resilient Floor Coverings" . 3 .02 Lay materials true to line, level, and with tight butt and miter joints. 3 . 03 Installations shall be at interior spaces only. 3 . 04 Secure the base strips with manufacturer approved adhesives and remove all excess adhesives with approved thinners upon completion of installations. PART 4 - WARRANTY 4.01 Manufacturer' s full warranty shall apply. *** END OF SECTION * * * 09655-2 DIVISION 5. METAL SECTION 05030 - POWDERED COATINGS PART 1 - GENERAL 1 .01 SECTION INCLUDES A. Powdered coating applied to metal surfaces. 1 .02 RELATED SECTIONS A. Entrance Storefront Doors - Section 08400. B. Flush Glazed Storefront Windows - Section 08410. C. Aluminum Windows - Section 08520. D. Glazed Curtain Walls - Section 08900. E. Louvers And Vents - Section 10200. F. Sectional Overhead Doors: Aluminum - Section 08360, 1 .03 SUBMITTALS A. Properly identified product data. C. Manufacturer's frill range of custom colors, texture:and gloss. B. Manufacturer' s data sheet including cleaning recommendations. 1 .04 REFERENCES A. American Architectural Manufacturer's Association (AAMA) : 1 . AAMA 605 .2-90 - Voluntary Specification for High Performance Organic Coatings on Architectural Extrusions and Panels, with the following exceptions. a) Five year South Florida exposure test will be met effective March 1996. b) Due to environmental considerations acid chromate surface preparation is not used. B. American Society for Testing and Materials (ASTM) : 1 . ASTM D117-89 Guide to Test Methods and Specifications For Electrical Insulating Oils of Petroleum Origin. 2. ASTM D522-85 Test Method for Elongation of Attached Organic Coatings With Conical Mandrel Apparatus. 3 . ASTM D523-85 Test Method for Specular Gloss. 05030-1 (Revised 27 April 2009) DIVISION 5. METAL SECTION 05030 - POWDERED COATINGS PART 1 - GENERAL 1 .01 SECTION INCLUDES A. Powdered coating applied to metal surfaces. 1 .02 RELATED SECTIONS A. Entrance Storefront Doors - Section 08400. B. Flush Glazed Storefront Windows - Section 08410. C. Aluminum Windows - Section 08520. D. Glazed Curtain Walls - Section 08900. E. Louvers And Vents - Section 10200. F. Sectional Overhead Doors: Aluminum - Section 08360, 1 .03 SUBMITTALS A. Properly identified product data. C. Manufacturer's frill range of custom colors, texture:and gloss. B. Manufacturer' s data sheet including cleaning recommendations. 1 .04 REFERENCES A. American Architectural Manufacturer's Association (AAMA) : 1 . AAMA 605 .2-90 - Voluntary Specification for High Performance Organic Coatings on Architectural Extrusions and Panels, with the following exceptions. a) Five year South Florida exposure test will be met effective March 1996. b) Due to environmental considerations acid chromate surface preparation is not used. B. American Society for Testing and Materials (ASTM) : 1 . ASTM D117-89 Guide to Test Methods and Specifications For Electrical Insulating Oils of Petroleum Origin. 2. ASTM D522-85 Test Method for Elongation of Attached Organic Coatings With Conical Mandrel Apparatus. 3 . ASTM D523-85 Test Method for Specular Gloss. 05030-1 (Revised 27 April 2009) SPECIALTY SIGN SCHEDULE LOCATIONS AND DESCRIPTIONS: Indian River County Parks Maintenance Complex COUNT LOCATION (Three separate buildings in complex) Administration Buildine ( 14) Item # 1 Sign type "A" /STORAGE, MEETING ROOM, MEETING ROOM, CONFERENCE, OFFICE #19 OFFICE #29 OFFICE #3, ADMINISTRATION, FILE STORAGE, MECHANICAL RM., MEN, WOMEN, SHOWER, SHOWER. Secure to the wall at the latch side of the appropriate door. (3) Item #2 Sign type "D" / FIRE EXTINGUISHER - located above the wall mounted extinguisher as located on the plans. (4 ) Item #3 Sign type "G" (consists of two signs per count)- located on the wall at the latch side of the two doors that access the MEN & WOMEN vestibules and toilet rooms. Mount them side by side below the room description. (1 ) Item #4 Sign type "F" / ELECTRIC / PHONE RM: located on the wail at the latch side of the door that accesses the room. (1) Item #5 House Numbers- 5500, shall be: Style- 8" high cast aluminum, satin finish, Font- Univers 67, Mount- projected spacer mount-PSM. Maintenance Buildine NO SIGNAGE REQUIRED AT THIS BUILDING. Storaee Bay ( 1 ) Item # 1 Sign type "A" /ELECTRICAL RM Secure to the wall at the latch side of the appropriate door. 10440-5 (Revised 27 April 2009) SPECIALTY SIGN SCHEDULE LOCATIONS AND DESCRIPTIONS: Indian River County Parks Maintenance Complex COUNT LOCATION (Three separate buildings in complex) Administration Buildine ( 14) Item # 1 Sign type "A" /STORAGE, MEETING ROOM, MEETING ROOM, CONFERENCE, OFFICE #19 OFFICE #29 OFFICE #3, ADMINISTRATION, FILE STORAGE, MECHANICAL RM., MEN, WOMEN, SHOWER, SHOWER. Secure to the wall at the latch side of the appropriate door. (3) Item #2 Sign type "D" / FIRE EXTINGUISHER - located above the wall mounted extinguisher as located on the plans. (4 ) Item #3 Sign type "G" (consists of two signs per count)- located on the wall at the latch side of the two doors that access the MEN & WOMEN vestibules and toilet rooms. Mount them side by side below the room description. (1 ) Item #4 Sign type "F" / ELECTRIC / PHONE RM: located on the wail at the latch side of the door that accesses the room. (1) Item #5 House Numbers- 5500, shall be: Style- 8" high cast aluminum, satin finish, Font- Univers 67, Mount- projected spacer mount-PSM. Maintenance Buildine NO SIGNAGE REQUIRED AT THIS BUILDING. Storaee Bay ( 1 ) Item # 1 Sign type "A" /ELECTRICAL RM Secure to the wall at the latch side of the appropriate door. 10440-5 (Revised 27 April 2009) Y SECTION 08362 - SECTIONAL OVERHEAD DOORS - GALVANIZED STEEL PART 1 - GENERAL 1.01 QUALITY ASSURANCE A. Qualifications of Manufacturer: Products used in the work of this section shall be produced by a manufacturer regularly engaged in the fabrication of similar products and with a history of successful production acceptable to the Architect, such as those manufacturers listed below. B. All doors specified under this Section shall be guaranteed against defective materials, workmanship, and paint coatings for a period of 1 year following occupancy certificate. C. Installer: Installation of sectional doors shall be performed by the authorized representative of the manufacturer. D. Single-Source Responsibility: Provide doors, tracks, motors, and accessories from one manufacturer for each type of door. Provide secondary components from source acceptable to manufacturer of primary components. 1.02 DESCRIPTION OF WORK A. Work included: Provide and install all upward-acting sectional doors as scheduled and detailed in the construction documents and as specified herein. Related work: Preparation of opening, primed steel jambs, structural backing, miscellaneous iron work, electrical wiring, and glazing (if scheduled on the plans) are in the scope of work of other divisions or trades. 1.03 SUBMITTALS A. Product Data: Submit manufacturer's product data and installation instructions for each type of sectional door. Include both published data and specific data prepared for this project. B. Shop Drawings: Submit shop drawings for approval prior to fabrication. Include detailed plans, elevations, details of framing members, required clearances, anchors and accessories . Include relationship with adjacent materials. 1.04 DELIVERY, STORAGE AND HANDLING A. Deliver materials and products in labeled protective packages. Store and handle in strict compliance with manufacturer' s instructions and recommendations. Protect from damage from weather, excessive temperatures and construction operations. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Doors shall be Galvanized Steel Sectional Overhead type as manufactured by one of the following companies: 1 . Clopay Building Products Company. 08362-1 Y SECTION 08362 - SECTIONAL OVERHEAD DOORS - GALVANIZED STEEL PART 1 - GENERAL 1.01 QUALITY ASSURANCE A. Qualifications of Manufacturer: Products used in the work of this section shall be produced by a manufacturer regularly engaged in the fabrication of similar products and with a history of successful production acceptable to the Architect, such as those manufacturers listed below. B. All doors specified under this Section shall be guaranteed against defective materials, workmanship, and paint coatings for a period of 1 year following occupancy certificate. C. Installer: Installation of sectional doors shall be performed by the authorized representative of the manufacturer. D. Single-Source Responsibility: Provide doors, tracks, motors, and accessories from one manufacturer for each type of door. Provide secondary components from source acceptable to manufacturer of primary components. 1.02 DESCRIPTION OF WORK A. Work included: Provide and install all upward-acting sectional doors as scheduled and detailed in the construction documents and as specified herein. Related work: Preparation of opening, primed steel jambs, structural backing, miscellaneous iron work, electrical wiring, and glazing (if scheduled on the plans) are in the scope of work of other divisions or trades. 1.03 SUBMITTALS A. Product Data: Submit manufacturer's product data and installation instructions for each type of sectional door. Include both published data and specific data prepared for this project. B. Shop Drawings: Submit shop drawings for approval prior to fabrication. Include detailed plans, elevations, details of framing members, required clearances, anchors and accessories . Include relationship with adjacent materials. 1.04 DELIVERY, STORAGE AND HANDLING A. Deliver materials and products in labeled protective packages. Store and handle in strict compliance with manufacturer' s instructions and recommendations. Protect from damage from weather, excessive temperatures and construction operations. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Doors shall be Galvanized Steel Sectional Overhead type as manufactured by one of the following companies: 1 . Clopay Building Products Company. 08362-1 2. Fimbel Door Corporation 3 . Ideal Garage Doors 4. Amarr Garage Doors 5. Arm-R-Lite 6. Raynor 7. Wayne Dalton 8. Overhead Door Corporation 9. Windsor Door 2.02 INSULATED STEEL SECTIONAL DOORS A. Sectional Door Assembly: Metal/foam/metal sandwich panel construction, with EPDM thermal break and ship-lap panel design. Units shall have the following characteristics: 1 . Panel thickness: 15/8" to 2". 2. Exterior Surface: Ribbed, textured, or similar pattern. 3 . Exterior Steel: .015 inch, (28 gauge) or .018 inch (26 gauge). Refer to the requirements of Article 2.09 below for locales within the High Velosity Hurricane Zones. 4. End Stiles: 16 gauge. 5. High Cycle Springs: 75,000 cycles minimum. 6. Insulation: CFC-free and HCFC-free polyurethane, fully encapsulated. 7. Thermal Values: R-value of 14. 0 minimum. 8. Air Infiltration: 0.08 cfm at 15 mph; 0.08 cfm at 25 mph. 2.03 WEATHER SEAL A. Bottom door section shall have factory installed continuous flexible EPDM rubber bulb-type strip at bottom. B. Provide factory supplied jamb and head weatherstripping attached to the masonry and steel jambs. Color of weatherstripping frame to match wall or sectional doors. 2.04 FINISH A. Finish and Color: Factory two coat baked-on polyester with white exterior and white interior color. 2.05 GLAZING A. (When specified on door schedule). Glass lite sizes depend on door size, stile and rail arrangements, and shall be substituted for galvanized steel panels as directed by Architect. Openings shall accommodate standard 9/16" impact rated glass. 2.06 COUNTERBALANCE A. Counterbalance shall be oil-tempered helical-wound, torsion springs mounted on a crossheader shaft. Springs shall be engineered for industrial application and shall be the minimum 75,000 High Cycle type. Stainless steel aircraft-type lift cables shall have a minimum safety factor of 7 to 1 . 08362-2 2. Fimbel Door Corporation 3 . Ideal Garage Doors 4. Amarr Garage Doors 5. Arm-R-Lite 6. Raynor 7. Wayne Dalton 8. Overhead Door Corporation 9. Windsor Door 2.02 INSULATED STEEL SECTIONAL DOORS A. Sectional Door Assembly: Metal/foam/metal sandwich panel construction, with EPDM thermal break and ship-lap panel design. Units shall have the following characteristics: 1 . Panel thickness: 15/8" to 2". 2. Exterior Surface: Ribbed, textured, or similar pattern. 3 . Exterior Steel: .015 inch, (28 gauge) or .018 inch (26 gauge). Refer to the requirements of Article 2.09 below for locales within the High Velosity Hurricane Zones. 4. End Stiles: 16 gauge. 5. High Cycle Springs: 75,000 cycles minimum. 6. Insulation: CFC-free and HCFC-free polyurethane, fully encapsulated. 7. Thermal Values: R-value of 14. 0 minimum. 8. Air Infiltration: 0.08 cfm at 15 mph; 0.08 cfm at 25 mph. 2.03 WEATHER SEAL A. Bottom door section shall have factory installed continuous flexible EPDM rubber bulb-type strip at bottom. B. Provide factory supplied jamb and head weatherstripping attached to the masonry and steel jambs. Color of weatherstripping frame to match wall or sectional doors. 2.04 FINISH A. Finish and Color: Factory two coat baked-on polyester with white exterior and white interior color. 2.05 GLAZING A. (When specified on door schedule). Glass lite sizes depend on door size, stile and rail arrangements, and shall be substituted for galvanized steel panels as directed by Architect. Openings shall accommodate standard 9/16" impact rated glass. 2.06 COUNTERBALANCE A. Counterbalance shall be oil-tempered helical-wound, torsion springs mounted on a crossheader shaft. Springs shall be engineered for industrial application and shall be the minimum 75,000 High Cycle type. Stainless steel aircraft-type lift cables shall have a minimum safety factor of 7 to 1 . 08362-2 r 2.07 TRACK A. Galvanized steel track shall as recommended by manufacturer to suit loading requirements and clearance requirements. Steel brackets or continuous steel angles shall be used for installing tracks on P.T. wood jambs. Vertical track shall be inclined through the use of adjustable brackets to assure weathertight closure at jambs. Horizontal track shall be reinforced with factory-applied galvanized angles as required. 2.08 HARDWARE A. All roller brackets and hinges shall be heavy-duty commercial grade galvanized steel. All rollers shall have ball bearings with case-hardened steel races. Lock shall be end stile interior mounted slide lock for inside security locking. 2.09 WIND-LOAD A. Doors shall be manufactured to withstand (-55# per square foot for 140 mph wind speed) or (-37 psf for 135 mph wind speed). In addition, sectional doors shall comply with the Florida Building Code for locations within the Wind Borne Debris Region for impact resistant coverings. 2. 10 ELECTRIC MOTOR OPERATION A. Provide UL listed electric operator, size and type as recommended by manufacturer to move door in either direction at not less than 2/3 foot nor mor than I foot per second. B. Provide Entrapment Protection with Photoelectric Sensors. C. Provide push button controls with open, close, and stop buttons for surface mounting on interior location adjacent to people entry door latch side. PART 3 - EXECUTION 3.01 PREPARATION A. Take field dimensions and examine conditions of substrates, supports, and other conditions under which this work is to be performed. Do not proceed with work until unsatisfactory conditions are corrected. 3.02 INSTALLATION A. Installation of the sectional overhead doors shall be by the manufacturer' s qualified and authorized distributor. Strictly comply with manufacturer's installation instructions and recommendations. Coordinate installation with adjacent work to ensure proper clearances and allow for periodic maintenance. Instruct Owner' s personnel in proper operating procedures and maintenance schedule. B. Door sections shall be level in the horizontal plane in the open and closed position to within a ''/1" tolerance maximum. Doors shall be free from binding or distortion. 3.03 ADJUSTING AND CLEANING A. Test sectional doors for proper operation and adjust as necessary to provide proper operation without binding or distortion. 08362-3 r 2.07 TRACK A. Galvanized steel track shall as recommended by manufacturer to suit loading requirements and clearance requirements. Steel brackets or continuous steel angles shall be used for installing tracks on P.T. wood jambs. Vertical track shall be inclined through the use of adjustable brackets to assure weathertight closure at jambs. Horizontal track shall be reinforced with factory-applied galvanized angles as required. 2.08 HARDWARE A. All roller brackets and hinges shall be heavy-duty commercial grade galvanized steel. All rollers shall have ball bearings with case-hardened steel races. Lock shall be end stile interior mounted slide lock for inside security locking. 2.09 WIND-LOAD A. Doors shall be manufactured to withstand (-55# per square foot for 140 mph wind speed) or (-37 psf for 135 mph wind speed). In addition, sectional doors shall comply with the Florida Building Code for locations within the Wind Borne Debris Region for impact resistant coverings. 2. 10 ELECTRIC MOTOR OPERATION A. Provide UL listed electric operator, size and type as recommended by manufacturer to move door in either direction at not less than 2/3 foot nor mor than I foot per second. B. Provide Entrapment Protection with Photoelectric Sensors. C. Provide push button controls with open, close, and stop buttons for surface mounting on interior location adjacent to people entry door latch side. PART 3 - EXECUTION 3.01 PREPARATION A. Take field dimensions and examine conditions of substrates, supports, and other conditions under which this work is to be performed. Do not proceed with work until unsatisfactory conditions are corrected. 3.02 INSTALLATION A. Installation of the sectional overhead doors shall be by the manufacturer' s qualified and authorized distributor. Strictly comply with manufacturer's installation instructions and recommendations. Coordinate installation with adjacent work to ensure proper clearances and allow for periodic maintenance. Instruct Owner' s personnel in proper operating procedures and maintenance schedule. B. Door sections shall be level in the horizontal plane in the open and closed position to within a ''/1" tolerance maximum. Doors shall be free from binding or distortion. 3.03 ADJUSTING AND CLEANING A. Test sectional doors for proper operation and adjust as necessary to provide proper operation without binding or distortion. 08362-3 B. Touch-up damaged coatings and finishes and repair minor damage. Clean exposed surfaces using non-abrasive materials and methods recommended by manufacturer of material or product being cleaned. ***END OF SECTION* * * 08362-4 B. Touch-up damaged coatings and finishes and repair minor damage. Clean exposed surfaces using non-abrasive materials and methods recommended by manufacturer of material or product being cleaned. ***END OF SECTION* * * 08362-4 FORT PIERCE ENGINEERING, INC. BRC Maintenance SECTION 16750 - VOICE AND DATA COMMUNICATION CABLING PART 1 - GENERAL 1 . 1 SUMMARY A. This Section includes wire, cable, connecting devices, installation, and testing for wiring systems to be used as signal pathways for voice and high-speed data transmission. 1 .2 SUBMITTALS A. Product Data: For each product indicated. B. Shop Drawings: Include dimensioned plan and elevation views of each individual component Show equipment assemblies, method of field assembly, workspace requirements, and access for cable connections. 1 . System labeling schedules, including electronic copy of labeling schedules, as specified in Part 3, in software and format selected by Owner. 2. Wiring diagrams. Show typical wiring schematics including the following: a. Workstation outlets, jacks, and jack assemblies. b. Patch cords. C. Patch panels. C. Cable Administration Drawings: As specified in Part 3. D. Field quality-control test reports. E. Operation and maintenance data 1 .3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. 1 .4 COORDINATION A. Coordinate layout and installation of voice and data communication cabling with Owners telecommunications and LAN equipment suppliers. Coordinate service entrance arrangement with local exchange carrier. 16750 VOICE AND DATA COMMUNICATION CABLING Page I OF 7 FORT PIERCE ENGINEERING, INC. BRC Maintenance SECTION 16750 - VOICE AND DATA COMMUNICATION CABLING PART 1 - GENERAL 1 . 1 SUMMARY A. This Section includes wire, cable, connecting devices, installation, and testing for wiring systems to be used as signal pathways for voice and high-speed data transmission. 1 .2 SUBMITTALS A. Product Data: For each product indicated. B. Shop Drawings: Include dimensioned plan and elevation views of each individual component Show equipment assemblies, method of field assembly, workspace requirements, and access for cable connections. 1 . System labeling schedules, including electronic copy of labeling schedules, as specified in Part 3, in software and format selected by Owner. 2. Wiring diagrams. Show typical wiring schematics including the following: a. Workstation outlets, jacks, and jack assemblies. b. Patch cords. C. Patch panels. C. Cable Administration Drawings: As specified in Part 3. D. Field quality-control test reports. E. Operation and maintenance data 1 .3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with NFPA 70. 1 .4 COORDINATION A. Coordinate layout and installation of voice and data communication cabling with Owners telecommunications and LAN equipment suppliers. Coordinate service entrance arrangement with local exchange carrier. 16750 VOICE AND DATA COMMUNICATION CABLING Page I OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance 1 . Meet jointly with telecommunications and LAN equipment suppliers, local exchange carrier representatives, and Owner to exchange information and agree on details of equipment arrangements and installation interfaces. 2. Record agreements reached in meetings and distribute to other participants. 3 . Adjust arrangements and locations of cross-connect and patch panels in equipment rooms and wiring closets to accommodate and optimize arrangement and space requirements of telephone switch and LAN equipment. PART2 - PRODUCTS 2. 1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B . Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1 . Cable: a. Belden Inc.; Electronics Division. b. Berk-Tek; an Alcatel Company. C. Brand-Rex Co.; Unit of BICC Cables Corp. d. Champlain Cable Corporation. e. Chromatic Technologies, Incorporated. f General Cable Corporation. g. HeLix/HiTemp Cables, Inc. h. ICC. i . Lucent Technologies; Global Service Provider. j . Mohawk/CDT; a division of Cable Design Technologies. k. Montrose/CDT; a division of Cable Design Technologies. 1. Optical Cable Corporation. M. Panduit Corp. n. Prestolite Wire Corp. o. Remee Products Corp. P. Siecor. q. Superior Essex; Superior Telecommunications Inc. 2. Terminal and Connector Components: a. AMP Incorporated; a Tyco International Ltd. Company. b. Hubbell Premise Wiring. C. Leviton Telecom. d. Lucent Technologies; Global Service Provider. C. Panduit Corp. f. Thomas & Betts Corporation. 2.2 SYSTEM REQUIREMENTS 16750 VOICE AND DATA COMMUNICATION CABLING Page 2 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance 1 . Meet jointly with telecommunications and LAN equipment suppliers, local exchange carrier representatives, and Owner to exchange information and agree on details of equipment arrangements and installation interfaces. 2. Record agreements reached in meetings and distribute to other participants. 3 . Adjust arrangements and locations of cross-connect and patch panels in equipment rooms and wiring closets to accommodate and optimize arrangement and space requirements of telephone switch and LAN equipment. PART2 - PRODUCTS 2. 1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B . Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1 . Cable: a. Belden Inc.; Electronics Division. b. Berk-Tek; an Alcatel Company. C. Brand-Rex Co.; Unit of BICC Cables Corp. d. Champlain Cable Corporation. e. Chromatic Technologies, Incorporated. f General Cable Corporation. g. HeLix/HiTemp Cables, Inc. h. ICC. i . Lucent Technologies; Global Service Provider. j . Mohawk/CDT; a division of Cable Design Technologies. k. Montrose/CDT; a division of Cable Design Technologies. 1. Optical Cable Corporation. M. Panduit Corp. n. Prestolite Wire Corp. o. Remee Products Corp. P. Siecor. q. Superior Essex; Superior Telecommunications Inc. 2. Terminal and Connector Components: a. AMP Incorporated; a Tyco International Ltd. Company. b. Hubbell Premise Wiring. C. Leviton Telecom. d. Lucent Technologies; Global Service Provider. C. Panduit Corp. f. Thomas & Betts Corporation. 2.2 SYSTEM REQUIREMENTS 16750 VOICE AND DATA COMMUNICATION CABLING Page 2 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance A. General: Coordinate the features of materials and equipment so they form an integrated system. Match components and interconnections for optimum future performance. 2.3 MOUNTING ELEMENTS A. Cable Trays: Comply with Division 16 Section "Cable Trays." B. Raceways and Boxes: Comply with Division 16 Section 'Raceways and Boxes." C. Backboards: 3/4-inch ( 19-mm), interior-grade, fire-retardant-treated plywood. 2.4 TWISTED-PAIR CABLES, CONNECTORS, AND TERMINAL EQUIPMENT A. Cables: Listed as complying with Category 5 of TIA/EIA-568-A. B. Conductors: Solid copper. C. UTP Cable: Comply with TLA/EIA-568-A. Four, thermoplastic-insulated, individually twisted pairs of conductors; No. 24 AWG, color-coded; enclosed in PVC jacket. D. STP Workstation Cable: Comply with TIA/EIA-568-A. Two, thermoplastic-insulated, individually twisted pairs of conductors; No. 22 AWG, color-coded, overall aluminum and polyester shield and No. 22 AWG, tinned-copper drain wire; enclosed in PVC jacket. E. UTP and STP Plenum Cable: Listed for use in air-handling spaces. Features are as specified for cables, conductors, UTP cable, and STP workstation cable except materials are modified as required for listing. F. UTP Cable Connecting Hardware: Comply with TLA/EIA-568-A. IDC type, using modules designed for punch-down caps or tools. I . IDC Terminal Block Modules: Integral with connector bodies, including plugs and jacks where indicated. 2. IDC Connecting Hardware: Consistent throughout Project. G. STP Cable Connecting Hardware: Comply with TIA/EIA-568-A for connectors, plugs, and jack assemblies. H. Cross-Connect Panel: Modular array of IDC terminal blocks arranged to terminate building cables and permit interconnection between cables. 1 . Number of Terminals per Field: One for each conductor in assigned cables. 2. Mounting: Rack. 1. Patch Panel: Modular panels housing multiple-numbered jack units with IDC-type connectors at each jack for permanent termination of pair groups of installed cables. 1 . Number of Jacks per Field: One for each four-pair UTP cable or two-pair STP cable indicated. 2. Mounting: Rack 16750 VOICE AND DATA COMMUNICATION CABLING Page 3 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance A. General: Coordinate the features of materials and equipment so they form an integrated system. Match components and interconnections for optimum future performance. 2.3 MOUNTING ELEMENTS A. Cable Trays: Comply with Division 16 Section "Cable Trays." B. Raceways and Boxes: Comply with Division 16 Section 'Raceways and Boxes." C. Backboards: 3/4-inch ( 19-mm), interior-grade, fire-retardant-treated plywood. 2.4 TWISTED-PAIR CABLES, CONNECTORS, AND TERMINAL EQUIPMENT A. Cables: Listed as complying with Category 5 of TIA/EIA-568-A. B. Conductors: Solid copper. C. UTP Cable: Comply with TLA/EIA-568-A. Four, thermoplastic-insulated, individually twisted pairs of conductors; No. 24 AWG, color-coded; enclosed in PVC jacket. D. STP Workstation Cable: Comply with TIA/EIA-568-A. Two, thermoplastic-insulated, individually twisted pairs of conductors; No. 22 AWG, color-coded, overall aluminum and polyester shield and No. 22 AWG, tinned-copper drain wire; enclosed in PVC jacket. E. UTP and STP Plenum Cable: Listed for use in air-handling spaces. Features are as specified for cables, conductors, UTP cable, and STP workstation cable except materials are modified as required for listing. F. UTP Cable Connecting Hardware: Comply with TLA/EIA-568-A. IDC type, using modules designed for punch-down caps or tools. I . IDC Terminal Block Modules: Integral with connector bodies, including plugs and jacks where indicated. 2. IDC Connecting Hardware: Consistent throughout Project. G. STP Cable Connecting Hardware: Comply with TIA/EIA-568-A for connectors, plugs, and jack assemblies. H. Cross-Connect Panel: Modular array of IDC terminal blocks arranged to terminate building cables and permit interconnection between cables. 1 . Number of Terminals per Field: One for each conductor in assigned cables. 2. Mounting: Rack. 1. Patch Panel: Modular panels housing multiple-numbered jack units with IDC-type connectors at each jack for permanent termination of pair groups of installed cables. 1 . Number of Jacks per Field: One for each four-pair UTP cable or two-pair STP cable indicated. 2. Mounting: Rack 16750 VOICE AND DATA COMMUNICATION CABLING Page 3 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance J. Jacks and Jack Assemblies for UTP Cable: Modular, color-coded, RJ-45 receptacle units with integral IDC-type terminals. Use keyed jacks for data service. K. UTP Patch Cords: Four-pair cables in 48-inch (1200-mm) lengths, terminated with RJ-45 plug at each end. Use keyed plugs for data service. L. STP Patch Cords: Two-pair cables in 48-inch (1200-mm) lengths, terminated with STP plug connectors at both ends. Match plug connectors with patch-panel connectors. M. Workstation Outlets: Dual jack-connector assemblies mounted in single or multigang faceplate. 1 . Faceplate: High-impact plastic. 2. Mounting: Flush, unless otherwise indicated. 3 . Legend: Factory labeled, top jack "Voice" and bottom jack "Data," by silk-screening or engraving. 2.5 IDENTIFICATION PRODUCTS A. Comply with Division 16 Section Basic Electrical Materials and Methods and the following: 1 . Cable Labels: Self-adhesive vinyl or vinyl-cloth wraparound tape markers, machine printed with alphanumeric cable designations. PART 3 - EXECUTION 3 . 1 APPLICATION OF MEDIA A. Backbone Cable for Data Service: Use UTP Category 5 cable for runs between equipment rooms and wiring closets and for runs between wiring closets. B . Backbone Cable for Voice Service: Use UTP Category [3] [5] cable for runs between equipment rooms and wiring closets and for runs between wiring closets. C. Horizontal Cable for Data Service: Use UTP Category 5 cable for runs between wiring closets and workstation outlets. D. Horizontal Cable for Voice Service: Use UTP Category 5 cable for runs between wiring closets and workstation outlets. 3 .2 INSTALLATION A, Wiring Method: Install wiring in raceway and cable tray except within consoles, cabinets, desks, and counters. Conceal raceway and wiring except in unfinished spaces. B. Wiring Method: Install wiring in raceway and cable tray except within consoles, cabinets, desks, and counters and except in accessible ceiling spaces and in gypsum board partitions where unenclosed wiring method may be used. Use UL-listed plenum cable in environmental air spaces, including plenum ceilings. Conceal raceway and cables except in unfinished spaces. 16750 VOICE AND DATA COMMUNICATION CABLING Page 4 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance J. Jacks and Jack Assemblies for UTP Cable: Modular, color-coded, RJ-45 receptacle units with integral IDC-type terminals. Use keyed jacks for data service. K. UTP Patch Cords: Four-pair cables in 48-inch (1200-mm) lengths, terminated with RJ-45 plug at each end. Use keyed plugs for data service. L. STP Patch Cords: Two-pair cables in 48-inch (1200-mm) lengths, terminated with STP plug connectors at both ends. Match plug connectors with patch-panel connectors. M. Workstation Outlets: Dual jack-connector assemblies mounted in single or multigang faceplate. 1 . Faceplate: High-impact plastic. 2. Mounting: Flush, unless otherwise indicated. 3 . Legend: Factory labeled, top jack "Voice" and bottom jack "Data," by silk-screening or engraving. 2.5 IDENTIFICATION PRODUCTS A. Comply with Division 16 Section Basic Electrical Materials and Methods and the following: 1 . Cable Labels: Self-adhesive vinyl or vinyl-cloth wraparound tape markers, machine printed with alphanumeric cable designations. PART 3 - EXECUTION 3 . 1 APPLICATION OF MEDIA A. Backbone Cable for Data Service: Use UTP Category 5 cable for runs between equipment rooms and wiring closets and for runs between wiring closets. B . Backbone Cable for Voice Service: Use UTP Category [3] [5] cable for runs between equipment rooms and wiring closets and for runs between wiring closets. C. Horizontal Cable for Data Service: Use UTP Category 5 cable for runs between wiring closets and workstation outlets. D. Horizontal Cable for Voice Service: Use UTP Category 5 cable for runs between wiring closets and workstation outlets. 3 .2 INSTALLATION A, Wiring Method: Install wiring in raceway and cable tray except within consoles, cabinets, desks, and counters. Conceal raceway and wiring except in unfinished spaces. B. Wiring Method: Install wiring in raceway and cable tray except within consoles, cabinets, desks, and counters and except in accessible ceiling spaces and in gypsum board partitions where unenclosed wiring method may be used. Use UL-listed plenum cable in environmental air spaces, including plenum ceilings. Conceal raceway and cables except in unfinished spaces. 16750 VOICE AND DATA COMMUNICATION CABLING Page 4 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance C. Install cables using techniques, practices, and methods that are consistent with Category 5 rating of components and that ensure Category 5 performance of completed and linked signal paths, end to end. D. Install cables without damaging conductors, shield, or jacket. E. Do not bend cables, in handling or in installing, to smaller radii than minimums recommended by manufacturer. F. Pull cables without exceeding cable manufacturer's recommended pulling tensions. 1 . Pull cables simultaneously if more than one is being installed in same raceway. 2. Use pulling compound or lubricant if necessary. Use compounds that will not damage conductor or insulation. 3 . Use pulling means, including fish tape, cable, rope, and basket-weave wire or cable grips, that will not damage media or raceway. G. Install exposed cables parallel and perpendicular to surfaces or exposed structural members and follow surface contours where possible. H. Secure and support cables at intervals not exceeding 30 inches (760 mm) and not more than 6 inches (150 mm) from cabinets, boxes, fittings, outlets, racks, frames, and terminals. I. Wiring within Wiring Closets and Enclosures: Provide conductors of adequate length. Train conductors to terminal points with no excess. Use lacing bars to restrain cables, to prevent straining connections, and to prevent bending cables to smaller radii than minimums recommended by manufacturer. J. Separation of Wires: Comply with TIA/EIA-569-A rules for separating unshielded copper voice and data communication cabling from potential EMI sources, including electrical power lines and equipment. K. Make splices, taps, and terminations only at indicated outlets, terminals, and cross-connect and patch panels. L. Use splice and tap connectors compatible with media types. 3 .3 GROUNDING A. Comply with Division 16 Section "Grounding and Bonding. " B . Ground cable shields, drain conductors, and equipment to eliminate shock hazard and to minimize ground loops, common-mode returns, noise pickup, cross talk, and other impairments. C. Bond shields and drain conductors to ground at only one point in each circuit D. Signal Ground Terminal : Locate in each equipment room and wiring closet; isolate from power system and equipment grounding. E. Signal Ground Bus: Mount on wall of main equipment room with standoff insulators. 16750 VOICE AND DATA COMMUNICATION CABLING Page 5 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance C. Install cables using techniques, practices, and methods that are consistent with Category 5 rating of components and that ensure Category 5 performance of completed and linked signal paths, end to end. D. Install cables without damaging conductors, shield, or jacket. E. Do not bend cables, in handling or in installing, to smaller radii than minimums recommended by manufacturer. F. Pull cables without exceeding cable manufacturer's recommended pulling tensions. 1 . Pull cables simultaneously if more than one is being installed in same raceway. 2. Use pulling compound or lubricant if necessary. Use compounds that will not damage conductor or insulation. 3 . Use pulling means, including fish tape, cable, rope, and basket-weave wire or cable grips, that will not damage media or raceway. G. Install exposed cables parallel and perpendicular to surfaces or exposed structural members and follow surface contours where possible. H. Secure and support cables at intervals not exceeding 30 inches (760 mm) and not more than 6 inches (150 mm) from cabinets, boxes, fittings, outlets, racks, frames, and terminals. I. Wiring within Wiring Closets and Enclosures: Provide conductors of adequate length. Train conductors to terminal points with no excess. Use lacing bars to restrain cables, to prevent straining connections, and to prevent bending cables to smaller radii than minimums recommended by manufacturer. J. Separation of Wires: Comply with TIA/EIA-569-A rules for separating unshielded copper voice and data communication cabling from potential EMI sources, including electrical power lines and equipment. K. Make splices, taps, and terminations only at indicated outlets, terminals, and cross-connect and patch panels. L. Use splice and tap connectors compatible with media types. 3 .3 GROUNDING A. Comply with Division 16 Section "Grounding and Bonding. " B . Ground cable shields, drain conductors, and equipment to eliminate shock hazard and to minimize ground loops, common-mode returns, noise pickup, cross talk, and other impairments. C. Bond shields and drain conductors to ground at only one point in each circuit D. Signal Ground Terminal : Locate in each equipment room and wiring closet; isolate from power system and equipment grounding. E. Signal Ground Bus: Mount on wall of main equipment room with standoff insulators. 16750 VOICE AND DATA COMMUNICATION CABLING Page 5 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance F. Signal Ground Backbone Cable: Extend from signal ground bus to signal ground terminal in each equipment room and wiring closet. 3 .4 INSTALLATION IN EQUIPMENT ROOMS AND WIRING CLOSETS A. Install plywood backboards on walls of equipment rooms and wiring closets from floor to ceiling. B. Mount patch panels, terminal strips, and other connecting hardware on backboards, unless otherwise indicated. C. Group connecting hardware for cables into separate logical fields. D. Use patch panels to terminate cables entering the space, unless otherwise indicated. 3 . 5 INSTALLATION STANDARDS A. Comply with requirements in TLA/EIA-568-A and TIA/EIA-569-A. 3 .6 IDENTIFICATION A. In addition to requirements in this Article, comply with applicable requirements in Division 16 Section Basic Electrical Materials and Methods and TIA/EIA-606. B . System: Use a unique, three-syllable, alphanumeric designation for each cable, and label cable and jacks, connectors, and terminals to which it connects with same designation. Use logical and systematic designations for facility's architectural arrangement 1 . First syllable identifies and locates equipment room or wiring closet where cables originate. 2. Second syllable identifies and locates cross-connect- or patch-panel field in which cables terminate. 3 . Third syllable designates type of media and position occupied by cable pairs in field. C. Workstation: Label cables within outlet boxes. D. Within Connector Fields in Equipment Rooms and Wiring Closets: Label each connector and each discrete unit of cable-terminating and connecting hardware. Where similar jacks and plugs are used for both voice and data communication cabling, use a different color for jacks and plugs of each service. E. Cables, General: Label each cable within 4 inches (100 mm) of each termination and tap, where it is accessible in a cabinet or junction or outlet box, and elsewhere as indicated. F. Exposed Cables and Cables in Cable Trays and Wire Troughs: Label each cable at intervals not exceeding 15 feet (4.5 m). G. Cable Schedule: Post in prominent location in each equipment room and wiring closet. List incoming and outgoing cables and their designations, origins, and destinations. Protect with 16750 VOICE AND DATA COMMUNICATION CABLING Page 6 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance F. Signal Ground Backbone Cable: Extend from signal ground bus to signal ground terminal in each equipment room and wiring closet. 3 .4 INSTALLATION IN EQUIPMENT ROOMS AND WIRING CLOSETS A. Install plywood backboards on walls of equipment rooms and wiring closets from floor to ceiling. B. Mount patch panels, terminal strips, and other connecting hardware on backboards, unless otherwise indicated. C. Group connecting hardware for cables into separate logical fields. D. Use patch panels to terminate cables entering the space, unless otherwise indicated. 3 . 5 INSTALLATION STANDARDS A. Comply with requirements in TLA/EIA-568-A and TIA/EIA-569-A. 3 .6 IDENTIFICATION A. In addition to requirements in this Article, comply with applicable requirements in Division 16 Section Basic Electrical Materials and Methods and TIA/EIA-606. B . System: Use a unique, three-syllable, alphanumeric designation for each cable, and label cable and jacks, connectors, and terminals to which it connects with same designation. Use logical and systematic designations for facility's architectural arrangement 1 . First syllable identifies and locates equipment room or wiring closet where cables originate. 2. Second syllable identifies and locates cross-connect- or patch-panel field in which cables terminate. 3 . Third syllable designates type of media and position occupied by cable pairs in field. C. Workstation: Label cables within outlet boxes. D. Within Connector Fields in Equipment Rooms and Wiring Closets: Label each connector and each discrete unit of cable-terminating and connecting hardware. Where similar jacks and plugs are used for both voice and data communication cabling, use a different color for jacks and plugs of each service. E. Cables, General: Label each cable within 4 inches (100 mm) of each termination and tap, where it is accessible in a cabinet or junction or outlet box, and elsewhere as indicated. F. Exposed Cables and Cables in Cable Trays and Wire Troughs: Label each cable at intervals not exceeding 15 feet (4.5 m). G. Cable Schedule: Post in prominent location in each equipment room and wiring closet. List incoming and outgoing cables and their designations, origins, and destinations. Protect with 16750 VOICE AND DATA COMMUNICATION CABLING Page 6 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance rigid frame and clear plastic cover. Furnish an electronic copy of final comprehensive schedules for Project, in software and format selected by Owner. H. Cable Administration Drawings: Show building floor plans with cable administration point labeling. Identify labeling convention and show labels for telecommunications closets, terminal hardware and positions, horizontal cables, work areas and workstation terminal positions, grounding buses and pathways, and equipment grounding conductors. Follow convention of TIA/EIA-606. Furnish electronic record of all drawings, in software and format selected by Owner. 3.7 FIELD QUALITY CONTROL A. Perform the following field tests and inspections and prepare test reports: 1 . Operational Test: After installation of cables and connectors, demonstrate product capability and compliance with requirements. Test each signal path for end-to-end performance from each end of all pairs installed. Remove temporary connections when tests have been satisfactorily completed. 2. Copper Cable Procedures: Inspect for physical damage and test each conductor signal path for continuity and shorts. Use Class 2, bidirectional, Category 5 tester. Test for faulty connectors, splices, and terminations. Test according to TIA/EIA-TSB67, "Transmission Performance Specifications for Field Testing of Unshielded Twisted-Pair Cabling Systems." Link performance for UTP cables must meet minimum criteria of TMIA-568-A. B. Remove malfunctioning units, replace with new units, and retest as specified above. ENI? OF SECTION 16750 16750 VOICE AND DATA COMMUNICATION CABLING Page 7 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance rigid frame and clear plastic cover. Furnish an electronic copy of final comprehensive schedules for Project, in software and format selected by Owner. H. Cable Administration Drawings: Show building floor plans with cable administration point labeling. Identify labeling convention and show labels for telecommunications closets, terminal hardware and positions, horizontal cables, work areas and workstation terminal positions, grounding buses and pathways, and equipment grounding conductors. Follow convention of TIA/EIA-606. Furnish electronic record of all drawings, in software and format selected by Owner. 3.7 FIELD QUALITY CONTROL A. Perform the following field tests and inspections and prepare test reports: 1 . Operational Test: After installation of cables and connectors, demonstrate product capability and compliance with requirements. Test each signal path for end-to-end performance from each end of all pairs installed. Remove temporary connections when tests have been satisfactorily completed. 2. Copper Cable Procedures: Inspect for physical damage and test each conductor signal path for continuity and shorts. Use Class 2, bidirectional, Category 5 tester. Test for faulty connectors, splices, and terminations. Test according to TIA/EIA-TSB67, "Transmission Performance Specifications for Field Testing of Unshielded Twisted-Pair Cabling Systems." Link performance for UTP cables must meet minimum criteria of TMIA-568-A. B. Remove malfunctioning units, replace with new units, and retest as specified above. ENI? OF SECTION 16750 16750 VOICE AND DATA COMMUNICATION CABLING Page 7 OF 7 FORT PIERCE ENGINEERING, INC. IRC Maintenance SPECIFICATION FOR FIRE DETECTION AND ALARM SYSTEM TABLE OF CONTENTS 1 .0 General Criteria for the Fire Alarm System 2.0 Reserved. 3.0 Monitoring of Signals by Supervising Station 4.0 Smoke Detector Application and Installation 5.0 Reserved. 6.0 System Configuration and Installation 7.0 Programming, Testing, and Certification 8.0 System Documentation, Owner Training, and Spare Parts (continued on next page) 16965 FIRE DETECTION & ALARM SYSTEM Page 1 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance SPECIFICATION FOR FIRE DETECTION AND ALARM SYSTEM TABLE OF CONTENTS 1 .0 General Criteria for the Fire Alarm System 2.0 Reserved. 3.0 Monitoring of Signals by Supervising Station 4.0 Smoke Detector Application and Installation 5.0 Reserved. 6.0 System Configuration and Installation 7.0 Programming, Testing, and Certification 8.0 System Documentation, Owner Training, and Spare Parts (continued on next page) 16965 FIRE DETECTION & ALARM SYSTEM Page 1 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 1 .0 General Criteria for the Fire Alarm System: 1 . 1 Authority Having Jurisdiction (AHJ) Defined, Building Permits: The AHJ for Code compliance is Indian River County. 1 .2 Contractor' s Shop Drawings, Review, Code Compliance, Completeness of System, Goals, Objectives, and Performance Criteria The fire alarm contractor shall submit complete Shop Drawings to the engineer for review, prior to performing any work. These shall clearly demonstrate compliance with the engineer' s plans and specifications. Engineer' s approval (with or without corrections) of contractor' s Shop Drawings, samples, cut sheets, etc. , is for general conformance with the contract documents and design concept. It shall not relieve the contractor of responsibility for full compliance with the project plans and specifications, EXCEPT for any specific non-compliant features for which the engineer gives written authorization . The fire alarm system shall comply with applicable provisions of the 2007 Florida Building Code, and the National Fire Alarm Code (NFPA 72). The Contractor shall furnish all parts, materials, and labor customarily required or provided for a complete and operating system, in accordance with all requirements applicable, even if each needed item is not specifically shown or described in the project plans or specifications. The goals of the system are : 1 ) to provide life safety; 2) to protect property; 3 ) to maintain continuity of operations The objective of the system is to accurately detect smoke and/or fire and/or toxic carbon monoxide conditions promptly and provide clear notification so as to provide adequate time for evacuation and/or rescue through tenable conditions. Another objective is to limit the spread of flame to the compartment of origin. The required responses of the system are: 1 ) to provide a trouble indication at the FACU upon detection of an abnormal system condition 2) to provide visible and audible notification per NFPA 72 upon detection of abnormal smoke/heat/or carbon monoxide 3) to shut down the office building AHU upon detection of abnormal smoke or heat in the office building 4) to provide a signal to the Indian River County Central Station that identifies the building name and address and the fact that the system is in alarm condition. See 3 .2. 1 . 3 The system is to be the non-addressable, zoned type, with a 24vdc nominal operating voltage. All equipment supplied must be specifically listed for its intended use and shall be installed in accordance with any instructions included in its listing. 1 .4 The system is to have multiple access levels so owner's authorized personnel can disable 16965 FIRE DETECTION & ALARM SYSTEM Page 2 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 1 .0 General Criteria for the Fire Alarm System: 1 . 1 Authority Having Jurisdiction (AHJ) Defined, Building Permits: The AHJ for Code compliance is Indian River County. 1 .2 Contractor' s Shop Drawings, Review, Code Compliance, Completeness of System, Goals, Objectives, and Performance Criteria The fire alarm contractor shall submit complete Shop Drawings to the engineer for review, prior to performing any work. These shall clearly demonstrate compliance with the engineer' s plans and specifications. Engineer' s approval (with or without corrections) of contractor' s Shop Drawings, samples, cut sheets, etc. , is for general conformance with the contract documents and design concept. It shall not relieve the contractor of responsibility for full compliance with the project plans and specifications, EXCEPT for any specific non-compliant features for which the engineer gives written authorization . The fire alarm system shall comply with applicable provisions of the 2007 Florida Building Code, and the National Fire Alarm Code (NFPA 72). The Contractor shall furnish all parts, materials, and labor customarily required or provided for a complete and operating system, in accordance with all requirements applicable, even if each needed item is not specifically shown or described in the project plans or specifications. The goals of the system are : 1 ) to provide life safety; 2) to protect property; 3 ) to maintain continuity of operations The objective of the system is to accurately detect smoke and/or fire and/or toxic carbon monoxide conditions promptly and provide clear notification so as to provide adequate time for evacuation and/or rescue through tenable conditions. Another objective is to limit the spread of flame to the compartment of origin. The required responses of the system are: 1 ) to provide a trouble indication at the FACU upon detection of an abnormal system condition 2) to provide visible and audible notification per NFPA 72 upon detection of abnormal smoke/heat/or carbon monoxide 3) to shut down the office building AHU upon detection of abnormal smoke or heat in the office building 4) to provide a signal to the Indian River County Central Station that identifies the building name and address and the fact that the system is in alarm condition. See 3 .2. 1 . 3 The system is to be the non-addressable, zoned type, with a 24vdc nominal operating voltage. All equipment supplied must be specifically listed for its intended use and shall be installed in accordance with any instructions included in its listing. 1 .4 The system is to have multiple access levels so owner's authorized personnel can disable 16965 FIRE DETECTION & ALARM SYSTEM Page 2 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance individual alarm inputs or normal system responses (outputs) for alarms, without changing the system's executive programming or affecting operation of the rest of the system. How to do this must be included in the training required to be given to the owner's designated personnel (see 8 .6), and must also be part of the written documentation provided by the fire alarm equipment supplier. 1 .5 A Fire Alarm Control Unit (FACU) is required and shall be located in the reception area of the main building. Consult with the local fire official prior to precisely locating the FACU. 1 .6 The FACU and all other control equipment locations, including any transponders, sub-panels, and booster power supplies, must be protected by a spot type smoke detector located within 15 feet of the equipment (measured horizontally). 1 . 7 A supervised "AHU Shutdown Defeat" switch must be provided in/adjacent to the FACU or as a key-operated function in the Remote Annunciator (if provided). The switch must cause a system "trouble" indication when it's placed in the off-normal (" Shutdown Defeated") position. 1 . 8 Reserved. 1 .9 Reserved. 1 . 10 The fire alarm system must include an LED-type "zone" annunciator at (or in) the FACU, or in another location if acceptable to the AHJ. As a minimum, this annunciator is to indicate the specific type of alarm or supervisory signal (smoke detector, waterflow, sprinkler valve closed, etc.), for groups of devices. The facility shall, at a minimum, be divided into the following zones: 1 ) Office Building West; 2) Office Building East; 3 ) Office Building Ducts ; 4)Maintenance Building; 4) Storage Bays 1 . 11 Alarm notification appliances (audible and visible) are to comply with NFPA 72 and the Florida Building Code for intensity and placement. The audible evacuation signal shall be the ANSI S3 .41 three-pulse temporal pattern. All strobe lights installed in a single space must be synchronized. Contact the AHJ for additional information or to seek approval of any alternative design. 1 . 12 Alarm notification appliance (NAC) circuits shall be NFPA 72 Style Y (Class B). The load connected to each circuit must not exceed 80% of rated module output and the coverage of each circuit in the main building shall not exceed half of the main building. The NAC voltage drop during alarm must not exceed 14% of the voltage measured across the batteries at that time. To achieve this, the design must consider wire size, length of circuit, device load, inherent voltage loss within the FACU's power supply, etc. The contractor shall use power outage testing to verify that the NAC circuit was designed and installed properly. 1 . 13 The following protection against voltage transients and surges must be provided by the fire alarm equipment supplier, and installed by the electrical contractor: On AC Input: A feed-through (not shunt-type) branch circuit transient suppressor such as the EFI E100HW120, Leviton 51020-OWM, Emerson/Northern Technologies TCS-HWR, Transtector ACPIOOBW series, or any equivalent UL 1449 - 2nd Edition Listed device submitted to and 16965 FIRE DETECTION & ALARM SYSTEM Page 3 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance individual alarm inputs or normal system responses (outputs) for alarms, without changing the system's executive programming or affecting operation of the rest of the system. How to do this must be included in the training required to be given to the owner's designated personnel (see 8 .6), and must also be part of the written documentation provided by the fire alarm equipment supplier. 1 .5 A Fire Alarm Control Unit (FACU) is required and shall be located in the reception area of the main building. Consult with the local fire official prior to precisely locating the FACU. 1 .6 The FACU and all other control equipment locations, including any transponders, sub-panels, and booster power supplies, must be protected by a spot type smoke detector located within 15 feet of the equipment (measured horizontally). 1 . 7 A supervised "AHU Shutdown Defeat" switch must be provided in/adjacent to the FACU or as a key-operated function in the Remote Annunciator (if provided). The switch must cause a system "trouble" indication when it's placed in the off-normal (" Shutdown Defeated") position. 1 . 8 Reserved. 1 .9 Reserved. 1 . 10 The fire alarm system must include an LED-type "zone" annunciator at (or in) the FACU, or in another location if acceptable to the AHJ. As a minimum, this annunciator is to indicate the specific type of alarm or supervisory signal (smoke detector, waterflow, sprinkler valve closed, etc.), for groups of devices. The facility shall, at a minimum, be divided into the following zones: 1 ) Office Building West; 2) Office Building East; 3 ) Office Building Ducts ; 4)Maintenance Building; 4) Storage Bays 1 . 11 Alarm notification appliances (audible and visible) are to comply with NFPA 72 and the Florida Building Code for intensity and placement. The audible evacuation signal shall be the ANSI S3 .41 three-pulse temporal pattern. All strobe lights installed in a single space must be synchronized. Contact the AHJ for additional information or to seek approval of any alternative design. 1 . 12 Alarm notification appliance (NAC) circuits shall be NFPA 72 Style Y (Class B). The load connected to each circuit must not exceed 80% of rated module output and the coverage of each circuit in the main building shall not exceed half of the main building. The NAC voltage drop during alarm must not exceed 14% of the voltage measured across the batteries at that time. To achieve this, the design must consider wire size, length of circuit, device load, inherent voltage loss within the FACU's power supply, etc. The contractor shall use power outage testing to verify that the NAC circuit was designed and installed properly. 1 . 13 The following protection against voltage transients and surges must be provided by the fire alarm equipment supplier, and installed by the electrical contractor: On AC Input: A feed-through (not shunt-type) branch circuit transient suppressor such as the EFI E100HW120, Leviton 51020-OWM, Emerson/Northern Technologies TCS-HWR, Transtector ACPIOOBW series, or any equivalent UL 1449 - 2nd Edition Listed device submitted to and 16965 FIRE DETECTION & ALARM SYSTEM Page 3 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance approved by the electrical design engineer. Install suppressor in a listed enclosure near the electrical panelboard, and trim excess lead lengths. Wind small coil in the branch circuit conductorjust downstream of the suppressor connection. Coil to be 5 to 10 turns, about 1 " diameter, and securely tie-wrapped. This series impedance will improve the effectiveness of the suppressor in clipping fast rise time voltage transients. On DC Circuits Extending Outside Building: Adjacent to the FACU, and also near point of entry to outlying building, provide "pi"-type filter on each leg, consisting of a primary arrestor, series impedance, and a fast acting secondary arrestor that clamps at 30v-40v. Some acceptable models : Innovative Technology D2S33-2ML, Simplex 2081 -9027/-9028, Transtector TSP8601 , Ditek DTKxLVL series, Citel America B280-24V, Leviton 3824-OWM, Northern Technologies DLP-42. Submit data on others to the engineer for approval . UL 497B listing is normally a prerequisite for their consideration. Devices using only MOV active elements are not acceptable. 1 . 14 Systems are to be provided with a separate and independent source of secondary power. The system shall have a minimum of 24 hours secondary power capacity, plus 5 minutes of full alarm load. Include a copy of system battery sizing calculations with the shop drawing submittal to the engineer. Use manufacturer's battery discharge curve to determine expected battery voltage after 24 hours of providing standby power. Then use calculated Notification Appliance Circuit current draw in the alarm mode to determine expected voltage drop at EOL, based on conductor resistance per manufacturer's data sheet or NEC 2005, Table 8. Remember to double the ohms per foot since two conductors are required to power the circuit. Also, add any inherent voltage drop caused by the system ' s power supply. The voltage drop at EOL must not exceed 14 % of the expected battery voltage, after the required standby time plus alarm time. (Typically, for a 24 volt system, this limits the voltage drop from the battery to the EOL to 3 volts). Determine "worst case" voltage at far end of each NAC, by subtracting its calculated V-drop from the expected battery voltage. The result must be no less than the minimum listed operating voltage for the alarm notification appliances used. All of these calculations must be placed on a dedicated sheet of as-built drawings for future reference by fire alarm service technicians NAC voltage drop is to be verified during system tests. 1 . 15 Fire/smoke/CO detectors used shall be of the following types: 1 ) photoelectric smoke detectors for office building ceilings; 2) photoelectric duct smoke detectors for HVAC ducts; 3) 135°C heat detectors and CO warning system for maintenance building and storage bays. 1 . 16 Manual pull stations shall be provided at each point of egress in the office building and in accordance with the prescriptive requirements of NFPA 72 in the maintenance building and storage bay building. 2.0 Reserved. 3.0 Monitoring of Signals by Supervising Station : 16965 FIRE DETECTION & ALARM SYSTEM Page 4 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance approved by the electrical design engineer. Install suppressor in a listed enclosure near the electrical panelboard, and trim excess lead lengths. Wind small coil in the branch circuit conductorjust downstream of the suppressor connection. Coil to be 5 to 10 turns, about 1 " diameter, and securely tie-wrapped. This series impedance will improve the effectiveness of the suppressor in clipping fast rise time voltage transients. On DC Circuits Extending Outside Building: Adjacent to the FACU, and also near point of entry to outlying building, provide "pi"-type filter on each leg, consisting of a primary arrestor, series impedance, and a fast acting secondary arrestor that clamps at 30v-40v. Some acceptable models : Innovative Technology D2S33-2ML, Simplex 2081 -9027/-9028, Transtector TSP8601 , Ditek DTKxLVL series, Citel America B280-24V, Leviton 3824-OWM, Northern Technologies DLP-42. Submit data on others to the engineer for approval . UL 497B listing is normally a prerequisite for their consideration. Devices using only MOV active elements are not acceptable. 1 . 14 Systems are to be provided with a separate and independent source of secondary power. The system shall have a minimum of 24 hours secondary power capacity, plus 5 minutes of full alarm load. Include a copy of system battery sizing calculations with the shop drawing submittal to the engineer. Use manufacturer's battery discharge curve to determine expected battery voltage after 24 hours of providing standby power. Then use calculated Notification Appliance Circuit current draw in the alarm mode to determine expected voltage drop at EOL, based on conductor resistance per manufacturer's data sheet or NEC 2005, Table 8. Remember to double the ohms per foot since two conductors are required to power the circuit. Also, add any inherent voltage drop caused by the system ' s power supply. The voltage drop at EOL must not exceed 14 % of the expected battery voltage, after the required standby time plus alarm time. (Typically, for a 24 volt system, this limits the voltage drop from the battery to the EOL to 3 volts). Determine "worst case" voltage at far end of each NAC, by subtracting its calculated V-drop from the expected battery voltage. The result must be no less than the minimum listed operating voltage for the alarm notification appliances used. All of these calculations must be placed on a dedicated sheet of as-built drawings for future reference by fire alarm service technicians NAC voltage drop is to be verified during system tests. 1 . 15 Fire/smoke/CO detectors used shall be of the following types: 1 ) photoelectric smoke detectors for office building ceilings; 2) photoelectric duct smoke detectors for HVAC ducts; 3) 135°C heat detectors and CO warning system for maintenance building and storage bays. 1 . 16 Manual pull stations shall be provided at each point of egress in the office building and in accordance with the prescriptive requirements of NFPA 72 in the maintenance building and storage bay building. 2.0 Reserved. 3.0 Monitoring of Signals by Supervising Station : 16965 FIRE DETECTION & ALARM SYSTEM Page 4 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 3 . 1 The system shall be equipped with a 4-channel (minimum) Digital Alarm Communicator Transmitter (DACT) for transmission of fire alarm, supervisory, and trouble signals to the customary monitoring service utilized by Indian River County. The following signals shall be reported as applicable: • Fire Alarm • Security Alarm • Carbon Monoxide Alarm • Fire Alarm System AC Power Trouble (only if 120vac interrupted for 1 -3 hours) EXCEPTION : Other appropriate means of transmitting fire alarm system signals off-premises may be permitted to be used, at the discretion of the AHJ who approves the plans . 3 .2 The precedence of signals transmitted to the Supervising Station shall be as follows: 1 . Fire Alarm 2. Carbon Monoxide Alarm 3 . Security Alarm 3 . Supervisory Signal 4. Trouble Signal* *Loss of AC power to FACU must not be sent transmitted until it has continued for at least 1 hour but no more than 3 hours. This avoids nuisance transmissions to the supervising station for brief power outages (switching transients, thunderstorms). 3 . 3 The Contractor must provide a type of DACT that is compatible with the Indian River County monitoring service's alarm receiving equipment. He must also program the PROM, connect each DACT to the telephone line(s) provided to him, and verify proper signal receipt by the monitoring service. The transmission means shall comply with NFPA 72 (which does not permit VOIP). 4.0 Smoke Detector Application and Installation • 4. 1 All spot type and duct smoke detectors shall automatically compensate for detector sensitivity changes due to ambient conditions and dust build-up within detectors. This feature must be armed and sensitivities set prior to acceptance of the system. 4.2 Reserved. 4 .3 Spot-type detectors must be the plug-in type, with a separate base (not a mounting ring), to facilitate their replacement and maintenance. The base shall have integral terminal strips for circuit connections, rather than wire pigtails (see 6. 5 for details). Each detector or detector base shall incorporate an LED to indicate alarm. 4.4 Spot-type smoke detectors shall have a built-in locking device to secure the head to the base, for tamper resistance. For detectors mounted within 12 feet of the floor, activate this lock after the system has been inspected and given final acceptance. 4.5 Spot-type smoke detectors shall not be used where ceiling height exceeds 25 feet because it makes access for maintenance very difficult and could impede response. 16965 FIRE DETECTION & ALARM SYSTEM Page 5 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 3 . 1 The system shall be equipped with a 4-channel (minimum) Digital Alarm Communicator Transmitter (DACT) for transmission of fire alarm, supervisory, and trouble signals to the customary monitoring service utilized by Indian River County. The following signals shall be reported as applicable: • Fire Alarm • Security Alarm • Carbon Monoxide Alarm • Fire Alarm System AC Power Trouble (only if 120vac interrupted for 1 -3 hours) EXCEPTION : Other appropriate means of transmitting fire alarm system signals off-premises may be permitted to be used, at the discretion of the AHJ who approves the plans . 3 .2 The precedence of signals transmitted to the Supervising Station shall be as follows: 1 . Fire Alarm 2. Carbon Monoxide Alarm 3 . Security Alarm 3 . Supervisory Signal 4. Trouble Signal* *Loss of AC power to FACU must not be sent transmitted until it has continued for at least 1 hour but no more than 3 hours. This avoids nuisance transmissions to the supervising station for brief power outages (switching transients, thunderstorms). 3 . 3 The Contractor must provide a type of DACT that is compatible with the Indian River County monitoring service's alarm receiving equipment. He must also program the PROM, connect each DACT to the telephone line(s) provided to him, and verify proper signal receipt by the monitoring service. The transmission means shall comply with NFPA 72 (which does not permit VOIP). 4.0 Smoke Detector Application and Installation • 4. 1 All spot type and duct smoke detectors shall automatically compensate for detector sensitivity changes due to ambient conditions and dust build-up within detectors. This feature must be armed and sensitivities set prior to acceptance of the system. 4.2 Reserved. 4 .3 Spot-type detectors must be the plug-in type, with a separate base (not a mounting ring), to facilitate their replacement and maintenance. The base shall have integral terminal strips for circuit connections, rather than wire pigtails (see 6. 5 for details). Each detector or detector base shall incorporate an LED to indicate alarm. 4.4 Spot-type smoke detectors shall have a built-in locking device to secure the head to the base, for tamper resistance. For detectors mounted within 12 feet of the floor, activate this lock after the system has been inspected and given final acceptance. 4.5 Spot-type smoke detectors shall not be used where ceiling height exceeds 25 feet because it makes access for maintenance very difficult and could impede response. 16965 FIRE DETECTION & ALARM SYSTEM Page 5 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 4.6 Unless suitably protected against dust, paint, etc. , spot type smoke detectors shall not be installed until the final construction clean-up has been completed. In the event of contamination during construction, the detectors must be replaced. CAUTION: Covers supplied with smoke detector heads do not provide protection against heavy construction dust, spray painting, etc., and must not be used for that purpose. They are suitable only during final, minor cleanup or touchup operations. 4. 7 A detector installed where accidental damage or deliberate abuse is expected shall be provided with a guard that is listed for use with it and is acceptable to the AHJ. 4.8 Identification of individual detectors is not required, but each detector location shall be shown on the fire alarm construction plan and as-built drawing. 4.9 All air duct/plenum detectors must have a Remote Alarm Indicator Lamp (RAIL) installed in the nearest corridor or public area and identified by an engraved label affixed to the wall or ceiling. Duct smoke detectors are permitted to be installed only inside an air duct. It is not appropriate to mount them in front of a return air opening. Duct detectors shall also be installed in a manner that provides suitable, convenient access for required periodic cleaning and calibration (see 4. 11 ) . 4. 10 Duct detector sampling tubes shall extend the full width of the duct and shall extend through the far side of the duct. An appropriate and durable air-tight seal shall be made around the tube where it penetrates the duct wall. The end of the tube shall be plugged with a rubber stopper. This facilitates visual inspection, intake tube cleaning, and injection of smoke or equivalent aerosol for testing the detector. 4. 11 Each duct detector installation shall be accessible for sampling tube inspection and cleaning. Indicate airflow direction on the duct, adjacent to the detector, using stencil or permanent decal . 4. 12 Install smoke detectors in interior exit access corridors, M/E rooms, computer rooms, unsprinklered storage rooms, and customarily unoccupied rooms or spaces containing flammable materials. 5.0 Reserved. 6.0 System Conflguration and Installation 6. 1 Reserved. 6. 2 Reserved. 6.3 All fire alarm system wiring shall be in '/, inch or larger diameter metal conduit, surface metal raceway, or (in finished areas only, for improved appearance) surface non-metallic raceway. PVC conduit is permitted to be used underground, in concrete, and in locations subject to severe corrosion. 6 .4 All conduits that penetrate outside walls from air conditioned space must have internal sealing 16965 FIRE DETECTION & ALARM SYSTEM Page 6 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 4.6 Unless suitably protected against dust, paint, etc. , spot type smoke detectors shall not be installed until the final construction clean-up has been completed. In the event of contamination during construction, the detectors must be replaced. CAUTION: Covers supplied with smoke detector heads do not provide protection against heavy construction dust, spray painting, etc., and must not be used for that purpose. They are suitable only during final, minor cleanup or touchup operations. 4. 7 A detector installed where accidental damage or deliberate abuse is expected shall be provided with a guard that is listed for use with it and is acceptable to the AHJ. 4.8 Identification of individual detectors is not required, but each detector location shall be shown on the fire alarm construction plan and as-built drawing. 4.9 All air duct/plenum detectors must have a Remote Alarm Indicator Lamp (RAIL) installed in the nearest corridor or public area and identified by an engraved label affixed to the wall or ceiling. Duct smoke detectors are permitted to be installed only inside an air duct. It is not appropriate to mount them in front of a return air opening. Duct detectors shall also be installed in a manner that provides suitable, convenient access for required periodic cleaning and calibration (see 4. 11 ) . 4. 10 Duct detector sampling tubes shall extend the full width of the duct and shall extend through the far side of the duct. An appropriate and durable air-tight seal shall be made around the tube where it penetrates the duct wall. The end of the tube shall be plugged with a rubber stopper. This facilitates visual inspection, intake tube cleaning, and injection of smoke or equivalent aerosol for testing the detector. 4. 11 Each duct detector installation shall be accessible for sampling tube inspection and cleaning. Indicate airflow direction on the duct, adjacent to the detector, using stencil or permanent decal . 4. 12 Install smoke detectors in interior exit access corridors, M/E rooms, computer rooms, unsprinklered storage rooms, and customarily unoccupied rooms or spaces containing flammable materials. 5.0 Reserved. 6.0 System Conflguration and Installation 6. 1 Reserved. 6. 2 Reserved. 6.3 All fire alarm system wiring shall be in '/, inch or larger diameter metal conduit, surface metal raceway, or (in finished areas only, for improved appearance) surface non-metallic raceway. PVC conduit is permitted to be used underground, in concrete, and in locations subject to severe corrosion. 6 .4 All conduits that penetrate outside walls from air conditioned space must have internal sealing 16965 FIRE DETECTION & ALARM SYSTEM Page 6 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance (duct-seal), to prevent condensation from infiltrating humid air. 6 .5 There shall be no splices in the system other than at device terminal blocks, or on terminal blocks in cabinets. "Wire nuts" and crimp splices will not be permitted. Permanent wire markers shall be used to identify all connections at the FACU and other control equipment, at power supplies, and in terminal cabinets. 6.6 If building layout requires the terminal cabinet to be above a drop ceiling, its location must be clearly and permanently identified with a placard readable from floor. Terminal block screws shall have pressure wire connectors of the self-lifting or box lug type. 6. 7 Initiating device circuits shall be wired with type FPL/FPLR/FPLP fire alarm cable, AWG 18 minimum, low capacitance, twisted shielded copper pair. Cable shield drain wires are to be connected at each device to maintain continuity, taped to insulate from ground, and terminated at the FACU . Acceptable cables include Atlas 228- 18- 1 - 1STP, BSCC S1802s19 (same as EEC 78061,C), West Penn D975, D991 (AWG 16), D995 (AWG 14), or equal wire having capacitance of 30pf/ft. maximum between conductors. Belden 5320FJ acceptable if only FPL rating needed. The cable jacket color shall be red, with red (+) and black (-) conductor insulation. In underground conduit, use Type TC or PLTC cable (PE insulated) to avoid problems from moisture. Minimum conduit size of any type is 1/4 inch. 6.8 Reserved. 6. 9 Except as required by 2. 8 and 6.7, all other circuits in the system shall be wired with AWG 121 stranded copper, THHN/THWN conductors, installed in minimum 3/4 inch conduit. Color code as shown below throughout the system, without color change in any wire run: • Alarm notification Appliance Circuits (homs/strobes). . . . . .Blue (+)Black (-) • Separate 24vdc Operating Power (for equipment) . . . . . . . . . . . . Yellow (+)Brown (-) • Circuits from ZAM's to Monitored Devices (AWG 14/ 16). . .Violet(+)/Grey (-) 6. 10 Notification Appliance Circuit booster ("ADA") power supplies must be individually monitored by the FACU and protected by a smoke detector per NFPA 72 . They shall not be located above a ceiling, or in non-conditioned space. 6. 11 All junction boxes shall be painted red prior to pulling the wire. Those installed in finished areas are permitted to be painted outside to match the finish color. 6. 12 The branch circuit breaker supplying the system must be physically protected by panelboard lock or handle lock and each must be identified with a 1 /4" permanent red dot applied to handle or exposed body area. The breaker supplying the system shall also be clearly and conspicuously identified on the electric branch-circuit panel schedule and electrical as-built drawings . 6. 13 Provide an engraved label at each fire alarm system control unit, system sub-panel or data gathering panel, supplementary notification appliance (SNAC) panel, digital alarm communicator, etc., identifying its 120vac power source, as follows: Panelboard location, panelboard identification, and branch circuit number. 6 . 14 The fire alarm system shall monitor 120vac power to shunt trip breakers used in conjunction with 16965 FIRE DETECTION & ALARM SYSTEM Page 7 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance (duct-seal), to prevent condensation from infiltrating humid air. 6 .5 There shall be no splices in the system other than at device terminal blocks, or on terminal blocks in cabinets. "Wire nuts" and crimp splices will not be permitted. Permanent wire markers shall be used to identify all connections at the FACU and other control equipment, at power supplies, and in terminal cabinets. 6.6 If building layout requires the terminal cabinet to be above a drop ceiling, its location must be clearly and permanently identified with a placard readable from floor. Terminal block screws shall have pressure wire connectors of the self-lifting or box lug type. 6. 7 Initiating device circuits shall be wired with type FPL/FPLR/FPLP fire alarm cable, AWG 18 minimum, low capacitance, twisted shielded copper pair. Cable shield drain wires are to be connected at each device to maintain continuity, taped to insulate from ground, and terminated at the FACU . Acceptable cables include Atlas 228- 18- 1 - 1STP, BSCC S1802s19 (same as EEC 78061,C), West Penn D975, D991 (AWG 16), D995 (AWG 14), or equal wire having capacitance of 30pf/ft. maximum between conductors. Belden 5320FJ acceptable if only FPL rating needed. The cable jacket color shall be red, with red (+) and black (-) conductor insulation. In underground conduit, use Type TC or PLTC cable (PE insulated) to avoid problems from moisture. Minimum conduit size of any type is 1/4 inch. 6.8 Reserved. 6. 9 Except as required by 2. 8 and 6.7, all other circuits in the system shall be wired with AWG 121 stranded copper, THHN/THWN conductors, installed in minimum 3/4 inch conduit. Color code as shown below throughout the system, without color change in any wire run: • Alarm notification Appliance Circuits (homs/strobes). . . . . .Blue (+)Black (-) • Separate 24vdc Operating Power (for equipment) . . . . . . . . . . . . Yellow (+)Brown (-) • Circuits from ZAM's to Monitored Devices (AWG 14/ 16). . .Violet(+)/Grey (-) 6. 10 Notification Appliance Circuit booster ("ADA") power supplies must be individually monitored by the FACU and protected by a smoke detector per NFPA 72 . They shall not be located above a ceiling, or in non-conditioned space. 6. 11 All junction boxes shall be painted red prior to pulling the wire. Those installed in finished areas are permitted to be painted outside to match the finish color. 6. 12 The branch circuit breaker supplying the system must be physically protected by panelboard lock or handle lock and each must be identified with a 1 /4" permanent red dot applied to handle or exposed body area. The breaker supplying the system shall also be clearly and conspicuously identified on the electric branch-circuit panel schedule and electrical as-built drawings . 6. 13 Provide an engraved label at each fire alarm system control unit, system sub-panel or data gathering panel, supplementary notification appliance (SNAC) panel, digital alarm communicator, etc., identifying its 120vac power source, as follows: Panelboard location, panelboard identification, and branch circuit number. 6 . 14 The fire alarm system shall monitor 120vac power to shunt trip breakers used in conjunction with 16965 FIRE DETECTION & ALARM SYSTEM Page 7 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance fire suppression systems. 7.0 Programming, Testing, and Certification : 7. 1 All connections to the FACU and the system's programming shall be done only by the manufacturer, or by an authorized distributor that stocks a full complement of spare parts for the system. The technicians who do this are required to be trained and individually certified by the manufacturer, for the FACU model/series being installed. This training and certification must have occurred within the most recent 36 months except that a NICET Level III certification will extend this to 48 months. Copies of the certifications must be part of the Shop Drawing submittal to the engineer, prior to installation. The submittal cannot be approved without this info. The technician who makes final connections and programs the FACU is legally the "installer" even though most field connections to system devices and appliances are normally made by electrical contractor personnel . The responsibility for assuring a proper installation overall rests with this individual. In addition to doing the final hookups and activating the system, this individual is expected to check enough field connections to assure a proper job was done there. The absence of system "trouble" signals is not a sufficient measure of the field wiring, which could have "T" taps, the wrong type of wire, improper terminations, ground (drain wire) issues, etc. 7. 2 When programming the system, activate the automatic drift compensation feature for all spot-type smoke detectors. 7 .3 Set spot-type smoke detector sensitivities to normal/medium. 7.4 Print a complete System Status and Programming Report, after the above steps have been done. This must include the program settings for each alarm initiating device and the current sensitivity of each smoke detector. 7 . 5 The manufacturer or authorized distributor (by definition, "installer") must 100% test all site- specific software functions for the system and then provide a detailed report or check list showing the system's operational matrix. This documentation must be part of the " System Status and Programming Report" described in 7 .4. 7.6 Upon completion of the installation and its programming, the installer's technician shall test every alarm initiating device for proper response and indication, and all alarm notification appliances for effectiveness. The HVAC smoke damper function shall also be tested and then reset. The AHJ must be notified in advance of these 100% tests, to permit witnessing them if desired. 7 . 7 The installer must fill out and submit the following documentation to the owner, through the engineer, prior to the AHJ's system acceptance inspection : 1 . Completion documents conforming to NFPA 72 — 2007 Section 4.5 .2 . Use these forms (no substitutes) to detail the system installation and also to certify that: (a.) It was done per Code, and (b.) The Code-required 100% test was performed. The fire alarm installer (manufacturer or authorized distributor's technician) must sign this form. If a representative of the AHJ, owner, or engineer witnesses the tests, in whole or in part, they must also sign the form to signify that fact only (annotating the form as needed to clarify their limited role). 2. Reserved. 16965 FIRE DETECTION & ALARM SYSTEM Page 8 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance fire suppression systems. 7.0 Programming, Testing, and Certification : 7. 1 All connections to the FACU and the system's programming shall be done only by the manufacturer, or by an authorized distributor that stocks a full complement of spare parts for the system. The technicians who do this are required to be trained and individually certified by the manufacturer, for the FACU model/series being installed. This training and certification must have occurred within the most recent 36 months except that a NICET Level III certification will extend this to 48 months. Copies of the certifications must be part of the Shop Drawing submittal to the engineer, prior to installation. The submittal cannot be approved without this info. The technician who makes final connections and programs the FACU is legally the "installer" even though most field connections to system devices and appliances are normally made by electrical contractor personnel . The responsibility for assuring a proper installation overall rests with this individual. In addition to doing the final hookups and activating the system, this individual is expected to check enough field connections to assure a proper job was done there. The absence of system "trouble" signals is not a sufficient measure of the field wiring, which could have "T" taps, the wrong type of wire, improper terminations, ground (drain wire) issues, etc. 7. 2 When programming the system, activate the automatic drift compensation feature for all spot-type smoke detectors. 7 .3 Set spot-type smoke detector sensitivities to normal/medium. 7.4 Print a complete System Status and Programming Report, after the above steps have been done. This must include the program settings for each alarm initiating device and the current sensitivity of each smoke detector. 7 . 5 The manufacturer or authorized distributor (by definition, "installer") must 100% test all site- specific software functions for the system and then provide a detailed report or check list showing the system's operational matrix. This documentation must be part of the " System Status and Programming Report" described in 7 .4. 7.6 Upon completion of the installation and its programming, the installer's technician shall test every alarm initiating device for proper response and indication, and all alarm notification appliances for effectiveness. The HVAC smoke damper function shall also be tested and then reset. The AHJ must be notified in advance of these 100% tests, to permit witnessing them if desired. 7 . 7 The installer must fill out and submit the following documentation to the owner, through the engineer, prior to the AHJ's system acceptance inspection : 1 . Completion documents conforming to NFPA 72 — 2007 Section 4.5 .2 . Use these forms (no substitutes) to detail the system installation and also to certify that: (a.) It was done per Code, and (b.) The Code-required 100% test was performed. The fire alarm installer (manufacturer or authorized distributor's technician) must sign this form. If a representative of the AHJ, owner, or engineer witnesses the tests, in whole or in part, they must also sign the form to signify that fact only (annotating the form as needed to clarify their limited role). 2. Reserved. 16965 FIRE DETECTION & ALARM SYSTEM Page 8 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 3 . The System Status and Programming Report described in 7 .4. This must be generated on the day of the system acceptance inspection. 7. 8 Reserved. 7 .9 The fire alarm system will be inspected, with portions of it functionally tested, as directed by the AHJ. This will normally include the use of appropriate means to simulate smoke for testing detectors, as well as functionally testing the system interface with the off-premises central station. This statistical (sampling) inspection is intended to assure that the contractor has properly installed the system and performed the 100% operational test as required by NFPA 72 . The electrical contractor shall provide two-way radios, ladders, and any other materials needed for testing the system, including a suitable smoke source. 8.0 System Documentation, Owner Training, and Spare Parts : 8 . 1 In addition to the Shop Drawing submittal described in 1 .2, the fire alarm system contractor shall provide the engineer two bound copies of the following technical information, for transmittal to the owner: ( 1 ) As-Built wiring diagram showing all loop numbers with their respective devices plus terminal numbers where they connect to control equipment, (2) Manufacturers detailed maintenance requirements, (3) Technical literature on all control equipment, isolation modules , power supplies, alarm/supervisory signal initiating devices, alarm notification appliances, relays, etc, (4) The as-built "calculations" sheet referenced in paragraph 1 . 14. 8 .2 Complete configuration data (site-specific programming) for the system must be stored on electronic media and archived by the fire alarm system manufacturer or authorized distributor. A diskette or CD copy of this data shall be submitted to the engineer for transmission to the owner on the day the system is commissioned. 8 .3 The manufacturer, or authorized distributor, must maintain software version (VER) records on the system installed. The system software shall be upgraded free of any charge if a new VER is released during the warranty period. For new VER to correct operating problems, free upgrade shall apply during the entire life of the system. 8 .4 Basic operating instructions shall be framed and permanently mounted at the FACU. (If the owner concurs, they may instead be affixed to the inside of the FACU's door.) In addition, the NFPA 72 "Record of Completion" (see 7. 7) must either be kept at/in the FACU, or its location shall be permanently indicated there by engraved label . 8 .5 Provide an engraved label inside the FACU identifying its 120vac power source, as follows: Panelboard location, panelboard identification, and branch circuit number. 8.6 The manufacturer's authorized representative must instruct the owners designated employees in operation of the system, and in all required periodic maintenance. A minimum of 2 hours on- site time will be allocated for this purpose and, for those facilities operating on a 24-hour basis (prisons, hospitals, etc.), one additional hour of instruction will be individually provided for the 2nd and 3rd shift. Two copies of a written, bound summary will be provided, for future reference. 16965 FIRE DETECTION & ALARM SYSTEM Page 9 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 3 . The System Status and Programming Report described in 7 .4. This must be generated on the day of the system acceptance inspection. 7. 8 Reserved. 7 .9 The fire alarm system will be inspected, with portions of it functionally tested, as directed by the AHJ. This will normally include the use of appropriate means to simulate smoke for testing detectors, as well as functionally testing the system interface with the off-premises central station. This statistical (sampling) inspection is intended to assure that the contractor has properly installed the system and performed the 100% operational test as required by NFPA 72 . The electrical contractor shall provide two-way radios, ladders, and any other materials needed for testing the system, including a suitable smoke source. 8.0 System Documentation, Owner Training, and Spare Parts : 8 . 1 In addition to the Shop Drawing submittal described in 1 .2, the fire alarm system contractor shall provide the engineer two bound copies of the following technical information, for transmittal to the owner: ( 1 ) As-Built wiring diagram showing all loop numbers with their respective devices plus terminal numbers where they connect to control equipment, (2) Manufacturers detailed maintenance requirements, (3) Technical literature on all control equipment, isolation modules , power supplies, alarm/supervisory signal initiating devices, alarm notification appliances, relays, etc, (4) The as-built "calculations" sheet referenced in paragraph 1 . 14. 8 .2 Complete configuration data (site-specific programming) for the system must be stored on electronic media and archived by the fire alarm system manufacturer or authorized distributor. A diskette or CD copy of this data shall be submitted to the engineer for transmission to the owner on the day the system is commissioned. 8 .3 The manufacturer, or authorized distributor, must maintain software version (VER) records on the system installed. The system software shall be upgraded free of any charge if a new VER is released during the warranty period. For new VER to correct operating problems, free upgrade shall apply during the entire life of the system. 8 .4 Basic operating instructions shall be framed and permanently mounted at the FACU. (If the owner concurs, they may instead be affixed to the inside of the FACU's door.) In addition, the NFPA 72 "Record of Completion" (see 7. 7) must either be kept at/in the FACU, or its location shall be permanently indicated there by engraved label . 8 .5 Provide an engraved label inside the FACU identifying its 120vac power source, as follows: Panelboard location, panelboard identification, and branch circuit number. 8.6 The manufacturer's authorized representative must instruct the owners designated employees in operation of the system, and in all required periodic maintenance. A minimum of 2 hours on- site time will be allocated for this purpose and, for those facilities operating on a 24-hour basis (prisons, hospitals, etc.), one additional hour of instruction will be individually provided for the 2nd and 3rd shift. Two copies of a written, bound summary will be provided, for future reference. 16965 FIRE DETECTION & ALARM SYSTEM Page 9 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 8.7 The following spare parts shall be provided with the system. Increase decimal quantities to the next higher whole number: • Fuses (If Used). . . . . .. . . . . .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .2 of each size in system • Manual Fire Alarm Boxes. . .. .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . 1 • Indoor Horns/Speakers with Strobes Lights. . . . . . .. .. . . I of installed quantity • Indoor Strobe-only Notification Appliances . . . . . . . . . . . 1 • Heat Detector. . . . . . . . .. . . . . .. . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . l • Spot-Type Smoke Detectors / Sounder Bases. . . . . . . . . I No spares are required for duct smoke detectors. 9.0 Engineer Information. Questions regarding this specification may be posted to Timothy C . Trewyn, PE, Fort Pierce Engineering, 315 S. 7th Street, Fort Pierce, FL, 34950-4228, or by e- mail at ttrew n a,comcast.net. End of Fire Alarm System Specification 16965 FIRE DETECTION & ALARM SYSTEM Page 10 OF 10 FORT PIERCE ENGINEERING, INC. IRC Maintenance 8.7 The following spare parts shall be provided with the system. Increase decimal quantities to the next higher whole number: • Fuses (If Used). . . . . .. . . . . .. . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .2 of each size in system • Manual Fire Alarm Boxes. . .. .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . 1 • Indoor Horns/Speakers with Strobes Lights. . . . . . .. .. . . I of installed quantity • Indoor Strobe-only Notification Appliances . . . . . . . . . . . 1 • Heat Detector. . . . . . . . .. . . . . .. . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . .. . . . . . l • Spot-Type Smoke Detectors / Sounder Bases. . . . . . . . . I No spares are required for duct smoke detectors. 9.0 Engineer Information. Questions regarding this specification may be posted to Timothy C . Trewyn, PE, Fort Pierce Engineering, 315 S. 7th Street, Fort Pierce, FL, 34950-4228, or by e- mail at ttrew n a,comcast.net. End of Fire Alarm System Specification 16965 FIRE DETECTION & ALARM SYSTEM Page 10 OF 10 PRE-BID MEETING SIGN-IN SHEET INDIAN RIVER COUNTY PUBLIC WORKS / ENGINEERING INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX April 29, 2009 NAME COMPANY & ADDRESS PHONE # / FAX # / CELL # FiI AM ADDRESS Pz 1 72 77b- 93R/ c�/ulsC2tre ev , cop T-W Pic-2cr SY&b & kD Lr�3Cn1Nt- F(L- I � PC I � <k�V� VqD 51kCG2uii�yrS � NS 7T1 Z- P7 mIchcke, I any Artds'eLAI pnc. �., � � I � 'yam f P :? 56 22 2. 773 I4;�� \r . la4' r,�ol • (ozeo -got (a0 tz �ge}so�n @ 99 Eo "JJ 7n' Zzo . ,P,, ,, a- 771 r - 77:. szo ozz7 : /x pwf94AW" , crWAn 4C. rY,# 7 77a. V r&j7sz : a ca"rr ti�rv. 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Chris Kafer IRC Engineering David Hays IRC Engineering Jack Jolly IRC Engineering Jerry Davis IRC Purchasing Division David Fleetwood IRC Parks Division Dan Wittenberg IRC Engineering Dennise Cleerdin IRC Engineering Paul Dritenbas Edlund , Dritenbas , Binkley Architects & Associates G . Sean McGuire Carter Associates , Inc. Eric Svoboda Fort Pierce Engineering , Inc. Other — see attached list Addendum No. 2 will be issued by the County shortly after the pre-bid meeting . Questions from the pre-bid meeting and the answers will be documented in the Addendum No . 2 . All RFI 's should be addressed to Chris Kafer and he will decide which Consultant should answer the questions via the Addendum . Ultimately Chris needs to be kept in the loop . There were no site questions for Sean McGuire of Carter Associates . Paul Drittenbas went over major changes which will be detailed in Addendum No . 2 : 3 Buildings : Maintenance Storage Administration (unique hip trusses) Buildings are to be constructed from steel and masonry, with metal roofs . Covered walkway: Connects the maintenance building to the administration building . Over head doors: Changed from aluminum doors on plans to separate galvanized doors . Generator: Belly Tank /Day Tank and the location can be found on the Civil Plans . There weren 't any site lighting questions for Eric Svoboda of Fort Pierce Engineering . None of the buildings are threshold buildings , even though the Administration building has a room that holds 170 occupants . Air compressor size questions just came over the e-mail . There will be clarification on this in the Addendum No 2 . Only the main vents of the buildings are to be painted , not the girts . Vapor retarder (not vapor barrier) must be 10 or 15 mil . plastic. INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX PRE - BID MEETING WEDNESDAY , APRIL 29 , 2009 ATTENDEES : OWNER'S REP . Chris Kafer IRC Engineering David Hays IRC Engineering Jack Jolly IRC Engineering Jerry Davis IRC Purchasing Division David Fleetwood IRC Parks Division Dan Wittenberg IRC Engineering Dennise Cleerdin IRC Engineering Paul Dritenbas Edlund , Dritenbas , Binkley Architects & Associates G . Sean McGuire Carter Associates , Inc. Eric Svoboda Fort Pierce Engineering , Inc. Other — see attached list Addendum No. 2 will be issued by the County shortly after the pre-bid meeting . Questions from the pre-bid meeting and the answers will be documented in the Addendum No . 2 . All RFI 's should be addressed to Chris Kafer and he will decide which Consultant should answer the questions via the Addendum . Ultimately Chris needs to be kept in the loop . There were no site questions for Sean McGuire of Carter Associates . Paul Drittenbas went over major changes which will be detailed in Addendum No . 2 : 3 Buildings : Maintenance Storage Administration (unique hip trusses) Buildings are to be constructed from steel and masonry, with metal roofs . Covered walkway: Connects the maintenance building to the administration building . Over head doors: Changed from aluminum doors on plans to separate galvanized doors . Generator: Belly Tank /Day Tank and the location can be found on the Civil Plans . There weren 't any site lighting questions for Eric Svoboda of Fort Pierce Engineering . None of the buildings are threshold buildings , even though the Administration building has a room that holds 170 occupants . Air compressor size questions just came over the e-mail . There will be clarification on this in the Addendum No 2 . Only the main vents of the buildings are to be painted , not the girts . Vapor retarder (not vapor barrier) must be 10 or 15 mil . plastic. Question : What happens if we need sealer for example and we don 't know that till we get down the road and we have already placed our bid ? Answer: We have an $80,000 Force Account for the unforeseen/unknown . Question : Permits Building Permits are ready to be picked up, cost $4 ,897 . 30 The fee is the contractor's responsibility. Generator Permit is required and needs to be applied for. Contractor must apply for the NOI . Well abandonment Permit is the contractors responsibility. Permanent Fence Permit is not required . Question : Can there be a fund for the permits? Answer: We will check that and put it in Addendum No 2 . Question : Will the projects be awarded using a one lump sum . Answer: The project will be awarded by using the number at the bottom of the Itemized Bid Schedule . We will check all figures . If there is an error in your bid , we will correct the total . Requests to change the Itemized Bid Schedule format are noted and will be reviewed by the County. Question : Are the bid plans going to change? Answer: No , not at this time . Questions : If the bids don 't meet the budget, will the County take out one of the buildings to balance the budget? Answer: The County has the option to eliminate a line item from the Bid Schedule . Sales tax should be included in the bid and will be clearly stated in the next addendum . Sales tax is 7 % for the first $5 ,000 and 6% thereafter. Sales tax is paid on delivery to Indian River County. The County has the right but not the obligation to make purchases on items $25 , 000 or greater. The Risk Management Department said the insurance requirements stand firm for subcontractors as well as prime contractors. There is no water or power available, Contractor will need to provide . AT&T & FPL have not yet been provided plans. The sign-in sheets will be part of the Addendum no . 2 . Eric Svoboda will get a copy of the plans to FL& L . Jerry Davis identified a few items to check before entering a bid . Signatures List of Subcontractors Relationship disclosure must be notarized Bid Bond Bids due no later than 2 :00 P . M . the day of opening . Chris Kafer commented that no more questions will be answered past May 10 . Impact & Utility Fees have been paid by the County. Gopher Tortoise assessment and permitting has been done by Owner. Question : What happens if we need sealer for example and we don 't know that till we get down the road and we have already placed our bid ? Answer: We have an $80,000 Force Account for the unforeseen/unknown . Question : Permits Building Permits are ready to be picked up, cost $4 ,897 . 30 The fee is the contractor's responsibility. Generator Permit is required and needs to be applied for. Contractor must apply for the NOI . Well abandonment Permit is the contractors responsibility. Permanent Fence Permit is not required . Question : Can there be a fund for the permits? Answer: We will check that and put it in Addendum No 2 . Question : Will the projects be awarded using a one lump sum . Answer: The project will be awarded by using the number at the bottom of the Itemized Bid Schedule . We will check all figures . If there is an error in your bid , we will correct the total . Requests to change the Itemized Bid Schedule format are noted and will be reviewed by the County. Question : Are the bid plans going to change? Answer: No , not at this time . Questions : If the bids don 't meet the budget, will the County take out one of the buildings to balance the budget? Answer: The County has the option to eliminate a line item from the Bid Schedule . Sales tax should be included in the bid and will be clearly stated in the next addendum . Sales tax is 7 % for the first $5 ,000 and 6% thereafter. Sales tax is paid on delivery to Indian River County. The County has the right but not the obligation to make purchases on items $25 , 000 or greater. The Risk Management Department said the insurance requirements stand firm for subcontractors as well as prime contractors. There is no water or power available, Contractor will need to provide . AT&T & FPL have not yet been provided plans. The sign-in sheets will be part of the Addendum no . 2 . Eric Svoboda will get a copy of the plans to FL& L . Jerry Davis identified a few items to check before entering a bid . Signatures List of Subcontractors Relationship disclosure must be notarized Bid Bond Bids due no later than 2 :00 P . M . the day of opening . Chris Kafer commented that no more questions will be answered past May 10 . Impact & Utility Fees have been paid by the County. Gopher Tortoise assessment and permitting has been done by Owner. Indian River County �� RIVER Purchasing Division q 180027 1h Street Vero Beach , FL 32960 Phone ( 772 ) 226- 1418 Fax (772) 770-5140 ORI ADDENDUM NO . 3 Date : May 16, 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No . : 2009043 Project No. : 0701 Bili Opening Date : THE BID OPENING DATE IS CHANGED TO WEDNESDAY JUNE 3 2009 AT 2 : 00 P . M . Please note this is a change from the previous bid opening date of May 27 , 2009 . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . All questions about the meaning or intent of the Bidding Documents are to be submitted to the 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 (tie Bidding Documents. Questions received less than fifteen calendar 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. All Bids must be received by the Purchasing Division office located at 1800 271h Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. F �EngiweeringtCapllal Projects\0701 IRC PARKS COMPLEX1AddendumsARC Parks .Maintenance Complex Addendum 43 .doc Indian River County �� RIVER Purchasing Division q 180027 1h Street Vero Beach , FL 32960 Phone ( 772 ) 226- 1418 Fax (772) 770-5140 ORI ADDENDUM NO . 3 Date : May 16, 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No . : 2009043 Project No. : 0701 Bili Opening Date : THE BID OPENING DATE IS CHANGED TO WEDNESDAY JUNE 3 2009 AT 2 : 00 P . M . Please note this is a change from the previous bid opening date of May 27 , 2009 . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents . This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents . All questions about the meaning or intent of the Bidding Documents are to be submitted to the 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 (tie Bidding Documents. Questions received less than fifteen calendar 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. All Bids must be received by the Purchasing Division office located at 1800 271h Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. F �EngiweeringtCapllal Projects\0701 IRC PARKS COMPLEX1AddendumsARC Parks .Maintenance Complex Addendum 43 .doc Addendum MUST be returned with your Bid * * * * * * * * * * * * ADDENDUM NO. 3 is issued b Chris er J afer, E., County Engineer And r Da ' , Purchasing Manager BIDDER Company Name : Name : Title : (Type / Printed) Authorized Signature: Date: Telephone : _ Fax : F9FngineeringTapital ProjectsW701 IRC PARKS COMPLEX�Addendums\IRC Parks Maintenance Complex Addendum N3.doc Addendum MUST be returned with your Bid * * * * * * * * * * * * ADDENDUM NO. 3 is issued b Chris er J afer, E., County Engineer And r Da ' , Purchasing Manager BIDDER Company Name : Name : Title : (Type / Printed) Authorized Signature: Date: Telephone : _ Fax : F9FngineeringTapital ProjectsW701 IRC PARKS COMPLEX�Addendums\IRC Parks Maintenance Complex Addendum N3.doc � givER c Indian River County p Purchasing Division DG7 1800 27th Street Vero Beach, FL 32960 Phone (772) 226- 1418 Fax (772) 770-5140 �LORI�4' ADDENDUM NO . 4 VIA &MAIL Date : May 20, 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No. : 2009043 Project No. : 0701 Bid Opening Date : THE BID OPENING DATE IS CHANGED TO WEDNESDAY, JUNE 10, 2009 AT 2 : 00 P.M. Please note this is a change from the previous bid opening date of June 3 , 2009 . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents and consists of 4 pages attached to this cover sheet. No plan sheets are a part of this addendum. No further questions will be answered regarding the meaning or intent of the bidding documents. All Bids must be received by the Purchasing Division office located at 1800 27`h Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. An Addendum #5 will be issued for this project and will be transmitted no later than May 29, 2009. P:\Engineering\CapilaI Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maimcnance Complex Addendum #4.doe � givER c Indian River County p Purchasing Division DG7 1800 27th Street Vero Beach, FL 32960 Phone (772) 226- 1418 Fax (772) 770-5140 �LORI�4' ADDENDUM NO . 4 VIA &MAIL Date : May 20, 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No. : 2009043 Project No. : 0701 Bid Opening Date : THE BID OPENING DATE IS CHANGED TO WEDNESDAY, JUNE 10, 2009 AT 2 : 00 P.M. Please note this is a change from the previous bid opening date of June 3 , 2009 . TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents and consists of 4 pages attached to this cover sheet. No plan sheets are a part of this addendum. No further questions will be answered regarding the meaning or intent of the bidding documents. All Bids must be received by the Purchasing Division office located at 1800 27`h Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. An Addendum #5 will be issued for this project and will be transmitted no later than May 29, 2009. P:\Engineering\CapilaI Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maimcnance Complex Addendum #4.doe s. Item # 1 : LIGHTING CONTROL SENSORS : Note for clarification- There are no motion sensors indicated for lighting control because 2004 FBC Section 13 -415 . 1 . ABC. 1 . I does not require lighting control systems for interior spaces in buildings of less than 5000 square feet. All three buildings are less than 5 ,000 square feet each. Exterior lighting control is provided by an electro-mechanical timer. Item #2 : ALUMINUM WINDOWS : Specifications Section 08520- Section 1 .02 , (A) : An approved, or equal , manufacturer is Sol-A-Trol Aluminum Products, Miami, FL, Ph : 305-681 -2020. Item #3 : INTERCOM SYSTEM : All references to an intercom system shall be deleted. There will be no intercom system in any of the buildings. Item #4 : CHALKBOARDS, MARKERBOARDS AND TACKBOARDS : Specifications Section 10100- An acceptable, or equal , manufacturer is American Visual Display Products, LLC. Theresa Cahill representative at tcahilKi>acs- win .com . Phone : 334- 514-4524 . Item45: ALUMINUM WALKWAY COVERS : Specifications Section 10531 - An acceptable, or equal , manufacturer is American Walkway Covers , LLC . Note : the following is additional information on structural loading ( See also Addendum #2 , item #23 ). Walkway covers shall meet the following Structural criteria : a. 135 mph wind, ( 3 second gusts), ( 1 .0 importance factor), b . Exposure B, ( open structure), c. Use factor 1 .0, d . Meet Section 1609, FBC 2004 w/ 2007 amendments , and e. Meet ASCE 7-02 . Item #6 : WALL INSULATION : Architectural Sheets, Sections B/A- 10 and C/A- 10 call out R- 19 vinyl-faced fiberglass wall insulation. Installation of the R- 19 insulation shall be let-in between the wall gins, in lieu of compressing the insulation between the vertical panel back and the wall girts. Utilize adhesive mounted pin mounts, or a similar approved mounting system, to secure the insulation to the flat back section of the 12" wide X 1 %" deep flush face mounted wall panels. (See Item # 12 of this Addendum for wall panel description) . Center to center of pins as required to insure a unifomi and secure installation of the batt insulation . Trim any protruding ends on installed pins to prevent injury. Item #7: MAIN DISCONNECT AT ADMINISTRATION BUILDING : Sheet E-6 calls for an 800 amp utility meter. Note : the main disconnect shall be revised downward to 600 amp. The 600 amp meter sockets and Class 480 meters are commercially available. Item #8 : ELECTRICAL SERVICE: Note, the electrical service shall remain single phase as designed. Item #9 : FI - FOIL PRODUCT : Building Section A/A- 10 : the Fi-Foil product called out at the ceiling assembly shall be model "Radiant Shield NT' or the equivalent Fi -Foil product simply called "Radiant Shield" . This is a perforated product with vapor Page I F:\Engineering\Capital Projecls.0701 IRC PARKS COMPLX\Addendums\IRC Parks Maintenance Complex Addendum #4.doc s. Item # 1 : LIGHTING CONTROL SENSORS : Note for clarification- There are no motion sensors indicated for lighting control because 2004 FBC Section 13 -415 . 1 . ABC. 1 . I does not require lighting control systems for interior spaces in buildings of less than 5000 square feet. All three buildings are less than 5 ,000 square feet each. Exterior lighting control is provided by an electro-mechanical timer. Item #2 : ALUMINUM WINDOWS : Specifications Section 08520- Section 1 .02 , (A) : An approved, or equal , manufacturer is Sol-A-Trol Aluminum Products, Miami, FL, Ph : 305-681 -2020. Item #3 : INTERCOM SYSTEM : All references to an intercom system shall be deleted. There will be no intercom system in any of the buildings. Item #4 : CHALKBOARDS, MARKERBOARDS AND TACKBOARDS : Specifications Section 10100- An acceptable, or equal , manufacturer is American Visual Display Products, LLC. Theresa Cahill representative at tcahilKi>acs- win .com . Phone : 334- 514-4524 . Item45: ALUMINUM WALKWAY COVERS : Specifications Section 10531 - An acceptable, or equal , manufacturer is American Walkway Covers , LLC . Note : the following is additional information on structural loading ( See also Addendum #2 , item #23 ). Walkway covers shall meet the following Structural criteria : a. 135 mph wind, ( 3 second gusts), ( 1 .0 importance factor), b . Exposure B, ( open structure), c. Use factor 1 .0, d . Meet Section 1609, FBC 2004 w/ 2007 amendments , and e. Meet ASCE 7-02 . Item #6 : WALL INSULATION : Architectural Sheets, Sections B/A- 10 and C/A- 10 call out R- 19 vinyl-faced fiberglass wall insulation. Installation of the R- 19 insulation shall be let-in between the wall gins, in lieu of compressing the insulation between the vertical panel back and the wall girts. Utilize adhesive mounted pin mounts, or a similar approved mounting system, to secure the insulation to the flat back section of the 12" wide X 1 %" deep flush face mounted wall panels. (See Item # 12 of this Addendum for wall panel description) . Center to center of pins as required to insure a unifomi and secure installation of the batt insulation . Trim any protruding ends on installed pins to prevent injury. Item #7: MAIN DISCONNECT AT ADMINISTRATION BUILDING : Sheet E-6 calls for an 800 amp utility meter. Note : the main disconnect shall be revised downward to 600 amp. The 600 amp meter sockets and Class 480 meters are commercially available. Item #8 : ELECTRICAL SERVICE: Note, the electrical service shall remain single phase as designed. Item #9 : FI - FOIL PRODUCT : Building Section A/A- 10 : the Fi-Foil product called out at the ceiling assembly shall be model "Radiant Shield NT' or the equivalent Fi -Foil product simply called "Radiant Shield" . This is a perforated product with vapor Page I F:\Engineering\Capital Projecls.0701 IRC PARKS COMPLX\Addendums\IRC Parks Maintenance Complex Addendum #4.doc permenance of 6 . 5 , ASTM E-96 Water Vapor Permenance of 0. 006 . This product is secured over the first installed batt insulation an affixed to the metal roof purlins with standard metal pin and disk connectors . Lap minimum of 2 inches. No tape required on laps . Manufacturer roll widths may vary to thejob site conditions . Item #10 : DETAIL 3/A-3 : This stainless steel angle detail is typical at all overhead door openings on this project. Item #11 : METAL ROOFING : American Buildings Company ' s 16 inch, Loc-Seam 360 Roof Panel is an acceptable "or equal " to the Englert S2500 series . Adhere to all requirements of Specification Section 13122 and Item # 17 of Addendum #2 . Item # 12 : METAL SIDING AND SOFFIT PANELS : (Delete item 420 of Addendum #2 in it ' s entirety and replace with this item) . Metal Siding and Soffit Panels located on the Maintenance and Storage Buildings shall meet the minimum positive and negative component and cladding pressures stipulated on Sheet S - 1 , when installed per the manufacturer' s approved testing data. Note: these buildings are not within the high velocity hurricane zone as defined by FBC Chapter 2 . Steel wall framing and ceiling framing to receive metal panels shall be at a maximum span of 36 inches on center and a minimum of 16 gauge material. Manufacturer ' s siding and soffit panel product shall have Florida Testing and NOA data . Wall panels shall be installed vertically and matching soffit panels shall be installed perpendicular to the building ridge . This panel system occurs at the ceiling of the break area and at the walls and soffits (underside of overhangs) of the Storage and Maintenance buildings. Color shall match as close as possible to the contractor' s proposed metal roofing manufacturer. The roofing and siding manufacturer may be same company, but is not required. One product, (suggested but not limited to), that meets these requirements is Berridge wall panel model FW- 12 , 24 ga . installed over open sub- framing . Florida Product Approval Number (No. 9781 . 1 ) . Suggested color: Hemlock Green . Item # 13 : OPERABLE SHUTTERS : If a similar profile and designed aluminum shutter can be found by another manufacturer, other than Florida Shutters, that has all the required NOA testing data for the State of Florida, it will be allowed and considered an approved equal. Item #14 : CEILING INSULATION IN ADMINISTRATION BUILDING : Sheet A- 10, Section A/A- IQ depicts the R-28 batt insulation let-in between the roof purlins . Utilize purlin flange clips , nylon mesh, standard pin and disk connectors, or a similar approved method to secure insulation in place . See also, Item #9 of this Addendum . Item #15: PROCELAIN FLOOR TILE: the Mountain Stone Series AV31 Porcelain tile referenced in Addendum #2 , Item #45 , as manufactured by Crossville Ceramics , has been discontinued. A suggested replacement tile is Crossville Ceramics , Color Blox Series, Group l & 2 in 12" X 12 " size. This is available in multiple Colors. Or equal manufacturers will be accepted. Final color to be selected by the Architect during shop drawing submittals phase. Page 2 P:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #4_doc permenance of 6 . 5 , ASTM E-96 Water Vapor Permenance of 0. 006 . This product is secured over the first installed batt insulation an affixed to the metal roof purlins with standard metal pin and disk connectors . Lap minimum of 2 inches. No tape required on laps . Manufacturer roll widths may vary to thejob site conditions . Item #10 : DETAIL 3/A-3 : This stainless steel angle detail is typical at all overhead door openings on this project. Item #11 : METAL ROOFING : American Buildings Company ' s 16 inch, Loc-Seam 360 Roof Panel is an acceptable "or equal " to the Englert S2500 series . Adhere to all requirements of Specification Section 13122 and Item # 17 of Addendum #2 . Item # 12 : METAL SIDING AND SOFFIT PANELS : (Delete item 420 of Addendum #2 in it ' s entirety and replace with this item) . Metal Siding and Soffit Panels located on the Maintenance and Storage Buildings shall meet the minimum positive and negative component and cladding pressures stipulated on Sheet S - 1 , when installed per the manufacturer' s approved testing data. Note: these buildings are not within the high velocity hurricane zone as defined by FBC Chapter 2 . Steel wall framing and ceiling framing to receive metal panels shall be at a maximum span of 36 inches on center and a minimum of 16 gauge material. Manufacturer ' s siding and soffit panel product shall have Florida Testing and NOA data . Wall panels shall be installed vertically and matching soffit panels shall be installed perpendicular to the building ridge . This panel system occurs at the ceiling of the break area and at the walls and soffits (underside of overhangs) of the Storage and Maintenance buildings. Color shall match as close as possible to the contractor' s proposed metal roofing manufacturer. The roofing and siding manufacturer may be same company, but is not required. One product, (suggested but not limited to), that meets these requirements is Berridge wall panel model FW- 12 , 24 ga . installed over open sub- framing . Florida Product Approval Number (No. 9781 . 1 ) . Suggested color: Hemlock Green . Item # 13 : OPERABLE SHUTTERS : If a similar profile and designed aluminum shutter can be found by another manufacturer, other than Florida Shutters, that has all the required NOA testing data for the State of Florida, it will be allowed and considered an approved equal. Item #14 : CEILING INSULATION IN ADMINISTRATION BUILDING : Sheet A- 10, Section A/A- IQ depicts the R-28 batt insulation let-in between the roof purlins . Utilize purlin flange clips , nylon mesh, standard pin and disk connectors, or a similar approved method to secure insulation in place . See also, Item #9 of this Addendum . Item #15: PROCELAIN FLOOR TILE: the Mountain Stone Series AV31 Porcelain tile referenced in Addendum #2 , Item #45 , as manufactured by Crossville Ceramics , has been discontinued. A suggested replacement tile is Crossville Ceramics , Color Blox Series, Group l & 2 in 12" X 12 " size. This is available in multiple Colors. Or equal manufacturers will be accepted. Final color to be selected by the Architect during shop drawing submittals phase. Page 2 P:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #4_doc Item #16: CEDAR FASCIA : On Sheets A-5 and A-6 Building Elevations delete the reference to "T&G" . The fascia shall be 2 X 10 Finger Joint Cedar with all faces primer sealed prior to installation . Section A/A- 10 is correct, and in addition , provide two rows of P .T. 2 X 4 secured to the steel end frame with approved tech fasteners prior to installing the 2 X 10 fascia. The 2 X 4 ' s are shown on the section , but were not called out. Item # 17 : IRRIGATION SYSTEM : All irrigation components to be manufactured by Rain- Bird. Item # 18 : IRRIGATION SYSTEM: All references to 2V4 inch schedule 40 pipe should reference 2 inch schedule 40 pipe. Item #19: IRRIGATION SYSTEM : Additional irrigation heads will be required to provide 100% head to head coverage . Item #20: IRRIGATION SYSTEM : Pop- up sprinklers are to be installed around the Administration Building in areas noted for future ground cover. Item #21 : IRRIGATION SYSTEM : An additional wire will be required for the parking islands in front of the Administration Building. Item #22 : IRRIGATION SYSTEM : The design pump pressure for the project will be determined by the Contractor to insure properly functioning irrigation system. Item #23 : IRRIGATION SYSTEM : Connections shall be made between the 2 inch submain and the 3 inch main line. Item #24: IRRIGATION SYSTEM (Clarification) : All sprinklers to spray away from buildings. Item #25 : PLAN SHEET ABB : Delete Revision 1 Note regarding endangered/threatened species . No inspections for, or relocation of, threatened/endangered species should be included in the bid prices. Item #26 : CLARIFICATION : The two bollards at the rear of the trash enclosure are to protect the masonry wall from the possible impact of the dumpster when the truck delivers and pushes it into the enclosure. The chain-link fence gates at the trash enclosure are to be attached directly to the reinforced masonry columns at the front corners of the enclosure . Page 3 F:\enginecring\Capital Projects\0701 IRC PARKS COM PL EVAddendums•.IRC Parks Maintenance Complex Addendum 04.doe Item #16: CEDAR FASCIA : On Sheets A-5 and A-6 Building Elevations delete the reference to "T&G" . The fascia shall be 2 X 10 Finger Joint Cedar with all faces primer sealed prior to installation . Section A/A- 10 is correct, and in addition , provide two rows of P .T. 2 X 4 secured to the steel end frame with approved tech fasteners prior to installing the 2 X 10 fascia. The 2 X 4 ' s are shown on the section , but were not called out. Item # 17 : IRRIGATION SYSTEM : All irrigation components to be manufactured by Rain- Bird. Item # 18 : IRRIGATION SYSTEM: All references to 2V4 inch schedule 40 pipe should reference 2 inch schedule 40 pipe. Item #19: IRRIGATION SYSTEM : Additional irrigation heads will be required to provide 100% head to head coverage . Item #20: IRRIGATION SYSTEM : Pop- up sprinklers are to be installed around the Administration Building in areas noted for future ground cover. Item #21 : IRRIGATION SYSTEM : An additional wire will be required for the parking islands in front of the Administration Building. Item #22 : IRRIGATION SYSTEM : The design pump pressure for the project will be determined by the Contractor to insure properly functioning irrigation system. Item #23 : IRRIGATION SYSTEM : Connections shall be made between the 2 inch submain and the 3 inch main line. Item #24: IRRIGATION SYSTEM (Clarification) : All sprinklers to spray away from buildings. Item #25 : PLAN SHEET ABB : Delete Revision 1 Note regarding endangered/threatened species . No inspections for, or relocation of, threatened/endangered species should be included in the bid prices. Item #26 : CLARIFICATION : The two bollards at the rear of the trash enclosure are to protect the masonry wall from the possible impact of the dumpster when the truck delivers and pushes it into the enclosure. The chain-link fence gates at the trash enclosure are to be attached directly to the reinforced masonry columns at the front corners of the enclosure . Page 3 F:\enginecring\Capital Projects\0701 IRC PARKS COM PL EVAddendums•.IRC Parks Maintenance Complex Addendum 04.doe 1 * * * * * * * * * * *This Addendum MUST be returned with your Bid * * * * * * * * * * * * ADDENDUM NO. 4 is issued by And Christop r, r County Engineer Jtpiy DaCs, Purchasing Manager BIDDER Company Name : Name : Title: (Type / Print) Authorized Signature : Date : Telephone: Fax : Page 4 F.\Engineering\Capiml ProjectsT701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addcndum 44. doc 1 * * * * * * * * * * *This Addendum MUST be returned with your Bid * * * * * * * * * * * * ADDENDUM NO. 4 is issued by And Christop r, r County Engineer Jtpiy DaCs, Purchasing Manager BIDDER Company Name : Name : Title: (Type / Print) Authorized Signature : Date : Telephone: Fax : Page 4 F.\Engineering\Capiml ProjectsT701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addcndum 44. doc � RIVER Indian River County Purchasing Division 4 Z 1800 271h Street ✓ Vero Beach, FL 32960 Phone (772) 226- 1418 Fax (772) 770-5140 ADDENDUM NO . 5 Date : May 29 , 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No . : 2009043 Project No . : 0701 Bid Opening Date : THE BID OPENING DATE IS WEDNESDAY, JUNE 10 , 2009 AT 2 : 00 P.M. TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents and consists of 13 pages attached to this cover sheet. No further questions will be answered regarding the meaning or intent of the bidding documents. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. FAEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum 45.doc � RIVER Indian River County Purchasing Division 4 Z 1800 271h Street ✓ Vero Beach, FL 32960 Phone (772) 226- 1418 Fax (772) 770-5140 ADDENDUM NO . 5 Date : May 29 , 2009 Project Name : INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX Bid No . : 2009043 Project No . : 0701 Bid Opening Date : THE BID OPENING DATE IS WEDNESDAY, JUNE 10 , 2009 AT 2 : 00 P.M. TO ALL PROSPECTIVE BIDDERS : TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements of the Contract Documents. Therefore, it hereby supersedes anything to the contrary in the Bidding Requirements or contract Documents. This ADDENDUM is hereby made a part of and shall be attached to the subject Bidding Requirements and Contract Documents and consists of 13 pages attached to this cover sheet. No further questions will be answered regarding the meaning or intent of the bidding documents. All Bids must be received by the Purchasing Division office located at 1800 27th Street, Vero Beach, FL 32960 prior to the date and time shown above. Late bids will be returned unopened. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. FAEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum 45.doc Item #I : FIRE ALARM SYSTEM : Bidders should consult with their Fire Alarm supplier for their views on the electrician ' s scope of work. The intent of the bid documents is that precise plans for the fire alarm system are to be prepared by the licensed fire alarm supplier and installer in accordance with the written performance specifications. Item #2 : REVISED PLANSHEETS : The following plans have been modified and are attached. Sheet E-2, rev. #5 , 27 May 09 ; Sheet E- 6, rev. #4, 27 May 09 ; Sheet E-7, rev. #3 , 27 May 09 ; Sheet U- 1 , Rev. # 1 , 26 May 09 ; Sheet U-4, Rev. # 126, May 09. Item #3 : PHONE AND DATA CLARIFICATION: The following items apply to the phone and data symbols depicted on the plans; 1 ) Each location symbolized as a "Communications Information Outlet" shall be equipped with one RJI I telephone socket and one 8P8C WE/SS CAT 6 Ethernet Socket, with a suitable 2 port cover. Ethernet sockets shall be blue. RJ1 I sockets shall be white or gray or tan. Covers shall match power outlet covers in color. 2) Wiring to each RJ1 I telephone socket shall be two twisted pairs. 3) Wiring to each Ethernet socket shall be 8 conductor CAT 6 cable. 4) From each outlet a minimum of fifteen feet of excess cable tail from the conduit opening in the Electric/Phone room shall be left coiled in the Electric/Phone room, with the excess CAT 6 cable to be brought to the northerly half of the TTB and the telephone twisted pairs to the southerly half. Specifications Appendix C Section 16750-Voice and Data Communication Cabling 8 Sheets added. Item #4 : REVISED ITEMIZED BID SCHEDULE : The enclosed Itemized Bid Schedule dated May 29, 2009 should be used for The Contractor' s Bid in lieu of the Itemized Bid Schedule in the original Contract Documents. Please note the change in item #62 "2 inch PVC Sleeve". Item #5 : ASPHALT PAVING: Delete all plan references to SP9 . 5 asphalt on the plans . All asphalt paving will be SP12 . 5 installed in one ( 1 ) 2 inch lift. Item #6 : TRANSFORMER PAD LOCATION : The transformer pad has been specified on the attached Sheet E-2 , rev. #5 , 27 May 2009. See also Addendum #2, item #32 which remains , except note this new transformer location. Item #7 : SECURITY/ALARM PANEL : On the attached Sheet E-2, rev #5 , 27 May 2009, a duplex outlet is now depicted for the Security/Alarm Panel in the Electric/Phone Room. Item #8 : SPECIFICATION SECTION 16750 : A revised specification section has been issued as part of this addendum. Category 6 cable shall be provided and installed by the contractor. Disregard (delete) Addendum #2, Item #46. F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\[RC Parks Maintenance Complex Addendum #5.doc Item #I : FIRE ALARM SYSTEM : Bidders should consult with their Fire Alarm supplier for their views on the electrician ' s scope of work. The intent of the bid documents is that precise plans for the fire alarm system are to be prepared by the licensed fire alarm supplier and installer in accordance with the written performance specifications. Item #2 : REVISED PLANSHEETS : The following plans have been modified and are attached. Sheet E-2, rev. #5 , 27 May 09 ; Sheet E- 6, rev. #4, 27 May 09 ; Sheet E-7, rev. #3 , 27 May 09 ; Sheet U- 1 , Rev. # 1 , 26 May 09 ; Sheet U-4, Rev. # 126, May 09. Item #3 : PHONE AND DATA CLARIFICATION: The following items apply to the phone and data symbols depicted on the plans; 1 ) Each location symbolized as a "Communications Information Outlet" shall be equipped with one RJI I telephone socket and one 8P8C WE/SS CAT 6 Ethernet Socket, with a suitable 2 port cover. Ethernet sockets shall be blue. RJ1 I sockets shall be white or gray or tan. Covers shall match power outlet covers in color. 2) Wiring to each RJ1 I telephone socket shall be two twisted pairs. 3) Wiring to each Ethernet socket shall be 8 conductor CAT 6 cable. 4) From each outlet a minimum of fifteen feet of excess cable tail from the conduit opening in the Electric/Phone room shall be left coiled in the Electric/Phone room, with the excess CAT 6 cable to be brought to the northerly half of the TTB and the telephone twisted pairs to the southerly half. Specifications Appendix C Section 16750-Voice and Data Communication Cabling 8 Sheets added. Item #4 : REVISED ITEMIZED BID SCHEDULE : The enclosed Itemized Bid Schedule dated May 29, 2009 should be used for The Contractor' s Bid in lieu of the Itemized Bid Schedule in the original Contract Documents. Please note the change in item #62 "2 inch PVC Sleeve". Item #5 : ASPHALT PAVING: Delete all plan references to SP9 . 5 asphalt on the plans . All asphalt paving will be SP12 . 5 installed in one ( 1 ) 2 inch lift. Item #6 : TRANSFORMER PAD LOCATION : The transformer pad has been specified on the attached Sheet E-2 , rev. #5 , 27 May 2009. See also Addendum #2, item #32 which remains , except note this new transformer location. Item #7 : SECURITY/ALARM PANEL : On the attached Sheet E-2, rev #5 , 27 May 2009, a duplex outlet is now depicted for the Security/Alarm Panel in the Electric/Phone Room. Item #8 : SPECIFICATION SECTION 16750 : A revised specification section has been issued as part of this addendum. Category 6 cable shall be provided and installed by the contractor. Disregard (delete) Addendum #2, Item #46. F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\[RC Parks Maintenance Complex Addendum #5.doc Attachment : Specifications Appendix C Section 16750 — Voice and Data Communications Cabling — 8 Sheets Revised plans : Sheet E-2 Sheet E-6 Sheet E-7 Sheet U- 1 Utility Plan Sheet U-4 Water Details/Interconnection Plan * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * ADDENDUM NO. 5 is issued byr.�Z / Christo J. K r, r County Engineer And Jer y av , Purchasing Manager BIDDER Company Name: Name: Title: (Type / Print) Authorized Signature : Date : Telephone: Fax: F:\Engineering%Capilal Projects\0701 IRC PARKS COMPLEx\Addendums\IRC Parks Maintenance Complex Addendum #S.doc Attachment : Specifications Appendix C Section 16750 — Voice and Data Communications Cabling — 8 Sheets Revised plans : Sheet E-2 Sheet E-6 Sheet E-7 Sheet U- 1 Utility Plan Sheet U-4 Water Details/Interconnection Plan * * * * * * * * * * * This Addendum MUST be returned with your Bid * * * * * * * * * * * * ADDENDUM NO. 5 is issued byr.�Z / Christo J. K r, r County Engineer And Jer y av , Purchasing Manager BIDDER Company Name: Name: Title: (Type / Print) Authorized Signature : Date : Telephone: Fax: F:\Engineering%Capilal Projects\0701 IRC PARKS COMPLEx\Addendums\IRC Parks Maintenance Complex Addendum #S.doc SECTION 16750 - VOICE AND DATA COMMUNICATION CABLING PARTI - GENERAL 1 . 1 SUMMARY A. This Section includes wire, cable, connecting devices, installation, and testing for wiring systems to be used as signal pathways for voice and high-speed data transmission. The Contractor is to provided and install the components listed in this specification and shown on the plans, which include, but are not limited to the phone/data room backboard unistrut and patch panel, cable terminations on the patch panel cable hangers and conduit from the patch panel to each wall outlet, and the wall outlets. The Contractor shall provide services to test all components from the patch panel to and including each outlet port and shall provide the Owner with written test results per TIA-56813 . 1 .2 SUBMITTALS A . Product Data: For each product indicated. B . Shop Drawings : Include dimensioned plan and elevation views of each individual component. Show equipment assemblies, method of field assembly, workspace requirements, and access for cable connections . 1 . System labeling schedules, including electronic copy of labeling schedules, as specified in Part 3 , in software and format selected by Owner. 2 . Wiring diagrams . Show typical wiring schematics including the following: a. Workstation outlets, jacks, and jack assemblies. b. Patch cords. C. Patch panels. C. Cable Administration Drawings : As specified in Part 3 . D. Field quality-control test reports. E. Operation and maintenance data. 1 .3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, and TIA-568B by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B . Comply with NFPA 70 and TIA-568B . C. 5/29/09 1675 VOICE AND DATA COMMUNICATION CABLING Page 1 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc SECTION 16750 - VOICE AND DATA COMMUNICATION CABLING PARTI - GENERAL 1 . 1 SUMMARY A. This Section includes wire, cable, connecting devices, installation, and testing for wiring systems to be used as signal pathways for voice and high-speed data transmission. The Contractor is to provided and install the components listed in this specification and shown on the plans, which include, but are not limited to the phone/data room backboard unistrut and patch panel, cable terminations on the patch panel cable hangers and conduit from the patch panel to each wall outlet, and the wall outlets. The Contractor shall provide services to test all components from the patch panel to and including each outlet port and shall provide the Owner with written test results per TIA-56813 . 1 .2 SUBMITTALS A . Product Data: For each product indicated. B . Shop Drawings : Include dimensioned plan and elevation views of each individual component. Show equipment assemblies, method of field assembly, workspace requirements, and access for cable connections . 1 . System labeling schedules, including electronic copy of labeling schedules, as specified in Part 3 , in software and format selected by Owner. 2 . Wiring diagrams . Show typical wiring schematics including the following: a. Workstation outlets, jacks, and jack assemblies. b. Patch cords. C. Patch panels. C. Cable Administration Drawings : As specified in Part 3 . D. Field quality-control test reports. E. Operation and maintenance data. 1 .3 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, and TIA-568B by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B . Comply with NFPA 70 and TIA-568B . C. 5/29/09 1675 VOICE AND DATA COMMUNICATION CABLING Page 1 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc 1 .4 COORDINATION A. Coordinate layout ,. voice ut and nlnllatiC And data _ with'd_ n _ telecommunioatiens and LAN equipmeiit suppliers. Using the detail on Sheet E-6, prepare a shop drawing of the phone/data terminal board and submit to the Engineer for approval at least 7 calendar days prior to commencing work on the phone/data terminal board Coordinate service entrance arrangement with local exchange carrier. Coordinate cable pathways and hanger placements with all trades using the space above the ceiling 1 . Meet jointly with telecommunications and LAN equipment suppliers, local exchange carrier representatives, and Owner to exchange information and agree on details of equipment arrangements and installation interfaces. 2 . Record agreements reached in meetings and distribute to other participants. 3 . Adjust arrangements and locations of cross-connect and patch panels in equipment rooms and wiring closets to accommodate and optimize arrangement and space requirements of telephone switch and LAN equipment. PART 2 - PRODUCTS 2 . 1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B . Manufacturers: Subject to compliance with requirements, provide products by one of the following : I . Cable : a. Belden Inc. ; Electronics Division. b. Berk-Tek; an Alcatel Company. C. Brand-Rex Co. ; Unit of BICC Cables Corp. d. Champlain Cable Corporation. e. Chromatic Technologies, Incorporated. f. General Cable Corporation. g. HeLix/HiTemp Cables, Inc. h. ICC . i . Lucent Technologies ; Global Service Provider. j . Mohawk/CDT; a division of Cable Design Technologies . k. Montrose/CDT; a division of Cable Design Technologies. 1. Optical Cable Corporation. M . Panduit Corp . n. Prestolite Wire Corp. o. Remee Products Corp . P. Siecor. q. Superior Essex; Superior Telecommunications Inc . 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 2 of 8 F.\Engineering\Capiml Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum 45.doc 1 .4 COORDINATION A. Coordinate layout ,. voice ut and nlnllatiC And data _ with'd_ n _ telecommunioatiens and LAN equipmeiit suppliers. Using the detail on Sheet E-6, prepare a shop drawing of the phone/data terminal board and submit to the Engineer for approval at least 7 calendar days prior to commencing work on the phone/data terminal board Coordinate service entrance arrangement with local exchange carrier. Coordinate cable pathways and hanger placements with all trades using the space above the ceiling 1 . Meet jointly with telecommunications and LAN equipment suppliers, local exchange carrier representatives, and Owner to exchange information and agree on details of equipment arrangements and installation interfaces. 2 . Record agreements reached in meetings and distribute to other participants. 3 . Adjust arrangements and locations of cross-connect and patch panels in equipment rooms and wiring closets to accommodate and optimize arrangement and space requirements of telephone switch and LAN equipment. PART 2 - PRODUCTS 2 . 1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B . Manufacturers: Subject to compliance with requirements, provide products by one of the following : I . Cable : a. Belden Inc. ; Electronics Division. b. Berk-Tek; an Alcatel Company. C. Brand-Rex Co. ; Unit of BICC Cables Corp. d. Champlain Cable Corporation. e. Chromatic Technologies, Incorporated. f. General Cable Corporation. g. HeLix/HiTemp Cables, Inc. h. ICC . i . Lucent Technologies ; Global Service Provider. j . Mohawk/CDT; a division of Cable Design Technologies . k. Montrose/CDT; a division of Cable Design Technologies. 1. Optical Cable Corporation. M . Panduit Corp . n. Prestolite Wire Corp. o. Remee Products Corp . P. Siecor. q. Superior Essex; Superior Telecommunications Inc . 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 2 of 8 F.\Engineering\Capiml Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum 45.doc 2 . Terminal and Connector Components : a. AMP Incorporated; a Tyco International Ltd. Company. b. Hubbell Premise Wiring. C. Leviton Telecom. d. Lucent Technologies ; Global Service Provider. e. Panduit Corp . f Thomas & Betts Corporation (if conforming to WE/SS) . 2. 2 SYSTEM REQUIREMENTS A. General : Coordinate the features of materials and equipment so they form an integrated system. Match components and interconnections for optimum future performance. 2 . 3 MOUNTING ELEMENTS A . Cable Trays : Comply with Division 16 Section "Cable Trays. " B . Raceways and Boxes: Comply with Division 16 Section "Raceways and Boxes. " C. Backboards: 34-inch ( Iti -loin), interior-grade, fire-retardant-treated plywood. D. Cable Hangers : Non-metallic, Arlington TL20 25 or 50 with clamps as required or equal E. Chatsworth Products, Inc Rack Model 11791 -718 with package of six 11799-001 Cable Management Rings and one 12291 -701 10" dee shelf. helf. 2.4 TWISTED-PAIR CABLES, CONNECTORS, AND TERMINAL EQUIPMENT A. Cables: Listed as complying with Category 56 of TIA/EIA-568-B . B. Conductors: Solid copper. C. UTP Cable: Comply with TIA/EIA-568-AB. Four, thermoplastic-insulated, individually twisted pairs of conductors ; No. 24 AWG, color-coded; enclosed in PVC jacket. p STP ra odEstation G br , r,,mty y:th TTA EIA 568 A Ttte, thermopl stie insulat individually twisted pairs of eanduetors; Ne . 22 AWG , ealer coded, evefall aluminum and aalyeste_ shield and No . 22 AWG, tiiiiied eepper a a in PVC E. UTP and-S'I'P Plenum Cable: Listed for use in air-handling spaces. Features are as specified for cables, conductors, UTP cable, aiid STP workstation cable except materials are modified as required for listing. F. UTP Cable Connecting Hardware: Comply with TIA/EIA-568 -B . IDC type, using modules designed for punch-down caps or tools . 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 3 of 8 F:\Engineering\Capital Project0701 IRC PARKS COMPLEX\Addendums'\IRC Parks Maintenance Complex Addendum 45 .doc 2 . Terminal and Connector Components : a. AMP Incorporated; a Tyco International Ltd. Company. b. Hubbell Premise Wiring. C. Leviton Telecom. d. Lucent Technologies ; Global Service Provider. e. Panduit Corp . f Thomas & Betts Corporation (if conforming to WE/SS) . 2. 2 SYSTEM REQUIREMENTS A. General : Coordinate the features of materials and equipment so they form an integrated system. Match components and interconnections for optimum future performance. 2 . 3 MOUNTING ELEMENTS A . Cable Trays : Comply with Division 16 Section "Cable Trays. " B . Raceways and Boxes: Comply with Division 16 Section "Raceways and Boxes. " C. Backboards: 34-inch ( Iti -loin), interior-grade, fire-retardant-treated plywood. D. Cable Hangers : Non-metallic, Arlington TL20 25 or 50 with clamps as required or equal E. Chatsworth Products, Inc Rack Model 11791 -718 with package of six 11799-001 Cable Management Rings and one 12291 -701 10" dee shelf. helf. 2.4 TWISTED-PAIR CABLES, CONNECTORS, AND TERMINAL EQUIPMENT A. Cables: Listed as complying with Category 56 of TIA/EIA-568-B . B. Conductors: Solid copper. C. UTP Cable: Comply with TIA/EIA-568-AB. Four, thermoplastic-insulated, individually twisted pairs of conductors ; No. 24 AWG, color-coded; enclosed in PVC jacket. p STP ra odEstation G br , r,,mty y:th TTA EIA 568 A Ttte, thermopl stie insulat individually twisted pairs of eanduetors; Ne . 22 AWG , ealer coded, evefall aluminum and aalyeste_ shield and No . 22 AWG, tiiiiied eepper a a in PVC E. UTP and-S'I'P Plenum Cable: Listed for use in air-handling spaces. Features are as specified for cables, conductors, UTP cable, aiid STP workstation cable except materials are modified as required for listing. F. UTP Cable Connecting Hardware: Comply with TIA/EIA-568 -B . IDC type, using modules designed for punch-down caps or tools . 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 3 of 8 F:\Engineering\Capital Project0701 IRC PARKS COMPLEX\Addendums'\IRC Parks Maintenance Complex Addendum 45 .doc I . IDC Terminal Block Modules: Integral with connector bodies, including plugs and jacks where indicated. 2. IDC Connecting Hardware : Consistent throughout Project. G eTn Cable Connecting 14ardstare' r,......1y with TIA /EIA 568 A for e8mieeters, plugs, and jack assemblies. H. Cross-Connect Panel : Modular array of IDC terminal blocks arranged to terminate building cables and permit interconnection between cables . 1 . Number of Terminals per Field: One for each conductor in assigned cables. 2 . Mounting: Rack Backboard. I . Patch Panel : Modular panels housing multiple-numbered jack units with IDC-type connectors at each jack for permanent termination of pair groups of installed cables. 1 . Number of Jacks per Field : One for each four-pair UTP cable or two pair STP eatil indicated. 2. Mounting: Rack 3 . Leviton 69586-U48 or equal. J. Jacks and Jack Assemblies for UTP Cable : Modular, color-coded , RJ 45 81` 8C WE/SS receptacle units with integral IDC-type terminals . T;se keyedjacks for data serr K. UTP Pateh r a Four pair 1.1 in nv inch ( 1200 fnm) lengths, terminated with nr n ., i, . ..t, ... .».... ...... .. .,. , aye.. r. ...go . ... ....w L . STP Patch Cords : Twe pair cables in 44 inch ( 1200 ) lengths, teffainated with STD plug .., „. FnnneCtf. .. :.t b th ends. Mateh . anneetors with pate..., p.1 .:b : papel eanneeters. M . Workstation Outlets : Dual jack-connector assemblies mounted in single or multigang faceplate. 1 . Faceplate: High-impact plastic. Leviton 41080-2*Por equal. 2 . Mounting: Flush, unless otherwise indicated. 2 Legend: FaeteFrJ labeled, t....Y aek "Vaiee" and bott..mjaek "Data, " by silk b �g 2. 5 IDENTIFICATION PRODUCTS A. Comply with Division 16 Section Basic Electrical Materials and Methods and the following: 1 . Cable Labels: Self-adhesive vinyl or vinyl-cloth wraparound tape markers, machine printed with alphanumeric cable designations . Cable numeric designations shall also be placed on wall outlet covers and shall correspond to the appropriate patch panel socket number. 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 4 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc I . IDC Terminal Block Modules: Integral with connector bodies, including plugs and jacks where indicated. 2. IDC Connecting Hardware : Consistent throughout Project. G eTn Cable Connecting 14ardstare' r,......1y with TIA /EIA 568 A for e8mieeters, plugs, and jack assemblies. H. Cross-Connect Panel : Modular array of IDC terminal blocks arranged to terminate building cables and permit interconnection between cables . 1 . Number of Terminals per Field: One for each conductor in assigned cables. 2 . Mounting: Rack Backboard. I . Patch Panel : Modular panels housing multiple-numbered jack units with IDC-type connectors at each jack for permanent termination of pair groups of installed cables. 1 . Number of Jacks per Field : One for each four-pair UTP cable or two pair STP eatil indicated. 2. Mounting: Rack 3 . Leviton 69586-U48 or equal. J. Jacks and Jack Assemblies for UTP Cable : Modular, color-coded , RJ 45 81` 8C WE/SS receptacle units with integral IDC-type terminals . T;se keyedjacks for data serr K. UTP Pateh r a Four pair 1.1 in nv inch ( 1200 fnm) lengths, terminated with nr n ., i, . ..t, ... .».... ...... .. .,. , aye.. r. ...go . ... ....w L . STP Patch Cords : Twe pair cables in 44 inch ( 1200 ) lengths, teffainated with STD plug .., „. FnnneCtf. .. :.t b th ends. Mateh . anneetors with pate..., p.1 .:b : papel eanneeters. M . Workstation Outlets : Dual jack-connector assemblies mounted in single or multigang faceplate. 1 . Faceplate: High-impact plastic. Leviton 41080-2*Por equal. 2 . Mounting: Flush, unless otherwise indicated. 2 Legend: FaeteFrJ labeled, t....Y aek "Vaiee" and bott..mjaek "Data, " by silk b �g 2. 5 IDENTIFICATION PRODUCTS A. Comply with Division 16 Section Basic Electrical Materials and Methods and the following: 1 . Cable Labels: Self-adhesive vinyl or vinyl-cloth wraparound tape markers, machine printed with alphanumeric cable designations . Cable numeric designations shall also be placed on wall outlet covers and shall correspond to the appropriate patch panel socket number. 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 4 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc PART 3 - EXECUTION 3 . 1 APPLICATION OF MEDIA reeffis and wiring elesets and C r r. .« .. between ..cl «not B . Baekbone Cable flof Veiee Service: Use UTP Category [5] eable for runs between equipmen4 rooms and wiring closets and fef runs between wifing elosets . C. Horizontal Cable for Data Service: Use UTP Category 56 cable for runs between wiring closets and workstation outlets. D. Horizontal Cable for Voice Service: Use UTP Category 56 cable for runs between wiring closets and workstation outlets. 3 .2 INSTALLATION A. Wiring Method: Install wiring in raceway andble tray as shown in the detail on Plan Sheet EE=6. _xee t within .,ensole abinet desk and counters. Conceal raceway and wiring except in unfinished spaces. Use cable hangers above ceiling. Use UL-listed plenum cable in environmental air spaces, including plenum ceilings. AF1115 I .e"hedi inst 11 wiring in raeeway and eable tray except within de:'^1 « d counters and a ept : e sible real :« e n.... ees and : g board � , __ _ _ _ _ __ _ _ _ _ ___ _ - _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _____a _r __ _ _ ___ _ _ .. air _ _. ._ _ _ __ _ r __ .. .__._„ spaces.where unelielesed wiring method may be iised. Use UL listed plentim eable in envifenmental C. Install cables using techniques, practices, and methods that are consistent with Category 5 6 rating of components and that ensure Category 5 6 performance of completed and linked signal paths, end to end. D. Install cables without damaging conductors, shield, orjacket. E. Do not bend cables, in handling or in installing, to smaller radii than minimums recommended by manufacturer. F. Pull cables without exceeding cable manufacturer's recommended pulling tensions. 1 . Pull cables simultaneously if more than one is being installed in same raceway. 2. Use pulling compound or lubricant if necessary. Use compounds that will not damage conductor or insulation. 3 . Use pulling means, including fish tape, cable, rope, and basket-weave wire or cable grips, that will not damage media or raceway. 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 5 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc PART 3 - EXECUTION 3 . 1 APPLICATION OF MEDIA reeffis and wiring elesets and C r r. .« .. between ..cl «not B . Baekbone Cable flof Veiee Service: Use UTP Category [5] eable for runs between equipmen4 rooms and wiring closets and fef runs between wifing elosets . C. Horizontal Cable for Data Service: Use UTP Category 56 cable for runs between wiring closets and workstation outlets. D. Horizontal Cable for Voice Service: Use UTP Category 56 cable for runs between wiring closets and workstation outlets. 3 .2 INSTALLATION A. Wiring Method: Install wiring in raceway andble tray as shown in the detail on Plan Sheet EE=6. _xee t within .,ensole abinet desk and counters. Conceal raceway and wiring except in unfinished spaces. Use cable hangers above ceiling. Use UL-listed plenum cable in environmental air spaces, including plenum ceilings. AF1115 I .e"hedi inst 11 wiring in raeeway and eable tray except within de:'^1 « d counters and a ept : e sible real :« e n.... ees and : g board � , __ _ _ _ _ __ _ _ _ _ ___ _ - _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _____a _r __ _ _ ___ _ _ .. air _ _. ._ _ _ __ _ r __ .. .__._„ spaces.where unelielesed wiring method may be iised. Use UL listed plentim eable in envifenmental C. Install cables using techniques, practices, and methods that are consistent with Category 5 6 rating of components and that ensure Category 5 6 performance of completed and linked signal paths, end to end. D. Install cables without damaging conductors, shield, orjacket. E. Do not bend cables, in handling or in installing, to smaller radii than minimums recommended by manufacturer. F. Pull cables without exceeding cable manufacturer's recommended pulling tensions. 1 . Pull cables simultaneously if more than one is being installed in same raceway. 2. Use pulling compound or lubricant if necessary. Use compounds that will not damage conductor or insulation. 3 . Use pulling means, including fish tape, cable, rope, and basket-weave wire or cable grips, that will not damage media or raceway. 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 5 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc G. Install exposed cables parallel and perpendicular to surfaces or exposed structural members and follow surface contours where possible. H. Secure and support cables at intervals not exceeding 30 48 inches (760 mm) and not more than 6 inches ( 150 mm) from cabinets, boxes, fittings, outlets, racks, frames, and terminals. I . Wiring within Wiring Closets and Enclosures : Provide conductors of adequate length . Train conductors to terminal points with rotes with adequate slack for the Chatsworth rack. Use lacing bars to restrain cables, to prevent straining connections, and to prevent bending cables to smaller radii than minimums recommended by manufacturer. J. Separation of Wires : Comply with TIA/EIA-569-AB rules for separating unshielded copper voice and data communication cabling from potential EMI sources, including electrical power lines and equipment. K. Make splices, taps, and terminations only at indicated outlets, terminals, and cross-connect and patch panels using T568A methods. L. Use splice and tap connectors compatible with media types . 3 .3 GROUNDING A. Comply with Division 16 Section " Grounding and Bonding. " B . Ground cable shields, drain conductors, and equipment to eliminate shock hazard and to minimize ground loops, common-mode returns, noise pickup, cross talk, and other impairments. C. Bond shields and drain conductors to ground at only one point in each circuit. D . Signal Ground Terminal : Locate in each equipment room and wiring closet; isolate from power system and equipment grounding. E. Signal Ground Bus : Mount on wall of main equipment room with standoff insulators. F. Signal Ground Backbone Cable: Extend from signal ground bus to signal ground terminal in each equipment room and wiring closet. 3 .4 INSTALLATION IN EQUIPMENT ROOMS AND WIRING CLOSETS A. Install plywood backboards on walls of equipment rooms and wiring closets from floor to ceiling. B. Mount patch panels, terminal strips, and other connecting hardware on backboards, unless otherwise indicated. 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 6 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc G. Install exposed cables parallel and perpendicular to surfaces or exposed structural members and follow surface contours where possible. H. Secure and support cables at intervals not exceeding 30 48 inches (760 mm) and not more than 6 inches ( 150 mm) from cabinets, boxes, fittings, outlets, racks, frames, and terminals. I . Wiring within Wiring Closets and Enclosures : Provide conductors of adequate length . Train conductors to terminal points with rotes with adequate slack for the Chatsworth rack. Use lacing bars to restrain cables, to prevent straining connections, and to prevent bending cables to smaller radii than minimums recommended by manufacturer. J. Separation of Wires : Comply with TIA/EIA-569-AB rules for separating unshielded copper voice and data communication cabling from potential EMI sources, including electrical power lines and equipment. K. Make splices, taps, and terminations only at indicated outlets, terminals, and cross-connect and patch panels using T568A methods. L. Use splice and tap connectors compatible with media types . 3 .3 GROUNDING A. Comply with Division 16 Section " Grounding and Bonding. " B . Ground cable shields, drain conductors, and equipment to eliminate shock hazard and to minimize ground loops, common-mode returns, noise pickup, cross talk, and other impairments. C. Bond shields and drain conductors to ground at only one point in each circuit. D . Signal Ground Terminal : Locate in each equipment room and wiring closet; isolate from power system and equipment grounding. E. Signal Ground Bus : Mount on wall of main equipment room with standoff insulators. F. Signal Ground Backbone Cable: Extend from signal ground bus to signal ground terminal in each equipment room and wiring closet. 3 .4 INSTALLATION IN EQUIPMENT ROOMS AND WIRING CLOSETS A. Install plywood backboards on walls of equipment rooms and wiring closets from floor to ceiling. B. Mount patch panels, terminal strips, and other connecting hardware on backboards, unless otherwise indicated. 5/29/09 16750 VOICE AND DATA COMMUNICATION CABLING Page 6 of 8 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc C. Group connecting hardware for cables into separate logical fields. D . Use patch panels to terminate cables entering the space, unless otherwise indicated. 3 . 5 INSTALLATION STANDARDS A . Comply with requirements in TIA/EIA-568-AB and TIA/EIA-569- 4B . 3 .6 IDENTIFICATION A. In addition to requirements in this Article, comply with applicable requirements in Division 16 Section Basic Electrical Materials and Methods and TIA/EIA-606. B . System: Use a unique,three syllable, alphanumeric designation for each cable, and label cable and jacks, connectors, and terminals to which it connects with same designation. Use logical and systematic designations for facility's architectural arrangement. FiFst Syllable. identifieq and 4oeates equipment room or wifing eleset where cables . eriginate: 3 . ThiEd syllable designates t�Te of Pnedia and position C. Workstation: Label cables within outlet boxes . D Within Connector Fields in Equipment Rooms and Wiring Closets : Label each connector and each discrete unit of cable-terminating and connecting hardware. Where Similar aek a plugs are used for both voice And data cabling, use a differenl-�� and plugs of eaeh senriee. E. Cables, General : Label each cable within 4 inches ( 100 mm) of each termination and tap, where it is accessible in a cabinet or junction or outlet box, and elsewhere as indicated. F . Exposed Cables and Cables in Cable Trays and Wire Troughs : Label each cable at intervals not exceeding 15 feet (4. 5 m) . G. Cable Schedule: Post in prominent location in each equipment room and wiring closet. List incoming and outgoing cables and their designations, origins, and destinations. Protect with rigid frame and clear plastic cover. Furnish an electronic copy of final comprehensive schedules for Project, in software and format selected by Owner. H. Cable Administration Drawings: Show building floor plans with cable administration point labeling. Identify labeling convention and show labels for telecommunications closets, terminal hardware and positions, horizontal cables, work areas and workstation terminal positions, grounding buses and pathways, and equipment grounding conductors. Follow convention of TIA/EIA-606. Furnish electronic record of all drawings, in software and format selected by Owner. 5/29/09 1675 VOICE AND DATA COMMUNICATION CABLING Page 7 of 8 R%Engineering\Capital Projects%0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc C. Group connecting hardware for cables into separate logical fields. D . Use patch panels to terminate cables entering the space, unless otherwise indicated. 3 . 5 INSTALLATION STANDARDS A . Comply with requirements in TIA/EIA-568-AB and TIA/EIA-569- 4B . 3 .6 IDENTIFICATION A. In addition to requirements in this Article, comply with applicable requirements in Division 16 Section Basic Electrical Materials and Methods and TIA/EIA-606. B . System: Use a unique,three syllable, alphanumeric designation for each cable, and label cable and jacks, connectors, and terminals to which it connects with same designation. Use logical and systematic designations for facility's architectural arrangement. FiFst Syllable. identifieq and 4oeates equipment room or wifing eleset where cables . eriginate: 3 . ThiEd syllable designates t�Te of Pnedia and position C. Workstation: Label cables within outlet boxes . D Within Connector Fields in Equipment Rooms and Wiring Closets : Label each connector and each discrete unit of cable-terminating and connecting hardware. Where Similar aek a plugs are used for both voice And data cabling, use a differenl-�� and plugs of eaeh senriee. E. Cables, General : Label each cable within 4 inches ( 100 mm) of each termination and tap, where it is accessible in a cabinet or junction or outlet box, and elsewhere as indicated. F . Exposed Cables and Cables in Cable Trays and Wire Troughs : Label each cable at intervals not exceeding 15 feet (4. 5 m) . G. Cable Schedule: Post in prominent location in each equipment room and wiring closet. List incoming and outgoing cables and their designations, origins, and destinations. Protect with rigid frame and clear plastic cover. Furnish an electronic copy of final comprehensive schedules for Project, in software and format selected by Owner. H. Cable Administration Drawings: Show building floor plans with cable administration point labeling. Identify labeling convention and show labels for telecommunications closets, terminal hardware and positions, horizontal cables, work areas and workstation terminal positions, grounding buses and pathways, and equipment grounding conductors. Follow convention of TIA/EIA-606. Furnish electronic record of all drawings, in software and format selected by Owner. 5/29/09 1675 VOICE AND DATA COMMUNICATION CABLING Page 7 of 8 R%Engineering\Capital Projects%0701 IRC PARKS COMPLEX\Addendums\IRC Parks Maintenance Complex Addendum #5.doc 3 . 7 FIELD QUALITY CONTROL A. Perform the following field tests and inspections and prepare test reports : I . Operational Test: After installation of cables and connectors, demonstrate product capability and compliance with requirements. Test each signal path for end-to-end performance from each end of all pairs installed . Remove temporary connections when tests have been satisfactorily completed. 2. Copper Cable Procedures : Inspect for physical damage and test each conductor signal path for continuity and shorts. Use Class 2 , bidirectional, Category 5 6 tester. Test for faulty connectors, splices, and terminations. Test according to TIA/EIA-TSB67, "Transmission Performance Specifications for Field Testing of Unshielded Twisted-Pair Cabling Systems . " Link performance for UTP cables must meet minimum criteria of TIA/EIA- 568-AB . B. Remove malfunctioning units, replace with new units, and retest as specified above. END OF SECTION 16750 5/29/09 VOICE AND DATA COMMUNICATION CABLING Page 8 of 8 FAEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\1RC Parks Maintenance Complex Addendum 45.doc 3 . 7 FIELD QUALITY CONTROL A. Perform the following field tests and inspections and prepare test reports : I . Operational Test: After installation of cables and connectors, demonstrate product capability and compliance with requirements. Test each signal path for end-to-end performance from each end of all pairs installed . Remove temporary connections when tests have been satisfactorily completed. 2. Copper Cable Procedures : Inspect for physical damage and test each conductor signal path for continuity and shorts. Use Class 2 , bidirectional, Category 5 6 tester. Test for faulty connectors, splices, and terminations. Test according to TIA/EIA-TSB67, "Transmission Performance Specifications for Field Testing of Unshielded Twisted-Pair Cabling Systems . " Link performance for UTP cables must meet minimum criteria of TIA/EIA- 568-AB . B. Remove malfunctioning units, replace with new units, and retest as specified above. END OF SECTION 16750 5/29/09 VOICE AND DATA COMMUNICATION CABLING Page 8 of 8 FAEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Addendums\1RC Parks Maintenance Complex Addendum 45.doc ` Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. TDescription Unit Qry. Unit Price Amount 1 Mobilization L.S . 1 2 Temporary Fence (6' galvanized chain link) L.S. 1 3 Performance Bond L.S. 1 4 Payment Bond L .S. 1 5 As Builts L. S. 1 6 Erosion Controls (includes NPDES Compliance) L. S. 1 7 Construction Staking (layout) L.S. 1 8 ISite Clearing & Grubbing Acre 4.05 9 Abandon (close) Existing Well EA. 1 10 Regular Excavation C.Y. 2 ,681 11 Fill / Embankment (includes imported material) C.Y. 41231 12 Concrete Sidewalk (4" thick) S.F . 11042 13 Concrete Pavement (6" thick) S.F. 288 14 Asphalt Pavement, Type SP-12.5 (2" thick) S.Y. 81154 15 Coquina Base (8"thick) S.Y. 81347 16 Stabilized Subgrade (12" thick) S.Y. 89552 17 Striping, White 6" (parking spaces) L. F. 1 1 ,507 18 Striping, Blue 6" (H/C parking spaces) L.F . 160 19 Striping , White 24" (stop bars) L. F. 97 20 Striping , Double Yellow 6" L. F. 50 21 H/C Symbol EA. 4 F:1Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\IRC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 1 ` Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. TDescription Unit Qry. Unit Price Amount 1 Mobilization L.S . 1 2 Temporary Fence (6' galvanized chain link) L.S. 1 3 Performance Bond L.S. 1 4 Payment Bond L .S. 1 5 As Builts L. S. 1 6 Erosion Controls (includes NPDES Compliance) L. S. 1 7 Construction Staking (layout) L.S. 1 8 ISite Clearing & Grubbing Acre 4.05 9 Abandon (close) Existing Well EA. 1 10 Regular Excavation C.Y. 2 ,681 11 Fill / Embankment (includes imported material) C.Y. 41231 12 Concrete Sidewalk (4" thick) S.F . 11042 13 Concrete Pavement (6" thick) S.F. 288 14 Asphalt Pavement, Type SP-12.5 (2" thick) S.Y. 81154 15 Coquina Base (8"thick) S.Y. 81347 16 Stabilized Subgrade (12" thick) S.Y. 89552 17 Striping, White 6" (parking spaces) L. F. 1 1 ,507 18 Striping, Blue 6" (H/C parking spaces) L.F . 160 19 Striping , White 24" (stop bars) L. F. 97 20 Striping , Double Yellow 6" L. F. 50 21 H/C Symbol EA. 4 F:1Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\IRC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 1 Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. Description Unit Qty. Unit Price Amount 22 Stop Sign , R1 -1 EA. 3 23 H/C Signs, FTP-20-04 and FTP-22-04 EA. 4 24 Concrete Wheel Stop EA. 77 25 Curbing Concrete , Type 'D' L.F. 124 26 Dumpster Enclosure, Concrete Block w/Fence Gates EA. 1 27 Type "E" Inlet EA. 5 28 Type "E" Control Structure EA. 1 29 Concrete Endwall , 24" Diameter EA. 2 30 Mitered End Section, 18" Diameter EA. 4 31 18" RCP L. F. 558 32 24" RCP L. F. 221 33 18 " CMP (Aluminized Steel) L. F. 33 34 Fencing, 6' Galvanized Chain Link (permanent) L. F . 15103 35 Fence Gate, 5' Wide Swing EA. 1 36 Fence Gate , 24' Wide Cantilever w/KNOX Padlock EA. 2 37 Gravity Retaining Wall S. F. 197 Utility Conduits, 4" PVC Schedule 40 (electric, phone, 38 fiberoptic, cable) L. F. 758 39 Site Lighting (poles, fixtures and wiring) EA. 9 40 4"x6" Sanitary Sewer Connection EA, 2 41 4"x4" Sanitary Sewer Connection EA, 2 42 6" PVC Sanitary Sewer L.F. 265 43 4" PVC Sanitary Sewer L. F. 70 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\IRC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 2 Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. Description Unit Qty. Unit Price Amount 22 Stop Sign , R1 -1 EA. 3 23 H/C Signs, FTP-20-04 and FTP-22-04 EA. 4 24 Concrete Wheel Stop EA. 77 25 Curbing Concrete , Type 'D' L.F. 124 26 Dumpster Enclosure, Concrete Block w/Fence Gates EA. 1 27 Type "E" Inlet EA. 5 28 Type "E" Control Structure EA. 1 29 Concrete Endwall , 24" Diameter EA. 2 30 Mitered End Section, 18" Diameter EA. 4 31 18" RCP L. F. 558 32 24" RCP L. F. 221 33 18 " CMP (Aluminized Steel) L. F. 33 34 Fencing, 6' Galvanized Chain Link (permanent) L. F . 15103 35 Fence Gate, 5' Wide Swing EA. 1 36 Fence Gate , 24' Wide Cantilever w/KNOX Padlock EA. 2 37 Gravity Retaining Wall S. F. 197 Utility Conduits, 4" PVC Schedule 40 (electric, phone, 38 fiberoptic, cable) L. F. 758 39 Site Lighting (poles, fixtures and wiring) EA. 9 40 4"x6" Sanitary Sewer Connection EA, 2 41 4"x4" Sanitary Sewer Connection EA, 2 42 6" PVC Sanitary Sewer L.F. 265 43 4" PVC Sanitary Sewer L. F. 70 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\IRC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 2 Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. Description Unit Qty. Unit Price Amount 44 Sanitary Sewer Cleanout (6") EA. 2 45 Sanitary Sewer Cleanout (4") EA. 1 46 Lift Station EA. 1 47 2" P. E . Force Main L.F. 206 Force Main Connection with 6"x4" Tapping Saddle and Valve, 4" Plug with 2" Tapped Hole, and 2" MIPT X 48 Compression Coupling EA. 1 49 Tree Preservation and Relocation L.S. 1 Irrigation System (complete ; including well, pump, pipes , 50 valves, electric service, control wiring and sprinkler heads L. S. 1 Bald Cypress Tree 12' High x 6' Spread x 3" Caliper (Florida 51 #1 ) EA. 10 52 Live Oak Tree 12' High x 6' Spread x 3 " Caliper (Florida #1 ) EA. 12 Sweet Bay Magnolia Tree 12' High x 6' Spread x 3" Caliper 53 (Florida #1 ) EA, 8 East Palatka Holly Tree 12' High x 6' Spread x 3" Caliper 54 (Florida #11 ) EA, 8 Florida Elm Tree 12' High x 6' Spread x 3" Caliper (Florida 55 #1 ) EA, 4 56 Red Maple Tree 12' High x 6' Spread x 3" Caliper (Florida #1 ) EA. 6 57 Crape Myrtle 2" Caliper in 15 Gallon Pot (Florida #1 ) EA. 6 58 Walters Viburum 3' High in 7 Gallon Pot (Florida #1 ) EA. 75 59 Sod (Bahia) S.Y. 99778 60 Directional Bore (3" P. E. Sleeve) ^I W ; 9) J c .r , . L.F. 1 77 61 3" PVC Sleeve i< - iW6 Lk) ! L.F. 40 bo '+ 37 ' ; I I2� k 160 9 'Iv Lir . 62 2" PVC Sleeve with Appurtenances L. F. 1810 Water Main Connection with 2 "x1 -1 /2" Reducing Tee and 63 1 -1 /2" Corporation Stop EA. 1 64 2" Compound Meter with Above Ground RPZ EA. 1 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance CompleXd RC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 3 Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. Description Unit Qty. Unit Price Amount 44 Sanitary Sewer Cleanout (6") EA. 2 45 Sanitary Sewer Cleanout (4") EA. 1 46 Lift Station EA. 1 47 2" P. E . Force Main L.F. 206 Force Main Connection with 6"x4" Tapping Saddle and Valve, 4" Plug with 2" Tapped Hole, and 2" MIPT X 48 Compression Coupling EA. 1 49 Tree Preservation and Relocation L.S. 1 Irrigation System (complete ; including well, pump, pipes , 50 valves, electric service, control wiring and sprinkler heads L. S. 1 Bald Cypress Tree 12' High x 6' Spread x 3" Caliper (Florida 51 #1 ) EA. 10 52 Live Oak Tree 12' High x 6' Spread x 3 " Caliper (Florida #1 ) EA. 12 Sweet Bay Magnolia Tree 12' High x 6' Spread x 3" Caliper 53 (Florida #1 ) EA, 8 East Palatka Holly Tree 12' High x 6' Spread x 3" Caliper 54 (Florida #11 ) EA, 8 Florida Elm Tree 12' High x 6' Spread x 3" Caliper (Florida 55 #1 ) EA, 4 56 Red Maple Tree 12' High x 6' Spread x 3" Caliper (Florida #1 ) EA. 6 57 Crape Myrtle 2" Caliper in 15 Gallon Pot (Florida #1 ) EA. 6 58 Walters Viburum 3' High in 7 Gallon Pot (Florida #1 ) EA. 75 59 Sod (Bahia) S.Y. 99778 60 Directional Bore (3" P. E. Sleeve) ^I W ; 9) J c .r , . L.F. 1 77 61 3" PVC Sleeve i< - iW6 Lk) ! L.F. 40 bo '+ 37 ' ; I I2� k 160 9 'Iv Lir . 62 2" PVC Sleeve with Appurtenances L. F. 1810 Water Main Connection with 2 "x1 -1 /2" Reducing Tee and 63 1 -1 /2" Corporation Stop EA. 1 64 2" Compound Meter with Above Ground RPZ EA. 1 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance CompleXd RC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 3 Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. Description Unit City. Unit Price Amount 65 P. E. Water Service Tubing , 1 -112" L. F. 287 66 P. E . Water Service Tubing, 1 " L. F. 342 67 Bacteriological Sampling and Testing L. S. 1 Construct Administration Building Including Slab, Building, Doors , Windows and All Items as Indicated on the Plans and 68 in the Specifications Complete and Ready for Use. L.S. 1 Construct Maintenance Building Including Slab, Building, Doors, Windows and all Items as Indicated on the Plans and in the Specifications Complete and Ready for Use (including 69 covered walkway to administration building). Construct Storage Bay Building Including Slab , Building , Doors, Windows and All Items as Indicated on the Plans and 70 in the Specifications Complete and Ready for Use. L. S. 1 71 Force Account L.S. 1 803000.00 80 ,000. 00 TOTAL BID AMOUNT LS = Lump Sum LF = Linear Foot ED - Each Day CY = Cubic Yard SY = Square Yard TN = Ton EA = Each SF = Square Foot AS = ASSEMBLY TOTAL BID BID AMOUNT IN WORDS: SUMMARY - ITEMIZED BID SCHEDULE PROJECT NAME: BIDDER'S NAME : F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEMContract Documents Eng\IRC Parks Maintenance Complex\IRC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 4 Bidder's Name ADDENDUM #5 Date ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5/29/09 Item No. Description Unit City. Unit Price Amount 65 P. E. Water Service Tubing , 1 -112" L. F. 287 66 P. E . Water Service Tubing, 1 " L. F. 342 67 Bacteriological Sampling and Testing L. S. 1 Construct Administration Building Including Slab, Building, Doors , Windows and All Items as Indicated on the Plans and 68 in the Specifications Complete and Ready for Use. L.S. 1 Construct Maintenance Building Including Slab, Building, Doors, Windows and all Items as Indicated on the Plans and in the Specifications Complete and Ready for Use (including 69 covered walkway to administration building). Construct Storage Bay Building Including Slab , Building , Doors, Windows and All Items as Indicated on the Plans and 70 in the Specifications Complete and Ready for Use. L. S. 1 71 Force Account L.S. 1 803000.00 80 ,000. 00 TOTAL BID AMOUNT LS = Lump Sum LF = Linear Foot ED - Each Day CY = Cubic Yard SY = Square Yard TN = Ton EA = Each SF = Square Foot AS = ASSEMBLY TOTAL BID BID AMOUNT IN WORDS: SUMMARY - ITEMIZED BID SCHEDULE PROJECT NAME: BIDDER'S NAME : F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEMContract Documents Eng\IRC Parks Maintenance Complex\IRC Parks Maintenance Complex Blank Itemized Bid Schedule.xls 4 TABLE OF CONTENTS Section No . Title DIVISION 0 - BIDDING DOCUMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300- 1 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010- 1 F:1Engineering4Capital Projects10701 IRC PARKS COMPLEXIContract Documents Eng\IRC Parks Maintenance Complex100010 - Table of Contents - REV 04-07.doc TABLE OF CONTENTS Section No . Title DIVISION 0 - BIDDING DOCUMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00001 Cover Sheet 00010 Table of Contents BIDDING DOCUMENTS 00100 Advertisement for Bids 00200 Instructions to Bidders 00300- 1 Bid Package Contents 00310 Bid Form & Itemized Bid Schedule 00430 Bid Bond 00452 Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships 00454 Sworn Statement under the Florida Trench Safety Act 00456 Qualifications Questionnaire 00458 List of Subcontractors CONTRACT FORMS 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00630 Certificate of Substantial Completion 00632 Contractor's Final Certification of the Work CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions 00942 Change Order Form 00946 Field Order Form 00948 Work Change Directive 00010- 1 F:1Engineering4Capital Projects10701 IRC PARKS COMPLEXIContract Documents Eng\IRC Parks Maintenance Complex100010 - Table of Contents - REV 04-07.doc APPENDIX 'A' PERMITS APPENDIX ` B ' PORTION OF FLORIDA EROSION & SEDIMENT CONTROL INSPECTOR MANUAL APPENDIX 'C ' TECHNICAL SPECIFICATIONS + + END OF TABLE OF CONTENTS + + 00010-2 F:1Engineering%capital Projects10701 IRC PARKS COMPLEX1Contract Documents Eng11RC Parks Maintenance Complex100010 - Table of Contents - REV 04-07.doc APPENDIX 'A' PERMITS APPENDIX ` B ' PORTION OF FLORIDA EROSION & SEDIMENT CONTROL INSPECTOR MANUAL APPENDIX 'C ' TECHNICAL SPECIFICATIONS + + END OF TABLE OF CONTENTS + + 00010-2 F:1Engineering%capital Projects10701 IRC PARKS COMPLEX1Contract Documents Eng11RC Parks Maintenance Complex100010 - Table of Contents - REV 04-07.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127"' Street, Vero Beach, Florida 32960 D �z z y Telephone : (772 ) 567-8000 FAX : ( 772 ) 770-5140 ADVERTISEMENT FORBIDS Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday, May 20, 2009. 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 for Indian River County Project No . 2009043 IRC Parks Maintenance Complex" . Bids should be addressed to The Purchasing Division , located at 1800 27th Street, Building B' , Vero Beach , Florida 32960. All bids will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M. , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 2009043 INDIAN RIVER COUNTY BID NO. 0701 PROJECT DESCRIPTION: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77u' Street (Hobart Road), between 58t'' Avenue (Kings Highway) and IRFWCD lateral `G' canal. These improvements will include, but not be limited to utilities, paving, drainage, grading, landscaping, irrigation work and the construction of a 3600 square foot office building, a maintenance building and a storage bay. 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 Public Works Department/Engineering Division, 1801 27th Vero Beach, Florida , 32960, (772) 226 Street, Bldg . 'A' , - 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River Count v in the amount of $200. 00 for each set, which represents a non refundable cost of printing and handling. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State — F:1Engineering\Capital ProjecisW701 IRC PARKS COMPLEX1Conlraq Document00100 - 1 00100 - Advertisement for Bids Rev 0407 s Eng11RC Parks Maintenance complex1001 DD - Advertisement for Bids Rev 04 07.doc SECTION 00100 - Advertisement for Bids BOARD OF COUNTY COMMISSIONERS 180127"' Street, Vero Beach, Florida 32960 D �z z y Telephone : (772 ) 567-8000 FAX : ( 772 ) 770-5140 ADVERTISEMENT FORBIDS Sealed bids will be received by Indian River County until 2 : 00 PM on Wednesday, May 20, 2009. 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 for Indian River County Project No . 2009043 IRC Parks Maintenance Complex" . Bids should be addressed to The Purchasing Division , located at 1800 27th Street, Building B' , Vero Beach , Florida 32960. All bids will be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M. , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 2009043 INDIAN RIVER COUNTY BID NO. 0701 PROJECT DESCRIPTION: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77u' Street (Hobart Road), between 58t'' Avenue (Kings Highway) and IRFWCD lateral `G' canal. These improvements will include, but not be limited to utilities, paving, drainage, grading, landscaping, irrigation work and the construction of a 3600 square foot office building, a maintenance building and a storage bay. 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 Public Works Department/Engineering Division, 1801 27th Vero Beach, Florida , 32960, (772) 226 Street, Bldg . 'A' , - 1283 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River Count v in the amount of $200. 00 for each set, which represents a non refundable cost of printing and handling. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID SECURITY must accompany each Bid , and must be in the form of an AIA Document A310 Bid Bond , properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State — F:1Engineering\Capital ProjecisW701 IRC PARKS COMPLEX1Conlraq Document00100 - 1 00100 - Advertisement for Bids Rev 0407 s Eng11RC Parks Maintenance complex1001 DD - Advertisement for Bids Rev 04 07.doc of Florida. - Bid Security must be in the sum of not less than Five Percent (5 %) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, Bidder will enter into Contract with the County and furnish the required 100% Performance Bond and 100% Payment Bond within the time frame set by the County. If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as a penalty . 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 judgement, will serve the best interest of Indian River County, Florida . The County will not reimburse any Bidder for bid preparation costs . A Pre- Bid Conference will be held on Wednesday, April 29, 2009 at 10 : 00 AM in conference room Al -303 in Building 'A' of the Indian River County Administration Building located at 1801 27`h Street, Vero Beach , Florida , 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED . INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : Wednesday April 1 2009 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Vero Beach , FL 32960 * * END OF SECTION 00100 - Advertisement for Bids Rev 04_07 B\EngineeringVCapital Projects10701 IRC PARKS COMPLEX1Contract Document DE g\I0 - 2 RC Parks Maintenance Com Ieah00100 - P Advertisement for Bids Rev 04_07.tlac of Florida. - Bid Security must be in the sum of not less than Five Percent (5 %) of the total amount of the bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, Bidder will enter into Contract with the County and furnish the required 100% Performance Bond and 100% Payment Bond within the time frame set by the County. If Bidder fails to do so , the Bid Security shall be retained by the County as liquidated damages and not as a penalty . 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 judgement, will serve the best interest of Indian River County, Florida . The County will not reimburse any Bidder for bid preparation costs . A Pre- Bid Conference will be held on Wednesday, April 29, 2009 at 10 : 00 AM in conference room Al -303 in Building 'A' of the Indian River County Administration Building located at 1801 27`h Street, Vero Beach , Florida , 32960. ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED . INDIAN RIVER COUNTY By: Jerry Davis Purchasing Manager For Publication in the Vero Beach Press Journal Date : Wednesday April 1 2009 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27th Street Vero Beach , FL 32960 * * END OF SECTION 00100 - Advertisement for Bids Rev 04_07 B\EngineeringVCapital Projects10701 IRC PARKS COMPLEX1Contract Document DE g\I0 - 2 RC Parks Maintenance Com Ieah00100 - P Advertisement for Bids Rev 04_07.tlac SECTION 00200 - Instructions to Bidders Article No . - Title TABLE OF CONTENTS Pa" ARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 5 - PRE-BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 - BID SECURITY . . . . . . . . 6 1 5 ARTICLE 9 - CONTRACT TIMES , . . . . 6 5 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 21 - SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 22 - SALES AND USE TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 23 — PUBLIC ENTITY CRIMES STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . 44 . . . . . . 10 ARTICLE 24 - DIRECT PURCHASE OF EQUIPMENT BY THE COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE25 - PARTNERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to B'd erfREV:04-07:.doc) F:IEngineeringlCapital Pmjeclsl0]Ot IRC PARKS COMPLEXIContract DocumentsOO9ORC Parks Maintenance Complex100200 - Instructions to Bi SECTION 00200 - Instructions to Bidders Article No . - Title TABLE OF CONTENTS Pa" ARTICLE 1 - DEFINED TERMS . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 3 - QUALIFICATIONS OF BIDDERS . . . . . . . . . . . . . . . . . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, ANDSITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 5 - PRE-BID CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 - SITE AND OTHER AREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 - INTERPRETATIONS AND ADDENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 8 - BID SECURITY . . . . . . . . 6 1 5 ARTICLE 9 - CONTRACT TIMES , . . . . 6 5 ARTICLE 10 - LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 13 - PREPARATION OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 14 - BASIS OF BID ; EVALUATION OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 15 - SUBMITTAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 17 - OPENING OF BIDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 19 - AWARD OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 20 - CONTRACT SECURITY AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 21 - SIGNING OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 22 - SALES AND USE TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 23 — PUBLIC ENTITY CRIMES STATEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . 44 . . . . . . 10 ARTICLE 24 - DIRECT PURCHASE OF EQUIPMENT BY THE COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE25 - PARTNERING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 00200 - Instructions to B'd erfREV:04-07:.doc) F:IEngineeringlCapital Pmjeclsl0]Ot IRC PARKS COMPLEXIContract DocumentsOO9ORC Parks Maintenance Complex100200 - Instructions to Bi SECTION 00200 - Instructions to Bidders Subject TABLE OF ARTICLES (Alphabetical by Subject) Article Award of Contract . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract Security and Insurance . . . . . . . . . . . . . Contract Times . . . . . . . . . . . . . . . Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Direct Purchase of Equipment by the County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination of Bidding Documents, Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partnering . . . . . . . . . . . . . . . . . . . . . . Pre-Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Entity Crimes Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . Salesand Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or "Or-Equal" Items . . . . . . . . . . . . . . . . . . 0 4 - 11 00200 - Instructions to Bidders REV 04-07.doc F.lEngineering\Capital Projectsl0]01 IRC PARKS COMPLEXIContract Documents 00200 - ii EE g%IIRC Parks Maintenance Com IexW0200 - P Instructions to Bidders REV 04-07.tloc SECTION 00200 - Instructions to Bidders Subject TABLE OF ARTICLES (Alphabetical by Subject) Article Award of Contract . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . Basis of Bid ; Evaluation of Bids . . . . . . . . . . . . . . . . . . BidSecurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Bids to Remain Subject to Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contract Security and Insurance . . . . . . . . . . . . . Contract Times . . . . . . . . . . . . . . . Copiesof Bidding Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DefinedTerms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Direct Purchase of Equipment by the County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination of Bidding Documents, Other Related Data , and Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Interpretations and Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LiquidatedDamages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Modification and Withdrawal of Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Openingof Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Partnering . . . . . . . . . . . . . . . . . . . . . . Pre-Bid Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Preparationof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Entity Crimes Statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualificationsof Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . Salesand Use Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Signingof Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Siteand Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subcontractors , Suppliers and Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Submittalof Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Substitute or "Or-Equal" Items . . . . . . . . . . . . . . . . . . 0 4 - 11 00200 - Instructions to Bidders REV 04-07.doc F.lEngineering\Capital Projectsl0]01 IRC PARKS COMPLEXIContract Documents 00200 - ii EE g%IIRC Parks Maintenance Com IexW0200 - P Instructions to Bidders REV 04-07.tloc SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 .01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 .01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR, at least three projects similar in scope to this project. C . Bidder must have good recommendations from at least three clients similar to the OWNER. D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 3 .02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. F5Engineering\Capital ProjeclsVW01 IRC PARKS COMPLE>�Conlrac[ Documents 00200 - 1 00200 - Instructions to Bidders REV 04-07.doc 05!01 Eng\IRC Parks Maintenance Complexl00200 - Instructions to Bidders REV 04-07.doc Rev. SECTION 00200 - Instructions to Bidders ARTICLE 1 - DEFINED TERMS 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: A. Bidder--The individual or entity who submits a Bid directly to OWNER. B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered . C . Successful Bidder--The lowest responsible Bidder submitting a responsive Bid to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided ) makes an award . ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2 .01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office . 2 . 02 Complete sets of Bidding Documents must be used in preparing Bids ; neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents . 2 . 03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3 .01 To demonstrate Bidder's qualifications to perform the Work, within five days of OWNER's request Bidder shall submit written evidence such as financial data , previous experience , present commitments , and such other data as may be called for below. A. Bidder must have at least five years' experience in the construction of similar projects of this size and larger. B . Bidder must have successfully constructed , as prime CONTRACTOR, at least three projects similar in scope to this project. C . Bidder must have good recommendations from at least three clients similar to the OWNER. D . The Bidder's superintendent and assistants must be qualified and experienced in similar projects in all categories. E . Bidder must be able to provide evidence of authority to conduct business in the jurisdiction in which the project is located. 3 .02 Each bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. F5Engineering\Capital ProjeclsVW01 IRC PARKS COMPLE>�Conlrac[ Documents 00200 - 1 00200 - Instructions to Bidders REV 04-07.doc 05!01 Eng\IRC Parks Maintenance Complexl00200 - Instructions to Bidders REV 04-07.doc Rev. 3 .03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site , if any, that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 .A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A . Refer to Standard General Conditions of the Contract, 4. 04 . 4 . 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, that ENGINEER has used in preparing the Bidding Documents. B . Copies of reports and drawings referenced in paragraph 4 .03 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations, opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4.03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in F]Engineering\Capital Projeds10701 IRC PARKS COMPLEXIContract Documents 00200 - 2 00200 - Instructions to Bidders REV 04-07 .doc 05101 Eng1IRC Parks Maintenance ConpleA00200 - Instructions to Bidders REV 04-07.doc Rev. 3 .03 The OWNER reserves the right to reject bids from Bidders that are unable to meet the listed required qualifications . ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, AND SITE 4 . 01 Subsurface and Physical Conditions A . The Supplementary Conditions identify: 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site , if any, that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that ENGINEER has used in preparing the Bidding Documents . B . Copies of reports and drawings referenced in paragraph 4 . 01 .A will be made available by OWNER to any Bidder on request . Those reports and drawings are not part of the Contract Documents , but the "technical data " contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in paragraph 4 . 02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . 4 . 02 Underground Facilities A . Refer to Standard General Conditions of the Contract, 4. 04 . 4 . 03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site , if any, that ENGINEER has used in preparing the Bidding Documents. B . Copies of reports and drawings referenced in paragraph 4 .03 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 06 of the General Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations, opinions , or information contained in such reports or shown or indicated in such drawings . 4 . 04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities , and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs 4 . 02 , 4.03 , and 4 . 04 of the General Conditions . Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in F]Engineering\Capital Projeds10701 IRC PARKS COMPLEXIContract Documents 00200 - 2 00200 - Instructions to Bidders REV 04-07 .doc 05101 Eng1IRC Parks Maintenance ConpleA00200 - Instructions to Bidders REV 04-07.doc Rev. the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions. 4 .05 Upon receipt of a request to the OWNER (Christopher J . Kafer, Jr. , P. E . 772-226- 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. 4 . 06 This paragraph has been deleted intentionally. 4 .07 It is the responsibility of each Bidder before submitting a Bid to : A. examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE OWNER (CHRISTOPHER J . KAFER, JR. , P . E. ,(772) 226-1221 ) 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 Regulations that may affect cost, progress, or performance of the Work; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 .06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations , explorations, tests, studies, and data concerning conditions (overhead , surface , subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means , methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means , methods, techniques, sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations , explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; E9Engineedng\Capital Projects\0701 IRC PARKS COMPLEXIContract Documents 00200 - 3 00200 - Instructions to Bidders REV 04-07.doc osrot Eng\IRC Paas Maintenance CompleA00200 - Instructions to Bidders REV 04-07.doc Rev. the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in paragraph 4 . 06 of the General Conditions. 4 .05 Upon receipt of a request to the OWNER (Christopher J . Kafer, Jr. , P. E . 772-226- 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. 4 . 06 This paragraph has been deleted intentionally. 4 .07 It is the responsibility of each Bidder before submitting a Bid to : A. examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; B . VISIT THE SITE AFTER CONTACTING THE OWNER (CHRISTOPHER J . KAFER, JR. , P . E. ,(772) 226-1221 ) 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 Regulations that may affect cost, progress, or performance of the Work; D . carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions, and carefully study all reports and drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 .06 of the General Conditions ; E . obtain and carefully study (or assume responsibility for doing so) all additional or supplementary examinations, investigations , explorations, tests, studies, and data concerning conditions (overhead , surface , subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means , methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means , methods, techniques, sequences , and procedures of construction expressly required by the Bidding Documents , and safety precautions and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations , explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G . become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents ; E9Engineedng\Capital Projects\0701 IRC PARKS COMPLEXIContract Documents 00200 - 3 00200 - Instructions to Bidders REV 04-07.doc osrot Eng\IRC Paas Maintenance CompleA00200 - Instructions to Bidders REV 04-07.doc Rev. H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations, investigations , explorations , tests, studies, and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques , sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts , errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5 . 01 The date, time, and location for a Pre-Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . ARTICLE 6 - SITE AND OTHER AREAS 6. 01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . 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. 0 - 4 00200 - Instructions to Bidders REV 04-07.doc FFAE'gineering%Capital Projects0701 IRC PARKS COMPLE=ontract Documents gRC arks Maintenance Com Iex100200 - P Instructions b Bidders REV 04-0].doc Rev. H . correlate the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations, investigations , explorations , tests, studies, and data with the Bidding Documents ; I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder; and J . determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4 . 08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques , sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts , errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5 . 01 The date, time, and location for a Pre-Bid conference, if any, are specified in the Advertisement for Bids. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference . Oral statements may not be relied upon and will not be binding or legally effective . ARTICLE 6 - SITE AND OTHER AREAS 6. 01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR . Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents . 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. 0 - 4 00200 - Instructions to Bidders REV 04-07.doc FFAE'gineering%Capital Projects0701 IRC PARKS COMPLE=ontract Documents gRC arks Maintenance Com Iex100200 - P Instructions b Bidders REV 04-0].doc Rev. items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal " item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors, Suppliers, individuals , or entities proposed for those portions of the. Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 .03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid ," "No Change , " or " Not Applicable" entered . 13 .03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . E:1EngineeringlCapital Protects\0701 IRC PARKS COMPLE%1Contract Document 00200 - 6 00200 - 6 00200 - Instructions to Bidders REV 04-07.doc 05/01 Eng%IRC Parks Maintenance CompleA00200 - Instructions to Bidders REV 04-07.doc Rev. items . Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal " item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may be supplemented in the General Requirements. ARTICLE 12 - SUBCONTRACTORS , SUPPLIERS , AND OTHERS 12 . 01 If the Supplementary Conditions require the identity of certain Subcontractors , Suppliers , individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested , shall within five days after Bid opening , submit to OWNER a list of all such Subcontractors, Suppliers, individuals , or entities proposed for those portions of the. Work for which such identification is required . Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual , or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation , has reasonable objection to any proposed Subcontractor, Supplier, individual , or entity, OWNER may, before the Notice of Award is given , request apparent Successful Bidder to submit a substitute , without an increase in the Bid . 12 . 02 If apparent Successful Bidder declines to make any such substitution , OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors , Suppliers , individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual , or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6 . 06 of the General Conditions . 12 .03 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual , or entity against whom CONTRACTOR has reasonable objection . ARTICLE 13 - PREPARATION OF BID 13 . 01 The Bid form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office . 13 . 02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed . A Bid price shall be indicated for each section , Bid item , alternative , adjustment unit price item , and unit price item listed therein , or the words " No Bid ," "No Change , " or " Not Applicable" entered . 13 .03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign . The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature . E:1EngineeringlCapital Protects\0701 IRC PARKS COMPLE%1Contract Document 00200 - 6 00200 - 6 00200 - Instructions to Bidders REV 04-07.doc 05/01 Eng%IRC Parks Maintenance CompleA00200 - Instructions to Bidders REV 04-07.doc Rev. 13 .04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature. 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 .06 A Bid by an individual shall show the Bidder's name and official address. 13 .07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13 . 08 All names shall be typed or printed in ink below the signatures. 13 .09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form. 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13. 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14 . 01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11 .03 of the General Conditions. C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11 .02 of the General Conditions . 14 .03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere, is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated FftEn05101 neeringlCapital Projects\0]01 IRC PARKS COMPLE%1Conlracl Documents 00200 - 7 00200 - Instructions to Bidders REV 04-07.doc 05701 Eng11RC Parks Maintenance C rrpleA00200 - Instructions to Bidders REV 04-07.doc Rev. 13 .04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign . The official address of the partnership shall be shown below the signature. 13 . 05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign . The state of formation of the firm and the official address of the firm must be shown below the signature . 13 .06 A Bid by an individual shall show the Bidder's name and official address. 13 .07 A Bid by a joint venture shall be executed by each joint venturor in the manner indicated on the Bid form. The official address of the joint venture must be shown below the signature. 13 . 08 All names shall be typed or printed in ink below the signatures. 13 .09 The Bid shall contain an acknowledgment of receipt of all Addenda , the numbers of which shall be filled in on the Bid form. 13 . 10 The address and telephone number for communications regarding the Bid shall be shown . 13. 11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number or county registration number for the state or county of the Project, if any, shall also be shown on the Bid form . 13 . 12 All supporting information requested in the Bid Form must be furnished . Do not leave any questions or requests unanswered . ARTICLE 14 - BASIS OF BID; EVALUATION OF BIDS 14 . 01 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule . B . The total of all estimated prices will be determined as the sum of the products of the estimated quantity of each item and the unit price Bid for the item. The final quantities and Contract Price will be determined in accordance with paragraph 11 .03 of the General Conditions. C . Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in paragraph 11 .02 of the General Conditions . 14 .03 The Bidder's attention is called to the fact that any estimate of quantities of work to be done and materials to be furnished under the Specifications as shown on the Bid Schedule , or elsewhere, is approximate only and not guaranteed . The OWNER does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated FftEn05101 neeringlCapital Projects\0]01 IRC PARKS COMPLE%1Conlracl Documents 00200 - 7 00200 - Instructions to Bidders REV 04-07.doc 05701 Eng11RC Parks Maintenance C rrpleA00200 - Instructions to Bidders REV 04-07.doc Rev. quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15. 01 The Bid form is to be completed and submitted with the Bid security and the following data.. A. Sworn Statement under Section 105. 08, Indian River County Code , on Disclosure of Relationships. B . Sworn Statement under the Florida Trench Safety Act. C . General Information Required of Bidders . D. 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, Project for which the Bid is submitted if applicable , the designated portion of the e and ress of accompanied by the Bid security and other required documents . Ifmail or oltherr, and systbe em :sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope Plainly marked on the outside with the notation "BID ENCLOSED. " A mailed Bid shall be addressed to Indian River County, Purchasing Division , 1800 27th Street, Vero Beach , Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16. 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be subm prior to the date and time for the opening of Bids. itted 16. 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 . OPENING OFF 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. 01Engineering\Capital Projecls107D7 IRC PARKS COMoLEXIContract Document 00200 - 8 Parks Maintenance Com i 0020 o - Instructions to Bidders REV 04-07 R%En p InstrvUions to Bidders REV Dq-07.doc Rey. quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto. ARTICLE 15 - SUBMITTAL OF BID 15. 01 The Bid form is to be completed and submitted with the Bid security and the following data.. A. Sworn Statement under Section 105. 08, Indian River County Code , on Disclosure of Relationships. B . Sworn Statement under the Florida Trench Safety Act. C . General Information Required of Bidders . D. 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, Project for which the Bid is submitted if applicable , the designated portion of the e and ress of accompanied by the Bid security and other required documents . Ifmail or oltherr, and systbe em :sends a Bid, the sealed envelope containing the Bid shall be enclosed in a separate envelope Plainly marked on the outside with the notation "BID ENCLOSED. " A mailed Bid shall be addressed to Indian River County, Purchasing Division , 1800 27th Street, Vero Beach , Florida, 32960. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16. 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be subm prior to the date and time for the opening of Bids. itted 16. 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work. ARTICLE 17 . OPENING OFF 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. 01Engineering\Capital Projecls107D7 IRC PARKS COMoLEXIContract Document 00200 - 8 Parks Maintenance Com i 0020 o - Instructions to Bidders REV 04-07 R%En p InstrvUions to Bidders REV Dq-07.doc Rey. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19. 01 OWNER reserves the right to reject any or all Bids, including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation , to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . 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 . 05101 veering\Capital Projeds10701 IRC PARKS COMPlEXIConlract Document00200 - 9 00200 - Instructions to Bidders REV 04-07.doc s EngVRC Parks Maintenance Complex=200 - Instructions to Bidders REV N 07.doc Rev. 05101 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18 . 01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form , but OWNER may, in its sole discretion , release any Bid and return the Bid security prior to the end of this period . ARTICLE 19 - AWARD OF CONTRACT 19. 01 OWNER reserves the right to reject any or all Bids, including without limitation , nonconforming , nonresponsive , unbalanced , or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation , to be non-responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. The County will not reimburse any Bidder for bid preparation costs . 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 . 05101 veering\Capital Projeds10701 IRC PARKS COMPlEXIConlract Document00200 - 9 00200 - Instructions to Bidders REV 04-07.doc s EngVRC Parks Maintenance Complex=200 - Instructions to Bidders REV N 07.doc Rev. 05101 ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen ( 15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21 .02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 .01 above , the additional time in calendar days, required to correctly complete the documents will be deducted , in equal amount, from the Contract time, or the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . ARTICLE 22 - SALES AND USE TAXES 22 . 01 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work. Exemption No . 85-80126220340-3 . Said taxes shall not be included in the Bid . Refer to paragraph 6 . 10 of the Supplementary Conditions for additional information . ARTICLE 23 — PUBLIC ENTITY CRIMES STATEMENT 23 . 01 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 or real property to a public entity; may not awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287. 017 for CATEGORY TWO [currently $25, 0001 for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid , proposal , reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work , involving antitrust, fraud , theft , bribery, collusion , racketeering , conspiracy, or material misrepresentation . FAEn05101 veering\Capital Projedsl0701 IRC PARKS COMPLEX1Contract Document00200 - 10 00200 - Instructions to Bidders REV 04-07.doc s EngURC Parks Maintenance Complez100200 - Instructions to Bidders REV 04-07.dcc Rev. 05/01 ARTICLE 21 - SIGNING OF AGREEMENT 21 . 01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen ( 15) days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. 21 .02 OWNER shall return one fully signed counterpart to Successful Bidder. 21 . 03 Should Bidder to whom the Contract has been awarded refuse or fail to complete the requirements of Article 21 .01 above , the additional time in calendar days, required to correctly complete the documents will be deducted , in equal amount, from the Contract time, or the OWNER may elect to revoke the Award and the OWNER shall hold the Bid Bond for consequential damages incurred , and the Contract may be awarded as the OWNER desires . ARTICLE 22 - SALES AND USE TAXES 22 . 01 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work. Exemption No . 85-80126220340-3 . Said taxes shall not be included in the Bid . Refer to paragraph 6 . 10 of the Supplementary Conditions for additional information . ARTICLE 23 — PUBLIC ENTITY CRIMES STATEMENT 23 . 01 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 or real property to a public entity; may not awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287. 017 for CATEGORY TWO [currently $25, 0001 for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid , proposal , reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work , involving antitrust, fraud , theft , bribery, collusion , racketeering , conspiracy, or material misrepresentation . FAEn05101 veering\Capital Projedsl0701 IRC PARKS COMPLEX1Contract Document00200 - 10 00200 - Instructions to Bidders REV 04-07.doc s EngURC Parks Maintenance Complez100200 - Instructions to Bidders REV 04-07.dcc Rev. 05/01 ARTICLE 24 - DIRECT PURCHASE OF EQUIPMENT BY THE COUNTY The COUNTY ,desires to comply with the Direct Purchase Procedures set forth in paragraph 24 .01 for single item purchases in an amount of $25 ,000 (Twenty-Five Thousand Dollars) or greater. The CONTRACTOR agrees to cooperate with the COUNTY to enable the COUNTY to comply with the Direct Purchase Procedures set forth in paragraph 24 . 01 for all such purchases . The COUNTY and the CONSULTANT shall coordinate the builder' s risk coverage of each party to comply with the Direct Purchase Procedures set forth in paragraph 24 . 01 for such purchases . 24 . 01 Direct Purchase Procedures A. Administrative guidelines governing the taxability of materials purchased for public works contracts , such as the Project under these Contract Documents , are contained in Rule 12A- 1 . 094 , Florida Administrative Code . B . The exemption in Florida Statutes Section 212 . 08 (6 ) is a general exemption for sales made directly to the government. A determination whether a particular transaction is properly characterized as an exempt sale to a governmental entity or a taxable sale to or use by a contractor shall be based on the substance of the transaction , rather than the form in which the transaction is cast. The determination of whether the substance of a particular transaction is a taxable sale to or use by a contractor or an exempt direct sale to a governmental entity, based on all of the facts and circumstances surrounding the transaction as a whole , is ultimately made by the Florida Department of Revenue . C . The conditions that must be met to satisfy the requirements of Rule 12A- 1 . 094 , Florida Administrative Code , and establish that Indian River County as Owner rather than the CONTRACTOR is the purchaser of materials , include : 1 . Direct Purchase Order. The governmental entity must execute the purchase orders for the tangible personal property involved in the contract, which must include the governmental entity's consumer's certificate of exemption number. The contractor may present the governmental entity's purchase orders to the vendors of the tangible personal property; 2 . Passage of Title . The governmental entity must acquire title to and assume liability for the tangible personal property at the point in time when it is delivered to the job site up until the time it is incorporated as real property; 3 . Direct Invoice . Vendors must directly invoice the governmental entity for supplies; 4 . Direct Payment. The governmental entity must directly pay the vendors for the tangible personal property; and 5 . Assumption of the Risk of Loss. The governmental entity must assume all risk of loss or damage for the tangible personal property involved in the contract, as indicated by the entity's acquisition of, or inclusion as the insured party under, insurance on the building materials . 00200 - Instructions to Bidders REV 04-07.doc F �En00 - 11 05101 05(01 neeringlCapital Projec1s10701 IRC PARKS COMPLEXIConhact Document00 og{RC Parks Maintenance CompleA00200 - Instructions to Bidders REV 04-07.doc Rev. ARTICLE 24 - DIRECT PURCHASE OF EQUIPMENT BY THE COUNTY The COUNTY ,desires to comply with the Direct Purchase Procedures set forth in paragraph 24 .01 for single item purchases in an amount of $25 ,000 (Twenty-Five Thousand Dollars) or greater. The CONTRACTOR agrees to cooperate with the COUNTY to enable the COUNTY to comply with the Direct Purchase Procedures set forth in paragraph 24 . 01 for all such purchases . The COUNTY and the CONSULTANT shall coordinate the builder' s risk coverage of each party to comply with the Direct Purchase Procedures set forth in paragraph 24 . 01 for such purchases . 24 . 01 Direct Purchase Procedures A. Administrative guidelines governing the taxability of materials purchased for public works contracts , such as the Project under these Contract Documents , are contained in Rule 12A- 1 . 094 , Florida Administrative Code . B . The exemption in Florida Statutes Section 212 . 08 (6 ) is a general exemption for sales made directly to the government. A determination whether a particular transaction is properly characterized as an exempt sale to a governmental entity or a taxable sale to or use by a contractor shall be based on the substance of the transaction , rather than the form in which the transaction is cast. The determination of whether the substance of a particular transaction is a taxable sale to or use by a contractor or an exempt direct sale to a governmental entity, based on all of the facts and circumstances surrounding the transaction as a whole , is ultimately made by the Florida Department of Revenue . C . The conditions that must be met to satisfy the requirements of Rule 12A- 1 . 094 , Florida Administrative Code , and establish that Indian River County as Owner rather than the CONTRACTOR is the purchaser of materials , include : 1 . Direct Purchase Order. The governmental entity must execute the purchase orders for the tangible personal property involved in the contract, which must include the governmental entity's consumer's certificate of exemption number. The contractor may present the governmental entity's purchase orders to the vendors of the tangible personal property; 2 . Passage of Title . The governmental entity must acquire title to and assume liability for the tangible personal property at the point in time when it is delivered to the job site up until the time it is incorporated as real property; 3 . Direct Invoice . Vendors must directly invoice the governmental entity for supplies; 4 . Direct Payment. The governmental entity must directly pay the vendors for the tangible personal property; and 5 . Assumption of the Risk of Loss. The governmental entity must assume all risk of loss or damage for the tangible personal property involved in the contract, as indicated by the entity's acquisition of, or inclusion as the insured party under, insurance on the building materials . 00200 - Instructions to Bidders REV 04-07.doc F �En00 - 11 05101 05(01 neeringlCapital Projec1s10701 IRC PARKS COMPLEXIConhact Document00 og{RC Parks Maintenance CompleA00200 - Instructions to Bidders REV 04-07.doc Rev. ARTICLE 25 - PARTNERING 25 . 01 This Section intentionally left blank. * * END OF SECTION 200 - 12 00200 - Instructions to Bidders REV 04-07.doc 05/01 neeringlCapilal Projeclsl0]01 IRC PARKS COMPLEXIContract Documenttss Bngl RC Parks Maintenance COmPIeA00200 - Instructions to Bidders REV 04- 05/01 0].doc Rev. ARTICLE 25 - PARTNERING 25 . 01 This Section intentionally left blank. * * END OF SECTION 200 - 12 00200 - Instructions to Bidders REV 04-07.doc 05/01 neeringlCapilal Projeclsl0]01 IRC PARKS COMPLEXIContract Documenttss Bngl RC Parks Maintenance COmPIeA00200 - Instructions to Bidders REV 04- 05/01 0].doc Rev. SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 General Information Required of Bidders 00456 List of Subcontractors 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION CoEngineering\Capital Projects\0701 IRC PARKS COMPLE)CCoot003001 00300 - Bid Package contents - REV 04-07.doc ract Documents Eng\IRC Parks Maintenance Complex\00300 - Bid Package Contents - REV 04-07.doc SECTION 00300 - Bid Package Contents THIS PACKAGE CONTAINS : SECTION TITLE SECTION NUMBER Bid Form 00310 Bid Bond 00430 Sworn Statement on Disclosure of Relationships 00452 Sworn Statement Under the Florida Trench Safety Act 00454 General Information Required of Bidders 00456 List of Subcontractors 00458 SUBMIT TWO (2) COPIES OF THIS COMPLETE PACKAGE WITH YOUR BID * * END OF SECTION CoEngineering\Capital Projects\0701 IRC PARKS COMPLE)CCoot003001 00300 - Bid Package contents - REV 04-07.doc ract Documents Eng\IRC Parks Maintenance Complex\00300 - Bid Package Contents - REV 04-07.doc SECTION 00390 - Sid Form PROJECT IDENTIFICATION: Project Name: IRC Parks Maintenance Complex County Project Number. 0701 Project Address: 5500 77 Street I Project Description: The project will consist of the completion of the Proposed improvements farfhe Indian River County Parks Maintenance Facility to be 1 oonstrucfd on the north side 01 Street i (Hobart Road}, between 58n Avenue (Kings _Hi�hwayl and. IRFWCD lateral to canal . These improvements will include but not necessarily be Umfted to unlfhes oayinn drainage, gi adlngr landscaping tmgafion worts and the construction of a 3600 s care foot otlice building a maintenance building and a stnrage bay. THIS BID IS SUBMITTED TO: INDIAN RIVER COLI NTy PURCHASING DIVISION 1800 2701 Street VERO BEACH, FLORIDA 32960 r 1Agreement with OWNER in the form included-01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an specfifed or Indicated in theBriding Documentsiforthe phBidding ricces and within theoperform all Work as tfines indicated in this Bid and in accordance with the other terms and conditions of the Biding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without Lmitation those dealingvuitfm the disposition of Bid I 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 wrifing upon request of OWNER: 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that; iId Bidder has examined iddand carefully studied rife Bidding Documents, the other related data ac n owl in the Bidding gocumerfis, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number o4/is/os - 05 /26/ 09 05/20/ 09 #4 3 B. Bidder has visited the os/29/09 #5 local and Site conditions that may affect progrfess, and Performance ar with and is eof hetWork. general, 00310 - 1 00310- cif Form REV 04.07.doc Bid Form ] 0�o77.d cro l07flt IRC PARKS COMPLDWm ntr2ct pocumants EgURC Parks maintenance complaA00310 - . SECTION 00390 - Sid Form PROJECT IDENTIFICATION: Project Name: IRC Parks Maintenance Complex County Project Number. 0701 Project Address: 5500 77 Street I Project Description: The project will consist of the completion of the Proposed improvements farfhe Indian River County Parks Maintenance Facility to be 1 oonstrucfd on the north side 01 Street i (Hobart Road}, between 58n Avenue (Kings _Hi�hwayl and. IRFWCD lateral to canal . These improvements will include but not necessarily be Umfted to unlfhes oayinn drainage, gi adlngr landscaping tmgafion worts and the construction of a 3600 s care foot otlice building a maintenance building and a stnrage bay. THIS BID IS SUBMITTED TO: INDIAN RIVER COLI NTy PURCHASING DIVISION 1800 2701 Street VERO BEACH, FLORIDA 32960 r 1Agreement with OWNER in the form included-01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an specfifed or Indicated in theBriding Documentsiforthe phBidding ricces and within theoperform all Work as tfines indicated in this Bid and in accordance with the other terms and conditions of the Biding Documents. 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without Lmitation those dealingvuitfm the disposition of Bid I 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 wrifing upon request of OWNER: 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that; iId Bidder has examined iddand carefully studied rife Bidding Documents, the other related data ac n owl in the Bidding gocumerfis, and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number o4/is/os - 05 /26/ 09 05/20/ 09 #4 3 B. Bidder has visited the os/29/09 #5 local and Site conditions that may affect progrfess, and Performance ar with and is eof hetWork. general, 00310 - 1 00310- cif Form REV 04.07.doc Bid Form ] 0�o77.d cro l07flt IRC PARKS COMPLDWm ntr2ct pocumants EgURC Parks maintenance complaA00310 - . C. Bidder is familiar with and is satisfied as to all federa€ Regulations that may affect cost, progress and performance oral,, state and local Laws andthe Work. D. Bidder has carefully studied all, (1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface strictures 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 draMngs of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests studies and data coriceming 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 wired 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 prices) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. N. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work tor which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation ; Bidder has not directly or indirectly Induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder. has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intenlionatly left blank] 0m3ta -z 00310 - andFoa X04-a7.dac F= 41aaPNakP �Dla} rtC PARKS COM�LEXKb�Rlbweoents Cmople MIC-M Fq FUVM-UdwpR 4J16701 C. Bidder is familiar with and is satisfied as to all federa€ Regulations that may affect cost, progress and performance oral,, state and local Laws andthe Work. D. Bidder has carefully studied all, (1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface strictures 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 draMngs of a Hazardous Environmental Condition, if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests studies and data coriceming 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 wired 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 prices) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. N. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work tor which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation ; Bidder has not directly or indirectly Induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder. has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intenlionatly left blank] 0m3ta -z 00310 - andFoa X04-a7.dac F= 41aaPNakP �Dla} rtC PARKS COM�LEXKb�Rlbweoents Cmople MIC-M Fq FUVM-UdwpR 4J16701 5. 01 Bidder shall complete the Work in accordarice with the Contract Documents for the Price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof W11 be resolved in favor of the correct sum. Discrepancies between werds and figures will be resolved in favor of the words. 8. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumeratedor shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C- Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be - based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D- Unit Prices have been computed in accordance with paragraph 11 .03.13 0, the General Conditions- -6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07,8 of the .General Conditions on or before the dates or within the number of calendar days indicated in the Agreement 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A- Required Bid security in the form of Bid Bond B. A tabulation of SubcontractorsSuppliers (and ether) individuals and entities required to be identified in this Bid; C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; D. Swom Statement finder the Florida Trench Safety Act; E. General information Required of Bidders; ---- --- F —Ust-of Subcontractors;-and-------------- - .- - ---- 8.01 The terms used in this Bid with fnifial capital letters have-the meanings indicated in the instructions to Bidders, the General Conditions, and the Supplementary Conditions. oD3ta - gid Form REV o ±--m costa - s FWPmkcblRf6i FIC PARK4 CDFMLc. atDwne,dc En¢IRC PaIXepf ¢,a CmiD-Md FmmI�ll C4a'T.dccP.ev.Q41HNi 5. 01 Bidder shall complete the Work in accordarice with the Contract Documents for the Price(s) contained in the Bid Schedule: A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof W11 be resolved in favor of the correct sum. Discrepancies between werds and figures will be resolved in favor of the words. 8. The Owner reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumeratedor shown on the plans. Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions. C- Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be - based on actual quantities provided. The quantities actually required to complete the contract and work may be less or more than so estimated, and, if so, no action for damages or for loss of profits shall accrue to the Contractor by reason thereof. D- Unit Prices have been computed in accordance with paragraph 11 .03.13 0, the General Conditions- -6.01 Bidder agrees that the Work will be substantially completed and ready for final payment in accordance with paragraph 14.07,8 of the .General Conditions on or before the dates or within the number of calendar days indicated in the Agreement 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A- Required Bid security in the form of Bid Bond B. A tabulation of SubcontractorsSuppliers (and ether) individuals and entities required to be identified in this Bid; C. Sworn Statement under Section 105.08, Indian River County Code, on Disclosure of Relationships; D. Swom Statement finder the Florida Trench Safety Act; E. General information Required of Bidders; ---- --- F —Ust-of Subcontractors;-and-------------- - .- - ---- 8.01 The terms used in this Bid with fnifial capital letters have-the meanings indicated in the instructions to Bidders, the General Conditions, and the Supplementary Conditions. oD3ta - gid Form REV o ±--m costa - s FWPmkcblRf6i FIC PARK4 CDFMLc. atDwne,dc En¢IRC PaIXepf ¢,a CmiD-Md FmmI�ll C4a'T.dccP.ev.Q41HNi SUBMITTED on June 10 20 09 State Contractor License No, cGrosssoo If Bidder is: An Individual By: (SEAL) (Jndividuai's signature) Name (typed or printed): Doing business as: _Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of genera! partner — attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No. : A Corporation Corporation Name: DeAngelis Diamond Construction Inc . . (SEAL) State of Incorporation: Florida Type (Gene usine a , ervice, Lmited Liability): General Business By. (Signatu — attach evidsnce o authority to sign) Name (typed or printed): mcsma a Gentry Ttfie: Dice President Attest - --- - -( oot3A SEAL) -- (Signature of a Secret conn DeAngelis Business addreSS-' 6635 Willow Park Drive. - N les Florida 34109 Phone No.: 239-594 -3994 FAXNo.: 239 -s94 -2995 - Date of Qualification to do business is os/12/96 00310 -4 - 00310- Bid FoO P.Evo4-07.dcc ��i�stcsymtr�yamismr tRCPaaKsm6ucExta,�u�a0�,m��,�0ec aarbrne:n���.omv�xmmia- aa form >�vawr�n�.osi�wm SUBMITTED on June 10 20 09 State Contractor License No, cGrosssoo If Bidder is: An Individual By: (SEAL) (Jndividuai's signature) Name (typed or printed): Doing business as: _Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) By: (Signature of genera! partner — attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No. : A Corporation Corporation Name: DeAngelis Diamond Construction Inc . . (SEAL) State of Incorporation: Florida Type (Gene usine a , ervice, Lmited Liability): General Business By. (Signatu — attach evidsnce o authority to sign) Name (typed or printed): mcsma a Gentry Ttfie: Dice President Attest - --- - -( oot3A SEAL) -- (Signature of a Secret conn DeAngelis Business addreSS-' 6635 Willow Park Drive. - N les Florida 34109 Phone No.: 239-594 -3994 FAXNo.: 239 -s94 -2995 - Date of Qualification to do business is os/12/96 00310 -4 - 00310- Bid FoO P.Evo4-07.dcc ��i�stcsymtr�yamismr tRCPaaKsm6ucExta,�u�a0�,m��,�0ec aarbrne:n���.omv�xmmia- aa form >�vawr�n�.osi�wm _ r A Joint Venture Joint Venture Name: (SEAL) By: (Signature of)oint venture partner— atfach evidence of authority to sign) Name (typed or printed): Tine: Business address: I Phone No-: FAX No.: f 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 i (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) 003i0 00310 - Bid Fw REV 04A7.doe - 5 F1�nso� slCaP�ilvmJemtmmtilt PN94SCOMP19tleontracl OaromWs &�gursc Pads AEvntwa�e comWaNnossn- filtl F= REV 0447.0= Rai. e5 CM _ r A Joint Venture Joint Venture Name: (SEAL) By: (Signature of)oint venture partner— atfach evidence of authority to sign) Name (typed or printed): Tine: Business address: I Phone No-: FAX No.: f 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 i (Each joint venturor must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) 003i0 00310 - Bid Fw REV 04A7.doe - 5 F1�nso� slCaP�ilvmJemtmmtilt PN94SCOMP19tleontracl OaromWs &�gursc Pads AEvntwa�e comWaNnossn- filtl F= REV 0447.0= Rai. e5 CM DeAngelis Diamond ,fit Bidder's Name Construction Inc . ADDENDUM #5 Date 06 / 10/ 09 ITEMIZED SID SCHEDULE IRC Parks Maintenance Complex9i i9 Item No_ Description Unit Qty. Unit Price Amount M� 1 Mobilization LS. 1OLY7..c At 2TemporaryFence (6' galvan¢edchainlink) L.S. °O 3 Performance Bond L.S. Y 4 Payment Bond LS_ 1 b raS:S— 5 As Buitts IS. t ,S'Da a ,$'U3. OD 6 Erosion Controls (includes NPDES Compliance) Ls- 7 S_ 7 Construction Staking (layout) L.S. 1 /o< 7$'D, ac Oz 8 - Site Clearing & Grubbing Acre 4.05 - ffOO 9 Abandon (close) Existing Weil 10 Regular Excavation C.Y. 2,681 11 Fill I Embankment (includes Imported material) C.Y. 4,2315 SL' 12 Concrete Sidewalk (4" thick) S.F. 1,642 13 . Concrete Pavement (6"thick) S-F. 288 �3+5 a .f046 , 66 14 Asphalt Pavement, Type SP-125 (2" thick) S.Y- f 81154 0/ o � w fO 15 Coquina Base (8"thick) S Y_ 8,347 ��(o SJf„ 16 - Stabilized Sub rade (12" thick) - SY. 8,552 17 Striping, White 6" (parldug spaces) LF. 1,507 - - ----- -18--- Striping,-Blue-e"{WGpaiidngspaces)---- -.------__ L.F. _ _ 160 Ur36, ' 19 Striping, White 24" (stop bars) L.F. 974/0 13ts fib -------- 20 Striping, Double Yellow G' LF. 500, 65- 9. 0, 6 c3Q r Sb 21 HIC Symbol EA. 4 I $ASQI025845 1 DeAngelis Diamond ,fit Bidder's Name Construction Inc . ADDENDUM #5 Date 06 / 10/ 09 ITEMIZED SID SCHEDULE IRC Parks Maintenance Complex9i i9 Item No_ Description Unit Qty. Unit Price Amount M� 1 Mobilization LS. 1OLY7..c At 2TemporaryFence (6' galvan¢edchainlink) L.S. °O 3 Performance Bond L.S. Y 4 Payment Bond LS_ 1 b raS:S— 5 As Buitts IS. t ,S'Da a ,$'U3. OD 6 Erosion Controls (includes NPDES Compliance) Ls- 7 S_ 7 Construction Staking (layout) L.S. 1 /o< 7$'D, ac Oz 8 - Site Clearing & Grubbing Acre 4.05 - ffOO 9 Abandon (close) Existing Weil 10 Regular Excavation C.Y. 2,681 11 Fill I Embankment (includes Imported material) C.Y. 4,2315 SL' 12 Concrete Sidewalk (4" thick) S.F. 1,642 13 . Concrete Pavement (6"thick) S-F. 288 �3+5 a .f046 , 66 14 Asphalt Pavement, Type SP-125 (2" thick) S.Y- f 81154 0/ o � w fO 15 Coquina Base (8"thick) S Y_ 8,347 ��(o SJf„ 16 - Stabilized Sub rade (12" thick) - SY. 8,552 17 Striping, White 6" (parldug spaces) LF. 1,507 - - ----- -18--- Striping,-Blue-e"{WGpaiidngspaces)---- -.------__ L.F. _ _ 160 Ur36, ' 19 Striping, White 24" (stop bars) L.F. 974/0 13ts fib -------- 20 Striping, Double Yellow G' LF. 500, 65- 9. 0, 6 c3Q r Sb 21 HIC Symbol EA. 4 I $ASQI025845 1 DeAngelis Diamond a� .�r, Bidder's Name Construction Inc . ADDENDUM #'5 Date 06 / 10 / 09 ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5129109 Item No. Description Unit Qty. Unit Price Amount 22 Stop Sign, Rt-1 EA. 3 ,j. S ` rl71. 23 41C Signs, FTP-20-04 and FTP-Z2-04 EA. 4K.35. 92 06 24 Concrete Wheel Stop EA. 7711j 7, «' - a Gine' f ` 25 Curbing Concrete, Type 'D' LF_ 124 /, a ,S- 26 Dumpster Enclosure, Concrete Block wlFence Gates EA. 1 Xj p,.� �f yd. £40 27 Type "E" Inlet EA _ 5 17/ao . a% 9, SMV T 28 Type "E" Control Structure EA 29 Concrete Endwall, 24" Diameter EA. 2 :YBF? / 260- . 30 Mitered End Section, 18" Diameter - EA. 4 31 18" RCP - L.F. 558 ' 6 O 141 7670 32 - 24r RCP L.F. '221 8 ?, SV 33 18" CMP (Aluminized Steel) L.F. 33 14 j,5V / 13e 34 Fencing, 6' Galvanized Chain Link (pemranent) LF- 11103 /Vj Tri l! Y7 . 20 35 Fence Gate, V Wide Swing EA: 1 �e 00 n A 36 - Fence Gate, 24' Wide Cantilever wlMOX Padlock EA 2 / j8,D -�P / j M ,00- 37 Gravity Retaining Wall S-F. 197 /r 47 cl?. Utility Conduits, 4" PVC Schedule 40 {electric, phone, 38 fiberoptic, cable) L.F. 758 Sia � 39 Site Lighting (poles, fabrres and wiring) EA. -S.30. — —tlo was - - --- — — 40 4"xS" Sanitary Sewer Connection ----- -- - --EEEA- EA. - 2 - L'p(}r.-- 1! �+ , 41 4"x4^ Sanitary Sewer Connection 2 I!QD j � , ov 42 6" PVC Sanitary Sewer LF. 265Ituo ,5b 43 4" PVC Sanitary Sewer L.F. 70 ;150 WQ1025W 2 DeAngelis Diamond a� .�r, Bidder's Name Construction Inc . ADDENDUM #'5 Date 06 / 10 / 09 ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5129109 Item No. Description Unit Qty. Unit Price Amount 22 Stop Sign, Rt-1 EA. 3 ,j. S ` rl71. 23 41C Signs, FTP-20-04 and FTP-Z2-04 EA. 4K.35. 92 06 24 Concrete Wheel Stop EA. 7711j 7, «' - a Gine' f ` 25 Curbing Concrete, Type 'D' LF_ 124 /, a ,S- 26 Dumpster Enclosure, Concrete Block wlFence Gates EA. 1 Xj p,.� �f yd. £40 27 Type "E" Inlet EA _ 5 17/ao . a% 9, SMV T 28 Type "E" Control Structure EA 29 Concrete Endwall, 24" Diameter EA. 2 :YBF? / 260- . 30 Mitered End Section, 18" Diameter - EA. 4 31 18" RCP - L.F. 558 ' 6 O 141 7670 32 - 24r RCP L.F. '221 8 ?, SV 33 18" CMP (Aluminized Steel) L.F. 33 14 j,5V / 13e 34 Fencing, 6' Galvanized Chain Link (pemranent) LF- 11103 /Vj Tri l! Y7 . 20 35 Fence Gate, V Wide Swing EA: 1 �e 00 n A 36 - Fence Gate, 24' Wide Cantilever wlMOX Padlock EA 2 / j8,D -�P / j M ,00- 37 Gravity Retaining Wall S-F. 197 /r 47 cl?. Utility Conduits, 4" PVC Schedule 40 {electric, phone, 38 fiberoptic, cable) L.F. 758 Sia � 39 Site Lighting (poles, fabrres and wiring) EA. -S.30. — —tlo was - - --- — — 40 4"xS" Sanitary Sewer Connection ----- -- - --EEEA- EA. - 2 - L'p(}r.-- 1! �+ , 41 4"x4^ Sanitary Sewer Connection 2 I!QD j � , ov 42 6" PVC Sanitary Sewer LF. 265Ituo ,5b 43 4" PVC Sanitary Sewer L.F. 70 ;150 WQ1025W 2 DeAngelis Diamond Bidders Nameconstruction Inc . ADDENDUM #5 Date 06/ 10 /09 ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5129/09 Ram No. Description Unit Qty Ur it Price Amount - 05 0p 44 Sanitary Sewer Cleanout (6") EA 2 '��,ztj . � 45 Sanitary Sewer Cleanout (4") EA. 1 l��; av � �%: 46 Lift Station EA 3 a slt a2i -& . T4 47 2" P.E_ Force Main L.F. 206 1,;Z ,,SO S7Se cc- Force Main Connection with 6"x4" Tapping Saddle and Valve, 4" Plug with 2" Tapped Hole, and 2" MIPT X 60 48 Compression Coupling EA. 1 49 Tree Preservation and Relocation LS. irrigation System (complete; Including well, pump, pipes, , 50 . valves, elechieservice, control wiring and sprinkler heads LS. 1 7 '7"x, /4 '700. Bald Cypress Tree 12' High x V Spread x 3" Caliper 51 (Florida #1) - EA 10 120, ft Zoo, i 52 Live oak Tree 12' High x 6' Spread x 3" Caliper (Florida-#t) E0. 1 12 Sweet Bay Magnolia Tree 12' High x S Spread x 3" Caliper 53 (Florida #1 ) EA. 8 /20, - 9k �0 East Palatka Holly Tree 12' High x V Spread x 3" Caliper 54 (Florida #1) EA 6. AZO. 60 eo I Florida Elm Tree 12' High x V Spread x 3" Caliper (Florida 55 #1) EA 4 j-.S'0• &b Red Maple Tree 12' High-x 6' Spread x 3" Caliper (Florida i56 #1) - EA - 6 . 72D, flit 00 57 Crape. Myrtle 2" Caliper in 15 Gratton Pot (Florida 91) EA -6 �„2L'_ Iry 58 waiters Vihurum 3' High in 7 Gallon Pot (Florida #I) EA 75 017- 76gtb. 59 Sod (Bahia) S.Y. 9777814/6 o)3 /a ARB , 9 60 Directional Bore (3" P.E. Sleeve) LF. 77 too a 1Dr 00 --.. .-- -- -------- 60 61 3"PYCS eeve--------- --._-------- -- ----- -L- F. --40 -- -rte --��`----- ------ ---...- .. 62 2" PVC Sleevewith Appurtenances LF. 1810 il water Main Connection with 2'x1 112" Reducing Tee and 63 1-112" Corporation Stop - EA 1 560CO I 64 2" Compound Meter with Above Ground RPZ EA. 1 ax01)r eb I i $ wo1425845 3 DeAngelis Diamond Bidders Nameconstruction Inc . ADDENDUM #5 Date 06/ 10 /09 ITEMIZED BID SCHEDULE IRC Parks Maintenance Complex 5129/09 Ram No. Description Unit Qty Ur it Price Amount - 05 0p 44 Sanitary Sewer Cleanout (6") EA 2 '��,ztj . � 45 Sanitary Sewer Cleanout (4") EA. 1 l��; av � �%: 46 Lift Station EA 3 a slt a2i -& . T4 47 2" P.E_ Force Main L.F. 206 1,;Z ,,SO S7Se cc- Force Main Connection with 6"x4" Tapping Saddle and Valve, 4" Plug with 2" Tapped Hole, and 2" MIPT X 60 48 Compression Coupling EA. 1 49 Tree Preservation and Relocation LS. irrigation System (complete; Including well, pump, pipes, , 50 . valves, elechieservice, control wiring and sprinkler heads LS. 1 7 '7"x, /4 '700. Bald Cypress Tree 12' High x V Spread x 3" Caliper 51 (Florida #1) - EA 10 120, ft Zoo, i 52 Live oak Tree 12' High x 6' Spread x 3" Caliper (Florida-#t) E0. 1 12 Sweet Bay Magnolia Tree 12' High x S Spread x 3" Caliper 53 (Florida #1 ) EA. 8 /20, - 9k �0 East Palatka Holly Tree 12' High x V Spread x 3" Caliper 54 (Florida #1) EA 6. AZO. 60 eo I Florida Elm Tree 12' High x V Spread x 3" Caliper (Florida 55 #1) EA 4 j-.S'0• &b Red Maple Tree 12' High-x 6' Spread x 3" Caliper (Florida i56 #1) - EA - 6 . 72D, flit 00 57 Crape. Myrtle 2" Caliper in 15 Gratton Pot (Florida 91) EA -6 �„2L'_ Iry 58 waiters Vihurum 3' High in 7 Gallon Pot (Florida #I) EA 75 017- 76gtb. 59 Sod (Bahia) S.Y. 9777814/6 o)3 /a ARB , 9 60 Directional Bore (3" P.E. Sleeve) LF. 77 too a 1Dr 00 --.. .-- -- -------- 60 61 3"PYCS eeve--------- --._-------- -- ----- -L- F. --40 -- -rte --��`----- ------ ---...- .. 62 2" PVC Sleevewith Appurtenances LF. 1810 il water Main Connection with 2'x1 112" Reducing Tee and 63 1-112" Corporation Stop - EA 1 560CO I 64 2" Compound Meter with Above Ground RPZ EA. 1 ax01)r eb I i $ wo1425845 3 DeAngelis Diamond Bidder's Name Ccnstnction inc ADDENDUM #5 Date 06 / 10 / 09 ITEMIZED BID SCHEDULE i IRC Parks Maintenance Complex 5129109 i i Item No. Description Unit Qty. Unit Price Amount i 65 P.E_ Water Service Tubing, 1 .4127 LF. 287 66 P.E. Water Service Tubing, V LF. - 342 : a � j( I SO 57 Bacteriological Sampling and Testing r Construct Administration Building Including Slab, Building, Doors, Windows and All Items as indicated on the Plans and in the Specifications Complete and Ready fib for Use. - - LS. 1 }! 7 ry"3 Construct Maintenance Building Including Slab, Building, Doors, Windows and all items as Indicated on the Plans and in the Specifications Complete and Ready for Use 69 (including covered walkway to administrationbuiiding). L.S. 1 JiN.'j . � Ol 7i$' .db - Construct Storage Bay Building Including Slab, Building, Doors, Windows and All items as Indicated on the Plans p 70 and in the Specifications Complete and Ready for Use L.S. i I 71 Force Account L.S. 1 805000.00 . 80,000.00 TOTAL BID AMOUNT Q d LS = Lump Sum LF = Linear Foot ED - Each Day 5 a CY = Cubic Yard SY = Square Yard TN = Ton � 3 EA = Each SF = Square Foot AS =ASSEMBLY - J p CM, OHO TOTAL BID BID AMOUNT IN RDS: ou7, +YI LLro�I ib -> }� uaurtt� Frio Ft1=Ty S�IJEAI —TNDUSANA 1D000hPS F\ ND len Flq SUMMARY - ITEMIZED BID SCHEDULE _. I --- --�__-3ROJECTNAME_ - BIDDER'S NAME: -_- ... .-- - -- ------ - - -- ----- i i SASQ1025845 4 DeAngelis Diamond Bidder's Name Ccnstnction inc ADDENDUM #5 Date 06 / 10 / 09 ITEMIZED BID SCHEDULE i IRC Parks Maintenance Complex 5129109 i i Item No. Description Unit Qty. Unit Price Amount i 65 P.E_ Water Service Tubing, 1 .4127 LF. 287 66 P.E. Water Service Tubing, V LF. - 342 : a � j( I SO 57 Bacteriological Sampling and Testing r Construct Administration Building Including Slab, Building, Doors, Windows and All Items as indicated on the Plans and in the Specifications Complete and Ready fib for Use. - - LS. 1 }! 7 ry"3 Construct Maintenance Building Including Slab, Building, Doors, Windows and all items as Indicated on the Plans and in the Specifications Complete and Ready for Use 69 (including covered walkway to administrationbuiiding). L.S. 1 JiN.'j . � Ol 7i$' .db - Construct Storage Bay Building Including Slab, Building, Doors, Windows and All items as Indicated on the Plans p 70 and in the Specifications Complete and Ready for Use L.S. i I 71 Force Account L.S. 1 805000.00 . 80,000.00 TOTAL BID AMOUNT Q d LS = Lump Sum LF = Linear Foot ED - Each Day 5 a CY = Cubic Yard SY = Square Yard TN = Ton � 3 EA = Each SF = Square Foot AS =ASSEMBLY - J p CM, OHO TOTAL BID BID AMOUNT IN RDS: ou7, +YI LLro�I ib -> }� uaurtt� Frio Ft1=Ty S�IJEAI —TNDUSANA 1D000hPS F\ ND len Flq SUMMARY - ITEMIZED BID SCHEDULE _. I --- --�__-3ROJECTNAME_ - BIDDER'S NAME: -_- ... .-- - -- ------ - - -- ----- i i SASQ1025845 4 SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond". ++ END OF SECTION ++ 00430-1 F:1Engineerinmcapital Projects10701 IRC PARKS COMPLEXIC nt act Documents EngIIRC Parks Maintenance Complex100430 - AIA Document A310 Bid Bond REV 8-08.doc SECTION 00430 AIA DOCUMENT A310 BID BOND The Contractor shall use the document form entitled "AIA Document A310 Bid Bond". ++ END OF SECTION ++ 00430-1 F:1Engineerinmcapital Projects10701 IRC PARKS COMPLEXIC nt act Documents EngIIRC Parks Maintenance Complex100430 - AIA Document A310 Bid Bond REV 8-08.doc MEMNON THE AMERICAN INSTITUTE OF ARCHITECTS 10 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we DeAngelis Diamond Construction, Inc. 6635 Willow Park Dr. Naples, FL 34109 'Sarre in,er; lett name a^d address at legal title al conirartno as Principal , hereinafter called the Principal, and Liberty Mutual Insurance Company IHem :ell full name and addreu or legal i,Ye dl Surety)175 Berkeley St, Boston, MA 02116 �n a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto Het' Awlt full name and addles or legal rue at owner] Indian River County Board of County Commissioners, 1800 27th Street, Bldg B, Vero Beach, FL 32960 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Total Bid Dollars ($ 5% of Total Bid if for the payment of which sum we)I and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs , executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS , the Principal has submitted a bid for Hera, .men full name. addten and descnniion of ornlenl Indian River County Project Number 2009043, IRC Parks Maintenance Complex NOW, THEREFORE , it the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with . the Obligee in accordance with the terms of such bid, and gave such bond or bonds as may be specified in the bidding or Contract Dncumenls with good and sufficient surety tot the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, it the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract w rh another party to penorm the Work covered by said hid, then this obligation shall be null and void, otherwise to remain In full iorce and effect. Signed and sealed this 14th day of May, 2009 DeAngelis Diamond Construction . ' rind .'Seal) !Witness) Liberty Mutual Insurance Company fWitnesslop ------- (bile] Matthew D. Bevins, Attorney-in-Fact AIA DOCUMENT A310 • BID BOND • AIA '9 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. , N.W„ WASHINGTON, D. C. 2pW6 1 - Page 14 MEMNON THE AMERICAN INSTITUTE OF ARCHITECTS 10 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we DeAngelis Diamond Construction, Inc. 6635 Willow Park Dr. Naples, FL 34109 'Sarre in,er; lett name a^d address at legal title al conirartno as Principal , hereinafter called the Principal, and Liberty Mutual Insurance Company IHem :ell full name and addreu or legal i,Ye dl Surety)175 Berkeley St, Boston, MA 02116 �n a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto Het' Awlt full name and addles or legal rue at owner] Indian River County Board of County Commissioners, 1800 27th Street, Bldg B, Vero Beach, FL 32960 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Total Bid Dollars ($ 5% of Total Bid if for the payment of which sum we)I and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs , executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS , the Principal has submitted a bid for Hera, .men full name. addten and descnniion of ornlenl Indian River County Project Number 2009043, IRC Parks Maintenance Complex NOW, THEREFORE , it the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with . the Obligee in accordance with the terms of such bid, and gave such bond or bonds as may be specified in the bidding or Contract Dncumenls with good and sufficient surety tot the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, it the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract w rh another party to penorm the Work covered by said hid, then this obligation shall be null and void, otherwise to remain In full iorce and effect. Signed and sealed this 14th day of May, 2009 DeAngelis Diamond Construction . ' rind .'Seal) !Witness) Liberty Mutual Insurance Company fWitnesslop ------- (bile] Matthew D. Bevins, Attorney-in-Fact AIA DOCUMENT A310 • BID BOND • AIA '9 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. , N.W„ WASHINGTON, D. C. 2pW6 1 - Page 14 AnnualSWanem ronnayw 2007 ohne L16erly Mutual insurance Company. ASSETS Curren{Year Prot Year 3 4 Net Admitted Naredrootted Assets Net AdmLed Assets Awls (Cols. 1 - 2F - Assets L 0ontls (Schedule Dl 2 Stotts ISIbedde DY . . . . - . _ _ _ _ _ . 1;,335,(03,671 _. _ _ . .. . . _ . . ._ 15,335,G8,3,671 14,335 ?aB,460 21 Preferred Meds 22 Csmmon [fangs - . . . 322,9@6838 . . . . ... . _ 7,61.@.66991.1 2]1,879 ?�?,JJS,918 .- . .. .. . . 000 7377050947 5059045,374 3 Mortgage baum real es4ela lSaFaNkBJ: -. . . .. . L1 First ae ns . .. .. ' . ' .. . . . .. . . ... . . . .. . .. .. .. . . . . . , 929,255701 . . . 29,255101, 249,S6q,8fq 3.2 Oder Nav4rst bens . . . . . . .. ... . . . . .. . . . . ... . . ... . . . . . . . . . . . .. . . . . . ._ _ . . . . . . . . . . .. .. 4_ . . " . . 4. Real estate (ScfedWe AJ: . . . . . .. . . . . .. . .. ..... _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . RapxtlesoavlpiedgY tte calpan eu3 4.2 Ara Y0 . .._ . . _ _ _ . 0 exumNa9ces) . .. . .. . _ . . . . 4,18;561,083 418561 peeesheldnordm Produc60n a4rme ess 5 . . . . . . . . .. . . .. . .. . .. . . . .. . . . . . . . 087 .IN6.. . 3,102 0 . .. . on"V.. , 3_ enaanbrmmes) . . . . . . . .. . 1.069,887 . . .. . .. . . . . . . . . . . _ . . . . . . .... _s . . . .. . . . ... 4.J RopaBes hddbrsala (hss 3., ,, ,. . „ .. . . . . . 0 , erclanhranus . . . . PAW . .. ... . . 1,711,445 6 Cash ?S„ 212,635?33 , Schedule 6Pa11 , cash e 3 " " "..... I ,qul✓k2g4ji , 92190216 " " " ' SchMWe E7ar123 and shut+ercn invesenenk if _ 523,291,7]8, SchedWe OA) , 828,179677 B. ConVacsbans (MUSnpS _ „O ,pamlwnnpes - . . . . 828,119827 1207,665BB3 7. Other inrested assets (Sc I . . BA) I " " - - - 4644,749606 - 159,7635 64 65 . 171 3947295,251 6. Re✓:elradea far4ecud6es . . .. . . . . . . . . . . . 4 . $. 2 9, Aggregate "Islas folidresled 4ssets - " "' - . . . . 73,;535,7E0 - . 1353$,760 41,752,591 10. Suoblak cash and invested assets pre es l to 9 - " 17. 416epkaaless S. . .. . . . . . . . , O. changed off Ox Tde tmurers 9dyl - " ' 29,641,71 .31916 . 273,(1683@ 29388,,315281 24912711852 12 Inveslanenlizars tlue and axonned " - - 13. Fremlwns and ' - " " --- " -� .. . . . . . 175;28(,338 tE8971,966 . 17.1 OrWleaNpremWme antl apenls'halexea in Bs wwce mcn'b:.4on 13.2 Defend Veniums, agenk'belancffi and rwArnens Looked heal ama9ed and 9W,B2321 .16 _ 3S6B5,825 . 928137,391 MINIM 0aye8 due gncW&ngS 31,554 aandhutunNOed premwns),_ , . , ,, ., , 1,638,538 ]57 . , . _ „ 3827 1,838,534970 144,;y®,358 Rein Aare retroiPaley pmNURs. , , __ _ , ,. ,93@,736,8/7 , 51,047915 . 78,7,8@9,632 462717,101 f4. Reinsurance: . . . . . . .14.1 - . .... Am.`UnI52WV21ada 6an !¢iP{a2R 14.2 Fundsheid 6ya deposited with talent aetic 9 " ' 7iQjgq,811 14.3 Dreher anlWlantrxl nls mases - _ 28 s 022671 . 2b822,611 76,$59,530 2GerrdNe ulMrrClrsmaae . . . . . . •• .' • • 15. prtounlsrtMvaNarattling inco"whIntred late mals - - 18.1 ssti'rene kdad and laeipntr¢arae late no Interest 9laeon - ' 2 $9b9d 2.437.$80 659,594 - - - 16.2 Not defended Gan asset - - 11694808U 7189486060 17. Guaranty leads recena6h oron Papoa6 - " " 9N,020,80D630,1&),1,17 3 749 786 . 26,552456 - 565086006 18. enVcic data pr¢cpvng equipment andmMra " � � " "" ' 29.M2 456 ,„ 32691,812 IC FanlurB end equipment lrxluSnB hwteO cur miwp assan (S „ _ '0 " " -" 267,!18,275 . 217, 112,585 . .494[8,829 . 42760804 20 Net aquserent In asee and 6andiees due le Foreign erda " J-- - - �..f04,89@ . , . , ... 9e,704,8B6 ffi . . 21. Raeeabhs hompanenL wbsb9adea and tl6@ales .. . . . . 2352 W? - .. . 22 Neaah cane ,. . . . . . . . . . . . .. •. 138268,882 25,522,571 (S . . . , aJenn"Ned Meuntsmcelva8k . . . . ... . 17. AggregIstalN k & adodung olermeninve4tetl Segre . . .. . • . . . _ '. . . . .. .• . . . " . .. • . . . . . . . . . ... .. .. . . . . .. .. . . . . . . . . ..... . . . 837 t2 209a, ". . .. . . . .. . . . . .. . .. . . . . . .. ... . . ". . . 24. A=unts ((I S10 t98epxateAwaurgs, ele " " " ' 99 530,643268 511661,867 A=unts Ones10b2 SeTeBaled A4cpm3q and Pmlttled Cell 2S Fran Se aak � .. . . . . . . . . . .... ... . .. , 35,855,854,744 . . ; 2 850,172 P add 251k, 8sg2Aa(a Accounts and Rgedetl Cell Pcwones .. . . . . . . ... .. . . . .. . .. . . . .. . 0. 0'. . ...3.". 2g4,5?2 . . . 29,926012,089 26. TOW PAN 24 ad Y6 -- 35,855,854,744 1,02565.172 74,829,201572 2 9m 012,089 OETAILSOFWRITE•INS 090E 0902. . . . . . _ . . . . . .. . . . . . .. . . . . . . . .. . . .. .. . ... . . . .._ . .. .. . .._ . ., . .. . . . . . . ... . _ . .. . . . . . ... ..... ... . .. . . . . .. . . .. . . . . . . .. . . . . .. . 0907. . . . . . .. . . . . . .. . . . . . . __. . .. . . . . . .. . . . . . . .. . . . . .. . . . .. . . . . . .. _ . . .. . . . .. . . ... . . .. o . . . . ... . . . . .. . . . .. . ... . _ . .. . . . . . . . . 0998, Summaryelremaloing wnfor line 09 ham ovaToe . . .. .. . . . . . . ... . . ... . . .. . . Page .. . . . . . . ... . _ . . . . '- _ . . . . . _ _. . . . _ . .. . . .. ... 0994 Table Nes 09011am 11090 h0903 us 0098 tre 09adove --'� - "-" ' - '" 2301. Olher eaeets 7302 Cffih wneldervdlue Bleln$Wance . . . ... . . . . . . . . . .. _ . _ . . . . . . . . . ... .. . . . . _. . . .. ... . .-_ . .. . . . 212;369,467 . .. . .. 72S6B,86U . . . . . . 140.182807 164,U3,765 . . . 204;67¢3@J 204675,683 162038,957 2303 Equines altl deposl5mppdsI and Nsodpdans . . . _ . . - - - " . . . . 32,735,326 - . . 26 2998 S " ' � '- - 32733,376 20497,883 ulvna'Yo7remarinp wdl!-ins fa One 238anova8owpa9e . _ . . .. .. . . . . . . . . . . . .. . . 157 944833 1 195283 123 7.9550 164 m1242 99. iala's lines 2A311hro p2b3 us 2394 Line ZSaAae - " ' fi33225 09 82381,847 550841268 511661867 4 AnnualSWanem ronnayw 2007 ohne L16erly Mutual insurance Company. ASSETS Curren{Year Prot Year 3 4 Net Admitted Naredrootted Assets Net AdmLed Assets Awls (Cols. 1 - 2F - Assets L 0ontls (Schedule Dl 2 Stotts ISIbedde DY . . . . - . _ _ _ _ _ . 1;,335,(03,671 _. _ _ . .. . . _ . . ._ 15,335,G8,3,671 14,335 ?aB,460 21 Preferred Meds 22 Csmmon [fangs - . . . 322,9@6838 . . . . ... . _ 7,61.@.66991.1 2]1,879 ?�?,JJS,918 .- . .. .. . . 000 7377050947 5059045,374 3 Mortgage baum real es4ela lSaFaNkBJ: -. . . .. . L1 First ae ns . .. .. ' . ' .. . . . .. . . ... . . . .. . .. .. .. . . . . . , 929,255701 . . . 29,255101, 249,S6q,8fq 3.2 Oder Nav4rst bens . . . . . . .. ... . . . . .. . . . . ... . . ... . . . . . . . . . . . .. . . . . . ._ _ . . . . . . . . . . .. .. 4_ . . " . . 4. Real estate (ScfedWe AJ: . . . . . .. . . . . .. . .. ..... _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . RapxtlesoavlpiedgY tte calpan eu3 4.2 Ara Y0 . .._ . . _ _ _ . 0 exumNa9ces) . .. . .. . _ . . . . 4,18;561,083 418561 peeesheldnordm Produc60n a4rme ess 5 . . . . . . . . .. . . .. . .. . .. . . . .. . . . . . . . 087 .IN6.. . 3,102 0 . .. . on"V.. , 3_ enaanbrmmes) . . . . . . . .. . 1.069,887 . . .. . .. . . . . . . . . . . _ . . . . . . .... _s . . . .. . . . ... 4.J RopaBes hddbrsala (hss 3., ,, ,. . „ .. . . . . . 0 , erclanhranus . . . . PAW . .. ... . . 1,711,445 6 Cash ?S„ 212,635?33 , Schedule 6Pa11 , cash e 3 " " "..... I ,qul✓k2g4ji , 92190216 " " " ' SchMWe E7ar123 and shut+ercn invesenenk if _ 523,291,7]8, SchedWe OA) , 828,179677 B. ConVacsbans (MUSnpS _ „O ,pamlwnnpes - . . . . 828,119827 1207,665BB3 7. Other inrested assets (Sc I . . BA) I " " - - - 4644,749606 - 159,7635 64 65 . 171 3947295,251 6. Re✓:elradea far4ecud6es . . .. . . . . . . . . . . . 4 . $. 2 9, Aggregate "Islas folidresled 4ssets - " "' - . . . . 73,;535,7E0 - . 1353$,760 41,752,591 10. Suoblak cash and invested assets pre es l to 9 - " 17. 416epkaaless S. . .. . . . . . . . , O. changed off Ox Tde tmurers 9dyl - " ' 29,641,71 .31916 . 273,(1683@ 29388,,315281 24912711852 12 Inveslanenlizars tlue and axonned " - - 13. Fremlwns and ' - " " --- " -� .. . . . . . 175;28(,338 tE8971,966 . 17.1 OrWleaNpremWme antl apenls'halexea in Bs wwce mcn'b:.4on 13.2 Defend Veniums, agenk'belancffi and rwArnens Looked heal ama9ed and 9W,B2321 .16 _ 3S6B5,825 . 928137,391 MINIM 0aye8 due gncW&ngS 31,554 aandhutunNOed premwns),_ , . , ,, ., , 1,638,538 ]57 . , . _ „ 3827 1,838,534970 144,;y®,358 Rein Aare retroiPaley pmNURs. , , __ _ , ,. ,93@,736,8/7 , 51,047915 . 78,7,8@9,632 462717,101 f4. Reinsurance: . . . . . . .14.1 - . .... Am.`UnI52WV21ada 6an !¢iP{a2R 14.2 Fundsheid 6ya deposited with talent aetic 9 " ' 7iQjgq,811 14.3 Dreher anlWlantrxl nls mases - _ 28 s 022671 . 2b822,611 76,$59,530 2GerrdNe ulMrrClrsmaae . . . . . . •• .' • • 15. prtounlsrtMvaNarattling inco"whIntred late mals - - 18.1 ssti'rene kdad and laeipntr¢arae late no Interest 9laeon - ' 2 $9b9d 2.437.$80 659,594 - - - 16.2 Not defended Gan asset - - 11694808U 7189486060 17. Guaranty leads recena6h oron Papoa6 - " " 9N,020,80D630,1&),1,17 3 749 786 . 26,552456 - 565086006 18. enVcic data pr¢cpvng equipment andmMra " � � " "" ' 29.M2 456 ,„ 32691,812 IC FanlurB end equipment lrxluSnB hwteO cur miwp assan (S „ _ '0 " " -" 267,!18,275 . 217, 112,585 . .494[8,829 . 42760804 20 Net aquserent In asee and 6andiees due le Foreign erda " J-- - - �..f04,89@ . , . , ... 9e,704,8B6 ffi . . 21. Raeeabhs hompanenL wbsb9adea and tl6@ales .. . . . . 2352 W? - .. . 22 Neaah cane ,. . . . . . . . . . . . .. •. 138268,882 25,522,571 (S . . . , aJenn"Ned Meuntsmcelva8k . . . . ... . 17. AggregIstalN k & adodung olermeninve4tetl Segre . . .. . • . . . _ '. . . . .. .• . . . " . .. • . . . . . . . . . ... .. .. . . . . .. .. . . . . . . . . ..... . . . 837 t2 209a, ". . .. . . . .. . . . . .. . .. . . . . . .. ... . . ". . . 24. A=unts ((I S10 t98epxateAwaurgs, ele " " " ' 99 530,643268 511661,867 A=unts Ones10b2 SeTeBaled A4cpm3q and Pmlttled Cell 2S Fran Se aak � .. . . . . . . . . . .... ... . .. , 35,855,854,744 . . ; 2 850,172 P add 251k, 8sg2Aa(a Accounts and Rgedetl Cell Pcwones .. . . . . . . ... .. . . . .. . .. . . . .. . 0. 0'. . ...3.". 2g4,5?2 . . . 29,926012,089 26. TOW PAN 24 ad Y6 -- 35,855,854,744 1,02565.172 74,829,201572 2 9m 012,089 OETAILSOFWRITE•INS 090E 0902. . . . . . _ . . . . . .. . . . . . .. . . . . . . . .. . . .. .. . ... . . . .._ . .. .. . .._ . ., . .. . . . . . . ... . _ . .. . . . . . ... ..... ... . .. . . . . .. . . .. . . . . . . .. . . . . .. . 0907. . . . . . .. . . . . . .. . . . . . . __. . .. . . . . . .. . . . . . . .. . . . . .. . . . .. . . . . . .. _ . . .. . . . .. . . ... . . .. o . . . . ... . . . . .. . . . .. . ... . _ . .. . . . . . . . . 0998, Summaryelremaloing wnfor line 09 ham ovaToe . . .. .. . . . . . . ... . . ... . . .. . . Page .. . . . . . . ... . _ . . . . '- _ . . . . . _ _. . . . _ . .. . . .. ... 0994 Table Nes 09011am 11090 h0903 us 0098 tre 09adove --'� - "-" ' - '" 2301. Olher eaeets 7302 Cffih wneldervdlue Bleln$Wance . . . ... . . . . . . . . . .. _ . _ . . . . . . . . . ... .. . . . . _. . . .. ... . .-_ . .. . . . 212;369,467 . .. . .. 72S6B,86U . . . . . . 140.182807 164,U3,765 . . . 204;67¢3@J 204675,683 162038,957 2303 Equines altl deposl5mppdsI and Nsodpdans . . . _ . . - - - " . . . . 32,735,326 - . . 26 2998 S " ' � '- - 32733,376 20497,883 ulvna'Yo7remarinp wdl!-ins fa One 238anova8owpa9e . _ . . .. .. . . . . . . . . . . . .. . . 157 944833 1 195283 123 7.9550 164 m1242 99. iala's lines 2A311hro p2b3 us 2394 Line ZSaAae - " ' fi33225 09 82381,847 550841268 511661867 4 Annual 8lantann Ior the year 2007 of the . . LIDQq MglUal. Insurance Company - LIABILITIES, SURPLUS AND OTHER FUNDS Current Yar Prim Year I. Losses 2A Line 34, Cdunn 8) _ . . . . . . . .. .. . . . . .er.iEl_ . .. . . .. . . __ . . .- . ._ . ... . . . _ . . . . . . ?.2594..762,757 -- . . . . 10. 169,462164 2. ftdrdwerm POYBde on Pe'dlwea eMblS edaelaenl eapense5l8Medul¢ F Panl, Cdum6 . . . . . . ... . .. . . .. . . . . 3. Loss adix"Gam oyenses (Pad 2A, tice 34, Cdumn ) - - - - . . . . . . . . . . .. . . . . . 1W:915271 , 108,972,670 4. Concessions 91. _ . . . . . . . . . . 1672,655,240 . ... . 7,084,590,736 payable, contlnAeM camMssions and a0nsbrAr c4a9ea . . . _ . . . . . 5. Odes exterim (excWdin Lades, Feonaas and 7e¢s5 . _ _ . . .. _ . _ . . . 134,963.1118 . . . . . .. . . . ... 1Y0,Sd7;309 . . .. .. . . . . .. .... . .. .. . . _. . . . . . _ . _ . . 414:446,661 . . . .. .. . . . . .. 355,_278,576 8 Taxes, 8cansea endless Poxtludnpfeomalam fadgnlreamfax¢s1 . .. . , 21 Caren federal and faeian Darla Indud . . . .. . . . . _ . . . . . . . .. . . 250,690,378 . . .. 208,364;691 ( rqf ,, . _._ 0 onma9aed cgnlld' pans (bsse3O " " 72 NOIQdeced lax 5aW6Y _ . . . . . _ . . ._ _ . _ . . . . . . . _ . . . . . . . .. _ . . ._ 8. borrowed morl¢Y f. . _ . . , 949,875 and ldosslmtreat f 5853 - - A Linearned Premums (Pill lA Line 3T, Winer 5) (aft" detluerq useat]al premimsfm rededrelnyxarse of 1515,126 1,Hb',151 51,937,007,225 antlinclvan9 waTanh reserves old p 10. amame pren9um , . . � . .. _ . . . . 36M689,493 3,114,705894 n. Divider declared widunpaid: _ . .. . . ... . . _ . . . . . .. .. . . . . . . . .. . . . .. . . .. . . . . .... . .. .. . . . . . . . . . . 39996,388 , .. n.7ds,iz3 11.1 slttkMf@rs 11.2 Pdk)M4ders . . . ... . . . . . . . . . . .... .. . . . .. . .... ... . . . . . ... . . . . . .. . .. .. . . . . . .. ._.... .... . . . . .... . . .. . . . . . . . .. . .. . . . . .. . ... .. . . .. .... . . . . . . .... .. . 1280 684 12 Cededrdmumme FYlax>'ms payabk (neldrednp rglmcsgm) ._. . . . . .. ..... . .. . . . . . . .. . . . _ . . .. .. . .. .. . . .2. .. . .. ..... . . . . 9195,933 1A Funds held by mepany under rent"M bnues (Scbedue F. PaR3, Column tB . . .. . ... . . . . . . .... . . . ..... . ....... .. .. 8511b75,4t1 ". 81 . ,981 .. 14. Ammons wlmhdQ arelebad bycrospatyall aacunt doNera . .. . . _ . ... . . _ .. .. _ . .. _ . . . ..... . ._ . . . 187Br 16?:?90 . . . . . _ . .. . 7.966,905,417 . . .. . . .. . . : . 25. Ra4lxllames aMimms mt dlaraled � � " " " " " ' " ' _ . , , 6J1,437a88 fi79,5fi1,E07 . . .. . . . . ... . 18. Prod3ion for reimmrwe (ScheduN f, Pa'17) . . - - - ' 17. Net adlusbllens In 1159143 and 434131es due h 4wel9n emhange rales . . . . .. . 116590 fifir 120072064 16 Glens aumlandDi3 . ..... f4 Paye .. . . .. . . . . . _ . . ... 188359818 . . .Payable la Dared, subsldialee end edJleleb " " " - " " � - 10. POYBbIl b4suurt0es - - - - � � �" " � - -" " - " � - . .. _ . 81311.136 _ . .. , . 159089,130 318931665 _ 779430,e26 21- lialr171oralmurttslad wmrunlrsemtl mare , . . _ .. . . . . . .. . . . . . . .. . . . . . . - . _ . N. C Bal Homs . . . . . . . . . .. .. .. .. . . . . � i O , em lnlmesltharwn5 0 _ _ . . . - . . . . ' . . _. . ZJ. POple9am wdrlm ra fia09Ae5 . . . .. . _ _ _ . . _ . . . . . . . . . . _. . ._ . . .. . . . . . , . . _ ... .. . .. . . .. . . . . .. .. .. . .. _ . .. . . . . . . . . . .. . _ . .. . . . ... . J679769,042 . . . __. . . . . . . . 14. TOI01le0LVUW exd4Qr0 DroledeO tdl FiU9itias (lplss7 Urou9h ZS 231 %OgetlOefliebke .-.' .-.-.-.�."..' .. . . .. .. . . . 13,005;907,618 . . . .. ... . . 79J39. fi.6 _9786080305160 26. TOW 6abBibaNnes 24 and 1 25) . . ... . . . _ . . . . . . . . .. . .. .. . . . . . 27. A - .. .. . .. . 23.005.904.618 ' 19,997,683,060 99rs9ale lxile.ixs la a�Md sVIpBS hmQs -- "" - ' ' - 28. Carron comm atonk _ - . _ _ . _ _ 94$ SV2 811,135,82 29. Pridered c3old sWl% , , . . _ .. _ . . . _ . . . 7a Bail am . . 30. Aggregate wsM:rs fwos3erthsn Who wrpfaz 4ontls � - "" "" ' " ' 31. Sur as Doles - . _ . . . - tuo,o66 _. q t,75.o-M . . .. . . . . .. . . . . . . . . . . .. .. " _ . . . . . . . . . . . . . 891965,161 . . . . 1 073 Y09,/3I 33 Um3dpned mntls 3ssemus) .. . . . .. . . . . . _ . . . . .. . . . . . . . . . . . . . . . . . . . . . . . % . . . . . . ... . . . . .. . . . _ .... . . . . , . . . .. .. . .. . .. . .. .. .. . . . . . . .. . . ._ . . . . .. . . . __ . . .. . . , 562725}.115 . . . .. . . . . -0,968,717,810 less Veasmyslock dsOSL _ . .. . . . . _ " . _ . . _. _ .. . . . . . .... . . . 0. . anrep 75. 6uybam 'as regaNs pdk6Z W. 31 Leas 2710 73, leu 34) (Pa9e 4. LNe 391 . . ... . _. . . . .. . . . . .. .. . . . ... . . . . . . . . . . . . .. .. . . .. _ . . .... _ ... .. . . . . . . . 1162 299954 9.952129 29 36- TOT=S P e 2, Ore 2fi W. 31 " " " . . .. .. . . . ... . . . . . . . . . . ... . . . . .. 3482920-0 577 29970012089 DETAILS OF Mums 2301. DNB] IiabifAe4 1302 .. . . . .. . .. . .. .... .. . . ..... .. ..... .. .... . . .. .. ."..... . ... . . . ... . .. 228177879 780.862,751 Aeboec8re reirsumrx reserve ceded ... . .. . _.. . ... .. . ... . . ... . . . .. . . . .. . . . _ _ _ . . . . . . . .. . . .. . . . . .... . . 2361 Arm �ddun5aunlrol4Wplans".. . .. . . . . . .. . . . . "-- . . . . . . . . . . . . . .. . .. . . . . .. _.. . . .. ... . .. .. .. ... . . .. . . .. .. . 11.73L25a,1"eJ .. . .. .. . . . (i;5ie,issltj . . . . .a'4i.. .. 239x. or avydremei arrall reins br line 238an trmeow .... . ... ..... .. . . . .. .. .. . . . . .. . .. .. . . . _. . . . . .. . 666.106,759 ...SAI1,761 Pa9e . . . .... .. ... . ... . . .. . . ..a .... . .. . . . . ." . 282392394 Tome Nms 2301 Nmu h2303Pkn1 Line27 a8oce ""' . .. . . . .. ..... . .. .. . . ..... .. . .. . 257210358 490,520.128 678.769.047 (35'9,600.531 2]01: .Sp�suR6r; ,aan mtroacfira.raw2_nce 7702. . . . . . _ . . . " , . . .. . . . . ._. .. . _ . . . . . . ... .. . ... .. . .... . . . . . . ... . . . . 946,875,402 . . . .. . . . . . . .. 871.135,621 . . . ... . . . . . . . ... ... .. ... _ .. . . . .. . .. . . . .. . . . . . . . . . _ . .. . . -. .. . . . _. . 2798. TauMarydresryn4nD xWeim kt Ore 27fiwn Overmw Pape . .. . . . . . . .. . . . .. . . . . .. . .. . . . . . . . . . . . . .:. . ... .. . . .. . . .... . .. . . . . ... . ." . . ... . . .. . . . ... . . .. . . . . .. .. . .. . . .. . . . 2799. Totals Nms 1701 mrou h 27oJ s 17 � - " ' 3W t. Ovr„., 47 turd;. . . . .. .. . .... . . . .. . B .875402 811,15623 3002 ... . . . . 1,150000 .. . .. . .. .. . .. . . 7,150,000 3093-bummayOfremldn9wnleina3a-Ir1¢ 30 bomnm'1i0'xpa9a , - . . . TOlals Llrrea 3001m h30W us 3088 {LLte . . . . . . .. . . . . . - ' - "'---"'--' .. . 1,259.o07 _„_ t2sol666 San" cr .ds'r. a VI PA .. . CGand . . . .. . . .. . , w an aiIMCYbh3 YM>:apW,1M'JlYpptq dt4r vam. Dvtdppetaub NY alttNW vw M tlwaPad ORgn nl N3]M1Da:n] nnYlY. nn0 Aar m Vb rv[atlrq Pn<d aYbtl Wl lie e,a'fnpnxlpeyM1p Nb:,prp "4331 teal"al"P`ee N Na 4w nT'mny Mmi m va clear W . my kno arpLLYa emim avwµ wlwrab aleMa. soil Flails" an° DrM cmdlbn amlaNhalp exWDnaY>T mMN WMeNW. Mai w.. Mimed", Iq Nard eve 1UWnen191 at 11p sftoe aM am my* men ol:y1[Yw Ma¢vmmuxnn lila DpK,Arenual flumeM ° Mp'3na YDM9f184d e0gLalpIX slrm+a end dmu4f4�aeMeapardrlre G8Yg11mW], - YQ51al: e:. IlldKKtbb til xrpubla,vtmlmig. iim *a ;pnM0.4 A, bnaam nlmvn3ni Rea'mesMt'd rtarvsl IIb Ap bb'mawm. leAyle,fenamyl 4 anw aaH� IrtMar,ran. alnt! MkMb3idunanp pltY qa enOpragda " M °el Ir aNle vfA 1811 NNG M:p, rp,:eld. Nai48n Ma{, kgi{a[Genl 'e• ItlmaN,q tleXMenpbdYpq GlCeYanF. yad oxKa ra eSalML1p bYv bplNUw'I fnN dtivNq,elpuM/b'njY. W,/a�1pl�ni,Mypm Wllq pm"604 M M1 aim raeNeN: n pdj�ey°II�° a, rizanwr Lry_ �,--u�a^ ' IL."M .._� ?3b• ROWn y,l .. NWuuy) Santa ITIp 6 C!O Vr Paf"an] x' sae.aweapdanammeebM nw ma ON °aa, dW er ._".Jou... __ . Poon . . e. enb od�T auenYr Yes Sxluof 1 B. IIna 184bm°d:ynYmOM epMpp . . . .. . . . . . .. _ /ice 06.E 2ON 0.tl ... . . . . . I .. .. . . .. . . . I . .. .. .. ..... 11iu:nayNnaee nllrnJW ."' Annual 8lantann Ior the year 2007 of the . . LIDQq MglUal. Insurance Company - LIABILITIES, SURPLUS AND OTHER FUNDS Current Yar Prim Year I. Losses 2A Line 34, Cdunn 8) _ . . . . . . . .. .. . . . . .er.iEl_ . .. . . .. . . __ . . .- . ._ . ... . . . _ . . . . . . ?.2594..762,757 -- . . . . 10. 169,462164 2. ftdrdwerm POYBde on Pe'dlwea eMblS edaelaenl eapense5l8Medul¢ F Panl, Cdum6 . . . . . . ... . .. . . .. . . . . 3. Loss adix"Gam oyenses (Pad 2A, tice 34, Cdumn ) - - - - . . . . . . . . . . .. . . . . . 1W:915271 , 108,972,670 4. Concessions 91. _ . . . . . . . . . . 1672,655,240 . ... . 7,084,590,736 payable, contlnAeM camMssions and a0nsbrAr c4a9ea . . . _ . . . . . 5. Odes exterim (excWdin Lades, Feonaas and 7e¢s5 . _ _ . . .. _ . _ . . . 134,963.1118 . . . . . .. . . . ... 1Y0,Sd7;309 . . .. .. . . . . .. .... . .. .. . . _. . . . . . _ . _ . . 414:446,661 . . . .. .. . . . . .. 355,_278,576 8 Taxes, 8cansea endless Poxtludnpfeomalam fadgnlreamfax¢s1 . .. . , 21 Caren federal and faeian Darla Indud . . . .. . . . . _ . . . . . . . .. . . 250,690,378 . . .. 208,364;691 ( rqf ,, . _._ 0 onma9aed cgnlld' pans (bsse3O " " 72 NOIQdeced lax 5aW6Y _ . . . . . _ . . ._ _ . _ . . . . . . . _ . . . . . . . .. _ . . ._ 8. borrowed morl¢Y f. . _ . . , 949,875 and ldosslmtreat f 5853 - - A Linearned Premums (Pill lA Line 3T, Winer 5) (aft" detluerq useat]al premimsfm rededrelnyxarse of 1515,126 1,Hb',151 51,937,007,225 antlinclvan9 waTanh reserves old p 10. amame pren9um , . . � . .. _ . . . . 36M689,493 3,114,705894 n. Divider declared widunpaid: _ . .. . . ... . . _ . . . . . .. .. . . . . . . . .. . . . .. . . .. . . . . .... . .. .. . . . . . . . . . . 39996,388 , .. n.7ds,iz3 11.1 slttkMf@rs 11.2 Pdk)M4ders . . . ... . . . . . . . . . . .... .. . . . .. . .... ... . . . . . ... . . . . . .. . .. .. . . . . . .. ._.... .... . . . . .... . . .. . . . . . . . .. . .. . . . . .. . ... .. . . .. .... . . . . . . .... .. . 1280 684 12 Cededrdmumme FYlax>'ms payabk (neldrednp rglmcsgm) ._. . . . . .. ..... . .. . . . . . . .. . . . _ . . .. .. . .. .. . . .2. .. . .. ..... . . . . 9195,933 1A Funds held by mepany under rent"M bnues (Scbedue F. PaR3, Column tB . . .. . ... . . . . . . .... . . . ..... . ....... .. .. 8511b75,4t1 ". 81 . ,981 .. 14. Ammons wlmhdQ arelebad bycrospatyall aacunt doNera . .. . . _ . ... . . _ .. .. _ . .. _ . . . ..... . ._ . . . 187Br 16?:?90 . . . . . _ . .. . 7.966,905,417 . . .. . . .. . . : . 25. Ra4lxllames aMimms mt dlaraled � � " " " " " ' " ' _ . , , 6J1,437a88 fi79,5fi1,E07 . . .. . . . . ... . 18. Prod3ion for reimmrwe (ScheduN f, Pa'17) . . - - - ' 17. Net adlusbllens In 1159143 and 434131es due h 4wel9n emhange rales . . . . .. . 116590 fifir 120072064 16 Glens aumlandDi3 . ..... f4 Paye .. . . .. . . . . . _ . . ... 188359818 . . .Payable la Dared, subsldialee end edJleleb " " " - " " � - 10. POYBbIl b4suurt0es - - - - � � �" " � - -" " - " � - . .. _ . 81311.136 _ . .. , . 159089,130 318931665 _ 779430,e26 21- lialr171oralmurttslad wmrunlrsemtl mare , . . _ .. . . . . . .. . . . . . . .. . . . . . . - . _ . N. C Bal Homs . . . . . . . . . .. .. .. .. . . . . � i O , em lnlmesltharwn5 0 _ _ . . . - . . . . ' . . _. . ZJ. POple9am wdrlm ra fia09Ae5 . . . .. . _ _ _ . . _ . . . . . . . . . . _. . ._ . . .. . . . . . , . . _ ... .. . .. . . .. . . . . .. .. .. . .. _ . .. . . . . . . . . . .. . _ . .. . . . ... . J679769,042 . . . __. . . . . . . . 14. TOI01le0LVUW exd4Qr0 DroledeO tdl FiU9itias (lplss7 Urou9h ZS 231 %OgetlOefliebke .-.' .-.-.-.�."..' .. . . .. .. . . . 13,005;907,618 . . . .. ... . . 79J39. fi.6 _9786080305160 26. TOW 6abBibaNnes 24 and 1 25) . . ... . . . _ . . . . . . . . .. . .. .. . . . . . 27. A - .. .. . .. . 23.005.904.618 ' 19,997,683,060 99rs9ale lxile.ixs la a�Md sVIpBS hmQs -- "" - ' ' - 28. Carron comm atonk _ - . _ _ . _ _ 94$ SV2 811,135,82 29. Pridered c3old sWl% , , . . _ .. _ . . . _ . . . 7a Bail am . . 30. Aggregate wsM:rs fwos3erthsn Who wrpfaz 4ontls � - "" "" ' " ' 31. Sur as Doles - . _ . . . - tuo,o66 _. q t,75.o-M . . .. . . . . .. . . . . . . . . . . .. .. " _ . . . . . . . . . . . . . 891965,161 . . . . 1 073 Y09,/3I 33 Um3dpned mntls 3ssemus) .. . . . .. . . . . . _ . . . . .. . . . . . . . . . . . . . . . . . . . . . . . % . . . . . . ... . . . . .. . . . _ .... . . . . , . . . .. .. . .. . .. . .. .. .. . . . . . . .. . . ._ . . . . .. . . . __ . . .. . . , 562725}.115 . . . .. . . . . -0,968,717,810 less Veasmyslock dsOSL _ . .. . . . . _ " . _ . . _. _ .. . . . . . .... . . . 0. . anrep 75. 6uybam 'as regaNs pdk6Z W. 31 Leas 2710 73, leu 34) (Pa9e 4. LNe 391 . . ... . _. . . . .. . . . . .. .. . . . ... . . . . . . . . . . . . .. .. . . .. _ . . .... _ ... .. . . . . . . . 1162 299954 9.952129 29 36- TOT=S P e 2, Ore 2fi W. 31 " " " . . .. .. . . . ... . . . . . . . . . . ... . . . . .. 3482920-0 577 29970012089 DETAILS OF Mums 2301. DNB] IiabifAe4 1302 .. . . . .. . .. . .. .... .. . . ..... .. ..... .. .... . . .. .. ."..... . ... . . . ... . .. 228177879 780.862,751 Aeboec8re reirsumrx reserve ceded ... . .. . _.. . ... .. . ... . . ... . . . .. . . . .. . . . _ _ _ . . . . . . . .. . . .. . . . . .... . . 2361 Arm �ddun5aunlrol4Wplans".. . .. . . . . . .. . . . . "-- . . . . . . . . . . . . . .. . .. . . . . .. _.. . . .. ... . .. .. .. ... . . .. . . .. .. . 11.73L25a,1"eJ .. . .. .. . . . (i;5ie,issltj . . . . .a'4i.. .. 239x. or avydremei arrall reins br line 238an trmeow .... . ... ..... .. . . . .. .. .. . . . . .. . .. .. . . . _. . . . . .. . 666.106,759 ...SAI1,761 Pa9e . . . .... .. ... . ... . . .. . . ..a .... . .. . . . . ." . 282392394 Tome Nms 2301 Nmu h2303Pkn1 Line27 a8oce ""' . .. . . . .. ..... . .. .. . . ..... .. . .. . 257210358 490,520.128 678.769.047 (35'9,600.531 2]01: .Sp�suR6r; ,aan mtroacfira.raw2_nce 7702. . . . . . _ . . . " , . . .. . . . . ._. .. . _ . . . . . . ... .. . ... .. . .... . . . . . . ... . . . . 946,875,402 . . . .. . . . . . . .. 871.135,621 . . . ... . . . . . . . ... ... .. ... _ .. . . . .. . .. . . . .. . . . . . . . . . _ . .. . . -. .. . . . _. . 2798. TauMarydresryn4nD xWeim kt Ore 27fiwn Overmw Pape . .. . . . . . . .. . . . .. . . . . .. . .. . . . . . . . . . . . . .:. . ... .. . . .. . . .... . .. . . . . ... . ." . . ... . . .. . . . ... . . .. . . . . .. .. . .. . . .. . . . 2799. Totals Nms 1701 mrou h 27oJ s 17 � - " ' 3W t. Ovr„., 47 turd;. . . . .. .. . .... . . . .. . B .875402 811,15623 3002 ... . . . . 1,150000 .. . .. . .. .. . .. . . 7,150,000 3093-bummayOfremldn9wnleina3a-Ir1¢ 30 bomnm'1i0'xpa9a , - . . . TOlals Llrrea 3001m h30W us 3088 {LLte . . . . . . .. . . . . . - ' - "'---"'--' .. . 1,259.o07 _„_ t2sol666 San" cr .ds'r. a VI PA .. . CGand . . . .. . . .. . , w an aiIMCYbh3 YM>:apW,1M'JlYpptq dt4r vam. Dvtdppetaub NY alttNW vw M tlwaPad ORgn nl N3]M1Da:n] nnYlY. nn0 Aar m Vb rv[atlrq Pn<d aYbtl Wl lie e,a'fnpnxlpeyM1p Nb:,prp "4331 teal"al"P`ee N Na 4w nT'mny Mmi m va clear W . my kno arpLLYa emim avwµ wlwrab aleMa. soil Flails" an° DrM cmdlbn amlaNhalp exWDnaY>T mMN WMeNW. Mai w.. Mimed", Iq Nard eve 1UWnen191 at 11p sftoe aM am my* men ol:y1[Yw Ma¢vmmuxnn lila DpK,Arenual flumeM ° Mp'3na YDM9f184d e0gLalpIX slrm+a end dmu4f4�aeMeapardrlre G8Yg11mW], - YQ51al: e:. IlldKKtbb til xrpubla,vtmlmig. iim *a ;pnM0.4 A, bnaam nlmvn3ni Rea'mesMt'd rtarvsl IIb Ap bb'mawm. leAyle,fenamyl 4 anw aaH� IrtMar,ran. alnt! MkMb3idunanp pltY qa enOpragda " M °el Ir aNle vfA 1811 NNG M:p, rp,:eld. Nai48n Ma{, kgi{a[Genl 'e• ItlmaN,q tleXMenpbdYpq GlCeYanF. yad oxKa ra eSalML1p bYv bplNUw'I fnN dtivNq,elpuM/b'njY. W,/a�1pl�ni,Mypm Wllq pm"604 M M1 aim raeNeN: n pdj�ey°II�° a, rizanwr Lry_ �,--u�a^ ' IL."M .._� ?3b• ROWn y,l .. NWuuy) Santa ITIp 6 C!O Vr Paf"an] x' sae.aweapdanammeebM nw ma ON °aa, dW er ._".Jou... __ . Poon . . e. enb od�T auenYr Yes Sxluof 1 B. IIna 184bm°d:ynYmOM epMpp . . . .. . . . . . .. _ /ice 06.E 2ON 0.tl ... . . . . . I .. .. . . .. . . . I . .. .. .. ..... 11iu:nayNnaee nllrnJW ."' 'THIS POWER OF ATTORNEY-IIS NOT VALID UNLESS ITIS PRINTEDON REOrBACKGROUND. �4�7b0 This Pawe1.r of Attorney limits the acts a& those namedlaerein, and they`,have no authority to bind the Company except. in the 'manner andso -the extent herein stated. -_ - s- _e_ tl .. .. . - - -- LIBERTY MUTUAL INSURANCE COMPANY- _ _ - BOSTON, MASSACHUSETTS_- POWER-OFATTORNEY KNOW ALL ;PERSONS BY THESE PRESENTS: ,= That LibertyMutual , lnsurance Company (the :company"I a Massachusetts stock insuran1.ce company, pursuant to and by authority of the9y-faw and Authorization hereinafter set forth, Hoes hereby. name, -constitute and appoint D. MICHAEL SHERMAN„JOSEPH C. BE 1CK IEFt, MATTHEW D: BEVINS, STEVEN C BUELTEL, ALL OF THE .CITY OF CAPE"CORAL, STATE:OF 'FLORIDA. ....... .......... ... -_each individually if there;be more than- ona gamed,=ds true, aitd -lawful attorney to fact to make execute seal, acknowledge and deliver, for and on its behalf as surety and as ds-act and dead an and-all undertakings, bonds, recognizances:end other,sdre obli atidns m the anal sum-not exceeding SEVENTY FIVE MILLION ANOODYY00*-*** ******** **** DOLLARS $ 75.DOO,OOD:00 P ( - 1 each , add the execution of such undertakings bonds; recognizances and other surety obl1.igations, fn pursnanse of:-these -presents, shall be gas binding upon the Company as rf.they hadbeenduly srgned,by the presirfent`end`attested by the secretaryof ffie Company3n their owri:propecpersons. - That this power is made and executedpursuant to and by authorityofthe folloWing By lawandAuthorFzation- ARTICLE XIII - Execution of Contracts: Section 5 SuretySoniis and Undertakings: - Any;officer of fha Company.authorized for; that. purpose ri wnbng=.by the chairman or the president, and subject to such limitations-as the 9 .9chairman or the president may,prescribe, -shall appoint such attorneys-in fact as =may be necessary t1. o act, in behalf-oftne CompanyCfo make, R execute seal, acknowledge and deliver as surety any and all' undertakings, fonds, mcagnizanees and other surely obligations. Suchmc w attomays-in-tact, subject to the limdahons set forth irl their respective powers of.attorney, shal[ heva full powerto bind the-Company by their -� C signature and execution of any such- rnstrumentsand to attach thereto the-seal of the Company:: Whenso'executed such;instruments shall be =a CL as binding as if signed by3he president and attested l g fhe see etaryi c S . : '. By thefollowing instrument the chairman'of the president has authorized the officer orather official named therein to appomCattorneys-in-fact: s Pursuant to AM, cle XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary c of L{herty Mutual Insurance Company, is `hereby - r i authorized to appoint such attorneys-m tactors mag ba-necessary to'act in behalfof the Companyto' make; execute, seal, acknowledge and m j deliver as surety any and all undertakings, bonds, recoggizances and other surety obligations. -.c L t� (Q ;3 thiif fhe ByJaw_ and the Autnonzation seGSorthebb Im- ve are true copiesthereofand are now in full force and effect - TO 7 INFWITNESS WHEREOF, this Power ,bfAtforney hashee-h subscribed byan ,authorized officer or official of the Company and the corporate seal of � ,� Lioerty Mutual Insurance Company has beenaffixedthereto irr Plymouth Meeting, Pennsyivaniathfs 30th day of l= -December. O -- 9005 _ c ;y - - LIBERTYMUTUAL INSURANCE COMPANY � D m . Y C - `* f ^ - Garnet W Elliott Assistant Secretary � rn o MMONWEALTH OF PENNSYLVANIA- ss - . ; '— y -COUNTY OF MONTGOMERY ` - - - � - win Oa - :- - - _ _` O m Onlhis da of Decemb 2 ` - v 0 , - -- Y —�- ry personally',came Garnet W Elliott tome known,-and acknowledged 0 _ - ODB , Before me, allota P If that he is an Assistant secretaryof Liberty Mutual IneUranoa +company; that he knows tha seal of said corporatron,'and that he,executed the-above Gi Power of Attorney and affixed the corporate seal of Liberty Mutual -Insurance �pmpany"thereto with fhe authority and at the direction of said corporation. �:- v. � IN TESTIMONY WH E* a)vp �2d Ontosubscribed my nameand affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t-a O first abovewrraen,- 3% �- o CV tbNpitnJwFJn T€tAPFENN 19.VAPiU( - EK YLdP�� fiyCataaixElµYmcartzr -Ter sa Pastalla, Notary Public cOi a CERTIFICATE :: 1.°°""°a ?°'°i*�ip""'fs"sswdnra"»tN^k�ic _ O ro - - I itie under signiidFAssistan ecretary of-Liberty Mutual Insurance Com9' Lpany�do;herbbyLedify thaflb&,origine powef4yf attom*bf:which the foregoing - is. a{ull, true anii correct copy, is-in full force and effect an the dateof fhiscenifcate and lido Curtner certify ihaYfhe tifficer or-official who executed the said power of atfomeyis an AS Secretaryspeciafly authorizetl iiy the chairman or tfie :preSider}t#n-appoirtf attorneys-in-factors provided in Artic[a Xilf Section 5 otaheBy4wa f Liberty Mutual Insurance Company:': =- -- - This certificate and the above power of attorney may: be signed by facsimile :or mechanically reproduced signatures under and by authority of .the - L.followingvote-Dicke boaN of directors of liberty Mutuallnsurance Company at a-meeting dulyicailed and held onthe ,f2th day of fvtarch, 1980. VOTED that She facsimile dr mechanically reproduced signature of any assistant! secretary of the oompagy, wherevec'. appearing upon a LL certified copy of any power of attorney issued by 1 company in connectlon-with surety bonds, shall be valid. and 6inding 'up9 the company With thesame force�and effect as though manually affixed, • . . -IN TEST ONY WHEREOF, Ihave hereunto subscribed mymame and affixed the corporate seal pt the said company, this day of By"""_ J `� . = Davi M. Carey;ASSjR nt Secretary 'THIS POWER OF ATTORNEY-IIS NOT VALID UNLESS ITIS PRINTEDON REOrBACKGROUND. �4�7b0 This Pawe1.r of Attorney limits the acts a& those namedlaerein, and they`,have no authority to bind the Company except. in the 'manner andso -the extent herein stated. -_ - s- _e_ tl .. .. . - - -- LIBERTY MUTUAL INSURANCE COMPANY- _ _ - BOSTON, MASSACHUSETTS_- POWER-OFATTORNEY KNOW ALL ;PERSONS BY THESE PRESENTS: ,= That LibertyMutual , lnsurance Company (the :company"I a Massachusetts stock insuran1.ce company, pursuant to and by authority of the9y-faw and Authorization hereinafter set forth, Hoes hereby. name, -constitute and appoint D. MICHAEL SHERMAN„JOSEPH C. BE 1CK IEFt, MATTHEW D: BEVINS, STEVEN C BUELTEL, ALL OF THE .CITY OF CAPE"CORAL, STATE:OF 'FLORIDA. ....... .......... ... -_each individually if there;be more than- ona gamed,=ds true, aitd -lawful attorney to fact to make execute seal, acknowledge and deliver, for and on its behalf as surety and as ds-act and dead an and-all undertakings, bonds, recognizances:end other,sdre obli atidns m the anal sum-not exceeding SEVENTY FIVE MILLION ANOODYY00*-*** ******** **** DOLLARS $ 75.DOO,OOD:00 P ( - 1 each , add the execution of such undertakings bonds; recognizances and other surety obl1.igations, fn pursnanse of:-these -presents, shall be gas binding upon the Company as rf.they hadbeenduly srgned,by the presirfent`end`attested by the secretaryof ffie Company3n their owri:propecpersons. - That this power is made and executedpursuant to and by authorityofthe folloWing By lawandAuthorFzation- ARTICLE XIII - Execution of Contracts: Section 5 SuretySoniis and Undertakings: - Any;officer of fha Company.authorized for; that. purpose ri wnbng=.by the chairman or the president, and subject to such limitations-as the 9 .9chairman or the president may,prescribe, -shall appoint such attorneys-in fact as =may be necessary t1. o act, in behalf-oftne CompanyCfo make, R execute seal, acknowledge and deliver as surety any and all' undertakings, fonds, mcagnizanees and other surely obligations. Suchmc w attomays-in-tact, subject to the limdahons set forth irl their respective powers of.attorney, shal[ heva full powerto bind the-Company by their -� C signature and execution of any such- rnstrumentsand to attach thereto the-seal of the Company:: Whenso'executed such;instruments shall be =a CL as binding as if signed by3he president and attested l g fhe see etaryi c S . : '. By thefollowing instrument the chairman'of the president has authorized the officer orather official named therein to appomCattorneys-in-fact: s Pursuant to AM, cle XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary c of L{herty Mutual Insurance Company, is `hereby - r i authorized to appoint such attorneys-m tactors mag ba-necessary to'act in behalfof the Companyto' make; execute, seal, acknowledge and m j deliver as surety any and all undertakings, bonds, recoggizances and other surety obligations. -.c L t� (Q ;3 thiif fhe ByJaw_ and the Autnonzation seGSorthebb Im- ve are true copiesthereofand are now in full force and effect - TO 7 INFWITNESS WHEREOF, this Power ,bfAtforney hashee-h subscribed byan ,authorized officer or official of the Company and the corporate seal of � ,� Lioerty Mutual Insurance Company has beenaffixedthereto irr Plymouth Meeting, Pennsyivaniathfs 30th day of l= -December. O -- 9005 _ c ;y - - LIBERTYMUTUAL INSURANCE COMPANY � D m . Y C - `* f ^ - Garnet W Elliott Assistant Secretary � rn o MMONWEALTH OF PENNSYLVANIA- ss - . ; '— y -COUNTY OF MONTGOMERY ` - - - � - win Oa - :- - - _ _` O m Onlhis da of Decemb 2 ` - v 0 , - -- Y —�- ry personally',came Garnet W Elliott tome known,-and acknowledged 0 _ - ODB , Before me, allota P If that he is an Assistant secretaryof Liberty Mutual IneUranoa +company; that he knows tha seal of said corporatron,'and that he,executed the-above Gi Power of Attorney and affixed the corporate seal of Liberty Mutual -Insurance �pmpany"thereto with fhe authority and at the direction of said corporation. �:- v. � IN TESTIMONY WH E* a)vp �2d Ontosubscribed my nameand affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year t-a O first abovewrraen,- 3% �- o CV tbNpitnJwFJn T€tAPFENN 19.VAPiU( - EK YLdP�� fiyCataaixElµYmcartzr -Ter sa Pastalla, Notary Public cOi a CERTIFICATE :: 1.°°""°a ?°'°i*�ip""'fs"sswdnra"»tN^k�ic _ O ro - - I itie under signiidFAssistan ecretary of-Liberty Mutual Insurance Com9' Lpany�do;herbbyLedify thaflb&,origine powef4yf attom*bf:which the foregoing - is. a{ull, true anii correct copy, is-in full force and effect an the dateof fhiscenifcate and lido Curtner certify ihaYfhe tifficer or-official who executed the said power of atfomeyis an AS Secretaryspeciafly authorizetl iiy the chairman or tfie :preSider}t#n-appoirtf attorneys-in-factors provided in Artic[a Xilf Section 5 otaheBy4wa f Liberty Mutual Insurance Company:': =- -- - This certificate and the above power of attorney may: be signed by facsimile :or mechanically reproduced signatures under and by authority of .the - L.followingvote-Dicke boaN of directors of liberty Mutuallnsurance Company at a-meeting dulyicailed and held onthe ,f2th day of fvtarch, 1980. VOTED that She facsimile dr mechanically reproduced signature of any assistant! secretary of the oompagy, wherevec'. appearing upon a LL certified copy of any power of attorney issued by 1 company in connectlon-with surety bonds, shall be valid. and 6inding 'up9 the company With thesame force�and effect as though manually affixed, • . . -IN TEST ONY WHEREOF, Ihave hereunto subscribed mymame and affixed the corporate seal pt the said company, this day of By"""_ J `� . = Davi M. Carey;ASSjR nt Secretary SECTION 00452 - Sworn Statement under Sect. 905.08 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, I This sworn statement is submitted with Bid, Proposal or Contract No. o7o2 IRC Parks Maintenance Com lex Tor I 1 . This sworn statement is submitted by, DeAngelis Diamond Construction Inc (Jvame of enMySubmit 19 swum slatan,enf) whose business address is: E635 Wi12ow Park Drive nta les , pi 34109 (if applicable) its Federal Employer identncation Number {FEIN) is 65 - 0634426 and i 2. My name is Norman sentry i and my relationship to the entity named above S oVicedPr s9ident I 3 . 1 understand that an "affiliate" as defined in Section 1 D5:08 , Indian River County Code, means: The term "affiliate " includes those 0Fcers, 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, step- father, stepmother stepson, stepdaughter, stepbrother. stepsister, half brother, half sister, grandparent orgrandchild. 5. Based on information and belief, the statement which i have marked below is true in relation to the entity submitting this sworn statement [Please indicate which statement applies .] i x Neither the entity submitting this Sworn statement, nor any officers, directors, executives, partners , shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105 .08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners , shareholders employees, members, oragents who are active - -- in-management of-the-entity-have-the-following-refaiionshipswith -a-r,-ouflty--- Commissioner or County employee:00452 - 1 C 00452- Disclosure of Relationships REV 04-07:doc F:1Engineenng\Capital ProjectA07D9 IRC PARKS RCOMPLEY,1Conhact ➢oa, e..s Eng11RC P�yrs M,e.n Disdosum {e y CompleHC0452 - of _eiadomtj1ps REV D4-07.doc SECTION 00452 - Sworn Statement under Sect. 905.08 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, I This sworn statement is submitted with Bid, Proposal or Contract No. o7o2 IRC Parks Maintenance Com lex Tor I 1 . This sworn statement is submitted by, DeAngelis Diamond Construction Inc (Jvame of enMySubmit 19 swum slatan,enf) whose business address is: E635 Wi12ow Park Drive nta les , pi 34109 (if applicable) its Federal Employer identncation Number {FEIN) is 65 - 0634426 and i 2. My name is Norman sentry i and my relationship to the entity named above S oVicedPr s9ident I 3 . 1 understand that an "affiliate" as defined in Section 1 D5:08 , Indian River County Code, means: The term "affiliate " includes those 0Fcers, 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, step- father, stepmother stepson, stepdaughter, stepbrother. stepsister, half brother, half sister, grandparent orgrandchild. 5. Based on information and belief, the statement which i have marked below is true in relation to the entity submitting this sworn statement [Please indicate which statement applies .] i x Neither the entity submitting this Sworn statement, nor any officers, directors, executives, partners , shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105 .08, Indian River County Code, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners , shareholders employees, members, oragents who are active - -- in-management of-the-entity-have-the-following-refaiionshipswith -a-r,-ouflty--- Commissioner or County employee:00452 - 1 C 00452- Disclosure of Relationships REV 04-07:doc F:1Engineenng\Capital ProjectA07D9 IRC PARKS RCOMPLEY,1Conhact ➢oa, e..s Eng11RC P�yrs M,e.n Disdosum {e y CompleHC0452 - of _eiadomtj1ps REV D4-07.doc i Name of Affiliate Name of County Relationshipj or En ti ' Commissioner or emplD es All l 2. 3 . 4. 5 . s. 7 / (signature) Vf 06 /10 /09 (date) STATE OF Florida COUNTY OF Collier Personally appeared before me, the undersigned authority, Norman Gentry , who after first being sworn by me: affixed his/her signature in the space provided above on this to day of .=un 20 09 1 - I ✓� - / !// /. �—�'-// / '� ,�„ „ LYNN DONOHUE Not ry Pubtic, State at targe MYGOMM15510N % DD 676042 My Commission Expires: ? 'P EXPIRES May 20 2011 "'%P,ffY¢` Bonded ThN Notary PWllc Undem'dOrs 1 I i " END OF SECTION PkEnOD452 - Disciastue of ReJationsbips REV 04-o7.tla 00452 - 2 D'SC10gt M 011 Relapda3 hPs PrCR V 04- IRC PARKS COMpL�Contract Documents ErMMC Parks Maintenance D=p1e)W0452 - DisGosu2 0; Ralationstups REV 04-07.tloc i Name of Affiliate Name of County Relationshipj or En ti ' Commissioner or emplD es All l 2. 3 . 4. 5 . s. 7 / (signature) Vf 06 /10 /09 (date) STATE OF Florida COUNTY OF Collier Personally appeared before me, the undersigned authority, Norman Gentry , who after first being sworn by me: affixed his/her signature in the space provided above on this to day of .=un 20 09 1 - I ✓� - / !// /. �—�'-// / '� ,�„ „ LYNN DONOHUE Not ry Pubtic, State at targe MYGOMM15510N % DD 676042 My Commission Expires: ? 'P EXPIRES May 20 2011 "'%P,ffY¢` Bonded ThN Notary PWllc Undem'dOrs 1 I i " END OF SECTION PkEnOD452 - Disciastue of ReJationsbips REV 04-o7.tla 00452 - 2 D'SC10gt M 011 Relapda3 hPs PrCR V 04- IRC PARKS COMpL�Contract Documents ErMMC Parks Maintenance D=p1e)W0452 - DisGosu2 0; Ralationstups REV 04-07.tloc SECTION 004.34 _ 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. 071 for IRC Parks Maintenance Complex 2. This Sworn Statement is submitted by Dean elis Diamond Construction inc . (Legal Name of 2�` Y Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER'S 6635 Willow PArk Drive Naples , The 341BI 09 address is _ BIDDER'S Federal Employer. l dentillcation Number (FEIN) is 65- 034426 3 . My name is Norman Gentry (Print Name of Individual Signing) and my relationship to the BIDDER Is Vice President (Pasitlon or7we) 1 cer#ify, through my signature at the end of this Swom Statement, that 1 am an au#horized represen#ative .of he 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 55300 et sea Florida rand efer to the , app[icabie Flonda Statues) and/or OSHA Regulatton(s) and5include the effective date" in the citafion(s). Reference to and compliance with the applicable Florida Sfatute(s) and OSHA Reguf2 Or) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER Or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards, 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ 1 , 216 . 50 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 methDd(s) of compliance on this Project: slave to repose The determination of the appropnate methods) 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. 7j-- -The-BIDDER—has-altocated and-Included-in its brd the total amount of $ - - based on the square. feet of shoring to be used for compliance with—=shoring safety' - requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: No shoring needed - - 00954 - Florida Trench Safety Act - REV 04-07.doc F:1Ervineemi;g capiw Projects107o1 IRC PARKS cOMPLEX00 54 - 1 Florida Trench Safety Act - REV-04-07.doc ntraot DOCUmeft•c EMI]RC Pals MMntenance Cnnlfe;,00".5;- SECTION 004.34 _ 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. 071 for IRC Parks Maintenance Complex 2. This Sworn Statement is submitted by Dean elis Diamond Construction inc . (Legal Name of 2�` Y Submitting Sworn Statement) hereinafter "BIDDER". The BIDDER'S 6635 Willow PArk Drive Naples , The 341BI 09 address is _ BIDDER'S Federal Employer. l dentillcation Number (FEIN) is 65- 034426 3 . My name is Norman Gentry (Print Name of Individual Signing) and my relationship to the BIDDER Is Vice President (Pasitlon or7we) 1 cer#ify, through my signature at the end of this Swom Statement, that 1 am an au#horized represen#ative .of he 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 55300 et sea Florida rand efer to the , app[icabie Flonda Statues) and/or OSHA Regulatton(s) and5include the effective date" in the citafion(s). Reference to and compliance with the applicable Florida Sfatute(s) and OSHA Reguf2 Or) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER Or ENGINEER and they shall have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards, 5 . The BIDDER assures the OWNER that it will comply with the applicable Trench Safety Standards. 6. The BIDDER has allocated and included in its bid the total amount of $ 1 , 216 . 50 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 methDd(s) of compliance on this Project: slave to repose The determination of the appropnate methods) 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. 7j-- -The-BIDDER—has-altocated and-Included-in its brd the total amount of $ - - based on the square. feet of shoring to be used for compliance with—=shoring safety' - requirements and intends to comply with said shoring requirements by instituting the following specific method(s) of compliance on this Project: No shoring needed - - 00954 - Florida Trench Safety Act - REV 04-07.doc F:1Ervineemi;g capiw Projects107o1 IRC PARKS cOMPLEX00 54 - 1 Florida Trench Safety Act - REV-04-07.doc ntraot DOCUmeft•c EMI]RC Pals MMntenance Cnnlfe;,00".5;- The determination of the appropriate method (s) of compllance 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 Tranch Safety Standards. S) The BIDDER, in submitting this bid, represents that it has obtained and considered ali available geotechnical information, has uliiized said geotechnical information and that, based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Projecfs surface and subsurface site conditions and characterisfics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project BIDDER: DeAngelis Dianne, onstruc Inc. By: Noun Gentry Position or Title: vice President Date: _ ns /ie, / os STATE OF Florida COUNTY OF collier Personalty appeared before me, the undersigned authority, Norm Gentry who after first being sworn by me, affixed his/her signature in the space provided above on this 10 day of 20 os � . Not Public, State at targe M LYNNDOND}�UE a Y COMMISSION # DD V 42 MY Commission Expires: EXPIRES: May 20, 2011 Bonded ThN Notary Publp Unde rs - * END OF SECTION 00454 - 2 00454 - Florida Trench Safety Act - REV 04-07 . F:1Engineedng1Capifal Projects\0701 IRC PARKS CCMPLIX\Canhact bocumenL EngORC Parks Maurien nr GompITA90454 - norida Trench Sarety Act - REV 04-07-doc The determination of the appropriate method (s) of compllance 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 Tranch Safety Standards. S) The BIDDER, in submitting this bid, represents that it has obtained and considered ali available geotechnical information, has uliiized said geotechnical information and that, based on such information and the BIDDER's own information , the BIDDER has sufficient knowledge of the Projecfs surface and subsurface site conditions and characterisfics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system(s) for the Project BIDDER: DeAngelis Dianne, onstruc Inc. By: Noun Gentry Position or Title: vice President Date: _ ns /ie, / os STATE OF Florida COUNTY OF collier Personalty appeared before me, the undersigned authority, Norm Gentry who after first being sworn by me, affixed his/her signature in the space provided above on this 10 day of 20 os � . Not Public, State at targe M LYNNDOND}�UE a Y COMMISSION # DD V 42 MY Commission Expires: EXPIRES: May 20, 2011 Bonded ThN Notary Publp Unde rs - * END OF SECTION 00454 - 2 00454 - Florida Trench Safety Act - REV 04-07 . F:1Engineedng1Capifal Projects\0701 IRC PARKS CCMPLIX\Canhact bocumenL EngORC Parks Maurien nr GompITA90454 - norida Trench Sarety Act - REV 04-07-doc SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRET ION TO REJECT THE BIDS OF NDN- RESPONSlBLE BIDDERS , 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 j be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No : 0701 Project Name: IRC Parks Maintenance Complex t . Bidders Name / Address: DeAngelis Diamond const=ction Inc - 6635 Willow Park Drive Naples , Florida 34109 i 2. Bidder's Telephone & FAX Numbers: 239 -594 - 1994 239 - 594 -1995 3 . Licensing and Corporate Status: a, Is Contractor License currenv yes b. Bidder's Contractor License No: eccosasoo [Attach a copy of Contractor's License to the bid] j c. Attach documentation from the State of Florida Division of Corporations that indicates the business entitVs 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: 12 5 . What is the last project OF THIS NATURE that the firm has completed? Estero Fire & Rescue District Administrative Building i . 6, Has the firm ever failed to complete work awarded to you? no Of your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7 . Has the firm ever been assessed liquidated damages? no [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and liatthe project name, Owner, and the Owner' stelephone number -- - _.__ -fDr-eacb_projec -in which_liquidated _damages_have_been-assessed_]. __ 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? no [If your answer is "yes; then attach - a separate -page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.) P-W_ 00456 - Quallflcat-lDse Questionnaire - REV 04-07.doc ! REV04-02doc mlPmJecLs10701 IltCPA2<C CQM�Y?�� ^t➢r-mstszu8�1-°^, °3k: 3daiv�iana (`,=Icoeoo56 - Q=Lmmtiv Qursriunn>me - . SECTION 00456 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRET ION TO REJECT THE BIDS OF NDN- RESPONSlBLE BIDDERS , 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 j be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No : 0701 Project Name: IRC Parks Maintenance Complex t . Bidders Name / Address: DeAngelis Diamond const=ction Inc - 6635 Willow Park Drive Naples , Florida 34109 i 2. Bidder's Telephone & FAX Numbers: 239 -594 - 1994 239 - 594 -1995 3 . Licensing and Corporate Status: a, Is Contractor License currenv yes b. Bidder's Contractor License No: eccosasoo [Attach a copy of Contractor's License to the bid] j c. Attach documentation from the State of Florida Division of Corporations that indicates the business entitVs 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: 12 5 . What is the last project OF THIS NATURE that the firm has completed? Estero Fire & Rescue District Administrative Building i . 6, Has the firm ever failed to complete work awarded to you? no Of your answer is "yes, then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7 . Has the firm ever been assessed liquidated damages? no [If your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and liatthe project name, Owner, and the Owner' stelephone number -- - _.__ -fDr-eacb_projec -in which_liquidated _damages_have_been-assessed_]. __ 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? no [If your answer is "yes; then attach - a separate -page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.) P-W_ 00456 - Quallflcat-lDse Questionnaire - REV 04-07.doc ! REV04-02doc mlPmJecLs10701 IltCPA2<C CQM�Y?�� ^t➢r-mstszu8�1-°^, °3k: 3daiv�iana (`,=Icoeoo56 - Q=Lmmtiv Qursriunn>me - . 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 for each project] 10 . Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11 . Has the firm ever defaulted on any of its projects? no [if your answer is ",yes, then attach a separate page to this questionnaire that explains the 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. 13_ Name of person who inspected the site of the proposed work for the firm: Name : waiter Pietrus Date of Inspections: April 29 , 2009 14 . Name of on-site Project Foreman: Marr Bernard Number of years of experience with similar projects as a Project Foreman : is years 15. Name of Project Manager David Kovalik Number of years of experience with similar projects as a Project Manager: s years 16 . What is the firm's bonding capacity. s 7s , 000 , 000 . oo [The remainder of this page was left blank intentionally] PmjecLh07_ *� rRKs cpp+o 96456 - Quarfieatom Questionnaire - REV 04-07-doc F:�.Tm�neainglCxpiL•1 ni _ rn T_/�.1Caotzc!D^=�..:SrTSu-°. a:s ,\'.ai�mnm :aeip7c4:0055 -CZuoli5o5ars RkYCA-07doc 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 for each project] 10 . Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. 11 . Has the firm ever defaulted on any of its projects? no [if your answer is ",yes, then attach a separate page to this questionnaire that explains the 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. 13_ Name of person who inspected the site of the proposed work for the firm: Name : waiter Pietrus Date of Inspections: April 29 , 2009 14 . Name of on-site Project Foreman: Marr Bernard Number of years of experience with similar projects as a Project Foreman : is years 15. Name of Project Manager David Kovalik Number of years of experience with similar projects as a Project Manager: s years 16 . What is the firm's bonding capacity. s 7s , 000 , 000 . oo [The remainder of this page was left blank intentionally] PmjecLh07_ *� rRKs cpp+o 96456 - Quarfieatom Questionnaire - REV 04-07-doc F:�.Tm�neainglCxpiL•1 ni _ rn T_/�.1Caotzc!D^=�..:SrTSu-°. a:s ,\'.ai�mnm :aeip7c4:0055 -CZuoli5o5ars RkYCA-07doc I I 16. Complete. the following table for SIMILAR projeots: Date Contact Person : Name Original Contract Final Contract Name of Pf o'egt Com leted Owner and Tele hone Number Amount Amount [Estero Fire & Admin Estero Fire & Rescue Chief Ed Dwyer Building . August , 2008 Y r 3 , 484 , 500 . 00 3 , 323 , 000 . 00 _ District 239 - 947 ,- 3473 South Regional January , 2009 Collier County Hank Jones �- - . Library .239 - 774 - 8999 6 , 519 , 000 . 00 ' 5 , 943 , 000 . 00 Golden Gate Libras ' Hank Jones v Y June , 2008 Collier County 239 - 5 , 200 , 000 . 00 4 , 879 , 000 . 00 774 - 0999 Worthington C . 0 I Worthington Maintenance Facility October , 2008 n . . C 0 OC . Paul Mankowsky 993 , 900. 0 N W 239 - 495 - 2278 11023 , 000 : 00 Naples Dodge June , 2008 Naples Dodge Tom Myers P g P g 239 - 594 - 210 1 , 731 , 000 . 00 1 , 755 , 000 . 00 Jon Myers Hyatt PlaceRon White o-ti 'f0 P(. ' January , 2009 Ba Inds Lodging ✓ Sarasota (.✓ r'T&-S G- 239 - 593 - 1300 W .t1t 7C-' 93001000 . 00 9 , 6001000 . 00 Germain BMW Preowneid December , 2008 Germain Motors Jeff Nunner 239 - 404 - 0732 784 , 000 . 00 806 , 000 . 00 ✓ Germain BMW eptember , 2007 Germain Motors Jeff Nunner 239 - 404 - 0732 51900 , 000 . 00 61100 , 000 . 00 v Fisher Eye Cantor March , 2009Dr . Brit Fisher Dr . Brit Fisher 239 - 431 - 7070 11276 , 000 .00 1 , 265 , 000 . 60 . Palm Chrysler April , 2009 Palm Automall Richard Hartman _941 - 639 - 1155 5 , 1961000 . 00 5 , 010 , 000 . 00 ' Palm Toyota - December , 2008 Palm Automall Richard Hartman 13 i4C 7 , 150 , 000 . 00 7 , 275 , 000 . tl0 941 - 639 - 1155 �4ZIjL,q, L \aJ (l•oNa Naples Motorsports ' March 2009 Naples Motors orts Todd Rosenthal 1'{rk IF- Jt P 10700 ' 000 ' 00 1 , 55s , 000 . 00 239 - 430 - 4655 Lock - Up Storage Bob Sudan Naples July , 2008 Lock - UP Storage 51100 , 000 . 00 5 , 250 , 000 . OU - 847 - 441 - 7783 Great Space June , 2008 p g Charlie Sample Great Space Storage 5 , 018 , 000 . 00 5 ; 140 , 000 . 00 978 - 371 - 2249 00456 - Quaffleations Questionnaire - REV 04-07.doc P:1Gn¢inearfnglCapilsl Pmjcc1s10701 IRC PARKS COMPL13MContreet Dacumcnls Eng\= Parks Maintenance Comploio\00456 - Quali6catlous Questlonnalre - RHV 04-07.doe I I 16. Complete. the following table for SIMILAR projeots: Date Contact Person : Name Original Contract Final Contract Name of Pf o'egt Com leted Owner and Tele hone Number Amount Amount [Estero Fire & Admin Estero Fire & Rescue Chief Ed Dwyer Building . August , 2008 Y r 3 , 484 , 500 . 00 3 , 323 , 000 . 00 _ District 239 - 947 ,- 3473 South Regional January , 2009 Collier County Hank Jones �- - . Library .239 - 774 - 8999 6 , 519 , 000 . 00 ' 5 , 943 , 000 . 00 Golden Gate Libras ' Hank Jones v Y June , 2008 Collier County 239 - 5 , 200 , 000 . 00 4 , 879 , 000 . 00 774 - 0999 Worthington C . 0 I Worthington Maintenance Facility October , 2008 n . . C 0 OC . Paul Mankowsky 993 , 900. 0 N W 239 - 495 - 2278 11023 , 000 : 00 Naples Dodge June , 2008 Naples Dodge Tom Myers P g P g 239 - 594 - 210 1 , 731 , 000 . 00 1 , 755 , 000 . 00 Jon Myers Hyatt PlaceRon White o-ti 'f0 P(. ' January , 2009 Ba Inds Lodging ✓ Sarasota (.✓ r'T&-S G- 239 - 593 - 1300 W .t1t 7C-' 93001000 . 00 9 , 6001000 . 00 Germain BMW Preowneid December , 2008 Germain Motors Jeff Nunner 239 - 404 - 0732 784 , 000 . 00 806 , 000 . 00 ✓ Germain BMW eptember , 2007 Germain Motors Jeff Nunner 239 - 404 - 0732 51900 , 000 . 00 61100 , 000 . 00 v Fisher Eye Cantor March , 2009Dr . Brit Fisher Dr . Brit Fisher 239 - 431 - 7070 11276 , 000 .00 1 , 265 , 000 . 60 . Palm Chrysler April , 2009 Palm Automall Richard Hartman _941 - 639 - 1155 5 , 1961000 . 00 5 , 010 , 000 . 00 ' Palm Toyota - December , 2008 Palm Automall Richard Hartman 13 i4C 7 , 150 , 000 . 00 7 , 275 , 000 . tl0 941 - 639 - 1155 �4ZIjL,q, L \aJ (l•oNa Naples Motorsports ' March 2009 Naples Motors orts Todd Rosenthal 1'{rk IF- Jt P 10700 ' 000 ' 00 1 , 55s , 000 . 00 239 - 430 - 4655 Lock - Up Storage Bob Sudan Naples July , 2008 Lock - UP Storage 51100 , 000 . 00 5 , 250 , 000 . OU - 847 - 441 - 7783 Great Space June , 2008 p g Charlie Sample Great Space Storage 5 , 018 , 000 . 00 5 ; 140 , 000 . 00 978 - 371 - 2249 00456 - Quaffleations Questionnaire - REV 04-07.doc P:1Gn¢inearfnglCapilsl Pmjcc1s10701 IRC PARKS COMPL13MContreet Dacumcnls Eng\= Parks Maintenance Comploio\00456 - Quali6catlous Questlonnalre - RHV 04-07.doe NOTE: Ifrequested by the ffiCounty, the Bidder shall fumisL references, and sufficiently comprehells ye to Hermit an appraisal ofits abilities is a con ' O n BY: /LGi frman Gentry Vice (Sig t President llfe) 06 10 0 � (Positior oor Title) * * END OF SECTION * (Date) 1 P1t1;Y 0407 �1Capital Pmjcc[ mol IRCPA:aIG4 C2�r��;., .aor C?=kaM aa3ifications Questionnaire - 0E-07.dac °��s E,^g+mwa� lAa�tca.�cc Ccmp�rs3C0.15b _ Qm7iEca�sQucstivn�m_ NOTE: Ifrequested by the ffiCounty, the Bidder shall fumisL references, and sufficiently comprehells ye to Hermit an appraisal ofits abilities is a con ' O n BY: /LGi frman Gentry Vice (Sig t President llfe) 06 10 0 � (Positior oor Title) * * END OF SECTION * (Date) 1 P1t1;Y 0407 �1Capital Pmjcc[ mol IRCPA:aIG4 C2�r��;., .aor C?=kaM aa3ifications Questionnaire - 0E-07.dac °��s E,^g+mwa� lAa�tca.�cc Ccmp�rs3C0.15b _ Qm7iEca�sQucstivn�m_ SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also lig 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. Documentation Submitted with Project No . 0701 for IRC Parks Maintenance Complex Work to be Performed Subcontractors Name/Address 1 . 5 iT fz Wpp�, fey � c�xGsF �Ai-rnf FL 3s`ffj s � , reu u 2. Vi tr_ IF � �1D tE P1 �I cutssA f� 1{�av ISVA� ctc Irb 3>2i6W 3. Fki c.4 c f �c rp 04) rCTgErL S/{F»!L W AFTER 5`I' �IhlJlf3 a4 If t{ 2b5S.-y- 4. Lry lrLrzA 4i/ ! g8;d35" K " �L r� n ,D man'(' +? rFLCg i 5. 0cRIC2. T� l �ff-CO ,tlr;?2-rr D �.».1c- US Pra /ycnvO f�h1.St ll�lG til + 11.0 eK_ DV_ $ E AlS IACD fSSTYLIf i 7. DWS ( bJA2 5ocrlhEzr`I DOOR- sy FM 8_ 0121E kP 1�� � 5 ► tzrc ne � �s �3S t AS Fc. 39 i 9- Ve°YWA LL FR w �i�rxriti L rf� G n r,, r� � �/S,—� cc � �y�S vC4 arZ L FL 33g tZ 12. .SPf rQ LT1r- 1 Se YJe '12 13. NETAC. t7rlLtlu� S Le, 9"1S ur 7�G. y3 .y ff 962 `'e>/' sfg2 14. _ QU 11� 1Cv ! TA /� / G F�4G7ZY �3a s s f C', £ C� ��11 �4L 15_ P L V Mr151 N t, 11277577 ee LUiY/3 ��� �OA[!� ��51� ?e� r3du� zdn 6/Aff-4 170flM L SS3� -1Nz� 7YW -- a s2 ,� - fl�p)� �ts - 17. r✓ SO .o�t CTElrr j S VR7akt Ql Afo4e4 ,t427T �e34dq i Nate: Attach additional sheets tf required . * END OF SECTIDN t D0458 1 00459 - List of Subconimcbm REV D4-07.doc F,lEm�neemtgtCappat PmJects�pt IRC PPRXS fAMPLIXICOMxtf]eotmmis En9�RC PaKS MaiNena� ComWe.Nlnd68 _LntafSubmn4aclw REV a.Wdx SECTION 00458 - List of Subcontractors The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also lig 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. Documentation Submitted with Project No . 0701 for IRC Parks Maintenance Complex Work to be Performed Subcontractors Name/Address 1 . 5 iT fz Wpp�, fey � c�xGsF �Ai-rnf FL 3s`ffj s � , reu u 2. Vi tr_ IF � �1D tE P1 �I cutssA f� 1{�av ISVA� ctc Irb 3>2i6W 3. Fki c.4 c f �c rp 04) rCTgErL S/{F»!L W AFTER 5`I' �IhlJlf3 a4 If t{ 2b5S.-y- 4. Lry lrLrzA 4i/ ! g8;d35" K " �L r� n ,D man'(' +? rFLCg i 5. 0cRIC2. T� l �ff-CO ,tlr;?2-rr D �.».1c- US Pra /ycnvO f�h1.St ll�lG til + 11.0 eK_ DV_ $ E AlS IACD fSSTYLIf i 7. DWS ( bJA2 5ocrlhEzr`I DOOR- sy FM 8_ 0121E kP 1�� � 5 ► tzrc ne � �s �3S t AS Fc. 39 i 9- Ve°YWA LL FR w �i�rxriti L rf� G n r,, r� � �/S,—� cc � �y�S vC4 arZ L FL 33g tZ 12. .SPf rQ LT1r- 1 Se YJe '12 13. NETAC. t7rlLtlu� S Le, 9"1S ur 7�G. y3 .y ff 962 `'e>/' sfg2 14. _ QU 11� 1Cv ! TA /� / G F�4G7ZY �3a s s f C', £ C� ��11 �4L 15_ P L V Mr151 N t, 11277577 ee LUiY/3 ��� �OA[!� ��51� ?e� r3du� zdn 6/Aff-4 170flM L SS3� -1Nz� 7YW -- a s2 ,� - fl�p)� �ts - 17. r✓ SO .o�t CTElrr j S VR7akt Ql Afo4e4 ,t427T �e34dq i Nate: Attach additional sheets tf required . * END OF SECTIDN t D0458 1 00459 - List of Subconimcbm REV D4-07.doc F,lEm�neemtgtCappat PmJects�pt IRC PPRXS fAMPLIXICOMxtf]eotmmis En9�RC PaKS MaiNena� ComWe.Nlnd68 _LntafSubmn4aclw REV a.Wdx ""'This f`his Addendum MUST be returned with your Sid*=* ADDENDUM NO. 1 is issued b And Chrisio er J. er; .E., County Engineer J rry D is, Purchasing Manager BIDDER Company Name DeAngelis Diamond Constriction Inc . Name: Norman Gentry Tide: vice President (Type / Printed) Authorized Signature: Date: 0e / 10 / 09 Telephone: 239 - 594 - 1994 Tay 239 - 594 - 1995 Page 4 of 4 FlErgineeringlCupitrt[Projedti0707IRCP.4%BS COMPfEYIAddendumsllRCParlsMoiirtamrce Comple~Addr�a,.�, gldoc ""'This f`his Addendum MUST be returned with your Sid*=* ADDENDUM NO. 1 is issued b And Chrisio er J. er; .E., County Engineer J rry D is, Purchasing Manager BIDDER Company Name DeAngelis Diamond Constriction Inc . Name: Norman Gentry Tide: vice President (Type / Printed) Authorized Signature: Date: 0e / 10 / 09 Telephone: 239 - 594 - 1994 Tay 239 - 594 - 1995 Page 4 of 4 FlErgineeringlCupitrt[Projedti0707IRCP.4%BS COMPfEYIAddendumsllRCParlsMoiirtamrce Comple~Addr�a,.�, gldoc i Attachments: Specification Appendix C Index Sheet Div 4 — Div 9 Specification Appendix C Index Sheet Section 16120 — 16965 Specification Appendix C Section 09655 —2 Sheets Specification Appendix C Section 05030 — Sheet 05030 — 1 Specification Appendix C Section 10440 — Sheet 10440 — 5 Specification Appendix C Section 08362 — 4 Sheets j Specification Appendix C Section 16750 Voice and Data Communication Cabling - 7 Sheets Specification Appendix C Section 16965 File Detection & Alarm System .- 10 Sheets List of Attendees at April 29, 2009 Pre Bid Meeting_ Minutes of April 29, 2009 Pre-Bid Meeting Revised plans: None This Addendum' MUSIC be returned with your Bid*** * *** *** **** ADDENDUM NO, 2 is issued by �x p And `o � Jr Faun fEnb:neer Jerry s, Purchasing Manager BIDDER Company Name DeAngelis Diamond Construction Inc . Name: Norman Gentry _ Title- Vice President (Type / Printed) _ Authorized Signature: Date: os / lo / o9 Telephone: 239 - 594 - 1994 Fax: 239 - 594 - 1995 - j t j ! F;fEngineeringlCapifalFrajeats10701 �CPAR%SCOMPLS.PIAddendancllgCParks Maintenmice Compte<Addendum ,Y2dac i • i i Attachments: Specification Appendix C Index Sheet Div 4 — Div 9 Specification Appendix C Index Sheet Section 16120 — 16965 Specification Appendix C Section 09655 —2 Sheets Specification Appendix C Section 05030 — Sheet 05030 — 1 Specification Appendix C Section 10440 — Sheet 10440 — 5 Specification Appendix C Section 08362 — 4 Sheets j Specification Appendix C Section 16750 Voice and Data Communication Cabling - 7 Sheets Specification Appendix C Section 16965 File Detection & Alarm System .- 10 Sheets List of Attendees at April 29, 2009 Pre Bid Meeting_ Minutes of April 29, 2009 Pre-Bid Meeting Revised plans: None This Addendum' MUSIC be returned with your Bid*** * *** *** **** ADDENDUM NO, 2 is issued by �x p And `o � Jr Faun fEnb:neer Jerry s, Purchasing Manager BIDDER Company Name DeAngelis Diamond Construction Inc . Name: Norman Gentry _ Title- Vice President (Type / Printed) _ Authorized Signature: Date: os / lo / o9 Telephone: 239 - 594 - 1994 Fax: 239 - 594 - 1995 - j t j ! F;fEngineeringlCapifalFrajeats10701 �CPAR%SCOMPLS.PIAddendancllgCParks Maintenmice Compte<Addendum ,Y2dac i • i To : Norman Gentry Fm : Onvia _ com Inc 16 : 10 05/19/09 PG 002 I i I This Addendum MUST beretnrned - with your Bid I ADDENDUM IN-0. 3 is issued:b. Chri er J afar, - X) Countp Engineer And "a ' , Purchasing Manager BIDDER CornpanyName. DeAngelis Diamond Construction Inc . i Name' Norman Gentry Title: vice Pres -_dent (Type 1 Printed) i - Au#hnrized Signature: Date: oe / 1D / 09 Telephone: 239 - 594 - 1994 l''aK 239 - 594 - 1995 i i i i FzT--m9" cffn9V-1PW ProjeM1.0701 IRCRARKS COMPLFXAddenduwAl RC panics Maintenance Complex Addendum #3.doe i i To : Norman Gentry Fm : Onvia _ com Inc 16 : 10 05/19/09 PG 002 I i I This Addendum MUST beretnrned - with your Bid I ADDENDUM IN-0. 3 is issued:b. Chri er J afar, - X) Countp Engineer And "a ' , Purchasing Manager BIDDER CornpanyName. DeAngelis Diamond Construction Inc . i Name' Norman Gentry Title: vice Pres -_dent (Type 1 Printed) i - Au#hnrized Signature: Date: oe / 1D / 09 Telephone: 239 - 594 - 1994 l''aK 239 - 594 - 1995 i i i i FzT--m9" cffn9V-1PW ProjeM1.0701 IRCRARKS COMPLFXAddenduwAl RC panics Maintenance Complex Addendum #3.doe i i ** ** ****** I his Addendum MUST be returned with your Sid ADDENDUM NO. 4 is issued by And jJ p r, r County Engineer Purchasing Manager BIDDER Company Name: DeAngelis Diamond Construction Inc . Name: Norman Gentry Title: Vice President (Type / Print) � " Authorized Signature: /nt/(Z / % Date: 06 / 20 / 09 v Telephoner 231 - 594 - 2994 r*ay; 239 - 594 - 1995 Page 4 F_\Engineenng\Capita{ ProjecM0701 [RC PARKS COMPLEMAddendunu",C Pads, Maintenance Complex Addendum 94.doc ** ** ****** I his Addendum MUST be returned with your Sid ADDENDUM NO. 4 is issued by And jJ p r, r County Engineer Purchasing Manager BIDDER Company Name: DeAngelis Diamond Construction Inc . Name: Norman Gentry Title: Vice President (Type / Print) � " Authorized Signature: /nt/(Z / % Date: 06 / 20 / 09 v Telephoner 231 - 594 - 2994 r*ay; 239 - 594 - 1995 Page 4 F_\Engineenng\Capita{ ProjecM0701 [RC PARKS COMPLEMAddendunu",C Pads, Maintenance Complex Addendum 94.doc i i i I jAttachment: Specifica$ons Appendix C Section 16750 — Voice and Data Communications Cabling — 8 Sheets Revised plans : Sheet E-2 Sheet E-6 Sheet E-7 Sheet U-1 Utility Plan I Sheet U-4 Water Details/hiterconnection Plan * xThis Addendum MST be returned withour Bid y ADDENDUM NO. .'q is issued by And Christopher J. Kafer, Jr., P.E_, County Engineer i Jerry Davis, purchasing Manager BT�DER ComnanyName: DeAngelis Diamond Construction Inc . Name: Norman Gentry - Title: vice President (Type / Print) - - AuthorizedSignature. - l - ' -- v- _ " _ 06 /-1.0/-09 Date: - Telephone: 239 - 594 - 1994 Fax: 239 - 594 - 1995 i I i C.NWIANT1apsdoc'mett®pU00%SASQ1025843.DOC i i i I jAttachment: Specifica$ons Appendix C Section 16750 — Voice and Data Communications Cabling — 8 Sheets Revised plans : Sheet E-2 Sheet E-6 Sheet E-7 Sheet U-1 Utility Plan I Sheet U-4 Water Details/hiterconnection Plan * xThis Addendum MST be returned withour Bid y ADDENDUM NO. .'q is issued by And Christopher J. Kafer, Jr., P.E_, County Engineer i Jerry Davis, purchasing Manager BT�DER ComnanyName: DeAngelis Diamond Construction Inc . Name: Norman Gentry - Title: vice President (Type / Print) - - AuthorizedSignature. - l - ' -- v- _ " _ 06 /-1.0/-09 Date: - Telephone: 239 - 594 - 1994 Fax: 239 - 594 - 1995 i I i C.NWIANT1apsdoc'mett®pU00%SASQ1025843.DOC A1# STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD e • LICENSE N➢ R " EQ# 1- 080715010 ]0 07 / I5J2008 070529735 CGC037335 i The GENERAL CONTRACTOR Named below is CERTIFIED Under the provisions of Chapter 489 F' S1 Expiration date ; AUG 31 , 2010 DIAMOND , DAVID B DEANGELIS DIAMOND CONSTRUCI'1'0M IN 28650 ALTESSA TRAY # 201 BONITA SPRINGS FL 34135 CHARLIE GRIST GOVERNOR CHUCK DRAGO INTERIM SECRETARY I DETACH HERE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RE'GUL.ATIQN CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# LO8072200 e LICENSE NBR . 07 22 / 2008 070529723 CGC05.8500 The GENERAL CONTRACTOR Named below Is CERTIFIED Under the provisions of Chapter 489 FS > E-Ipiration date : AUG 31 , 2010 DE A.NGELIS , JOHN M � DE ANGELIS DIAMOND CONSTRUCTION INC NAPLES FL PARK DRIVE F'L '3410 9 I CHARLIE ; CRIST DRAGQ CHUCK GOVERNOR INTERIM SECRETARY" DISPLAY AS REQUIRED BY LAW I A1# STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD e • LICENSE N➢ R " EQ# 1- 080715010 ]0 07 / I5J2008 070529735 CGC037335 i The GENERAL CONTRACTOR Named below is CERTIFIED Under the provisions of Chapter 489 F' S1 Expiration date ; AUG 31 , 2010 DIAMOND , DAVID B DEANGELIS DIAMOND CONSTRUCI'1'0M IN 28650 ALTESSA TRAY # 201 BONITA SPRINGS FL 34135 CHARLIE GRIST GOVERNOR CHUCK DRAGO INTERIM SECRETARY I DETACH HERE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL RE'GUL.ATIQN CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# LO8072200 e LICENSE NBR . 07 22 / 2008 070529723 CGC05.8500 The GENERAL CONTRACTOR Named below Is CERTIFIED Under the provisions of Chapter 489 FS > E-Ipiration date : AUG 31 , 2010 DE A.NGELIS , JOHN M � DE ANGELIS DIAMOND CONSTRUCTION INC NAPLES FL PARK DRIVE F'L '3410 9 I CHARLIE ; CRIST DRAGQ CHUCK GOVERNOR INTERIM SECRETARY" DISPLAY AS REQUIRED BY LAW I BOARD OF COUNTY COMAIISSIONERS �Rtvt•:k �. c r r July 14, 2009 VIA OVERNIGHT DL- LIVERY DeAngelis Diamond Construction, Inc_ 4tin : Mr. Norman Gentry 6615 Wi I low Park Drive Naples, FI . 34109 NO'T' ICE OF AWARD Reference: Indian River County Bid No. 2009043 !RC Parks Maintenance Complev Dear Mr Gentry I am pleased to inform you that on July 14, 2009, the Board of County Commissioners awarded the above-referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Performance Bond in the amount of 100% of the contract amount. ($ 17357,000.00) 2 . Payment Bond in the amount of 100% of the contract amount. (S 1,357,000.00) 3 . Certificate of Insurance must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation 4 W-9 Form. In accordance with section 255 . 05( 1 )(a), Florida Statutes, you are required to execute a Performance Bund and a Payment Bond for the above referenced project _ Please submit the Bonds , Certificate of Insurance, and W-9 Form to this office at the address provided below no later than July 29, 2009 . 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 (2) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND RETURN THEM TOGETHER WITH THE REOUfRED BONDS CERTIFICATE OF INSURANCE AND W-9 FORM TO THIS OFFICE. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office . Si - crely, ry Davis, Purchasing Manager cc: Jack Jolh•, PJ-, , -nmwr Civil Engineer General Services Departments Purchaving Division 1800 27'" Street, Vero Beach, Florida 32960•(772) 567-8000 Ext. 1416. Fax., (772) 770-5140 E-mail: purchasingraircgoi .com BOARD OF COUNTY COMAIISSIONERS �Rtvt•:k �. c r r July 14, 2009 VIA OVERNIGHT DL- LIVERY DeAngelis Diamond Construction, Inc_ 4tin : Mr. Norman Gentry 6615 Wi I low Park Drive Naples, FI . 34109 NO'T' ICE OF AWARD Reference: Indian River County Bid No. 2009043 !RC Parks Maintenance Complev Dear Mr Gentry I am pleased to inform you that on July 14, 2009, the Board of County Commissioners awarded the above-referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1 . Performance Bond in the amount of 100% of the contract amount. ($ 17357,000.00) 2 . Payment Bond in the amount of 100% of the contract amount. (S 1,357,000.00) 3 . Certificate of Insurance must name Indian River County as an additional insured and must provide for a 30 day Notice of Cancellation 4 W-9 Form. In accordance with section 255 . 05( 1 )(a), Florida Statutes, you are required to execute a Performance Bund and a Payment Bond for the above referenced project _ Please submit the Bonds , Certificate of Insurance, and W-9 Form to this office at the address provided below no later than July 29, 2009 . 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 (2) copies of the Agreement. PLEASE EXECUTE BOTH COPIES AND RETURN THEM TOGETHER WITH THE REOUfRED BONDS CERTIFICATE OF INSURANCE AND W-9 FORM TO THIS OFFICE. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact this office . Si - crely, ry Davis, Purchasing Manager cc: Jack Jolh•, PJ-, , -nmwr Civil Engineer General Services Departments Purchaving Division 1800 27'" Street, Vero Beach, Florida 32960•(772) 567-8000 Ext. 1416. Fax., (772) 770-5140 E-mail: purchasingraircgoi .com SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK ... . ... .. .... ... .. ........ .... ... .. . ..... .. ... ... ..... ... ......... .. . .... ... ... .... ...... .... . .... ... . .. ... . . . ... ..... .... . ..... . 3 ARTICLE 2 - THE PROJECT . .... ....... .. ... . . .. .. .. ... ..... .. ... . . . .. . ... .. ... .. .. . ... .. ... .. ....... ... .. .... . ....... ... . . .. . ....... . ... . ... 3 ARTICLE 3 - ENGINEER . ....... ... ... ........ . .... .... .... . ....... ... ... ... ... ..... . . .. ...... ... .... ......... ... ... .. .... . ... ... ... .. ... ..... .. 3 ARTICLE 4 - CONTRACT TIMES. .. ....... .... .... ...... .. .................. .. . ... ... ..... .. . .... . .. ... ... . .. ..... .. . ..... ...... .. ... .. ... 3 ARTICLE 5 - CONTRACT PRICE ... .. . . ..... .... .. .. ... ... . . .. .. . . .. . . .. . . .. . .. ... ... .. . .. .. .. ..... . ... . ..... .. ... .. .. . . .. . .. .. ... .. ... ... 3 ARTICLE 6 - PAYMENT PROCEDURES........ ... .......... . . .. ..... . .. .... . ....... ... .. .... . . .. . ... ... .. . . ... .. . .. .... .... . .. .. . .. . 3 ARTICLE 7 - INDEMNIFICATION .. ..... .. ...... ... ... .. ... . . .. . . .. . .. .. . ....... ... .. .. . .. . .. .... .. .. . .. ....... . .. ... ... ... ... .. ... .. .. . . 3 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS ..... ... .... . ... .. .. . .. ....... .. . . . .. .. . . . ..... ... ... .. . ....... ... .... 3 ARTICLE 9 - CONTRACT DOCUMENTS... . .. .. ........ ... .. . ... ... .. ... .. .. . . ...... ..... ..... . . . . ... ..... .. . .... . . . . ..... ... ... ... . 3 ARTICLE 10 - MISCELLANEOUS .... . ... . .. .... ....... ... ..... . ... ..... ... . .. ....... .. ..... . .... ... ... ... .. . ..... . . . .. ... ..... .. . . .. .. ...3 fTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 1 C:Tocuments and Setdngs\mmclaughlin\Local Settings\Temporary Internet Files\OLK8\00520 - Agreement (Public Works) REV D4-07.doc SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1 - WORK ... . ... .. .... ... .. ........ .... ... .. . ..... .. ... ... ..... ... ......... .. . .... ... ... .... ...... .... . .... ... . .. ... . . . ... ..... .... . ..... . 3 ARTICLE 2 - THE PROJECT . .... ....... .. ... . . .. .. .. ... ..... .. ... . . . .. . ... .. ... .. .. . ... .. ... .. ....... ... .. .... . ....... ... . . .. . ....... . ... . ... 3 ARTICLE 3 - ENGINEER . ....... ... ... ........ . .... .... .... . ....... ... ... ... ... ..... . . .. ...... ... .... ......... ... ... .. .... . ... ... ... .. ... ..... .. 3 ARTICLE 4 - CONTRACT TIMES. .. ....... .... .... ...... .. .................. .. . ... ... ..... .. . .... . .. ... ... . .. ..... .. . ..... ...... .. ... .. ... 3 ARTICLE 5 - CONTRACT PRICE ... .. . . ..... .... .. .. ... ... . . .. .. . . .. . . .. . . .. . .. ... ... .. . .. .. .. ..... . ... . ..... .. ... .. .. . . .. . .. .. ... .. ... ... 3 ARTICLE 6 - PAYMENT PROCEDURES........ ... .......... . . .. ..... . .. .... . ....... ... .. .... . . .. . ... ... .. . . ... .. . .. .... .... . .. .. . .. . 3 ARTICLE 7 - INDEMNIFICATION .. ..... .. ...... ... ... .. ... . . .. . . .. . .. .. . ....... ... .. .. . .. . .. .... .. .. . .. ....... . .. ... ... ... ... .. ... .. .. . . 3 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS ..... ... .... . ... .. .. . .. ....... .. . . . .. .. . . . ..... ... ... .. . ....... ... .... 3 ARTICLE 9 - CONTRACT DOCUMENTS... . .. .. ........ ... .. . ... ... .. ... .. .. . . ...... ..... ..... . . . . ... ..... .. . .... . . . . ..... ... ... ... . 3 ARTICLE 10 - MISCELLANEOUS .... . ... . .. .... ....... ... ..... . ... ..... ... . .. ....... .. ..... . .... ... ... ... .. . ..... . . . .. ... ..... .. . . .. .. ...3 fTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 1 C:Tocuments and Setdngs\mmclaughlin\Local Settings\Temporary Internet Files\OLK8\00520 - Agreement (Public Works) REV D4-07.doc 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 DeAngelis Diamond Construction , Inc . (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1 .01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77'" Street (Hobart Road) , between 58th Avenue (Kings Highway) and IRFWCD lateral `G' canal. These improvements will include, but not be limited to utilities, paving , drainage, grading , landscaping, irrigation work and the construction of a 3600 square foot office building , a maintenance building and a storage bay. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: IRC Parks Maintenance Complex County Project Number: 0701 Project Address: 5500 77-7 Street, Vero Beach , Florida ARTICLE 3 — ENGINEER 3. 01 The ENGINEER for this project will be the design professional responsible for their portion of the project. The various professionals are: Architect: Edlund-Dritenbas-Binkley, P.A. Site Engineer: Carter Associates, Inc. Mechanical / Electrical Engineer: Fort Pierce Engineering, Inc. Structural Engineer: TRC Worldwide Engineering, Inc. Landscape Architect: J . Montalto. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Final Completion and Final Payment 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 2 C". Documents and Settings\mmclaughlin\Local SettingsWemporary Internet FIIes10LK8100520 - Agreement (Public Works) REV 04-07.doc 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 DeAngelis Diamond Construction , Inc . (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1 .01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents . The Work is generally described as follows: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77'" Street (Hobart Road) , between 58th Avenue (Kings Highway) and IRFWCD lateral `G' canal. These improvements will include, but not be limited to utilities, paving , drainage, grading , landscaping, irrigation work and the construction of a 3600 square foot office building , a maintenance building and a storage bay. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: IRC Parks Maintenance Complex County Project Number: 0701 Project Address: 5500 77-7 Street, Vero Beach , Florida ARTICLE 3 — ENGINEER 3. 01 The ENGINEER for this project will be the design professional responsible for their portion of the project. The various professionals are: Architect: Edlund-Dritenbas-Binkley, P.A. Site Engineer: Carter Associates, Inc. Mechanical / Electrical Engineer: Fort Pierce Engineering, Inc. Structural Engineer: TRC Worldwide Engineering, Inc. Landscape Architect: J . Montalto. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Final Completion and Final Payment 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 2 C". Documents and Settings\mmclaughlin\Local SettingsWemporary Internet FIIes10LK8100520 - Agreement (Public Works) REV 04-07.doc A. The work will be substantially completed on or before the 270"' 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 300`-" day after the date when the Contract Times commence to run. 4.03 Liquidated Damages I A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance With Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1 ,423.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1 ,423.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01 .A and summarized in paragraph 5. 01 .13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: : Numerical Amount: $ 1 , 357 , 000 . 00 Witten Amount:One Million Three Hundred Fifty Seven Thousand and 00 / 100 ARTICLE 6 - PAYMENT PROCEDURES 6. 01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq . The OWNER shall retain ten percent (10%) of the payment amounts 00520 . 3 00520 - Agreement (Public Works) REV 04-07.doc CADocuments and Setfings\mmclaughlin\Lmal SetdngsUemporary Intemet FIes\OLK8\o0520 - Agreement (Public Works) REV 04-07.doc A. The work will be substantially completed on or before the 270"' 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 300`-" day after the date when the Contract Times commence to run. 4.03 Liquidated Damages I A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance With Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1 ,423.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1 ,423.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01 .A and summarized in paragraph 5. 01 .13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: : Numerical Amount: $ 1 , 357 , 000 . 00 Witten Amount:One Million Three Hundred Fifty Seven Thousand and 00 / 100 ARTICLE 6 - PAYMENT PROCEDURES 6. 01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq . The OWNER shall retain ten percent (10%) of the payment amounts 00520 . 3 00520 - Agreement (Public Works) REV 04-07.doc CADocuments and Setfings\mmclaughlin\Lmal SetdngsUemporary Intemet FIes\OLK8\o0520 - Agreement (Public Works) REV 04-07.doc due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b) , fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c) (2005), CONTRACTOR further acknowledges and agrees that: 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its 00520 - 4 00520 - Agreement (Public Works) REV 04-07.doc C:Tocuments and settings\mmclaughlin\Local Settings\Temporary Internet HeakOLKM0520 - Agreement (Public Worcs) REV 04-07.doc L . due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b) , fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 /2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c) (2005), CONTRACTOR further acknowledges and agrees that: 1 ) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its 00520 - 4 00520 - Agreement (Public Works) REV 04-07.doc C:Tocuments and settings\mmclaughlin\Local Settings\Temporary Internet HeakOLKM0520 - Agreement (Public Worcs) REV 04-07.doc L . sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnfcatlon) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods , techniques, sequences, and procedures of construction , if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 00520 - 5 00520 - Agreement (Public Works) REV 04-07.doc GADocuments and SettingsWmclaughlin\Local SettingsWemporary Internet Files\OLK8\00520 - Agreement (Public Works) REV 04-07.doc sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnfcatlon) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods , techniques, sequences, and procedures of construction , if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G . CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 00520 - 5 00520 - Agreement (Public Works) REV 04-07.doc GADocuments and SettingsWmclaughlin\Local SettingsWemporary Internet Files\OLK8\00520 - Agreement (Public Works) REV 04-07.doc i H . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I . CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the I 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. The remainder of this page was left blank intentionally. ii I' I 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 6 CADocuments and SettingslmmclaughlintLocal Settings\Temporary Intemet Files101-K8100520 - Agreement (Public Works) REV 04-07.dcc i H . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I . CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the I 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. The remainder of this page was left blank intentionally. ii I' I 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 6 CADocuments and SettingslmmclaughlintLocal Settings\Temporary Intemet Files101-K8100520 - Agreement (Public Works) REV 04-07.dcc ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1 . 00010 Specifications as listed in the table of contents of the Project Manual 2. 00310 Contractor's Bid (pages 1 to 8, inclusive). 3. 00430 Bid Bond (page 1 , inclusive). 4. 00434 Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive). 5. 00452 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive). 6 . 00456 Qualifications Questionnaire (page 1 to 4, inclusive) . 7. 00458 List of Subcontractors (page 1 inclusive). 8. 00520 This Agreement (pages 1 to 9 , inclusive) . 9. 00550 Notice to Proceed (Page 1 , inclusive). 10. 00610 Performance Bond (pages I to 5 inclusive). 11 . 00612 Payment Bond (pages 1 to 5 , inclusive). 12. 00632 Contractor's Final Certificate of the Work (page 00632 — 1 8, 2 of the Specifications). 13. 00700 General Conditions (pages 1 to 46 , inclusive). 14. 00800 Supplementary Conditions (pages 1 to 9 , inclusive). 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) 00942 Change Order(s). b) 00948 Work Change Directives. c) Written Amendments. I 16. Drawings consisting of a cover sheet and sheets numbered ABB through IR-1 , inclusive, with each sheet bearing the following general title: IRC PARKS MAINTENANCE COMPLEX. 17. Addenda (numbers 1 to 5 , inclusive) . 18. Appendices to this Agreement (enumerated as follows) : 00520 - Agreement (Public Works) REV D4-07.doc 00520 - 7 CADocuments and Settings\mmciaughlln\Local Settings7emporary Internet Files\OLM00520 - Agreement (Public Works) REV 04-07.doc ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1 . 00010 Specifications as listed in the table of contents of the Project Manual 2. 00310 Contractor's Bid (pages 1 to 8, inclusive). 3. 00430 Bid Bond (page 1 , inclusive). 4. 00434 Sworn Statement Under the Florida Trench Safety Act (pages 1 to 2, inclusive). 5. 00452 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 1 to 2, inclusive). 6 . 00456 Qualifications Questionnaire (page 1 to 4, inclusive) . 7. 00458 List of Subcontractors (page 1 inclusive). 8. 00520 This Agreement (pages 1 to 9 , inclusive) . 9. 00550 Notice to Proceed (Page 1 , inclusive). 10. 00610 Performance Bond (pages I to 5 inclusive). 11 . 00612 Payment Bond (pages 1 to 5 , inclusive). 12. 00632 Contractor's Final Certificate of the Work (page 00632 — 1 8, 2 of the Specifications). 13. 00700 General Conditions (pages 1 to 46 , inclusive). 14. 00800 Supplementary Conditions (pages 1 to 9 , inclusive). 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) 00942 Change Order(s). b) 00948 Work Change Directives. c) Written Amendments. I 16. Drawings consisting of a cover sheet and sheets numbered ABB through IR-1 , inclusive, with each sheet bearing the following general title: IRC PARKS MAINTENANCE COMPLEX. 17. Addenda (numbers 1 to 5 , inclusive) . 18. Appendices to this Agreement (enumerated as follows) : 00520 - Agreement (Public Works) REV D4-07.doc 00520 - 7 CADocuments and Settings\mmciaughlln\Local Settings7emporary Internet Files\OLM00520 - Agreement (Public Works) REV 04-07.doc None used . ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal ! representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. I 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either parry against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 8 CADocuments and Settings\mmclaughlin\Local SettingsUemporary Internet Files\OLKB\00520 - Agreement (Public Works) REV 04-07.doc None used . ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal ! representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. I 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR , who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either parry against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 04-07.doc 00520 - 8 CADocuments and Settings\mmclaughlin\Local SettingsUemporary Internet Files\OLKB\00520 - Agreement (Public Works) REV 04-07.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on July 14th , 20 09 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: / INDIAN RIVER COUNTY DeAngelis Diam $ Const ction , Inc Norm Ge V of co ruction , Principal B r. ' By: Wesley S. Davi , airman Itl Contra ) I By (CORPORATE SEAL) ph A. lyd , County Administrator Atte �� APPROVED AS TO FORM LEGAL SUFF CJE7 By: ]Lli illiam G. ObIling, II , County Attorney Address for giving notices: 6635 Willow Park Drive Naples , FL 34109 Jeffrey K. Barton, Clerk of Court License No. CGc 059500 Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: David Kovalik Designated Representative: Name: Christopher J . Kafer, Jr. , P. E. Designated Representative: Title: County Engineer Name: David Kovalik 180127th Street Title: _ Estimator / Project Manager Vero Beach, Florida 32960 Address: (772) 226-1221 6635 Willow Park Drive Facsimile: (772) 778-9391 Naples , FL 341 ,19 Phone: 239 - 594 - 1994 Facsimile: 239 - 594 - 1995 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION 00520 - 9 00520 - Agreement (Public Works) REV 04-07.doc CADocuments and Setbngs\mmclaughlln\Local Settings\Temporary Internet Files\OLK8\00520 - Agreement (Public Works) REV 04-07.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on July 14th , 20 09 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: / INDIAN RIVER COUNTY DeAngelis Diam $ Const ction , Inc Norm Ge V of co ruction , Principal B r. ' By: Wesley S. Davi , airman Itl Contra ) I By (CORPORATE SEAL) ph A. lyd , County Administrator Atte �� APPROVED AS TO FORM LEGAL SUFF CJE7 By: ]Lli illiam G. ObIling, II , County Attorney Address for giving notices: 6635 Willow Park Drive Naples , FL 34109 Jeffrey K. Barton, Clerk of Court License No. CGc 059500 Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: David Kovalik Designated Representative: Name: Christopher J . Kafer, Jr. , P. E. Designated Representative: Title: County Engineer Name: David Kovalik 180127th Street Title: _ Estimator / Project Manager Vero Beach, Florida 32960 Address: (772) 226-1221 6635 Willow Park Drive Facsimile: (772) 778-9391 Naples , FL 341 ,19 Phone: 239 - 594 - 1994 Facsimile: 239 - 594 - 1995 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION 00520 - 9 00520 - Agreement (Public Works) REV 04-07.doc CADocuments and Setbngs\mmclaughlln\Local Settings\Temporary Internet Files\OLK8\00520 - Agreement (Public Works) REV 04-07.doc SECTION 00550 - Notice to Proceed [Certified Mail -- Return Receipt Requested] Dated TO : ADDRESS : (BIDDER) Contract For: IRC Parks Maintenance Complex (Insert name of Contract as it appears in the Contract Documents) Project : 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: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) END OF SECTION (TITLE) 00550 - Notice to Proceed REV 04-07.doc F.IEngineeringlCapital PrgeclslWO'I IRC PARKS COMPLEMCantrad eocumento0 - 1 o g1IRC Parks Maintenance Com ex10055D - pi Notice to Proceed REV 04-07.tlac1 SECTION 00550 - Notice to Proceed [Certified Mail -- Return Receipt Requested] Dated TO : ADDRESS : (BIDDER) Contract For: IRC Parks Maintenance Complex (Insert name of Contract as it appears in the Contract Documents) Project : 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: (add other requirements, if applicable) INDIAN RIVER COUNTY (OWNER) By: (AUTHORIZED SIGNATURE) END OF SECTION (TITLE) 00550 - Notice to Proceed REV 04-07.doc F.IEngineeringlCapital PrgeclslWO'I IRC PARKS COMPLEMCantrad eocumento0 - 1 o g1IRC Parks Maintenance Com ex10055D - pi Notice to Proceed REV 04-07.tlac1 SECTION 00610 - Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we DeAngelis Diamond Construction, Inc. 6635 Willow Park Dr. Naples, FL 34109 (239) 594-1994 as Principal (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and Liberty Insurance Company 175 Berkeley St. MA 02116 (407) 667- 1744 , a corporation , as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1801 27th Street, Vero Beach, Florida 32960, (772-567-8000), in the sum of One Million Three Hundred Fifty Seven Thousand and 00/100 Dollars ($ 1,357,000.00 ), amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 14th day of .July 20 09 , entered Into between the Principal and the County of Indian River, for: Bond Number: 964009272 Project Name: IRC Parks Maintenance Complex County Project Number: 0701 Project Address: 5500 77r'Street Project Description: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77th Street (Hobart Road) between 58'h Ave. (Kings Highway) and lateral 'G' canal. These improvements will include but not necessarily be limited to utilities, paving, drainage, landscaping , irrigation work and the construction of a 3600 square foot office building with associated covered mechanical repair facilities. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made In the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill , negligence or default, including patent Infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or 00910 - Performance Bond REV 04-07.doc 00810 - 1 C.1 MR endeeWg*wr, WgMrALwWSatlnptlT wvyhtemnFjia l de510 - PeAo s WREVa-erdw SECTION 00610 - Performance Bond KNOW ALL MEN BY THESE PRESENTS: BY THIS BOND, we DeAngelis Diamond Construction, Inc. 6635 Willow Park Dr. Naples, FL 34109 (239) 594-1994 as Principal (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and Liberty Insurance Company 175 Berkeley St. MA 02116 (407) 667- 1744 , a corporation , as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1801 27th Street, Vero Beach, Florida 32960, (772-567-8000), in the sum of One Million Three Hundred Fifty Seven Thousand and 00/100 Dollars ($ 1,357,000.00 ), amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 14th day of .July 20 09 , entered Into between the Principal and the County of Indian River, for: Bond Number: 964009272 Project Name: IRC Parks Maintenance Complex County Project Number: 0701 Project Address: 5500 77r'Street Project Description: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77th Street (Hobart Road) between 58'h Ave. (Kings Highway) and lateral 'G' canal. These improvements will include but not necessarily be limited to utilities, paving, drainage, landscaping , irrigation work and the construction of a 3600 square foot office building with associated covered mechanical repair facilities. A copy of said Contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW , THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the terms and conditions of said Contract and its obligations thereunder, including all of the Contract Documents therein referred to and made a part thereof, and such alterations as may be made In the Contract Drawings and Specifications as therein provided for, and shall indemnify and save harmless the County of Indian River against and from all expenses, damages, injury or conduct, want of care of skill , negligence or default, including patent Infringement on the part of the Principal, his agents or employees, in the execution or performance of said Contract, including errors in the Drawings furnished by the Principal, and further, if the Principal shall promptly make payments to all who supply him with labor and/or materials used directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void; otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise, and any damages, whether direct, indirect, or 00910 - Performance Bond REV 04-07.doc 00810 - 1 C.1 MR endeeWg*wr, WgMrALwWSatlnptlT wvyhtemnFjia l de510 - PeAo s WREVa-erdw consequential, Including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will , amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 2 t � r day of Tu t y , 20Q4 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. attHi/#iYa+lh+HaRiiti+i3i}++++a#a+}+IHItIFYwaraiiiiiwliiaRlwiii+Mffitatailiftwi+#tl+i#aSira#aafi+f Ywfwlfwf 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 +/iaaa+}faawffrra}rfafwer/}fawiaaaRlwi:aafafli}}rl+a+rwref*rw*riaaaefft+faf+r+rawaf#ffwrwwarfrwrrafffafr::aa [The remainder of this page was left blank intentionally] 00610 - 2 00610 - Performance Bond REV 04o7.doc Gi0ocvmanu rt,d SpS,pR4melsuphlNLLoctl 9alSrps\TemQaary Ntem¢I FllaeWlXpapgle• Parlormenw BonA Fite/ W-07.Eoc consequential, Including reasonable attorney's fees (including appellate proceedings), which the County of Indian River may incur as a result of the failure of the Principal to properly execute all of the provisions of the Contract. AND, the said Principal and Surety hereby further bind themselves, their successors, executors, administrators and assigns, jointly and severally, that they will , amply and fully protect the County of Indian River against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same, or his agents or his servants, or the infringements of any patent rights by reason of the use of any material furnished or work done, as aforesaid or otherwise. AND, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same, shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications or Drawings. AND, the said Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 2 t � r day of Tu t y , 20Q4 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. attHi/#iYa+lh+HaRiiti+i3i}++++a#a+}+IHItIFYwaraiiiiiwliiaRlwiii+Mffitatailiftwi+#tl+i#aSira#aafi+f Ywfwlfwf 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 +/iaaa+}faawffrra}rfafwer/}fawiaaaRlwi:aafafli}}rl+a+rwref*rw*riaaaefft+faf+r+rawaf#ffwrwwarfrwrrafffafr::aa [The remainder of this page was left blank intentionally] 00610 - 2 00610 - Performance Bond REV 04o7.doc Gi0ocvmanu rt,d SpS,pR4melsuphlNLLoctl 9alSrps\TemQaary Ntem¢I FllaeWlXpapgle• Parlormenw BonA Fite/ W-07.Eoc WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME- Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address axaaaaaaawaaaaaaaawwaraawrwwawaawaewrrwrawaafawwrwraaraxwraaawa+waa»aaaraaaaarwawwwawwaaaaaw+erwraawaawwarr WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address wwraaaaaaaaa-awaaawaaweawaarwaawaraaraaraarawrwaaawwa+raaaxaaawraaaa«aaawaaaaawaaaaaaaaaaaaaaxxawaaaarxaaaaa [The remainder of this page was left blank intentionally] 00610 - Performance Bond REV 04-07.doc C)Dwyyn¢nls uq Settlnpe4mrl.wnLLOcal 6914 �T 00610 . 3 nps emperery lM.m.t FlxNOLJfB1008t0 - PNortno(o BOM REV 0r-01.dae WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME- Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address axaaaaaaawaaaaaaaawwaraawrwwawaawaewrrwrawaafawwrwraaraxwraaawa+waa»aaaraaaaarwawwwawwaaaaaw+erwraawaawwarr WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address wwraaaaaaaaa-awaaawaaweawaarwaawaraaraaraarawrwaaawwa+raaaxaaawraaaa«aaawaaaaawaaaaaaaaaaaaaaxxawaaaarxaaaaa [The remainder of this page was left blank intentionally] 00610 - Performance Bond REV 04-07.doc C)Dwyyn¢nls uq Settlnpe4mrl.wnLLOcal 6914 �T 00610 . 3 nps emperery lM.m.t FlxNOLJfB1008t0 - PNortno(o BOM REV 0r-01.dae WHEN THE PRINCIPAL IS A CORPORATION: Attest: Secr Name of ration elisDi and Construction, Inc. ( ffixCorporateSA� Printed Name tD F3 . 'ia Off icialTitle Sl [Jt7c[ f— CERTIFICATE AS TO CORPORATE PRINCIPAL 1 ( f/ M - VbW&t4C5 certify that I am the Secretary of the corporation named as Principal in the within bond; that `DW ID 0 D16 tcrtb who signed the said bond on behalf of the Principal was then 4A Jo5ctie«vr of said corporation that I know his signature, and his signature thereto is genuine; and that said Band was duly signedp sealed,.',c and attested for and on behalf of Said corporation by authority of Its governing body, J` ,Y Ir Secretary TO BE EXECUTED BY CORPORATE SURETY: Att 4; fpr, t T Secretary Corporate Surety Liberty Mutual Insurance Company I ,l . 4 Business Address 175 Berkeley St. Boston (Affix orporate SEALS c Attorney-In- Fact Matthew D. Bevins Name of Local Agency Dawson of Florida, LLC Business Address 1615 SE 47th Terrace Cape Coral, FL 33904 [The remainder of this page was left blank intentionally] 00810 - 4 00070 - Performance Bond REV 04.07.doc C9Doavrenle vM •R�PphmdaupMnLLocai SettlnpslTa rtpaary Irnamat RIp10l1t9V]0610 • Perlonrgice Bono PEY e407.0oe WHEN THE PRINCIPAL IS A CORPORATION: Attest: Secr Name of ration elisDi and Construction, Inc. ( ffixCorporateSA� Printed Name tD F3 . 'ia Off icialTitle Sl [Jt7c[ f— CERTIFICATE AS TO CORPORATE PRINCIPAL 1 ( f/ M - VbW&t4C5 certify that I am the Secretary of the corporation named as Principal in the within bond; that `DW ID 0 D16 tcrtb who signed the said bond on behalf of the Principal was then 4A Jo5ctie«vr of said corporation that I know his signature, and his signature thereto is genuine; and that said Band was duly signedp sealed,.',c and attested for and on behalf of Said corporation by authority of Its governing body, J` ,Y Ir Secretary TO BE EXECUTED BY CORPORATE SURETY: Att 4; fpr, t T Secretary Corporate Surety Liberty Mutual Insurance Company I ,l . 4 Business Address 175 Berkeley St. Boston (Affix orporate SEALS c Attorney-In- Fact Matthew D. Bevins Name of Local Agency Dawson of Florida, LLC Business Address 1615 SE 47th Terrace Cape Coral, FL 33904 [The remainder of this page was left blank intentionally] 00810 - 4 00070 - Performance Bond REV 04.07.doc C9Doavrenle vM •R�PphmdaupMnLLocai SettlnpslTa rtpaary Irnamat RIp10l1t9V]0610 • Perlonrgice Bono PEY e407.0oe STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Matthew D. Bevins , to me well known, who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the surety and that he has been authorized by Liberty Mutual Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 21st day of July 20 09 WPublic, State of Florida JOSEPH CHESTER BRICKNER My Commission E [$S� MY COMMISSION # DD732071 "•., EXPIRES November 08, 2011 (407) 398-0153 F"idallolary$ewke.w • END OF SECTION ' " 00610 - Performance Bond REV 04-07.doc C:1covngaN ane Seem 00010 . 5 peYrndeuY5Yn4xY Sai4npc\TYn'Pwary Intamp FIeY\OLX9\70610 - PYRemonca Bme flEy 0407.Eoc STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Matthew D. Bevins , to me well known, who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the surety and that he has been authorized by Liberty Mutual Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 21st day of July 20 09 WPublic, State of Florida JOSEPH CHESTER BRICKNER My Commission E [$S� MY COMMISSION # DD732071 "•., EXPIRES November 08, 2011 (407) 398-0153 F"idallolary$ewke.w • END OF SECTION ' " 00610 - Performance Bond REV 04-07.doc C:1covngaN ane Seem 00010 . 5 peYrndeuY5Yn4xY Sai4npc\TYn'Pwary Intamp FIeY\OLX9\70610 - PYRemonca Bme flEy 0407.Eoc AmWB4WiN6bN ]w}26dM .l WtyNNYlxvy�µy ASSETS Yw wYw w ratabe 166isnp]I A46h NNA6Na1 A6tw AaW Fob,1 -p A6M6 - x saarlMns►q . . .. . . . . . . . . _ . . . . . . n.n2Au.r41 L bb6nitg6AJ601: . . . . . . . . . . . . . . . . . . . . . . 21 11W'n6gw]6 , . . . . . _ ,. . . .. . .9D,6?17M . . . . . . . . . . . . . . . !6 , . A4 ? M _ - . p5p0,8gN9 Lt M1dINs - . . . 72 01wMnIts lfws . . . • . . . . . . . . . .. •. . . . . . . ' • . . . . . . . . . . . . . . . . f!9A9179? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PIOPOMI 6Yd]Ib/N�4Nf . . . . . . . . OVOA� nl . . . . . . . .!21A14I . . . . . . . . . Ay6p]YtlbMtmbO]ndNar44{ . . . . . . . ?6^anLaon]9 t . .. . • . . 9?491atp _ . , ,111,%3Qp] - 6a dz� R . . 9i1.W34?4�144E•MIJ,oin i " " . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ?kWdu• EOWib E•Pn24]Nabt9rn knfhWtl 1850703161,SWb�b 0. an]r2bw i�aw�lt - - . . . om�a]nmtwl . . T. 06ahrem rW !6NWN2/tl _ . . . . . _ . . . . . . . . . . . . . . . . . . . . . . 0. Ibubimb4oAu s,913a3in , . , . , m,1p _ .1d11?!39!? a ApJ[Ap wtn]cbing6er¢. . . . I. . . . . . . .?W?76 . . . . . . .. . . 2. z.eW.kwiwFwgww . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . t?+latbn. , . . . . . . . . . . . . . . .n,ts,,!Hpn. . ,x... !! . . . .. . . .. . . . . ! . . .! tx Ta.pz.W?s . . .. . . . . ?6hry4orc'lbrnx.+u. . . . . . . . . . . t2bF1YwYWeMEWwMIW . . . . . . . . . . ' . . . . . . . . . . 17. Nbrin] wawNnlNa . . . . . . . . . . . . . . . . . . . . . . . . . . .. . _ , ia,!99,H2 . . . . tC,t1/y]6) t257bljli 1L1 Uv,YrylpWSInCVMfldw,abNaN4gmNrbNt . . 172 hblNdPbTM44Y.•1Wau wbNi]e6a6656,1y6 mow" . • • . . . .!.Q9!.911.1}6 . . . . . 1S.N1S6} „ fA}1.99P]H . . . . ,py, 1]x741 wnpMlu6 [a6tth} f . . . . . . . . . U6awbAu0Ae6 w«M.1 t]J A . . . . . , _ ,!,391AI1.1?0 . . . 6N4166964611�'611N}6N . . . . . . . . . . . . . . . .!89U23110 , _ ,1WAu,nO N. iNwm: . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .b!,!9yu! . . . . !4.!!1x9! . 14?:W!A?2 . . . . 7RA91,ui 14.1 P a Wbywapaamirunn U2 nrpy110Ya apodN rAM1 iYwNeemp.ju. . . . . . . . . . . • . . • . . . . . . . . . _' . •!9984! . . . . _ . . . _ . . . . . . 610.]00.18 . . . MAWS ?A4AIt . . . . . . . . . . .. a9311 . . . . . . _ U NM W.iM.Y9 b ui�M Plw . . . . . . . . . tat nn xYlYdaMbptiaewmnlowY4W W.egQwm. . . . . . . . . . . . . . . . . . . . . . !431!1 . . . . . . . . .? . . - . . . 9?1716 . . . . . .9➢! t6S NNafaN6m WI . . . _ ql . .. . . . . . . . . .. . ... .. . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . .. _ . . . . . . .!.114SOt,01A 0;2,11 �IC ' . . . . . w.mn.wanaroa4 . . . . . . . . . . . . tl F16MY66Y paNO6pQmW wtaba. . . . . . . . . • . . . . . . . . . . .. . . . . .2"MA3. . . . . . . . . . . . . . ]i1B1.II1 }9,S11A11 19. Rw " ?M.OMM1. . . . .1J1NJ. .Wi . . . . l059icoi . . . . . . .. . . . . 6Q..4Y4461.I6tlU)Vg566Ah1Y6 . . . . . . . . . _ . . . . . . . . . . ._ 11899.65 61bay6ew±S . . . . . . _ , Al . . . . . . . . . . .gi?!i9A . . . . .N1544R . . . . . . . . i0. Wt]au'oblb4abw bpTBry]bb.96 w+tv.AI6] . . . . . . . . . . - . . . . . . 2f. 14aM1W19m1airL ohdA9W wbl6d4 . _ _ . u Ittlbiann . . . . . . . . . .%won.wanb:ri»ti: . . . . . . . . . . . . . . . . . . . . . . . .9!geP±m . . . . . ?J!^,�i! it . i , . . . . _ . . . . . _ . . . . . _ . . . .3149?? 2J hV60MM6ibb N6r n6691nW6e.��_.`� . . . .)6}41116 . . . . . . . . . lfp . . . . _i . . . . . .1 . . . . � . . . . adWp6Nari/muy,6.Y+oW6/aa�4 W a gYte RobMWA� sb4MW}}± . . . „ , , . , „131±4w4s1 . . . !?44,uLea , .vs!g411.!x „un5713a: 96pM6 A60a1Ax I6A1]91k6 AmV 1h w PN6NwW Mmnl. . . . . 14 ipY }] . . . . . . . . . . N 1N L M 4TALS"WA11TWNW66 Oi 0901 : . . . . . . . . _ . . .. . . . . . . . . . . . . . . . _ . . . . . . _ . . .. . . . . . . . ' . . . . . . . . . . . . . . . .Oft . . . . . . . . . . . . . _ . . . . . . . . . .. . . .. . . . . . . . . . .. . . . . . . . . .. . . . . _ . .. . . . . . . . . _ . . . . . . . . . . . . . . . 7u . . . . . . . . . . . . . I . . . . . . . . rv^rydmb<iVwiblaw4lom owH pql . . . . . . . . . . . . • . - . . . . _ . . . . . . . 269. TM 24 ON7 46bn . . . . . . . . . . •• . . . . . 2.!4. pnp)6Nb . . . . . . . . . . . . . .. . . .. . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . WPM . . . . . M. pa wn.wt+v N9mnn16 . • . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . _ . . . . . . . . . . . . . . . . . _ . , 7Y611�SM 2MJ' E ! Nhpo?!P➢.abv!6.!gotl!b!] . . . . . .. . . . - . . 3V1SI6. 23WJ1q!;A1? . . . . . . . . . . . . . . . . . . . . . . . . IlI &aau}dtwligYMN2 btN27 hYnarM . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 7/.430!] . . . . .??517.5/ a9] . . . . . . . . . . . . . . . . . . . . . . _ IlAA4tN 11 fb669 t tlNl 1l] 9N 2394. iwN tin 1 !92 6GY , 967 Nf 11 111 1]762} f 550 t AmWB4WiN6bN ]w}26dM .l WtyNNYlxvy�µy ASSETS Yw wYw w ratabe 166isnp]I A46h NNA6Na1 A6tw AaW Fob,1 -p A6M6 - x saarlMns►q . . .. . . . . . . . . _ . . . . . . n.n2Au.r41 L bb6nitg6AJ601: . . . . . . . . . . . . . . . . . . . . . . 21 11W'n6gw]6 , . . . . . _ ,. . . .. . .9D,6?17M . . . . . . . . . . . . . . . !6 , . A4 ? M _ - . p5p0,8gN9 Lt M1dINs - . . . 72 01wMnIts lfws . . . • . . . . . . . . . .. •. . . . . . . ' • . . . . . . . . . . . . . . . . f!9A9179? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PIOPOMI 6Yd]Ib/N�4Nf . . . . . . . . OVOA� nl . . . . . . . .!21A14I . . . . . . . . . Ay6p]YtlbMtmbO]ndNar44{ . . . . . . . ?6^anLaon]9 t . .. . • . . 9?491atp _ . , ,111,%3Qp] - 6a dz� R . . 9i1.W34?4�144E•MIJ,oin i " " . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ?kWdu• EOWib E•Pn24]Nabt9rn knfhWtl 1850703161,SWb�b 0. an]r2bw i�aw�lt - - . . . om�a]nmtwl . . T. 06ahrem rW !6NWN2/tl _ . . . . . _ . . . . . . . . . . . . . . . . . . . . . . 0. Ibubimb4oAu s,913a3in , . , . , m,1p _ .1d11?!39!? a ApJ[Ap wtn]cbing6er¢. . . . I. . . . . . . .?W?76 . . . . . . .. . . 2. z.eW.kwiwFwgww . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . t?+latbn. , . . . . . . . . . . . . . . .n,ts,,!Hpn. . ,x... !! . . . .. . . .. . . . . ! . . .! tx Ta.pz.W?s . . .. . . . . ?6hry4orc'lbrnx.+u. . . . . . . . . . . t2bF1YwYWeMEWwMIW . . . . . . . . . . ' . . . . . . . . . . 17. Nbrin] wawNnlNa . . . . . . . . . . . . . . . . . . . . . . . . . . .. . _ , ia,!99,H2 . . . . tC,t1/y]6) t257bljli 1L1 Uv,YrylpWSInCVMfldw,abNaN4gmNrbNt . . 172 hblNdPbTM44Y.•1Wau wbNi]e6a6656,1y6 mow" . • • . . . .!.Q9!.911.1}6 . . . . . 1S.N1S6} „ fA}1.99P]H . . . . ,py, 1]x741 wnpMlu6 [a6tth} f . . . . . . . . . U6awbAu0Ae6 w«M.1 t]J A . . . . . , _ ,!,391AI1.1?0 . . . 6N4166964611�'611N}6N . . . . . . . . . . . . . . . .!89U23110 , _ ,1WAu,nO N. iNwm: . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .b!,!9yu! . . . . !4.!!1x9! . 14?:W!A?2 . . . . 7RA91,ui 14.1 P a Wbywapaamirunn U2 nrpy110Ya apodN rAM1 iYwNeemp.ju. . . . . . . . . . . • . . • . . . . . . . . . _' . •!9984! . . . . _ . . . _ . . . . . . 610.]00.18 . . . MAWS ?A4AIt . . . . . . . . . . .. a9311 . . . . . . _ U NM W.iM.Y9 b ui�M Plw . . . . . . . . . tat nn xYlYdaMbptiaewmnlowY4W W.egQwm. . . . . . . . . . . . . . . . . . . . . . !431!1 . . . . . . . . .? . . - . . . 9?1716 . . . . . .9➢! t6S NNafaN6m WI . . . _ ql . .. . . . . . . . . .. . ... .. . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . .. _ . . . . . . .!.114SOt,01A 0;2,11 �IC ' . . . . . w.mn.wanaroa4 . . . . . . . . . . . . tl F16MY66Y paNO6pQmW wtaba. . . . . . . . . • . . . . . . . . . . .. . . . . .2"MA3. . . . . . . . . . . . . . ]i1B1.II1 }9,S11A11 19. Rw " ?M.OMM1. . . . .1J1NJ. .Wi . . . . l059icoi . . . . . . .. . . . . 6Q..4Y4461.I6tlU)Vg566Ah1Y6 . . . . . . . . . _ . . . . . . . . . . ._ 11899.65 61bay6ew±S . . . . . . _ , Al . . . . . . . . . . .gi?!i9A . . . . .N1544R . . . . . . . . i0. Wt]au'oblb4abw bpTBry]bb.96 w+tv.AI6] . . . . . . . . . . - . . . . . . 2f. 14aM1W19m1airL ohdA9W wbl6d4 . _ _ . u Ittlbiann . . . . . . . . . .%won.wanb:ri»ti: . . . . . . . . . . . . . . . . . . . . . . . .9!geP±m . . . . . ?J!^,�i! it . i , . . . . _ . . . . . _ . . . . . _ . . . .3149?? 2J hV60MM6ibb N6r n6691nW6e.��_.`� . . . .)6}41116 . . . . . . . . . lfp . . . . _i . . . . . .1 . . . . � . . . . adWp6Nari/muy,6.Y+oW6/aa�4 W a gYte RobMWA� sb4MW}}± . . . „ , , . , „131±4w4s1 . . . !?44,uLea , .vs!g411.!x „un5713a: 96pM6 A60a1Ax I6A1]91k6 AmV 1h w PN6NwW Mmnl. . . . . 14 ipY }] . . . . . . . . . . N 1N L M 4TALS"WA11TWNW66 Oi 0901 : . . . . . . . . _ . . .. . . . . . . . . . . . . . . . _ . . . . . . _ . . .. . . . . . . . ' . . . . . . . . . . . . . . . .Oft . . . . . . . . . . . . . _ . . . . . . . . . .. . . .. . . . . . . . . . .. . . . . . . . . .. . . . . _ . .. . . . . . . . . _ . . . . . . . . . . . . . . . 7u . . . . . . . . . . . . . I . . . . . . . . rv^rydmb<iVwiblaw4lom owH pql . . . . . . . . . . . . • . - . . . . _ . . . . . . . 269. TM 24 ON7 46bn . . . . . . . . . . •• . . . . . 2.!4. pnp)6Nb . . . . . . . . . . . . . .. . . .. . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . WPM . . . . . M. pa wn.wt+v N9mnn16 . • . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . _ . . . . . . . . . . . . . . . . . _ . , 7Y611�SM 2MJ' E ! Nhpo?!P➢.abv!6.!gotl!b!] . . . . . .. . . . - . . 3V1SI6. 23WJ1q!;A1? . . . . . . . . . . . . . . . . . . . . . . . . IlI &aau}dtwligYMN2 btN27 hYnarM . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 7/.430!] . . . . .??517.5/ a9] . . . . . . . . . . . . . . . . . . . . . . _ IlAA4tN 11 fb669 t tlNl 1l] 9N 2394. iwN tin 1 !92 6GY , 967 Nf 11 111 1]762} f 550 t - rartuwwtrr]yriaofaN V..a'gwaNrm.. tnmrr . . ' LIABILITIES, SURPLUS AND OTHER FUNDS CbmaYO IbYu . . . . . . . . . . . .. . . . . . _gwurs,JH . . . .. . . . .1.;SM.!Eflsf . . . . . . . . . . . . . . . . . . . x worm.w,.Ylrardsaw.ws.gw++wfw. . . . . . .. . . . . n?!HP. . . . . . . - _ . . !mf!y„pl 11ew.4t+w.vw+r1M]A LN ]s.u+mR . . . . . . . . . . . . . . . . . . . . .. marwomd..rr+pwr..Ymawmrdrx i6. WtrMru,V.11r.WM . , . . . ..-.... . ....... .- .V . OoaaMWPM Wimwdw /aVr ! . . . ... . E1 QarbwfmowYrMWN . . . ..... ... . _x�fKlrWO..L11!1 . ... . . -. . . woos . . . . . . . . . . . .. . . . .. . . . .. . . . . . . . . . . . . . . Nlgf . . . N;C].WaWtlNYvnf . . . . .!1.'+.?• .. . .. .. . . . . . . . . . . . . . . . . . .. . . . _ . flSJV . . . . . . . . . . . . Id15 Ri i Uw.".fPal.rnlv.ININ]i Mw.g4ra.arrolwrW ry+bwtrr.er 14 MtrpWq _ . . . . . . . . . . . . . . . . . b.>IZ. . . aIT!.� to. MtrarardwNwvpY If.l brd1N IIS 114gleq.'. . . .. . . . . . .. . . . . . _ _. . . . . . . . . . . . . . . It Crrnbrrt V.r4wnrgtlJ.WdusYmW.o 1 . . . . . . .. . . . . _ . . . . . _ . . .W!4f75? . . . . . . . . . . . . u. rw.ruwr��wnuarlawe.rlrrwpe.aa.r. nnxcaw�lq . . . . . . - . . . . . . 1 ? + u. nw.r.►narwnrtlwrwmwrrrwaun .. .. . ... . _ . . . . . . . . . . . _ . . . .!?¢ +P?! .. .. . . . . . . . Jry!oiN n Nrrw.Wwwwvaf . _ _ . . . . . .. . . .. . . . . _ .. , . . . - . . . . . . . _ _ . . . 4R?ib!m . . . - . _ . . .N.]Mi!1 . . . .. . . .. . . .. . . . . . . . . . . . . . .. . .. . . . K rmYrtrn.•N.rn r. .. . . . . . . . . . . . _ . . . . . . . . .. . . . . . .- . . . . . . . . . .. wwr#.Ird.brrswwbue.b lrYaarrY rW. • •• . . •. • • +4 cwbwaaalt . . . . . .. . .. . .. . . . . _ . . . . . . . . . . . _ . . . . . . . . _ . _ .. . . . . . . .. . . . . . . . . . .. . . . . . . . . .. .... . .. .. ... . . . . . . . _ . . .?Ap?u NtwarmWm . . . . . . . .. . . . ?yAe . . . . . .. .. . .. . . !.is!p•in4/u!l1 ]L GyNm6t . _ . . . . . . 1wruY6wxl • • • .•• . • • •• .• • . • . _ _ • • _ . . _ . . . . . . . . . . . . . _ . . _ _ . . . - . . . _ _ _ . . _ - . . . . . . . . . .11 M t]e4rw ,sdN 6. .. . . . . . . . . .If. . . . . . _ . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . ... . . .. . . a. Ta.b{lbr .WAy r.bJ.lNfNliyN Ir+w+ nl . . . . . . . . . . . . . . .>.at!imsm. . . . . . . . . . nA�fd¢v u. f*wrwbllr . . . . . . . . . . . . . . . . . a rmr.rrpal.uw]n . . , _ . . _ n. Nr.nl..r:.xwe+wsaara. . . . .. . . . . . . . . . . . . . . .. . . . . . wlns . .. x eaonenwr+rat . _ . . . . . . . . . . . .. . .. .. . . . .. . . . . . . . _ . . . . . a nanr s.+wn . . . .. . .. . . . . .. . . . . . . .. . .. . . . .. . np14m . , . .tgaoDn1 . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . .. . .. . . . . . .. . . .. . . . . . . . . . . . .. . n. s.rl..dw 1 ]L Wwrgwwar2are . . . . . . rm+ . . . ... . . . .. . . .. . . . . . . . . . .. . .. S v'a+.7nf4d.(rsp1.) . . . .. .. . . . .. . .. .. .. . . . . . .. . . .. . . . . . _ . .. . . . . . . . . . . . }13VI . � . . . . . . . . . 43!tAsl.!p M 4sbrryrb.rart • • . . . • . - • %J . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . I . . . . . . . . . . . . . . . . . . .. . . . . . .. 4W�a •.Irn]ha» Mrra Vu]JS . . _ . . _ . q . . . . % NP.uwt.]rrhpvtlw.IlbyPb]],Yw %1 PY.I,LLnYq _ . . . _ . . . . . . . 1 II It Oti/afOlmllBr Wqi ml. q,!!R�FIR . . ... . ... . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1MNLt. . . . . . . . . . . . .RS!ndn ”1M?! . . . . . . . . .. . . . .. . . . . . . . . . . . . . . _ . . . .. . . . . . . . . . .utQbt?u+.11 . . .,yw...a .. . . .. . . .. . . .. . . . . .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . Aryl tltl.F]p rtrFl tr n r . . . . . . . . . . .. . . . . . . . .. . .. . . . . . . .. . . . . . . . . . .. . .. MBtvl, . . . . . . ... . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ent. Awwydb.WipwMiubrlMDimavbvpy.. .. . . . . . . . . . . . . . . . . . . xM. int mi. n . . . . . . . . . . . . . .. . . fryarl!rdr . . . . K] I . . . . . . . . . .. . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . pw,.ppQ . . - . . . . . . . . . Jfi^f.0! ]Mf. . . . . . . _- . . . . . .. _ . . . . . . . . . . . . . . . . . . . . 1]°i Y1g11Y1a+nILYy WIb bUlA4m Mbrpyr • • • .. •. . - . . . . • r.Yd ..IY!g5!Mr. .. . . . . . M Ju.tl.nrwNrgY:yMw.awt0.Yn W wNb.nbamirrrm.auY��pY.wlb.W Nwhnr^4.r'INNnryvtw a NIMMidwrYMN r]WwFYbaNwYnpYywb.M W W.IurgbrvGdwNNr.4rllrr WYLw/Nlli.rlrwew ' bYwwrYlyrntlMl W.fbr W wdrrtr+N.asaw4nNW wrwrgYr Y W Mrrraabmr W Iy4a.W dNanllr W rlydNrrimM Wbr.aNwl.hl MrrNdwawtlbMrb W rr4Mmre]Y.trYMM.WIwFn Mr.MY.Ymcv.lY bw:wrrwa.rba]6nWMn.ely hrlFYwNb4XrMavWbNYYVN[IIIYrrIq YY IW Id I.MCMbb+ /rwubR"MrnWlntrarMYwa+r�11^s1w.m'M19bNMgYlrapb�UWrN rnrpr.M trbr.N'r Yvayab.awytrNray w.wrwbq twwkffmalrNNNa,.furn.tr4 ybw Iop]rbrib rI f'NJwun FrawFr]labh lyrrwt ' v br Ix wrwwwsw.n.x C� w'"• t^dDL`• —`Y�`2Cf111LV ad .Erl �YFy �.£' uNwwrll:yl ixlrr! t IN d k � o �.n: LWYb..Nwrr.w LAi, G ��] LOrM - rartuwwtrr]yriaofaN V..a'gwaNrm.. tnmrr . . ' LIABILITIES, SURPLUS AND OTHER FUNDS CbmaYO IbYu . . . . . . . . . . . .. . . . . . _gwurs,JH . . . .. . . . .1.;SM.!Eflsf . . . . . . . . . . . . . . . . . . . x worm.w,.Ylrardsaw.ws.gw++wfw. . . . . . .. . . . . n?!HP. . . . . . . - _ . . !mf!y„pl 11ew.4t+w.vw+r1M]A LN ]s.u+mR . . . . . . . . . . . . . . . . . . . . .. marwomd..rr+pwr..Ymawmrdrx i6. WtrMru,V.11r.WM . , . . . ..-.... . ....... .- .V . OoaaMWPM Wimwdw /aVr ! . . . ... . E1 QarbwfmowYrMWN . . . ..... ... . _x�fKlrWO..L11!1 . ... . . -. . . woos . . . . . . . . . . . .. . . . .. . . . .. . . . . . . . . . . . . . . Nlgf . . . N;C].WaWtlNYvnf . . . . .!1.'+.?• .. . .. .. . . . . . . . . . . . . . . . . . .. . . . _ . flSJV . . . . . . . . . . . . Id15 Ri i Uw.".fPal.rnlv.ININ]i Mw.g4ra.arrolwrW ry+bwtrr.er 14 MtrpWq _ . . . . . . . . . . . . . . . . . b.>IZ. . . aIT!.� to. MtrarardwNwvpY If.l brd1N IIS 114gleq.'. . . .. . . . . . .. . . . . . _ _. . . . . . . . . . . . . . . It Crrnbrrt V.r4wnrgtlJ.WdusYmW.o 1 . . . . . . .. . . . . _ . . . . . _ . . .W!4f75? . . . . . . . . . . . . u. rw.ruwr��wnuarlawe.rlrrwpe.aa.r. nnxcaw�lq . . . . . . - . . . . . . 1 ? + u. nw.r.►narwnrtlwrwmwrrrwaun .. .. . ... . _ . . . . . . . . . . . _ . . . .!?¢ +P?! .. .. . . . . . . . Jry!oiN n Nrrw.Wwwwvaf . _ _ . . . . . .. . . .. . . . . _ .. , . . . - . . . . . . . _ _ . . . 4R?ib!m . . . - . _ . . .N.]Mi!1 . . . .. . . .. . . .. . . . . . . . . . . . . . .. . .. . . . K rmYrtrn.•N.rn r. .. . . . . . . . . . . . _ . . . . . . . . .. . . . . . .- . . . . . . . . . .. wwr#.Ird.brrswwbue.b lrYaarrY rW. • •• . . •. • • +4 cwbwaaalt . . . . . .. . .. . .. . . . . _ . . . . . . . . . . . _ . . . . . . . . _ . _ .. . . . . . . .. . . . . . . . . . .. . . . . . . . . .. .... . .. .. ... . . . . . . . _ . . .?Ap?u NtwarmWm . . . . . . . .. . . . ?yAe . . . . . .. .. . .. . . !.is!p•in4/u!l1 ]L GyNm6t . _ . . . . . . 1wruY6wxl • • • .•• . • • •• .• • . • . _ _ • • _ . . _ . . . . . . . . . . . . . _ . . _ _ . . . - . . . _ _ _ . . _ - . . . . . . . . . .11 M t]e4rw ,sdN 6. .. . . . . . . . . .If. . . . . . _ . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . ... . . .. . . a. Ta.b{lbr .WAy r.bJ.lNfNliyN Ir+w+ nl . . . . . . . . . . . . . . .>.at!imsm. . . . . . . . . . nA�fd¢v u. f*wrwbllr . . . . . . . . . . . . . . . . . a rmr.rrpal.uw]n . . , _ . . _ n. Nr.nl..r:.xwe+wsaara. . . . .. . . . . . . . . . . . . . . .. . . . . . wlns . .. x eaonenwr+rat . _ . . . . . . . . . . . .. . .. .. . . . .. . . . . . . . _ . . . . . a nanr s.+wn . . . .. . .. . . . . .. . . . . . . .. . .. . . . .. . np14m . , . .tgaoDn1 . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . .. . .. . . . . . .. . . .. . . . . . . . . . . . .. . n. s.rl..dw 1 ]L Wwrgwwar2are . . . . . . rm+ . . . ... . . . .. . . .. . . . . . . . . . .. . .. S v'a+.7nf4d.(rsp1.) . . . .. .. . . . .. . .. .. .. . . . . . .. . . .. . . . . . _ . .. . . . . . . . . . . . }13VI . � . . . . . . . . . 43!tAsl.!p M 4sbrryrb.rart • • . . . • . - • %J . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . I . . . . . . . . . . . . . . . . . . .. . . . . . .. 4W�a •.Irn]ha» Mrra Vu]JS . . _ . . _ . q . . . . % NP.uwt.]rrhpvtlw.IlbyPb]],Yw %1 PY.I,LLnYq _ . . . _ . . . . . . . 1 II It Oti/afOlmllBr Wqi ml. q,!!R�FIR . . ... . ... . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1MNLt. . . . . . . . . . . . .RS!ndn ”1M?! . . . . . . . . .. . . . .. . . . . . . . . . . . . . . _ . . . .. . . . . . . . . . .utQbt?u+.11 . . .,yw...a .. . . .. . . .. . . .. . . . . .. . . . .. .. . . . . . . . . . . . . . . . . . . . . . Aryl tltl.F]p rtrFl tr n r . . . . . . . . . . .. . . . . . . . .. . .. . . . . . . .. . . . . . . . . . .. . .. MBtvl, . . . . . . ... . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ent. Awwydb.WipwMiubrlMDimavbvpy.. .. . . . . . . . . . . . . . . . . . . xM. int mi. n . . . . . . . . . . . . . .. . . fryarl!rdr . . . . K] I . . . . . . . . . .. . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . pw,.ppQ . . - . . . . . . . . . Jfi^f.0! ]Mf. . . . . . . _- . . . . . .. _ . . . . . . . . . . . . . . . . . . . . 1]°i Y1g11Y1a+nILYy WIb bUlA4m Mbrpyr • • • .. •. . - . . . . • r.Yd ..IY!g5!Mr. .. . . . . . M Ju.tl.nrwNrgY:yMw.awt0.Yn W wNb.nbamirrrm.auY��pY.wlb.W Nwhnr^4.r'INNnryvtw a NIMMidwrYMN r]WwFYbaNwYnpYywb.M W W.IurgbrvGdwNNr.4rllrr WYLw/Nlli.rlrwew ' bYwwrYlyrntlMl W.fbr W wdrrtr+N.asaw4nNW wrwrgYr Y W Mrrraabmr W Iy4a.W dNanllr W rlydNrrimM Wbr.aNwl.hl MrrNdwawtlbMrb W rr4Mmre]Y.trYMM.WIwFn Mr.MY.Ymcv.lY bw:wrrwa.rba]6nWMn.ely hrlFYwNb4XrMavWbNYYVN[IIIYrrIq YY IW Id I.MCMbb+ /rwubR"MrnWlntrarMYwa+r�11^s1w.m'M19bNMgYlrapb�UWrN rnrpr.M trbr.N'r Yvayab.awytrNray w.wrwbq twwkffmalrNNNa,.furn.tr4 ybw Iop]rbrib rI f'NJwun FrawFr]labh lyrrwt ' v br Ix wrwwwsw.n.x C� w'"• t^dDL`• —`Y�`2Cf111LV ad .Erl �YFy �.£' uNwwrll:yl ixlrr! t IN d k � o �.n: LWYb..Nwrr.w LAi, G ��] LOrM Men THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 24677t This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint D. MICHAEL SHERMANs JOSEPH C. BRICKNER9 MATTHEW D. BEVINSs STEVEN C. BUELTEL, ALL OF THE CITY OF CAPE CORAL, STATE OF FLORIDA ................ 7. ............ ......................... ................. . ... . . . ....... ..... ........................... eachindividualand as its ly rf there be more than one named, its true and lawful attorney in fact to make, execute seal acknowledge and deliver, for and on its SEVENTY FIVE MILLION A D 00/1and 00"Y•a"h=nd a�l+;�undertakings, bonds, recognizances and other surety obligations ipaha penal sum not exceeding DOLLARS ($ _ 75,000,000.00 ""' 1 execution of such undertakings, bondseach, and the , recognizances and surety obligations, inpursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any Officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such y attomeys-in-tact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When 80 executed such instruments shall be as binding as if signed by the president and attested by the secretary. c y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: M c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. _ w7 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. of 0 — I 01 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the any and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 30th day of December L ?t �3 pn08 A O � i LIBERTY MUTUAL INSURANCE COMPANY 7 ` 04) w m0 a� By ( em ✓ z 'c COMMONWEALTH OF PENNSYLVANIA ss3 {1 Garnet W. Elliott, Assistant Secretary y y COUNTY OF MONTGOMERY t c rr i O r On this 30th day of __p mb r t O , _ , 2QU , before me, a Notary Public, personally came Gamet W Elliott, to me known, and acknowledged r i E — that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :0 0 ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. j .D TIN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year r e 'U c first above written. Q. pNw Y COMMONWEALTH OF PENN YIVANIA R " Z Z 0 OF Teresa PasWk NaWPuuk ;C P P Pry4 Twp., i%D � xrrO gy Te .sa „"„s`� CC LyPt>` Cc Rb Crnwrwsbn E)om star. 2e. c2ow Ter sa Pastella, Notary Public Dc CERTIFICATE Q y�G °^'��• P=^^as�•arls ,t:maarbnV � tV_ F � I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. II IN TESTIMTNY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this f day of tilt By r ' David M. Carey, Assigt nt Secretary Men THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 24677t This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint D. MICHAEL SHERMANs JOSEPH C. BRICKNER9 MATTHEW D. BEVINSs STEVEN C. BUELTEL, ALL OF THE CITY OF CAPE CORAL, STATE OF FLORIDA ................ 7. ............ ......................... ................. . ... . . . ....... ..... ........................... eachindividualand as its ly rf there be more than one named, its true and lawful attorney in fact to make, execute seal acknowledge and deliver, for and on its SEVENTY FIVE MILLION A D 00/1and 00"Y•a"h=nd a�l+;�undertakings, bonds, recognizances and other surety obligations ipaha penal sum not exceeding DOLLARS ($ _ 75,000,000.00 ""' 1 execution of such undertakings, bondseach, and the , recognizances and surety obligations, inpursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any Officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such y attomeys-in-tact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When 80 executed such instruments shall be as binding as if signed by the president and attested by the secretary. c y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: M c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. _ w7 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. of 0 — I 01 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the any and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 30th day of December L ?t �3 pn08 A O � i LIBERTY MUTUAL INSURANCE COMPANY 7 ` 04) w m0 a� By ( em ✓ z 'c COMMONWEALTH OF PENNSYLVANIA ss3 {1 Garnet W. Elliott, Assistant Secretary y y COUNTY OF MONTGOMERY t c rr i O r On this 30th day of __p mb r t O , _ , 2QU , before me, a Notary Public, personally came Gamet W Elliott, to me known, and acknowledged r i E — that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :0 0 ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. j .D TIN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year r e 'U c first above written. Q. pNw Y COMMONWEALTH OF PENN YIVANIA R " Z Z 0 OF Teresa PasWk NaWPuuk ;C P P Pry4 Twp., i%D � xrrO gy Te .sa „"„s`� CC LyPt>` Cc Rb Crnwrwsbn E)om star. 2e. c2ow Ter sa Pastella, Notary Public Dc CERTIFICATE Q y�G °^'��• P=^^as�•arls ,t:maarbnV � tV_ F � I, the undersigned, Assistant ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. II IN TESTIMTNY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this f day of tilt By r ' David M. Carey, Assigt nt Secretary 2008018 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF RVER FIL SECTION 00612 - Payment Bond BK' IPGII ofOUNT133 2357 706, P" ag 07129/2009 at 02:23 PM,, of KNOW ALL MEN BY THESE PRESENTS: JEFFREY K BARTON, CLERK OF COURT BY THIS BOND, we DeAngelis Diamond Construction, Inc. 6635 Willow Park Dr. Naples, FL 34109 (239) 594-1994 (Contractor), as Principal (Insert name, principal business address, and telephone number of PrincipaUContractor) and Liberty Mutual Insurance Company 175 Berkeley St. Boston, MA 02116 (407) 667-1744 as Surety, a corporation, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1801 , 27th Street, Vero Beach, Florida 32960, (772-567-80001. in the sum of One Million Three Hundred fifty Seven Thousand and 00/100 Dollars ($ 1,357,000.00 ) amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 14th day of July 20 09 entered into between the Principal and the County of Indian River, for: Bond Number: 964009272 Project Name: IRC Parks Maintenance Complex County Project Number: 0701 Project Address: 5500 77m Street Project Description: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77"' Street (Hobart Road) between 58 " Ave. (Kings Highway) and lateral 'G' canal. These improvements will include but not necessarily be limited to utilities, paving, drainage, landscaping, irrigation work and the construction of a 3600 square foot office building with associated covered mechanical repair facilities A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1 . A claimant, as defined in Florida Statutes Section 255.05(1 ), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract. 00612 00612 - Payment Bond REV 04-07.doc C?Dac,an¢nls and So"ygc\,R,�iy,pt,"nLLo�al Sgpinpc\Twipxcy In 00612 - 1 RIGc OLKVON12 - Payment Bond REV N-07.doc Rw. 0=1 2008018 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF RVER FIL SECTION 00612 - Payment Bond BK' IPGII ofOUNT133 2357 706, P" ag 07129/2009 at 02:23 PM,, of KNOW ALL MEN BY THESE PRESENTS: JEFFREY K BARTON, CLERK OF COURT BY THIS BOND, we DeAngelis Diamond Construction, Inc. 6635 Willow Park Dr. Naples, FL 34109 (239) 594-1994 (Contractor), as Principal (Insert name, principal business address, and telephone number of PrincipaUContractor) and Liberty Mutual Insurance Company 175 Berkeley St. Boston, MA 02116 (407) 667-1744 as Surety, a corporation, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida, 1801 , 27th Street, Vero Beach, Florida 32960, (772-567-80001. in the sum of One Million Three Hundred fifty Seven Thousand and 00/100 Dollars ($ 1,357,000.00 ) amounting to 100% of the total bid price. For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract, dated the 14th day of July 20 09 entered into between the Principal and the County of Indian River, for: Bond Number: 964009272 Project Name: IRC Parks Maintenance Complex County Project Number: 0701 Project Address: 5500 77m Street Project Description: The project will consist of the completion of the proposed improvements for the Indian River County Parks Maintenance Facility to be constructed on the north side of 77"' Street (Hobart Road) between 58 " Ave. (Kings Highway) and lateral 'G' canal. These improvements will include but not necessarily be limited to utilities, paving, drainage, landscaping, irrigation work and the construction of a 3600 square foot office building with associated covered mechanical repair facilities A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: 1 . A claimant, as defined in Florida Statutes Section 255.05(1 ), supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract. 00612 00612 - Payment Bond REV 04-07.doc C?Dac,an¢nls and So"ygc\,R,�iy,pt,"nLLo�al Sgpinpc\Twipxcy In 00612 - 1 RIGc OLKVON12 - Payment Bond REV N-07.doc Rw. 0=1 2. Florida Statutes Section 255.05 (2002) , as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class W . The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] 00072 - Payment Bond REV 04-07.doc G,tOoN�nb uid semn OOet2 - 2 prirtrciauyiiMlagl SMtl,ps�Tanpmry Inlarrot NMOIXBv.V612 . PgmoM 9orW REV OFO].Oot flH. 0Y01 2. Florida Statutes Section 255.05 (2002) , as amended from time to time, together with all notice and time provisions contained therein, is incorporated herein in its entirety by this reference. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or to the Specifications applicable thereto, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policyholder's rating of "A" and Financial Size Category of Class W . The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that the County of Indian River sustains because of a default by the Principal under the Contract. [The remainder of this page was left blank intentionally] 00072 - Payment Bond REV 04-07.doc G,tOoN�nb uid semn OOet2 - 2 prirtrciauyiiMlagl SMtl,ps�Tanpmry Inlarrot NMOIXBv.V612 . PgmoM 9orW REV OFO].Oot flH. 0Y01 IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 21st day of July , 2009 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. w+wwlf wwwHaa++Ha\Hefw\afwHfHHHHw++\H\fw\arf+f+++r\++Hf\a++\f\faraaHlf++.wwH1H\1we++\faHwf++Hat WHEN THE PRINCIPAL IS AN INDIVIDUAL: Witness Signature of Individual Address Printed Name of Individual Witness Address r1HlHHlHaf f MrH:1H+Hww1HHwHYf 1faf+eHHlHf lw4lwf HHIHf\f r H1rHlHHH HHHa4+++r+HaHHH+H WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address f w+H\Hf f#!H fHw\w\+YHHHH+-11.1fa+iff 1H{++1fa\{H+H+++l+rNfHHlwH+llrRHHHIHf fa{+fawH+HH{+faw [The remainder of this page was left blank intentionally] 00612 - 3 00612 - Payment Bond REV 04-07.d00 C:Dm,ny,ln0 SYOepeYnmdeupNMLocel SeakVSlTanporuY 1M R+ »LKWW12 - Psy BOM RE 0 7.0 Fw. 051 IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals, this 21st day of July , 2009 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. w+wwlf wwwHaa++Ha\Hefw\afwHfHHHHw++\H\fw\arf+f+++r\++Hf\a++\f\faraaHlf++.wwH1H\1we++\faHwf++Hat WHEN THE PRINCIPAL IS AN INDIVIDUAL: Witness Signature of Individual Address Printed Name of Individual Witness Address r1HlHHlHaf f MrH:1H+Hww1HHwHYf 1faf+eHHlHf lw4lwf HHIHf\f r H1rHlHHH HHHa4+++r+HaHHH+H WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address f w+H\Hf f#!H fHw\w\+YHHHH+-11.1fa+iff 1H{++1fa\{H+H+++l+rNfHHlwH+llrRHHHIHf fa{+fawH+HH{+faw [The remainder of this page was left blank intentionally] 00612 - 3 00612 - Payment Bond REV 04-07.d00 C:Dm,ny,ln0 SYOepeYnmdeupNMLocel SeakVSlTanporuY 1M R+ »LKWW12 - Psy BOM RE 0 7.0 Fw. 051 WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address •rwrwwwwwwwrwrwwaarrrrw*wwarrrrwxrrr*arawrrwxwaarwawaawwxararwawrrwwaaxraraxaawaxawwwaxn.rwaxaawaaxrawawxxxa WHEN THE PRINCIPAL IS A CORPORATION: Attest: Secre Name of Co Oratio eAngeli lamond Constructiori;. Inc'." .rf (Affix Corporat� 41 • .ch : r> Printed NameY) � {3� c ccc D ` Official Title r if eel ll4 CERTIFICATE AS TO CORPORATE PRINCIPAL I �TON ►J 4'1 r=� , certify that i am the Secretary of the corporation namegE as Principal in the within bond; that 4t/ice 3 p/ A N t � N0 who signed the sai(JS" bond on behalf of the Principal was then GSt DlsePT of said corporation t, that I know his signature, and his signature thereto is genuine; and that said Bond yas :e]tlly signed, sealed and attested for and on behalf of Said corporation by authority of Its Bove , A : body, r Secretary (SEAL) c3 : fi a [The remainder of this page was left blank intentionally] 00612 • Payment Bond REV 04-0Zdoc C:t0o�trnts ana sawnphrcndauOhMtlee� aettlnyATa 00612 . 4 iryoruy INBTBI FllaatAl](8b0g12 - Pepnm 9onC REV 06-07.dx Rev. e5b1 WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed, sealed and delivered in the presence of: Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address •rwrwwwwwwwrwrwwaarrrrw*wwarrrrwxrrr*arawrrwxwaarwawaawwxararwawrrwwaaxraraxaawaxawwwaxn.rwaxaawaaxrawawxxxa WHEN THE PRINCIPAL IS A CORPORATION: Attest: Secre Name of Co Oratio eAngeli lamond Constructiori;. Inc'." .rf (Affix Corporat� 41 • .ch : r> Printed NameY) � {3� c ccc D ` Official Title r if eel ll4 CERTIFICATE AS TO CORPORATE PRINCIPAL I �TON ►J 4'1 r=� , certify that i am the Secretary of the corporation namegE as Principal in the within bond; that 4t/ice 3 p/ A N t � N0 who signed the sai(JS" bond on behalf of the Principal was then GSt DlsePT of said corporation t, that I know his signature, and his signature thereto is genuine; and that said Bond yas :e]tlly signed, sealed and attested for and on behalf of Said corporation by authority of Its Bove , A : body, r Secretary (SEAL) c3 : fi a [The remainder of this page was left blank intentionally] 00612 • Payment Bond REV 04-0Zdoc C:t0o�trnts ana sawnphrcndauOhMtlee� aettlnyATa 00612 . 4 iryoruy INBTBI FllaatAl](8b0g12 - Pepnm 9onC REV 06-07.dx Rev. e5b1 TO BE EXECUTED BY CORPORATE SURETY: Attest: r Secretary Corporate Surety Liberty Mutual Insurance Companj �?t , l,, .t,-^L Business Address 175 Berkeley St. Boston � t $ib e` L--?op R-- (Affix Corporate Attorney-In-Fact Matthew D. Bevins 1r/rs , """1°;• r rtuu Name of Local Agency Dawson of Florida, LLC Business Address 1615 SE 47th Terrace Cape Coral, FL 33904 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Matthew D. Bevins to me well known, who being by me first duly sworn upon oath, says that he Is the attorney-in-fact for the Surety and that he has been authorized by Liberty Mutual Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 21st day of July 20 09 Wip JOSEPH CHESTER BRIC r PUtate Of MY COMMISSION # D0732071 My Commission Exp rEXPIRES November 06, 2011 +p (407) 3SM153 FIOHI Nd rySeNme.00m END OF SECTION 00612 - Payment Bond REV 04-07.doo C1oaw.renn era sau vmde 00612 . 5 Ms vphllnLLoey SMtlnpa\Tanporary Mtemet FlieelMK9�0p812 - Paynpnt BpnO REV 01-07.Ooe Rev, ¢y01 TO BE EXECUTED BY CORPORATE SURETY: Attest: r Secretary Corporate Surety Liberty Mutual Insurance Companj �?t , l,, .t,-^L Business Address 175 Berkeley St. Boston � t $ib e` L--?op R-- (Affix Corporate Attorney-In-Fact Matthew D. Bevins 1r/rs , """1°;• r rtuu Name of Local Agency Dawson of Florida, LLC Business Address 1615 SE 47th Terrace Cape Coral, FL 33904 STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Matthew D. Bevins to me well known, who being by me first duly sworn upon oath, says that he Is the attorney-in-fact for the Surety and that he has been authorized by Liberty Mutual Insurance Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 21st day of July 20 09 Wip JOSEPH CHESTER BRIC r PUtate Of MY COMMISSION # D0732071 My Commission Exp rEXPIRES November 06, 2011 +p (407) 3SM153 FIOHI Nd rySeNme.00m END OF SECTION 00612 - Payment Bond REV 04-07.doo C1oaw.renn era sau vmde 00612 . 5 Ms vphllnLLoey SMtlnpa\Tanporary Mtemet FlieelMK9�0p812 - Paynpnt BpnO REV 01-07.Ooe Rev, ¢y01 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 G- DATE7/16 /09 . DEANG-4 07/16 /09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RMaHTS UPON THE CERTIFICATE Dawson of Florida ; Naples HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6609 Willow Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples M 34109 Phoae : 239 -261- 6116 Fax : 239 -261-2803 INSURERS AFFORDING COVERAGE MAIC # WSURED INSURER K c>msm.0 areaoc. C� 10677 INSURER B: Bridgefield Employers DeAngelis Diamond Construction Attn : Steve Souk INsuRER c: The North River Ins . Co . 21105 6635 Willow Drive INSURER D: Naples FL 34109109 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 114SLRED WV.ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW11HSTMDING ANY REOUIREMEM. TEAM OR CONDITION OF PITY CONRtPLT OR OTHER DOCLNE W WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.ECT TO PUL THE TERMS, EXCLUSIONS AND CCNDIDONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSRC TYPE OF $RSIRANKE POLL WIABER DATE (AMYD011'1T DATE lMMMONY) LIMOS � IUASIILII'N EACH OCCURRENCE $ 1 , 000 , 000 A X COMMERCIAL C434MAL LIABILrTY CPP0891579 01/01/09 01/01/10 PFEMISES (Ea pomr a) $ 150 , 000 SIMS MADE 0 occLR MED EXP 1AOY ore persm) $ 10 , 000 PERSONAL S ADV IN.AIRY 51 , 000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPJOPAGG $ 2 , 000f00O POLICY n �4 LOC Emp Ben . 100 /300 AIfTOMOBLE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000 , 000 A X ANY nurO CAA5878840 01/01 /09 01/01/10 (Ea aw anl) PLL OWNED PHOS BODILY INJURY $ SCHEDULED AUTOS (Par person) HIRED AUTOS BDDILY IN.AAtY $ NON-0VJMED AUTOS (Pere 6 ) PROPERTY DAMAGE $ (Per ec dtl ) GARAGE LIABILITY PJffOO1Y - EA ACCIDENT $ ANY AUTO OTTER IIAN EA ACC $ AUTO ONLY- AGG $ EXCESSNMBRELLALIABILm EACH OCCURRENCE $ 10 , 000 , 000 C OCCUR F-1CLAIMSMADE 552 -013758 - 9 01/01 /09 01/01/10 AGGREGATE $ $ DEDUCTIBLE X RETENUON $ O $ WEMPLOYERS' COIR B SATON ANO LIABILITY TMY LIMITS Eft B PITY PROPRIETOFWARTNERJEXEQUTIVE 83031088 01/01/09 01/01/10 E.LEACHACCIDENr $ 1000000 OFFICERJMEMBER EXCLUCED9 EL DISEASE - EA EMPLOYEE $ 1000000 II yes. Eesotlbe v r SPEC IAL PROVISIONS belay EL. DISEASE - POLICYLIMIT IS 1000000 OTHER DESCRIP110N OF OPERATIONS 1 LOCATIONS f VEMCLES J IXCLUSIONS ADO® BY BIDORSEIBIT J SPECIAL PROVM410N3 Re : IAC Parks Maintenance Complex Indian River County rlorida is addded as an Additional Insured with regards to the Liability per form GA 233 0802 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Indian River County Florida DATE THEREOF, THE ISSUMG NSURER WLL ENDEAVORTO MAL 30 OAYs wRRTEN Department of General Services NOTICE TO THE CERTEICATE HOLOHt NAA® TO THE LerT, BUT FAILURE TO DO SO SHALL Purchasing Division `IPOSE NO OBLIGATION OR LIABILITY OF ANY MD UPON THE INSURE ITS AGENTS OR 1800 27th St rt Vero Beach LTL 32960 Rr-0RESENrATrvEs. ACORD 25 (2007/08) 0 ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 G- DATE7/16 /09 . DEANG-4 07/16 /09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RMaHTS UPON THE CERTIFICATE Dawson of Florida ; Naples HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6609 Willow Park Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples M 34109 Phoae : 239 -261- 6116 Fax : 239 -261-2803 INSURERS AFFORDING COVERAGE MAIC # WSURED INSURER K c>msm.0 areaoc. C� 10677 INSURER B: Bridgefield Employers DeAngelis Diamond Construction Attn : Steve Souk INsuRER c: The North River Ins . Co . 21105 6635 Willow Drive INSURER D: Naples FL 34109109 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE 114SLRED WV.ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW11HSTMDING ANY REOUIREMEM. TEAM OR CONDITION OF PITY CONRtPLT OR OTHER DOCLNE W WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.ECT TO PUL THE TERMS, EXCLUSIONS AND CCNDIDONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSRC TYPE OF $RSIRANKE POLL WIABER DATE (AMYD011'1T DATE lMMMONY) LIMOS � IUASIILII'N EACH OCCURRENCE $ 1 , 000 , 000 A X COMMERCIAL C434MAL LIABILrTY CPP0891579 01/01/09 01/01/10 PFEMISES (Ea pomr a) $ 150 , 000 SIMS MADE 0 occLR MED EXP 1AOY ore persm) $ 10 , 000 PERSONAL S ADV IN.AIRY 51 , 000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPJOPAGG $ 2 , 000f00O POLICY n �4 LOC Emp Ben . 100 /300 AIfTOMOBLE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000 , 000 A X ANY nurO CAA5878840 01/01 /09 01/01/10 (Ea aw anl) PLL OWNED PHOS BODILY INJURY $ SCHEDULED AUTOS (Par person) HIRED AUTOS BDDILY IN.AAtY $ NON-0VJMED AUTOS (Pere 6 ) PROPERTY DAMAGE $ (Per ec dtl ) GARAGE LIABILITY PJffOO1Y - EA ACCIDENT $ ANY AUTO OTTER IIAN EA ACC $ AUTO ONLY- AGG $ EXCESSNMBRELLALIABILm EACH OCCURRENCE $ 10 , 000 , 000 C OCCUR F-1CLAIMSMADE 552 -013758 - 9 01/01 /09 01/01/10 AGGREGATE $ $ DEDUCTIBLE X RETENUON $ O $ WEMPLOYERS' COIR B SATON ANO LIABILITY TMY LIMITS Eft B PITY PROPRIETOFWARTNERJEXEQUTIVE 83031088 01/01/09 01/01/10 E.LEACHACCIDENr $ 1000000 OFFICERJMEMBER EXCLUCED9 EL DISEASE - EA EMPLOYEE $ 1000000 II yes. Eesotlbe v r SPEC IAL PROVISIONS belay EL. DISEASE - POLICYLIMIT IS 1000000 OTHER DESCRIP110N OF OPERATIONS 1 LOCATIONS f VEMCLES J IXCLUSIONS ADO® BY BIDORSEIBIT J SPECIAL PROVM410N3 Re : IAC Parks Maintenance Complex Indian River County rlorida is addded as an Additional Insured with regards to the Liability per form GA 233 0802 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Indian River County Florida DATE THEREOF, THE ISSUMG NSURER WLL ENDEAVORTO MAL 30 OAYs wRRTEN Department of General Services NOTICE TO THE CERTEICATE HOLOHt NAA® TO THE LerT, BUT FAILURE TO DO SO SHALL Purchasing Division `IPOSE NO OBLIGATION OR LIABILITY OF ANY MD UPON THE INSURE ITS AGENTS OR 1800 27th St rt Vero Beach LTL 32960 Rr-0RESENrATrvEs. ACORD 25 (2007/08) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) SECTION 00622 - Contractor's Application for Payment Application for Payment No . For Work Accomplished through the period of through To : Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: OWNER's Contract No . 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 . 1b 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 . 1b) : $ 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) : 00622 - Contractor's Application for Payment REV 04-07.doc 00622 - 1 F:\EngineeringlCapital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance CompleA00622 - Contractor's Application for Payment REV 04-07.doc SECTION 00622 - Contractor's Application for Payment Application for Payment No . For Work Accomplished through the period of through To : Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: OWNER's Contract No . 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 . 1b 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 . 1b) : $ 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) : 00622 - Contractor's Application for Payment REV 04-07.doc 00622 - 1 F:\EngineeringlCapital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance CompleA00622 - Contractor's Application for Payment REV 04-07.doc CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTORS legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive ; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by No . 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: 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 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 (ENGINEER/INSPECTOR) SIGNATURE Accompanying Documentation : ***END OF SECTION'** 00622 - Contractor's Application for Payment REV 04-07.doc 00622 - 2 Contractor'sn Application for Payment IRC PARKS COMPLEXI Contract Documents EngURC Parks Maintenance Complex100622 - Contractor's Application for Payment REV 04-07 CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTORS legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive ; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective and (4) If this Periodic Estimate is for a Final payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by No . 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: 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 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 (ENGINEER/INSPECTOR) SIGNATURE Accompanying Documentation : ***END OF SECTION'** 00622 - Contractor's Application for Payment REV 04-07.doc 00622 - 2 Contractor'sn Application for Payment IRC PARKS COMPLEXI Contract Documents EngURC Parks Maintenance Complex100622 - Contractor's Application for Payment REV 04-07 To : Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: Bid m Estimated Schedule Quantity Percent Material Amount Item Unit Price Of Values Amount Complete Completed No. Quantity Amount Completed % Stored and Stored 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . TOTAL AMOUNT [Note: Total Schedule of Values Amount should equal the current Contract Price.] * * END OF SECTION 00622 - Contractor's Application for Payment REV 04-07.doc 00622 - 1 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00622 - Contractor's Application for Payment REV 04-07.doc To : Indian River County (OWNER) From : (CONTRACTOR) Contract: Project: Bid m Estimated Schedule Quantity Percent Material Amount Item Unit Price Of Values Amount Complete Completed No. Quantity Amount Completed % Stored and Stored 1 . 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21 . 22 . TOTAL AMOUNT [Note: Total Schedule of Values Amount should equal the current Contract Price.] * * END OF SECTION 00622 - Contractor's Application for Payment REV 04-07.doc 00622 - 1 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00622 - Contractor's Application for Payment REV 04-07.doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 20 OWNER: Indian River County CONTRACTOR- Contract: Project: OWNER's Contract No . CONTACT FOR : ENGINEER's Project No . ( Insert Name of Contract as it appears in the Bid Documents) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To : CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 04-07. doc 00630 - 1 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng1IRC Parks Maintenance Complex\00630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00630 - Certificate of Substantial Completion Date of Issuance : 20 OWNER: Indian River County CONTRACTOR- Contract: Project: OWNER's Contract No . CONTACT FOR : ENGINEER's Project No . ( Insert Name of Contract as it appears in the Bid Documents) This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To : CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER , CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive , and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents . The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion . 00630 - Certificate of Substantial Completion REV 04-07. doc 00630 - 1 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng1IRC Parks Maintenance Complex\00630 - Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety, maintenance, heat, utilities , insurance and warranties and guarantees shall be as follows : OWNER:- CONTRACTOR :- The WNER:CONTRACTOR :The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : ( Date) . ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date ) . CONTRACTOR : By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - 2 00630 - Certificate of Substantial completion REV 04-07.doc F:IEngineeringlCapital Projects10701 IRC PARKS COMPLEX1Contract Documents Eng11RC Parks Maintenance Complex100630 - Certificate of Substantial Completion REV 04-07.doc The responsibilities between OWNER and CONTRACTOR for security , operation , safety, maintenance, heat, utilities , insurance and warranties and guarantees shall be as follows : OWNER:- CONTRACTOR :- The WNER:CONTRACTOR :The following documents are attached to and made a part of this Certificate : [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents . Executed by ENGINEER on : ( Date) . ENGINEER: By: (Authorized Signature) CONTRACTOR accepts this Certificate of Substantial Completion on (date ) . CONTRACTOR : By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date ) . OWNER : INDIAN RIVER COUNTY By : (Authorized Signature ) * * END OF SECTION 00630 - 2 00630 - Certificate of Substantial completion REV 04-07.doc F:IEngineeringlCapital Projects10701 IRC PARKS COMPLEX1Contract Documents Eng11RC Parks Maintenance Complex100630 - Certificate of Substantial Completion REV 04-07.doc SECTION 00632 - CONTRACTOR' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County, Florida , a political subdivision of said state, did on the day of 20_, enter into a contract for the performance of certain work, more particularly described as follows : UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER . 6 . . CONTRACTOR hereby certifies that it has no claims against the OWNER . 00632- 1 F:1Engineering\Capita1 Projects10701 IRC PARKS COMPLEX1Contract Documents Eng11RC Parks Maintenance CompleA00632 - Contractor's Final Certification REV 04-07.doc SECTION 00632 - CONTRACTOR' S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) STATE OF COUNTY OF Personally before me the undersigned officer, authorized by the laws of said state to administer oaths , comes , who on oath says : That he is the CONTRACTOR with whom Indian River County, Florida , a political subdivision of said state, did on the day of 20_, enter into a contract for the performance of certain work, more particularly described as follows : UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that : 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents . 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER . 6 . . CONTRACTOR hereby certifies that it has no claims against the OWNER . 00632- 1 F:1Engineering\Capita1 Projects10701 IRC PARKS COMPLEX1Contract Documents Eng11RC Parks Maintenance CompleA00632 - Contractor's Final Certification REV 04-07.doc (Corporate Sea] ) (Contractor) By: Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632-2 F:1EngineerinmCapital Projects10701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00632 - Contractor's Final certification REV 04-07.doc (Corporate Sea] ) (Contractor) By: Subscribed and sworn to before me this _ day of , 20 Notary Public State of Florida at Large My Commission expires : + + END OF SECTION + + 00632-2 F:1EngineerinmCapital Projects10701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00632 - Contractor's Final certification REV 04-07.doc STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N .W. , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria , VA 22314 American Consulting Engineers Council 1015 15th Street N .W. , Washington , DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 1 .02 Terminology. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 2 - PRELIMINARY MATTERS .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.01 Delivery of Bonds . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .02 Copies of Documents. . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. .. . .. . . . . . .. . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 8 2 .04 Starting the Work. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 2.05 Before Starting Construction . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . 8 . . . . . .. . . . . . . . . 2.06 Preconstruction Conference . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9 3.01 Intent . . . . . . . . . . . . . . . . . . . 9 3.02 Reference Standards . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 3.04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3.05 Reuse of Documents. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCEPOINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. 01 Availability of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.02 Subsurface and Physical Conditions . . . . . . . - . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 .03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . 11 4.04 Underground Facilities . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 4 .05 Reference Points . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . .. . . . . . . . . . 13 4.06 Hazardous Environmental Condition at Site. . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . .. . . . . . . . .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.01 Performance, Payment and Other Bonds . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 5 . . . . . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . 5. 03 Certificates of Insurance ... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 15 5.04 CONTRACTOR'S LiabilityInsurance . . . . . . . . .. . . . . .. .. . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5.05 OWNER's Liability Insurance . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.06 Property Insurance . . . . . . .. . . .. . . . . . . . .. . . . . . . .. .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . .. . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . 5.07 Waiver of Rights . . . . . . . . . .. . .. . . . . . . ... . . .. . .. . . ... . . . . . .. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 17 . . . 5.08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . .. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . 18 5.09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . 18 5. 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . 18 6.01 Supervision and Superintendence. . . . . . . .. . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 19 6 .03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 04 Progress Schedule . . . . . . .. . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . 6.05 Substitutes and "Or-Equals". . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 .07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 00700 - General Conditions .dec 00700 - 2 FAFngineeringTapital Projects\0701 IRC PARKS COMPLEX\Contracl Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions .doe TABLE OF CONTENTS Title Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 .01 Defined Terms . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 1 .02 Terminology. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 2 - PRELIMINARY MATTERS .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2.01 Delivery of Bonds . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .02 Copies of Documents. . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. .. . .. . . . . . .. . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 .03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 8 2 .04 Starting the Work. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 2.05 Before Starting Construction . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . 8 . . . . . .. . . . . . . . . 2.06 Preconstruction Conference . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 .07 Initial Acceptance of Schedules . . . . . . . . . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9 3.01 Intent . . . . . . . . . . . . . . . . . . . 9 3.02 Reference Standards . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3. 03 Reporting and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 3.04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3.05 Reuse of Documents. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCEPOINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. 01 Availability of Lands. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.02 Subsurface and Physical Conditions . . . . . . . - . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 .03 Differing Subsurface or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . 11 4.04 Underground Facilities . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 4 .05 Reference Points . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . .. . . . . . . . . . 13 4.06 Hazardous Environmental Condition at Site. . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 13 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . .. . . . . . . . .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.01 Performance, Payment and Other Bonds . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 5 . . . . . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . 5. 03 Certificates of Insurance ... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 15 5.04 CONTRACTOR'S LiabilityInsurance . . . . . . . . .. . . . . .. .. . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5.05 OWNER's Liability Insurance . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5.06 Property Insurance . . . . . . .. . . .. . . . . . . . .. . . . . . . .. .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . .. . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . 5.07 Waiver of Rights . . . . . . . . . .. . .. . . . . . . ... . . .. . .. . . ... . . . . . .. . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 17 . . . 5.08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . .. . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . 18 5.09 Acceptance of Bonds and Insurance; Option to Replace . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . 18 5. 10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . 18 6.01 Supervision and Superintendence. . . . . . . .. . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.02 Labor, Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 19 6 .03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 04 Progress Schedule . . . . . . .. . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . 6.05 Substitutes and "Or-Equals". . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6 .07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 00700 - General Conditions .dec 00700 - 2 FAFngineeringTapital Projects\0701 IRC PARKS COMPLEX\Contracl Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions .doe 6 .08 Permits . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 .09 Laws and Regulations . . . . . . . . . . . . . . . . . . 6. 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 22 6. 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444 . . . . . . . . . . . . . . . . . . . . . . .. . . . 4 . . . . 23 . . . . . .. . . . . . . . . . . . . . . . . . . . 6. 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 23 6 . 14 Safety Representative . . . . . 4 . . . . . . 4 . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 15 Hazard Communication Programs . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4444 . .. . . . . . . . . 24 6. 16 Emergencies. . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 24 6. 18 Continuing the Work. . . .. . . . 4 . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . 6. 19 CONTRACTOR's General Warranty and Guarantee .. . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 25 6 . 20 Indemnification . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . .. . .. . . . . . . . .. 26 . ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7. 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7.02 Coordination . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ARTICLE 8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 27 8.01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8.02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .03 Furnish Data . , . .. . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . 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. . . . . . . . . . . . . 4 . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . 28 . . . . . . . . . . . . 8.09 Limitations on OWNER's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . 4 . 4 . . . . . . 4 . . . . . . . . . . . . . 28 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . 28 8. 11 Evidence of Financial Arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 .. . . _ . . . . 28 . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 28 9.01 OWNER'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.02 Visits to Site . . . . . . . . . .. . . . . . 28. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 .03 Project Representative . .. . . . . . . . . . . . . 29 28 . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 9.04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.05 Authorized Variations in Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 29 9.07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . .. . .. . . . . . . . . . 29 9. 10 Limitations on ENGINEER's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 30 10.01 Authorized Changes in the Work. . . . . . . . 4 . . . . . . . . . . . . . . . . . . . 4 . 44 . 30 . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 10.02 Unauthorized Changes in the Work . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10.03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . .. . . . . 30 10.04 Notification to Surety . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 31 10.05 Claims and Disputes . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . .. . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 4444 . . . . . . . . . . . .. 32 11 .01 Cost of the Work. .. . . . . . . .. . . . .. .. . .. . . .. . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11 .02 Cash Allowances.. . . . . . . . .. . . . . . . . . .. . . . . .. . ... . . . . . . . . . . . . .. . . . . .. . ... . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . 4 . 6 . . . . .. . 6 ... . . . . . . . . 4 . 34 11 .03 Unit Price Work . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . .. . 4 . . . . . . . . . . 34 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract D 00700 - 3 00700 - General Conditions .doe ocuments Eng\lRC Parks Maintenance Complex\00700 - General Conditions .doc 6 .08 Permits . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 6 .09 Laws and Regulations . . . . . . . . . . . . . . . . . . 6. 10 Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 22 6. 11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444 . . . . . . . . . . . . . . . . . . . . . . .. . . . 4 . . . . 23 . . . . . .. . . . . . . . . . . . . . . . . . . . 6. 13 Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 23 6 . 14 Safety Representative . . . . . 4 . . . . . . 4 . . . . . . . . . . . . . . . . . . . . 24 . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 15 Hazard Communication Programs . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4444 . .. . . . . . . . . 24 6. 16 Emergencies. . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 . 17 Shop Drawings and Samples . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 24 6. 18 Continuing the Work. . . .. . . . 4 . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . 6. 19 CONTRACTOR's General Warranty and Guarantee .. . . . . . . . 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 25 6 . 20 Indemnification . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . .. . .. . . . . . . . .. 26 . ARTICLE7 - OTHER WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7. 01 Related Work at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7.02 Coordination . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ARTICLE 8 - OWNER'S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 27 8.01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8.02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .03 Furnish Data . , . .. . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . 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. . . . . . . . . . . . . 4 . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . 28 . . . . . . . . . . . . 8.09 Limitations on OWNER's Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . 4 . 4 . . . . . . 4 . . . . . . . . . . . . . 28 8 . 10 Undisclosed Hazardous Environmental Condition . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . 28 8. 11 Evidence of Financial Arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 .. . . _ . . . . 28 . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 28 9.01 OWNER'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.02 Visits to Site . . . . . . . . . .. . . . . . 28. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 .03 Project Representative . .. . . . . . . . . . . . . 29 28 . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 9.04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.05 Authorized Variations in Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 . 06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 29 9.07 Shop Drawings, Change Orders and Payments . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . .. . .. . . . . . . . . . 29 9. 10 Limitations on ENGINEER's Authority and Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 30 10.01 Authorized Changes in the Work. . . . . . . . 4 . . . . . . . . . . . . . . . . . . . 4 . 44 . 30 . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 10.02 Unauthorized Changes in the Work . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 10.03 Execution of Change Orders . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . .. . . . . 30 10.04 Notification to Surety . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 31 10.05 Claims and Disputes . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . .. . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 31 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES ; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 4444 . . . . . . . . . . . .. 32 11 .01 Cost of the Work. .. . . . . . . .. . . . .. .. . .. . . .. . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11 .02 Cash Allowances.. . . . . . . . .. . . . . . . . . .. . . . . .. . ... . . . . . . . . . . . . .. . . . . .. . ... . . . .. . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . 4 . 6 . . . . .. . 6 ... . . . . . . . . 4 . 34 11 .03 Unit Price Work . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . .. . 4 . . . . . . . . . . 34 F:\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract D 00700 - 3 00700 - General Conditions .doe ocuments Eng\lRC Parks Maintenance Complex\00700 - General Conditions .doc 12.01 Change of Contract Price. ... . . . . . .. . . . . ... . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. . . .. . . . . . . . .. . . . . 34 12.02 Change of Contract Times .. . . .. . . . .. . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. . . . . . . .. . . . . . . . 12.03 Delays Beyond CONTRACTOR'S Control . . . . . . . . . 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . 35 12.04 Delays Within CONTRACTORS Control. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 .06 Delay Damages. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . .. . 36 13.01 Notice of Defects . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 13 .02 Access to Work 36. . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 3. 03 Tests andInspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 . . .. . . . . . . . . . 3.04 Uncovering Work.. . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 .05 OWNER May Stop the Work . . .. . . . . . . . . . . . . . . . . 06 Correction or Removal of Defective Work .. . . . .. . . 37 13.07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . .. . .. . . . . . .. . .. . . .. . . . 13 .08 Acceptance of Defective Work. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . 38 13. 09 OWNER May Correct Defective Work . . . . . ... . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . .. . 38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14.01 Schedule of Values . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . 2 Progress Payments. . . . . . . . . . . . . . . . . 39 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . 14. 03 CONTRACTOR's Warranty of Title .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40 14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 .05 Partial Utilization . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . ... . . . . . . . . . . . . . . . 41 06 Final Inspection . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 42 14.07 Final Payment: . . . . . . .. . . . .. . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14 . 09 Waiver of Claims .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . .. . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . ... . . . . .. 43 15.01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 15.02 OWNER May Terminate for Cause . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 .03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. . . . . . . . . . . . . . . 44 ARTICLE 16 - DISPUTE RESOLUTION . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 44 16 .01 Methods and Procedures. . . . . . . . . . . . . . . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . ARTICLE 17 - MISCELLANEOUS . . . . . . . .. . . . . . 17. 01 Giving Notice . . .. . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . .. . . . . . . . . . .. . .. . . . 17.02 Computation of Times . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . 44 17.03 Cumulative Remedies .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . .. . . . . . . . . . . 44 17 . 04 Survival of Obligations . . . . .. . . . . . . . . .. .. . ... .. . . . . .. .. . . . . . . . . . .. . . . .. . . . . . . .. . . . . . . . . .. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 45 17.05 Controlling Law. . . . . . . . . . . . .. .. . . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . .. . . . . . . . . . . . . ... . . . . . . . . . . . . . . ... . .. . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . 45 .00700 - General Conditions F:\EnginecringlCapital Projeds\0701 IRC PARKS COMPLEX\Contract 00700 - 4 doc Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions .doc 12.01 Change of Contract Price. ... . . . . . .. . . . . ... . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . .. . . .. . . . . . . . .. . . . . 34 12.02 Change of Contract Times .. . . .. . . . .. . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. . . . . . . .. . . . . . . . 12.03 Delays Beyond CONTRACTOR'S Control . . . . . . . . . 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . 35 12.04 Delays Within CONTRACTORS Control. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 .06 Delay Damages. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION , REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . .. . 36 13.01 Notice of Defects . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 13 .02 Access to Work 36. . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 3. 03 Tests andInspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 . . .. . . . . . . . . . 3.04 Uncovering Work.. . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 .05 OWNER May Stop the Work . . .. . . . . . . . . . . . . . . . . 06 Correction or Removal of Defective Work .. . . . .. . . 37 13.07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . .. . .. . . . . . .. . .. . . .. . . . 13 .08 Acceptance of Defective Work. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . 38 13. 09 OWNER May Correct Defective Work . . . . . ... . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . .. . 38 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 14.01 Schedule of Values . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . 2 Progress Payments. . . . . . . . . . . . . . . . . 39 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . 14. 03 CONTRACTOR's Warranty of Title .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40 14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 .05 Partial Utilization . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . ... . . . . . . . . . . . . . . . 41 06 Final Inspection . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 42 14.07 Final Payment: . . . . . . .. . . . .. . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14 . 09 Waiver of Claims .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION . . . .. . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . ... . . . . .. 43 15.01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 15.02 OWNER May Terminate for Cause . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 .03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. . . . . . . . . . . . . . . 44 ARTICLE 16 - DISPUTE RESOLUTION . .. . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 44 16 .01 Methods and Procedures. . . . . . . . . . . . . . . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . ARTICLE 17 - MISCELLANEOUS . . . . . . . .. . . . . . 17. 01 Giving Notice . . .. . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . .. . . . . . . . . . .. . .. . . . 17.02 Computation of Times . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . .. . . . . . . . . . . 44 17.03 Cumulative Remedies .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . .. . . . . . . . . . . 44 17 . 04 Survival of Obligations . . . . .. . . . . . . . . .. .. . ... .. . . . . .. .. . . . . . . . . . .. . . . .. . . . . . . .. . . . . . . . . .. . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 45 17.05 Controlling Law. . . . . . . . . . . . .. .. . . . . . .. . . . . . . . . . . . . . . .. . .. . . . . . .. . . . . . . . . . . . . ... . . . . . . . . . . . . . . ... . .. . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . 45 .00700 - General Conditions F:\EnginecringlCapital Projeds\0701 IRC PARKS COMPLEX\Contract 00700 - 4 doc Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions .doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim .and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and 1 . Addenda--Written or graphic instruments CONsupeTRACTOR concerning the Work. The Contract issued prior to the opening of Bids which clarify, agreements , whether writtedes prior onor oral. presentations, or correct, or change the Bidding Requirements or the Contract Documents. 12. Contract Documents--The Contract Documents stablish the rights and of the 2. Agreement--The written instrument which parties and incl de the Agreement, Addenda s(which is evidence of the agreement between OWNER and pertain to the Contract Documents), CONTRACTOR's CONTRACTOR covering the Work. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds, these CONTRACTOR during the course of the Work in General Conditions, the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents. with all Written Amendments , Change Orders, Work Change Directives, Field Orders , and ENGINEER's 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States subsurface and physical conditions are not Contract Occupational Safety and Health Administration. Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. 5 . Bid--The offer or proposal of a bidder Files in electronic media format of text, data, graphics, submitted on the prescribed form setting forth the and the like that may be furnished by OWNER to prices for the Work to be performed. CONTRACTOR are not Contract Documents. 6. Bidding Documents--The Bidding 13. Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids). Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7. Bidding Requirements--The paragraph 11 .03 in the case of Unit Price Work). Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14. Contract Times--The number of days or with any supplements. the dates stated in the Agreement to: 9 (i) achieve Subscomplete the ork so 8. Bonds--Performance and payment bonds that it isiaeready Compfor ' final payandment(ii ) as a idenced by and other instruments of security. ENGINEER's written recommendation of final pay- 9. Change Order--A document recommend- ment. ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR--The individual or entity and OWNER and authorizes an addition, deletion , or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the 16. Cost of the Work--See paragraph Effective Date of the Agreement. 11 .01 .A for definition . 00700 - 5 00700 - General Conditions .doc F:\Engineering\Capital Projects10701 IRC PARKS COMPLEJC\Contract Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions .doc GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 10 . Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both , or other 1 . 01 Defined Terms relief with respect to the terms of the Contract. A demand for money or services by a third party is not a A. Wherever used in the Contract Documents Claim .and printed with initial or all capital letters , the terms listed below will have the meanings indicated which 11 . Contract--The entire and integrated are applicable to both the singular and plural thereof. written agreement between the OWNER and 1 . Addenda--Written or graphic instruments CONsupeTRACTOR concerning the Work. The Contract issued prior to the opening of Bids which clarify, agreements , whether writtedes prior onor oral. presentations, or correct, or change the Bidding Requirements or the Contract Documents. 12. Contract Documents--The Contract Documents stablish the rights and of the 2. Agreement--The written instrument which parties and incl de the Agreement, Addenda s(which is evidence of the agreement between OWNER and pertain to the Contract Documents), CONTRACTOR's CONTRACTOR covering the Work. Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the 3 . Application for Payment--The form Notice of Award) when attached as an exhibit to the acceptable to ENGINEER which is to be used by Agreement, the Notice to Proceed , the Bonds, these CONTRACTOR during the course of the Work in General Conditions, the Supplementary Conditions , requesting progress or final payments and which is to the Specifications and the Drawings as the same are be accompanied by such supporting documentation more specifically identified in the Agreement, together as is required by the Contract Documents. with all Written Amendments , Change Orders, Work Change Directives, Field Orders , and ENGINEER's 4 . Asbestos--Any material that contains written interpretations and clarifications issued on or more than one percent asbestos and is friable or is after the Effective Date of the Agreement. Approved releasing asbestos fibers into the air above current Shop Drawings and the reports and drawings of action levels established by the United States subsurface and physical conditions are not Contract Occupational Safety and Health Administration. Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. 5 . Bid--The offer or proposal of a bidder Files in electronic media format of text, data, graphics, submitted on the prescribed form setting forth the and the like that may be furnished by OWNER to prices for the Work to be performed. CONTRACTOR are not Contract Documents. 6. Bidding Documents--The Bidding 13. Contract Price--The moneys payable by Requirements and the proposed Contract Documents OWNER to CONTRACTOR for completion of the (including all Addenda issued prior to receipt of Bids). Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of 7. Bidding Requirements--The paragraph 11 .03 in the case of Unit Price Work). Advertisement or Invitation to Bid , Instructions to Bidders , Bid security form , if any, and the Bid form 14. Contract Times--The number of days or with any supplements. the dates stated in the Agreement to: 9 (i) achieve Subscomplete the ork so 8. Bonds--Performance and payment bonds that it isiaeready Compfor ' final payandment(ii ) as a idenced by and other instruments of security. ENGINEER's written recommendation of final pay- 9. Change Order--A document recommend- ment. ed by ENGINEER which is signed by CONTRACTOR 15. CONTRACTOR--The individual or entity and OWNER and authorizes an addition, deletion , or with whom OWNER has entered into the Agreement. revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the 16. Cost of the Work--See paragraph Effective Date of the Agreement. 11 .01 .A for definition . 00700 - 5 00700 - General Conditions .doc F:\Engineering\Capital Projects10701 IRC PARKS COMPLEJC\Contract Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions .doc 17. Drawings--That part of the Contract 27. Milestone--A principal event specified in Documents prepared or approved by ENGINEER the Contract Documents relating to an intermediate which graphically shows the scope , extent, and completion date or time prior to Substantial Compte- character of the Work to be performed by tion of all the Work. CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so 28. Notice of Award--The written notice by defined. OWNER to the apparent successful bidder stating that uon 18. Effective Date of the Agreement--The successful bidderliance with the Icond tionbs prtecedenptparent listed date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the therein, OWNER will sign and deliver the Agreement. date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 29. Notice to Proceed written notice given by OWNER to CONTRACTOR fixing the date on the Contract Times willto run and 19. ENGINEER--The individual or entity on which which CONTRACTOR shallommence art to perform the named as such in the Agreement. Work under the Contract Documents. 20. ENGINEER's Consultant--An individual 30 . or entity having a contract with ENGINEER to furnish body, or authority with hwhom'vCONTRACTOR publicuhas services as ENGINEER's independent professional entered into the Agreement and for whom the Work is associate or consultant with respect to the Project and to be performed. who is identified as such in the Supplementary Conditions. 31 . Partial Utilization--Use by OWNER of a substantially completed part of the Work for the pur- 21 . Field Order--A written order issued by pose for which it is intended (or a related purpose) ENGINEER which requires minor changes in the prior to Substantial Completion of all the Work. Work but which does not involve a change in the Contract Price or the Contract Times. 32. PCBs--Polychlorinated biphenyls. 22. General Requirements-Sections of 33. Division 1 of the Specifications. The General or any fractontrthereof Pwhich uis iquiddatgstand acrd Requirements pertain to all sections of the Specifica- conditions of temperature and pressure (60 degrees tions. Fahrenheit and 14. 7ounds p per square inch absolute), such as oil, petroleum , fuel oil, oil sludge , 23 . Hazardous Environmental Condition--The oil refuse, gasoline, kerosene, and oil mixed with presence at the Site of Asbestos , PCBs, Petroleum , Hazardous Waste, or Radioactive Material in such other non-Hazardous Waste and crude oils. quantities or circumstances that may present a34. rot_ of which substantial danger to persons or property exposed the Work to be performed The total Gunder onscthe Contract thereto in connection with the Work. Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 35 . Project Manual--The bound documentary 1004 of the Solid Waste Disposal Act (42 USC information prepared for bidding and constructing the Section 6903) as amended from time to time. Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is 25. Laws and Regulations, Laws or Regulat- contained in the table(s) of contents. ions--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts 36. Radioactive Materal-Source , special having jurisdiction. nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et 26. Liens--Charges, security interests, or seq.) as amended from time to time. encumbrances upon Project funds , real property, or personal property. 37. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - 6 00700 - Genera( Condamns .doe F.lEngineering\Capital Projects\0701 IRC PARKS COMPLUsConUact Documents EngVRC Parks Maintenance Complex\00700 - General Condillons doc 17. Drawings--That part of the Contract 27. Milestone--A principal event specified in Documents prepared or approved by ENGINEER the Contract Documents relating to an intermediate which graphically shows the scope , extent, and completion date or time prior to Substantial Compte- character of the Work to be performed by tion of all the Work. CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so 28. Notice of Award--The written notice by defined. OWNER to the apparent successful bidder stating that uon 18. Effective Date of the Agreement--The successful bidderliance with the Icond tionbs prtecedenptparent listed date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the therein, OWNER will sign and deliver the Agreement. date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 29. Notice to Proceed written notice given by OWNER to CONTRACTOR fixing the date on the Contract Times willto run and 19. ENGINEER--The individual or entity on which which CONTRACTOR shallommence art to perform the named as such in the Agreement. Work under the Contract Documents. 20. ENGINEER's Consultant--An individual 30 . or entity having a contract with ENGINEER to furnish body, or authority with hwhom'vCONTRACTOR publicuhas services as ENGINEER's independent professional entered into the Agreement and for whom the Work is associate or consultant with respect to the Project and to be performed. who is identified as such in the Supplementary Conditions. 31 . Partial Utilization--Use by OWNER of a substantially completed part of the Work for the pur- 21 . Field Order--A written order issued by pose for which it is intended (or a related purpose) ENGINEER which requires minor changes in the prior to Substantial Completion of all the Work. Work but which does not involve a change in the Contract Price or the Contract Times. 32. PCBs--Polychlorinated biphenyls. 22. General Requirements-Sections of 33. Division 1 of the Specifications. The General or any fractontrthereof Pwhich uis iquiddatgstand acrd Requirements pertain to all sections of the Specifica- conditions of temperature and pressure (60 degrees tions. Fahrenheit and 14. 7ounds p per square inch absolute), such as oil, petroleum , fuel oil, oil sludge , 23 . Hazardous Environmental Condition--The oil refuse, gasoline, kerosene, and oil mixed with presence at the Site of Asbestos , PCBs, Petroleum , Hazardous Waste, or Radioactive Material in such other non-Hazardous Waste and crude oils. quantities or circumstances that may present a34. rot_ of which substantial danger to persons or property exposed the Work to be performed The total Gunder onscthe Contract thereto in connection with the Work. Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 35 . Project Manual--The bound documentary 1004 of the Solid Waste Disposal Act (42 USC information prepared for bidding and constructing the Section 6903) as amended from time to time. Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is 25. Laws and Regulations, Laws or Regulat- contained in the table(s) of contents. ions--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govern- mental bodies, agencies, authorities, and courts 36. Radioactive Materal-Source , special having jurisdiction. nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et 26. Liens--Charges, security interests, or seq.) as amended from time to time. encumbrances upon Project funds , real property, or personal property. 37. Resident Project Representative--The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 00700 - 6 00700 - Genera( Condamns .doe F.lEngineering\Capital Projects\0701 IRC PARKS COMPLUsConUact Documents EngVRC Parks Maintenance Complex\00700 - General Condillons doc 38. Samples--Physical examples of gases, steam, liquid petroleum products, telephone or materials , equipment, or workmanship that are other communications, cable television , water, representative of some portion of the Work and which wastewater, storm water, other liquids or chemicals, establish the standards by which such portion of the or traffic or other control systems . Work will be judged. 47. Unit rice 39. Shop Drawings--All drawings, diagrams, the basis of unit prices. Work--Work to be paid for on illustrations , schedules, and other data or information which are specifically prepared or assembled by or for 48. Work--The entire completed construction CONTRACTOR and submitted by CONTRACTOR to or the various separately identifiable parts thereof re- illustrate some portion of the Work. quired to be provided under the Contract Documents. performing 40. Site--Lands or areas indicated in the proovidingclalllle labor, Iservices,thes and f documentati nr Contract Documents as being furnished by OWNER necessary to produce such construction , and upon which the Work is to be performed , including furnishing , installing, and incorporating all materials rights-of-way and easements for access thereto, and such such other lands furnished by OWNER which are bydthe Contract Doent ocumentsonstruction , all as required designated for the use of CONTRACTOR. 49 . Work Change Directive--A written 41 . Specifications--That part of the Contract statement to CONTRACTOR issued on or after the Documents consisting of written technical descriptions Effective Date of the Agreement and signed by of materials, equipment, systems, standards, and OWNER and recommended by ENGINEER ordering workmanship as applied to the Work and certain an addition , deletion, or revision in the Work, or administrative details applicable thereto. responding to differing or unforeseen subsurface or physical conditions under which the Work is to be 42. Subcontractor--An individual or emit ork Chnge having a direct contract with CONTRACTOR or with Directive will not onot change the Contract emergencies. A yPrce or the any other Subcontractor for the performance of a part Contract Times but is evidence that the parties expect of the Work at the Site. that the change ordered or documented by a Work part Change Directive will be incorporated in a subse- 43. Substantial Completion--The time at quently issued Change Order following negotiations which the Work (or a specified ppart thereof) has by the parties as to its effect, if any, on the Contract progressed to the point where, in the opinion of Price or Contract Times. ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract ment--A written Documents, so that the Work (or a specified part modifying 0 the rrffCont acten d Documents, sigtnedment by thereof) can be utilized for the purposes for which it is OWNER and CONTRACTOR on or after the Effective intended. The terms "substantially complete" and Date of the Agreement and normally dealing with the "substantially completed" as applied to all or part of nonengineering or nontechnical rather than strictly the Work refer to Substantial Completion thereof. construction-related aspects of the Contract Docu- 44. Supplementary Conditions—That part of ments. the Contract Documents which amends or 1 . 02 Terminology supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, A. Intent of Certain Terms or Adjectives supplier, distributor, materialman , or vendor having a 1 . Whenever in the Contract Documents the direct contract with CONTRACTOR or with any terms "as allowed, " "as approved," or terms of like Subcontractor to furnish materials or equipment to be effect or import are used, or the adjectives incorporated in the Work by CONTRACTOR or any "reasonable,' "suitable, " "acceptable, 1 IF proper," Subcontractor. reasonable, p "satisfactory, or adjectives of like effect or import are used to describe an action or determination of 46. Underground Facilities--All underground ENGINEER as to the Work, it is intended that such pipelines, conduits, ducts, cables, wires, manholes, action or determination will be solely to evaluate, in vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containingsuch general, the completed Work for compliance with the requirements of and information in the facilities, including those that convey electricity, Contract Documents and conformance with the 00 - 7 00700 - General Conditions .doc RIEngineering%Capital Projecfs'0707 IRC PARKS COMPLEMIConttact Documents EngVRoParks Maintenance Com Iex=700 P General Conditions .doc 38. Samples--Physical examples of gases, steam, liquid petroleum products, telephone or materials , equipment, or workmanship that are other communications, cable television , water, representative of some portion of the Work and which wastewater, storm water, other liquids or chemicals, establish the standards by which such portion of the or traffic or other control systems . Work will be judged. 47. Unit rice 39. Shop Drawings--All drawings, diagrams, the basis of unit prices. Work--Work to be paid for on illustrations , schedules, and other data or information which are specifically prepared or assembled by or for 48. Work--The entire completed construction CONTRACTOR and submitted by CONTRACTOR to or the various separately identifiable parts thereof re- illustrate some portion of the Work. quired to be provided under the Contract Documents. performing 40. Site--Lands or areas indicated in the proovidingclalllle labor, Iservices,thes and f documentati nr Contract Documents as being furnished by OWNER necessary to produce such construction , and upon which the Work is to be performed , including furnishing , installing, and incorporating all materials rights-of-way and easements for access thereto, and such such other lands furnished by OWNER which are bydthe Contract Doent ocumentsonstruction , all as required designated for the use of CONTRACTOR. 49 . Work Change Directive--A written 41 . Specifications--That part of the Contract statement to CONTRACTOR issued on or after the Documents consisting of written technical descriptions Effective Date of the Agreement and signed by of materials, equipment, systems, standards, and OWNER and recommended by ENGINEER ordering workmanship as applied to the Work and certain an addition , deletion, or revision in the Work, or administrative details applicable thereto. responding to differing or unforeseen subsurface or physical conditions under which the Work is to be 42. Subcontractor--An individual or emit ork Chnge having a direct contract with CONTRACTOR or with Directive will not onot change the Contract emergencies. A yPrce or the any other Subcontractor for the performance of a part Contract Times but is evidence that the parties expect of the Work at the Site. that the change ordered or documented by a Work part Change Directive will be incorporated in a subse- 43. Substantial Completion--The time at quently issued Change Order following negotiations which the Work (or a specified ppart thereof) has by the parties as to its effect, if any, on the Contract progressed to the point where, in the opinion of Price or Contract Times. ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract ment--A written Documents, so that the Work (or a specified part modifying 0 the rrffCont acten d Documents, sigtnedment by thereof) can be utilized for the purposes for which it is OWNER and CONTRACTOR on or after the Effective intended. The terms "substantially complete" and Date of the Agreement and normally dealing with the "substantially completed" as applied to all or part of nonengineering or nontechnical rather than strictly the Work refer to Substantial Completion thereof. construction-related aspects of the Contract Docu- 44. Supplementary Conditions—That part of ments. the Contract Documents which amends or 1 . 02 Terminology supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, A. Intent of Certain Terms or Adjectives supplier, distributor, materialman , or vendor having a 1 . Whenever in the Contract Documents the direct contract with CONTRACTOR or with any terms "as allowed, " "as approved," or terms of like Subcontractor to furnish materials or equipment to be effect or import are used, or the adjectives incorporated in the Work by CONTRACTOR or any "reasonable,' "suitable, " "acceptable, 1 IF proper," Subcontractor. reasonable, p "satisfactory, or adjectives of like effect or import are used to describe an action or determination of 46. Underground Facilities--All underground ENGINEER as to the Work, it is intended that such pipelines, conduits, ducts, cables, wires, manholes, action or determination will be solely to evaluate, in vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containingsuch general, the completed Work for compliance with the requirements of and information in the facilities, including those that convey electricity, Contract Documents and conformance with the 00 - 7 00700 - General Conditions .doc RIEngineering%Capital Projecfs'0707 IRC PARKS COMPLEMIConttact Documents EngVRoParks Maintenance Com Iex=700 P General Conditions .doc design concept of the completed Project as a 4. When "furnish " "install " "perform ," functioning whole as shown or indicated in the " , , or provide" is not used in connection with services , Contract Documents (unless there is a specific materials, or equipment in a context clearly statement indicating otherwise). The use of any requiring an obligation of CONTRACTOR such term or adjective shall not be effective to "provide' is implied. , assign to ENGINEER any duty or authority to supervise or direct the performance of the Work E. Unless stated otherwise in the Contract or any duty or authority to undertake responsibility Documents, words or phrases which have a well- contrary to the provisions of paragraph 9. 10 or any known technical or construction industry or trade other provision of the Contract Documents , meaning are used in the Contract Documents in B. Day accordance with such recognized meaning. 1 . The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. C. Defective 2 .01 Delivery of Bonds 1 . The word "defective," when A. When CONTRACTOR delivers the executed modifying the word "Work ," refers to Work that Agreements to OWNER, CONTRACTOR shall also is unsatisfactory, faulty, or deficient in that it deliver to OWNER such Bonds as CONTRACTOR does not conform to the Contract Documents may be required to furnish. or does not meet the requirements of any inspection , reference standard , test, or 2.02 Copies of Documents approval referred to in the Contract Docu- ments , or has been damaged prior to A. OWNER shall furnish to CONTRACTOR up ENGINEER's recommendation of final to ten copies of the Contract Documents. Additional payment (unless responsibility for the copies will be furnished upon request at the cost of protection thereof has been assumed by reproduction. OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14. 05). 2 .03 Commencement of Contract Times; Notice D. Furnish, Install, Perform, Provide to Proceed A. The Contract Times will commence to run on 1 . The word "furnish ," when used in the thirtieth day after the Effective Date of the Agree- connection with services, materials, or ment or, if a Notice to Proceed is given , on the day equipment, shall mean to supply and deliver indicated in the Notice to Proceed . A Notice to Pro- said services, materials, or equipment to the ceed may be given at any time within 30 days after Site (or some other specified location) ready for the Effective Date of the Agreement. In no event will use or installation and in usable or operable the Contract Times commence to run later than the condition. sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, 2. The word "install," when used in whichever date is earlier. connection with services, materials, or equipment, shall mean to put into use or place 2 .04 Starting the Work in final position said services, materials, or equipment complete and ready for intended A. CONTRACTOR shall start to perform the use. Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior 3. The words "perform" or "provide," to the date on which the Contract Times commence to when used in connection with services, run . materials, or equipment, shall mean to furnish and install said services, materials, or 2.05 Before Starting Construction equipment complete and ready for intended use. A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, 00700 - General Condilions .tloc F:1EngineeringlCapltal Projeclsl0701 IRC PARKS COMPLEXIContrad Documents Eng\IR OP00 - 8 arks Maintenance Com IexWO]00 - P General Conditions .tloc design concept of the completed Project as a 4. When "furnish " "install " "perform ," functioning whole as shown or indicated in the " , , or provide" is not used in connection with services , Contract Documents (unless there is a specific materials, or equipment in a context clearly statement indicating otherwise). The use of any requiring an obligation of CONTRACTOR such term or adjective shall not be effective to "provide' is implied. , assign to ENGINEER any duty or authority to supervise or direct the performance of the Work E. Unless stated otherwise in the Contract or any duty or authority to undertake responsibility Documents, words or phrases which have a well- contrary to the provisions of paragraph 9. 10 or any known technical or construction industry or trade other provision of the Contract Documents , meaning are used in the Contract Documents in B. Day accordance with such recognized meaning. 1 . The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. C. Defective 2 .01 Delivery of Bonds 1 . The word "defective," when A. When CONTRACTOR delivers the executed modifying the word "Work ," refers to Work that Agreements to OWNER, CONTRACTOR shall also is unsatisfactory, faulty, or deficient in that it deliver to OWNER such Bonds as CONTRACTOR does not conform to the Contract Documents may be required to furnish. or does not meet the requirements of any inspection , reference standard , test, or 2.02 Copies of Documents approval referred to in the Contract Docu- ments , or has been damaged prior to A. OWNER shall furnish to CONTRACTOR up ENGINEER's recommendation of final to ten copies of the Contract Documents. Additional payment (unless responsibility for the copies will be furnished upon request at the cost of protection thereof has been assumed by reproduction. OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14. 05). 2 .03 Commencement of Contract Times; Notice D. Furnish, Install, Perform, Provide to Proceed A. The Contract Times will commence to run on 1 . The word "furnish ," when used in the thirtieth day after the Effective Date of the Agree- connection with services, materials, or ment or, if a Notice to Proceed is given , on the day equipment, shall mean to supply and deliver indicated in the Notice to Proceed . A Notice to Pro- said services, materials, or equipment to the ceed may be given at any time within 30 days after Site (or some other specified location) ready for the Effective Date of the Agreement. In no event will use or installation and in usable or operable the Contract Times commence to run later than the condition. sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, 2. The word "install," when used in whichever date is earlier. connection with services, materials, or equipment, shall mean to put into use or place 2 .04 Starting the Work in final position said services, materials, or equipment complete and ready for intended A. CONTRACTOR shall start to perform the use. Work on the date when the Contract Times com- mence to run. No Work shall be done at the Site prior 3. The words "perform" or "provide," to the date on which the Contract Times commence to when used in connection with services, run . materials, or equipment, shall mean to furnish and install said services, materials, or 2.05 Before Starting Construction equipment complete and ready for intended use. A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, 00700 - General Condilions .tloc F:1EngineeringlCapltal Projeclsl0701 IRC PARKS COMPLEXIContrad Documents Eng\IR OP00 - 8 arks Maintenance Com IexWO]00 - P General Conditions .tloc CONTRACTOR shall carefully study and compare the and others as appropriate will be held to establish a Contract Documents and check and verify pertinent working understanding among the parties as to the figures therein and all applicable field measurements. Work and to discuss the schedules referred to in CONTRACTOR shall promptly report in writing to paragraph 2.05. 13, procedures for handling Shop ENGINEER any conflict, error, ambiguity, or Drawings and other submittals, processing Applica- discrepancy which CONTRACTOR may discover and tions for shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work 2 . 07 Initial Acceptance of Schedules affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to A. Unless otherwise provided report any conflict, error, ambiguity, or discrepancy in Doc me ts, t e least ndaysbe orensubmission the raof the Contract Documents unless CONTRACTOR the first Application for Payment a conference knew or reasonably should have known thereof. attended by CONTRACTOR, ENGINEER, and others as appropriate held to B. Preliminary Schedules: Within ten days after to ENGINEERwill asbprovided rbelow eview fthe or scheduulles the Effective Date of the Agreement (unless otherwise submitted in accordance with paragraph 2.05. B. specified in the General Requirements), CONTRAC- CONTRACTOR shall have an additional ten days to TOR shall submit to ENGINEER for its timely review: make corrections and adjustments and to complete and resubmit the schedules . No progress payment 1 . a preliminary progress schedule shall be made to CONTRACTOR until acceptable indicating the times (numbers of days or dates) schedules are submitted to ENGINEER. for starting and completing the various stages of the Work, including any Milestones specified 1 . The progress schedule will be in the Contract Documents ; acceptable to ENGINEER if it provides an orderly progression of the Work to completion 2. a preliminary schedule of Shop within any specified Milestones and the Drawing and Sample submittals which will list each required submittal and the times for sub- Contract Times. Such acceptance will not impose on ENGINEER responsibility for the mitting , reviewing , and processing such submittal; and progress schedule, for sequencing, scheduling , or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's 3 . a preliminary schedule of values for full responsibility therefor. all of the Work which includes quantities and prices of items which when added together 2. CONTRACTOR's schedule of Shop equal the Contract Price and subdivides the Work into component parts in sufficient detail to Drawing and Sample submittals will be acceptable to ENGINEER if it provides a serve as the basis for progress payments workable arrangement for reviewing and during performance of the Work. Such prices processing the required submittals . will include an appropriate amount of overhead and profit applicable to each item of Work. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form the Site is started, CONTRACTOR and OWNE all and substance if it provides a reasonable each deliver to the other, with copi o each allocation of the Contract Price to component additional insured identified in t upplementary ARTICLE 3 - CONarts of the TRACT DOCUMENTS: INTENT, Conditions, certificates of surance (and other AMENDING , REUSE evidence of insuranc ich either of them or any additional insur may reasonably request) which CONTRA R and OWNER respectively are 3 .01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if 2.06 Preconstruction Conference called for by all. B. It is the intent of the Contract Documents to to run , but before any Work at t7Sitearted, a describe a functionally complete Project (or part there- conference attended by CONTRAGINEER, of) to be constructed in accordance with the Contract 00700 - 9 00700 - General Conditions .doc F:IEngineedn9lCapifal Pr ' 0701 IRC PARKS COMPLEXIContract Documents EVIRC Parks Maintenance Complex100700 - General Conditions .doc CONTRACTOR shall carefully study and compare the and others as appropriate will be held to establish a Contract Documents and check and verify pertinent working understanding among the parties as to the figures therein and all applicable field measurements. Work and to discuss the schedules referred to in CONTRACTOR shall promptly report in writing to paragraph 2.05. 13, procedures for handling Shop ENGINEER any conflict, error, ambiguity, or Drawings and other submittals, processing Applica- discrepancy which CONTRACTOR may discover and tions for shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work 2 . 07 Initial Acceptance of Schedules affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to A. Unless otherwise provided report any conflict, error, ambiguity, or discrepancy in Doc me ts, t e least ndaysbe orensubmission the raof the Contract Documents unless CONTRACTOR the first Application for Payment a conference knew or reasonably should have known thereof. attended by CONTRACTOR, ENGINEER, and others as appropriate held to B. Preliminary Schedules: Within ten days after to ENGINEERwill asbprovided rbelow eview fthe or scheduulles the Effective Date of the Agreement (unless otherwise submitted in accordance with paragraph 2.05. B. specified in the General Requirements), CONTRAC- CONTRACTOR shall have an additional ten days to TOR shall submit to ENGINEER for its timely review: make corrections and adjustments and to complete and resubmit the schedules . No progress payment 1 . a preliminary progress schedule shall be made to CONTRACTOR until acceptable indicating the times (numbers of days or dates) schedules are submitted to ENGINEER. for starting and completing the various stages of the Work, including any Milestones specified 1 . The progress schedule will be in the Contract Documents ; acceptable to ENGINEER if it provides an orderly progression of the Work to completion 2. a preliminary schedule of Shop within any specified Milestones and the Drawing and Sample submittals which will list each required submittal and the times for sub- Contract Times. Such acceptance will not impose on ENGINEER responsibility for the mitting , reviewing , and processing such submittal; and progress schedule, for sequencing, scheduling , or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's 3 . a preliminary schedule of values for full responsibility therefor. all of the Work which includes quantities and prices of items which when added together 2. CONTRACTOR's schedule of Shop equal the Contract Price and subdivides the Work into component parts in sufficient detail to Drawing and Sample submittals will be acceptable to ENGINEER if it provides a serve as the basis for progress payments workable arrangement for reviewing and during performance of the Work. Such prices processing the required submittals . will include an appropriate amount of overhead and profit applicable to each item of Work. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form the Site is started, CONTRACTOR and OWNE all and substance if it provides a reasonable each deliver to the other, with copi o each allocation of the Contract Price to component additional insured identified in t upplementary ARTICLE 3 - CONarts of the TRACT DOCUMENTS: INTENT, Conditions, certificates of surance (and other AMENDING , REUSE evidence of insuranc ich either of them or any additional insur may reasonably request) which CONTRA R and OWNER respectively are 3 .01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if 2.06 Preconstruction Conference called for by all. B. It is the intent of the Contract Documents to to run , but before any Work at t7Sitearted, a describe a functionally complete Project (or part there- conference attended by CONTRAGINEER, of) to be constructed in accordance with the Contract 00700 - 9 00700 - General Conditions .doc F:IEngineedn9lCapifal Pr ' 0701 IRC PARKS COMPLEXIContract Documents EVIRC Parks Maintenance Complex100700 - General Conditions .doc Documents. Any labor, documentation, services, CONTRACTOR shall report it to ENGINEER in materials, or equipment that may reasonably be writing at once. CONTRACTOR shall not inferred from the Contract Documents or from prevailing custom or trade usage as being re to Proceed with the Work affected thereby (except g 9 uired q in an emergency as required by paragraph produce the intended result will be provided whether he C or not specifically called for at no additional cost to t ) until an amendment or supplement to OWNER. the Contract Documents has been issued by one of the methods indicated in paragraph C. Clarifications and interpretations of the 3. 04; provided, however, that CONTRACTOR Contract Documents shall be issued b ENGINEER shall not be liable t OWNER or ENGINEER Y for failure to report any such conflict, error, as provided in Article 9. ambiguity, or discrepancy unless CON- 3 .02 Reference Standards TRACTOR knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and B. Resolving Discrepancies Regulations 1 . Reference to standards, s ecifica- 1 Except as may be otherwise P specifically stated in the Contract Documents, tions, manuals, or codes of any technical the provisions of the Contract Documents shall society, organization, or association, or to Laws take precedence in resolving any conflict, error, or Regulations, whether such reference be ambiguity, or discrepancy between the specific or by implication , shall mean the stan- provisions of the Contract Documents and: dard, specification, manual , code, or Laws or Regulations in effect at the time of opening of a. the provisions of any standard, Bids (or on the Effective Date of the Agreement specification , manual , code, or instruction if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract Documents. reference in the Contract Documents); or 2. No provision of any such standard , b. the provisions of any Laws or specification, manual or code, to aRegulations applicable to the performance Y of the Work (unless such an interpretation instruction of a Supplier shall be effective to of the provisions of the Contract Documents change the duties or responsibilities of `Would result in violation of such Law or OWNER, CONTRACTOR, or ENGINEER , or any of their subcontractors , consultants, Regulation). agents, or employees from those set forth in 3.04 Amending and Supplementing Contract the Contract Documents , nor shall any such Documents provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A. The Contract Documents may be amended to Consultants, agents, or employees any duty or provide for additions, deletions, and revisions in the authority to supervise or direct the performance Work or to modify the terms and conditions thereof in of the Work or any duty or authority to one or more of the following ways: (i) a Written undertake responsibility inconsistent with the Amendment; (ii) a Change Order; or (iii) a Work provisions of the Contract Documents. Change Directive. ( ) 3 . 03 Reporting and Resolving Discrepancies B. The requirements of the Contract Documents may be supplemented, and minor variations and A. Reporting Discrepancies deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) 1 . If, during the performance of the ENGINEER's approval of a Shop Drawing or Sample; Work, CONTRACTOR discovers any conflict, or w ENGINEER 9s written interpretation or clarifi- error, ambiguity, or discrepancy within the Con- cation . tract Documents or between the Contract Documents and any provision of any Law or 3 . 05 Reuse of Documents Regulation applicable to the performance of the Work or of any standard , specification , manual A. CONTRACTOR and any Subcontractor or or code, or of any instruction of any Supplier, Supplier or other individual or entity performing or 00700 - 10 00700 - General Conmtions .doc F\Engineering\Capital ProjeclskQ701 IRC PARKS COMPLEXiConlract Documents EngNIRO Parks Maintenance Complex\00700 - General Condilions .doc Documents. Any labor, documentation, services, CONTRACTOR shall report it to ENGINEER in materials, or equipment that may reasonably be writing at once. CONTRACTOR shall not inferred from the Contract Documents or from prevailing custom or trade usage as being re to Proceed with the Work affected thereby (except g 9 uired q in an emergency as required by paragraph produce the intended result will be provided whether he C or not specifically called for at no additional cost to t ) until an amendment or supplement to OWNER. the Contract Documents has been issued by one of the methods indicated in paragraph C. Clarifications and interpretations of the 3. 04; provided, however, that CONTRACTOR Contract Documents shall be issued b ENGINEER shall not be liable t OWNER or ENGINEER Y for failure to report any such conflict, error, as provided in Article 9. ambiguity, or discrepancy unless CON- 3 .02 Reference Standards TRACTOR knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and B. Resolving Discrepancies Regulations 1 . Reference to standards, s ecifica- 1 Except as may be otherwise P specifically stated in the Contract Documents, tions, manuals, or codes of any technical the provisions of the Contract Documents shall society, organization, or association, or to Laws take precedence in resolving any conflict, error, or Regulations, whether such reference be ambiguity, or discrepancy between the specific or by implication , shall mean the stan- provisions of the Contract Documents and: dard, specification, manual , code, or Laws or Regulations in effect at the time of opening of a. the provisions of any standard, Bids (or on the Effective Date of the Agreement specification , manual , code, or instruction if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract Documents. reference in the Contract Documents); or 2. No provision of any such standard , b. the provisions of any Laws or specification, manual or code, to aRegulations applicable to the performance Y of the Work (unless such an interpretation instruction of a Supplier shall be effective to of the provisions of the Contract Documents change the duties or responsibilities of `Would result in violation of such Law or OWNER, CONTRACTOR, or ENGINEER , or any of their subcontractors , consultants, Regulation). agents, or employees from those set forth in 3.04 Amending and Supplementing Contract the Contract Documents , nor shall any such Documents provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's A. The Contract Documents may be amended to Consultants, agents, or employees any duty or provide for additions, deletions, and revisions in the authority to supervise or direct the performance Work or to modify the terms and conditions thereof in of the Work or any duty or authority to one or more of the following ways: (i) a Written undertake responsibility inconsistent with the Amendment; (ii) a Change Order; or (iii) a Work provisions of the Contract Documents. Change Directive. ( ) 3 . 03 Reporting and Resolving Discrepancies B. The requirements of the Contract Documents may be supplemented, and minor variations and A. Reporting Discrepancies deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) 1 . If, during the performance of the ENGINEER's approval of a Shop Drawing or Sample; Work, CONTRACTOR discovers any conflict, or w ENGINEER 9s written interpretation or clarifi- error, ambiguity, or discrepancy within the Con- cation . tract Documents or between the Contract Documents and any provision of any Law or 3 . 05 Reuse of Documents Regulation applicable to the performance of the Work or of any standard , specification , manual A. CONTRACTOR and any Subcontractor or or code, or of any instruction of any Supplier, Supplier or other individual or entity performing or 00700 - 10 00700 - General Conmtions .doc F\Engineering\Capital ProjeclskQ701 IRC PARKS COMPLEXiConlract Documents EngNIRO Parks Maintenance Complex\00700 - General Condilions .doc furnishing any of the Work under a direct or indirect A. contract with OWNER: (i) shall not have or acquire Reports and Drawings: The Supplementary any title to or ownership rights in any of the Drawings, Conditions identify: Specifications, or other documents (or copies of any 1 . those reports of explorations and thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, includingtests of Sitesubthat conditions at or contiguous electronic media editions; and (ii) shall not reuse anpr the Site that ENGINEER has used in of such Drawings, Specifications, other documents , or preparing the Contract Documents; and copies thereof on extensions of the Project or any 2. those drawings of physical other project without written consent of OWNER and ENGINEER and specific written verification or conditions in subsurface structures relating to existing surf to or adaption by ENGINEER. This prohibition will survive ctures at or contiguous to the Site (except Underground Facilities) that ENGI- final Payment, completion, and acceptance of the Work, or termination or completion of the Contract. NEER has used in preparing the Contract Documents. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. B. Limited Reliance by CONTRACTOR on Technical Data Authorized" CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such ARTICLE 4 - AVAILABILITY OF LANDS ; reports and drawings are not Contract Documents . SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Such "technical data" is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data , " CONTRACTOR may not rely upon or 4 .01 Availability of Lands make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or 1 • the completeness of such reports drawings for CONTRACTOR'S purposes , restrictions not of general application but specifically and related to use of the Site with which CONTRACTOR including , but not limited to, any aspects of the must comply in performing the Work. OWNER will means, methods, techniques, sequences, and obtain in a timely manner and pay for easements for procedures of construction y be employed by CONTRACTOR, and safety permanent structures or permanent changes in precautions and Programs incident thereto; or existing facilities . If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price 2. other data , interpretations , opinions, or Contract Times, or both, as a result of an dela In and information contained such reports or OWNER's furnishing the Site, CONTRACTOR may shown or indicated in such drawings; or make a Claim therefor as provided in paragraph 3 10. 05. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" B . Upon reasonable written request, OWNER or any such other data, interpretations, opinions, or information. shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands 4.03 Differing Subsurface or Physical Conditions upon which the Work is to be performed and OWNER's interest therein as necessary for giving A. Notice: If CONTRACTOR believes that any notice of or filing a mechanic's or construction lien subsurface or physical condition o contiguous to against such lands in accordance with applicable the Site that is uncovered or revealed either: Laws and Regulations. C. CONTRACTOR shall provide for all additional 1 is of such a nature as to establish lands and access thereto that may be required for that any "technical data" pon r which CONTRAC- TOR is temporary construction facilities or storage of entitled to rely ur provided in paragraph g materials and equipment. 4.02 is materially inaccurate; or 2• is of such a nature as to require a 4.02 Subsurface and Physical Conditions change in the Contract Documents; or 00700 - 11 00700 - General Conditions .doc F]Engineedng\Capital Pmjects10701 IRC PARKS COMPLE=ontract Documents EngVRC Parks Maintenance ComPlex\00700 - General Conditions doo furnishing any of the Work under a direct or indirect A. contract with OWNER: (i) shall not have or acquire Reports and Drawings: The Supplementary any title to or ownership rights in any of the Drawings, Conditions identify: Specifications, or other documents (or copies of any 1 . those reports of explorations and thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, includingtests of Sitesubthat conditions at or contiguous electronic media editions; and (ii) shall not reuse anpr the Site that ENGINEER has used in of such Drawings, Specifications, other documents , or preparing the Contract Documents; and copies thereof on extensions of the Project or any 2. those drawings of physical other project without written consent of OWNER and ENGINEER and specific written verification or conditions in subsurface structures relating to existing surf to or adaption by ENGINEER. This prohibition will survive ctures at or contiguous to the Site (except Underground Facilities) that ENGI- final Payment, completion, and acceptance of the Work, or termination or completion of the Contract. NEER has used in preparing the Contract Documents. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. B. Limited Reliance by CONTRACTOR on Technical Data Authorized" CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such ARTICLE 4 - AVAILABILITY OF LANDS ; reports and drawings are not Contract Documents . SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Such "technical data" is identified in the Supplementa- ry Conditions. Except for such reliance on such "technical data , " CONTRACTOR may not rely upon or 4 .01 Availability of Lands make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or 1 • the completeness of such reports drawings for CONTRACTOR'S purposes , restrictions not of general application but specifically and related to use of the Site with which CONTRACTOR including , but not limited to, any aspects of the must comply in performing the Work. OWNER will means, methods, techniques, sequences, and obtain in a timely manner and pay for easements for procedures of construction y be employed by CONTRACTOR, and safety permanent structures or permanent changes in precautions and Programs incident thereto; or existing facilities . If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price 2. other data , interpretations , opinions, or Contract Times, or both, as a result of an dela In and information contained such reports or OWNER's furnishing the Site, CONTRACTOR may shown or indicated in such drawings; or make a Claim therefor as provided in paragraph 3 10. 05. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" B . Upon reasonable written request, OWNER or any such other data, interpretations, opinions, or information. shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands 4.03 Differing Subsurface or Physical Conditions upon which the Work is to be performed and OWNER's interest therein as necessary for giving A. Notice: If CONTRACTOR believes that any notice of or filing a mechanic's or construction lien subsurface or physical condition o contiguous to against such lands in accordance with applicable the Site that is uncovered or revealed either: Laws and Regulations. C. CONTRACTOR shall provide for all additional 1 is of such a nature as to establish lands and access thereto that may be required for that any "technical data" pon r which CONTRAC- TOR is temporary construction facilities or storage of entitled to rely ur provided in paragraph g materials and equipment. 4.02 is materially inaccurate; or 2• is of such a nature as to require a 4.02 Subsurface and Physical Conditions change in the Contract Documents; or 00700 - 11 00700 - General Conditions .doc F]Engineedng\Capital Pmjects10701 IRC PARKS COMPLE=ontract Documents EngVRC Parks Maintenance ComPlex\00700 - General Conditions doo 3. differs materially from that shown or or becoming bound under a negotiated indicated in the Contract Documents; or contract; or 4. is of an unusual nature , and differs b. the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inherent in work of the character provided for in revealed as a result of any examination , investigation, exploration , test, or study of the Contract Documents; the Site and contiguous areas required by then CONTRACTOR shall, promptly after becomin the Bidding Requirements or Contract 9 Documents to be conducted by or for CON- aware thereof and before further disturbing the TRACTOR prior to CONTRACTOR's subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency as required by paragraph 6. 16.A), notify C. CONTRACTOR failed to give the OWNER and ENGINEER in writing about such condition . CONTRACTOR shall not further disturb written notice within the time and as re- such condition or perform any Work in connection quired by paragraph 4.03.A. therewith (except as aforesaid) until receipt of written order to do so. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the B . ENGINEER 's Review: After recei t of written amount or extent, if any, of any adjustment in p the Contract Price or Contract Times, or both , a notice as required by paragraph 4.03.A, ENGINEER Claim may be made therefor as provided in will promptly review the pertinent condition, determine the necessity of OWNER's obtainingadditional paragraph 1 and However,, OWNER, ENGINEER, and ENGINEER'S Consultants exploration or tests with respect thereto, and advise of shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR ENGINEER's findings and conclusions. ) claims, costs, lossesor 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 arbitration or other dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any Times, or both, will be equitably adjusted to the other project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an in- 4 .04 Underground Facilities crease or decrease in CONTRACTOR's cost of, or time required for, performance of the A. Shown or Indicated: The information and data Work; subject, however, to the following: shown or indicated in the Contract Documents with respect to existing Underground Facilities at or a. such condition must meet any one or contiguous to the Site is based on information and more of the categories described in para- data furnished to OWNER or ENGINEER by the graph 4.03.A; and owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise b. with respect to Work that is paid for expressly provided in the Supplementary Conditions: on a Unit Price Basis, any adjustment in Contract Price will be subject to the 1 . OWNER and ENGINEER shall not provisions of paragraphs 9.08 and 11 .03. be responsible for the accuracy or com- 2. CONTRACTOR shall not be entitled pleteness of any such information or data; and to any adjustment in the Contract Price or Contract Times if: 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- a. CONTRACTOR knew of the TOR shall have full responsibility for: existence of such conditions at the time CONTRACTOR made a final commitment a. reviewing and checking all such to OWNER in respect of Contract Price and information and data , Contract Times by the submission of a Bid 00700 - 12 00700 - General Conditions .doe F.lEngineeringlCapital Projects\W01 IRC PARKS COMPLEX1Conlract Oocpmenls Eng11RC Parks Maintenance Complex\Oo700 - General Conditions .doe 3. differs materially from that shown or or becoming bound under a negotiated indicated in the Contract Documents; or contract; or 4. is of an unusual nature , and differs b. the existence of such condition could materially from conditions ordinarily reasonably have been discovered or encountered and generally recognized as inherent in work of the character provided for in revealed as a result of any examination , investigation, exploration , test, or study of the Contract Documents; the Site and contiguous areas required by then CONTRACTOR shall, promptly after becomin the Bidding Requirements or Contract 9 Documents to be conducted by or for CON- aware thereof and before further disturbing the TRACTOR prior to CONTRACTOR's subsurface or physical conditions or performing any making such final commitment; or Work in connection therewith (except in an emergency as required by paragraph 6. 16.A), notify C. CONTRACTOR failed to give the OWNER and ENGINEER in writing about such condition . CONTRACTOR shall not further disturb written notice within the time and as re- such condition or perform any Work in connection quired by paragraph 4.03.A. therewith (except as aforesaid) until receipt of written order to do so. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the B . ENGINEER 's Review: After recei t of written amount or extent, if any, of any adjustment in p the Contract Price or Contract Times, or both , a notice as required by paragraph 4.03.A, ENGINEER Claim may be made therefor as provided in will promptly review the pertinent condition, determine the necessity of OWNER's obtainingadditional paragraph 1 and However,, OWNER, ENGINEER, and ENGINEER'S Consultants exploration or tests with respect thereto, and advise of shall not be liable to CONTRACTOR for any OWNER in writing (with a copy to CONTRACTOR ENGINEER's findings and conclusions. ) claims, costs, lossesor 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 arbitration or other dispute resolution costs) sustained by 1 . The Contract Price or the Contract CONTRACTOR on or in connection with any Times, or both, will be equitably adjusted to the other project or anticipated project. extent that the existence of such differing subsurface or physical condition causes an in- 4 .04 Underground Facilities crease or decrease in CONTRACTOR's cost of, or time required for, performance of the A. Shown or Indicated: The information and data Work; subject, however, to the following: shown or indicated in the Contract Documents with respect to existing Underground Facilities at or a. such condition must meet any one or contiguous to the Site is based on information and more of the categories described in para- data furnished to OWNER or ENGINEER by the graph 4.03.A; and owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise b. with respect to Work that is paid for expressly provided in the Supplementary Conditions: on a Unit Price Basis, any adjustment in Contract Price will be subject to the 1 . OWNER and ENGINEER shall not provisions of paragraphs 9.08 and 11 .03. be responsible for the accuracy or com- 2. CONTRACTOR shall not be entitled pleteness of any such information or data; and to any adjustment in the Contract Price or Contract Times if: 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- a. CONTRACTOR knew of the TOR shall have full responsibility for: existence of such conditions at the time CONTRACTOR made a final commitment a. reviewing and checking all such to OWNER in respect of Contract Price and information and data , Contract Times by the submission of a Bid 00700 - 12 00700 - General Conditions .doe F.lEngineeringlCapital Projects\W01 IRC PARKS COMPLEX1Conlract Oocpmenls Eng11RC Parks Maintenance Complex\Oo700 - General Conditions .doe b. locating all Underground Facilities shown or indicated in the Contract 4. 05 Reference Points Documents, A. OWNER shall provide engineering surveys to establish reference points for construction which in c. coordination of the Work with the ENGINEER's judgment are necessary to enable owners of such Underground Facilities, CONTRACTOR to proceed with the Work. CON- including OWNER, during construction , and TRACTOR shall be responsible for laying out the d. the safety and protection of all such Work, shall protect and preserve the established Underground Facilities and repairingf alan reference points and property monuments, and shall Y make no changes or relocations without the prior damage thereto resulting from the Work. written approval of OWNER. CONTRACTOR shall B . Not Shown orindicated report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires 1 . If an Underground Facili s relocation because of necessary changes in grades uncovered or revealed at r Conti uous to the or locations , and shall be responsible for the accurate g replacement or relocation of such reference points or Site which was not shown or indicated , or not in Property monuments by professionally qualified shown or indicated with reasonable accuracy the Contract Documents, CONTRACTOR Personnel. shall, promptly after becoming aware thereof 4 .06 Hazardous Environmental Condition at Site and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency Reports and Drawings: Reference is made to as re uired b g Y the Supplementary Conditions for the identification of q y paragraph 6. 16.A), identify the those reports and drawings relating to a Hazardous owner of such Underground Facility and give Environmental Condition identified at the Site, if any, written notice to that owner and to OWNER that have been utilized by the ENGINEER in the and ENGINEER. ENGINEER will promptly preparation of the Contract Documents. review the Underground Facility and determine the extent, if any, to which a change is required B. Limited Reliance by CONTRACTOR on in the Contract Documents to reflect and Technical Data Authorized: CONTRACTOR may rely document the consequences of the existence upon the general accuracy of the "technical data" or location of the Underground Facility. During contained in such reports and drawings, but such such time, CONTRACTOR shall be reports and drawings are not Contract Documents. responsible for the safety and protection of Such "technical data" is such Underground Facility. identified in the Supplementary Conditions. Except for such reliance 2. If ENGINEER concludes that a on such "technical data," CONTRACTOR may not change in the Contract Documents is re guired, rely upon or make any Claim against OWNER, a Work Change Directive or a Change ENGINEER or any of ENGINEER's Consultants with will be issued to reflect and document such respect to: consequences. An equitable adjustment shall be made in the Contract Price or Contract 1 the completeness of such reports Times, or both, to the extent that the are and drawings for CONTRACTOR'S purposes , attributable to the existence or location of an including, but not limited to, any aspects of the r means, methods, techniques, sequences and Underground Facility that was not shown o Procedures construction to be employed by indicated or not shown or indicated with CONTRACTOR R and safety precautions and reasonable accuracy in the Contract Documents and that CONTRACTOR did not Programs incident thereto; or know of and could not reasonably have been expected to be aware of or to have anticipated. 2 • other data, interpretations , opinions If OWNER and CONTRACTOR are unable to and information contained in such reports or agree on entitlement to or on the amount or shown or indicated in such drawings; or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or o any CONTRACTOR interpretation of CONTRACTOR may make a Claim therefor as or conclusion drawn from any "technical data provided in paragraph 10.05. or any such other data, interpretations, opinions or information . PSEnginee ing%Capital Projeds%07o1 (RC PARKS COMPLEMCOn rad Documents EngVRO Parks Maintenance Com tex100700 -00 - 13 00]00 - General Conditions .tloc P General Conditions .doc b. locating all Underground Facilities shown or indicated in the Contract 4. 05 Reference Points Documents, A. OWNER shall provide engineering surveys to establish reference points for construction which in c. coordination of the Work with the ENGINEER's judgment are necessary to enable owners of such Underground Facilities, CONTRACTOR to proceed with the Work. CON- including OWNER, during construction , and TRACTOR shall be responsible for laying out the d. the safety and protection of all such Work, shall protect and preserve the established Underground Facilities and repairingf alan reference points and property monuments, and shall Y make no changes or relocations without the prior damage thereto resulting from the Work. written approval of OWNER. CONTRACTOR shall B . Not Shown orindicated report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires 1 . If an Underground Facili s relocation because of necessary changes in grades uncovered or revealed at r Conti uous to the or locations , and shall be responsible for the accurate g replacement or relocation of such reference points or Site which was not shown or indicated , or not in Property monuments by professionally qualified shown or indicated with reasonable accuracy the Contract Documents, CONTRACTOR Personnel. shall, promptly after becoming aware thereof 4 .06 Hazardous Environmental Condition at Site and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency Reports and Drawings: Reference is made to as re uired b g Y the Supplementary Conditions for the identification of q y paragraph 6. 16.A), identify the those reports and drawings relating to a Hazardous owner of such Underground Facility and give Environmental Condition identified at the Site, if any, written notice to that owner and to OWNER that have been utilized by the ENGINEER in the and ENGINEER. ENGINEER will promptly preparation of the Contract Documents. review the Underground Facility and determine the extent, if any, to which a change is required B. Limited Reliance by CONTRACTOR on in the Contract Documents to reflect and Technical Data Authorized: CONTRACTOR may rely document the consequences of the existence upon the general accuracy of the "technical data" or location of the Underground Facility. During contained in such reports and drawings, but such such time, CONTRACTOR shall be reports and drawings are not Contract Documents. responsible for the safety and protection of Such "technical data" is such Underground Facility. identified in the Supplementary Conditions. Except for such reliance 2. If ENGINEER concludes that a on such "technical data," CONTRACTOR may not change in the Contract Documents is re guired, rely upon or make any Claim against OWNER, a Work Change Directive or a Change ENGINEER or any of ENGINEER's Consultants with will be issued to reflect and document such respect to: consequences. An equitable adjustment shall be made in the Contract Price or Contract 1 the completeness of such reports Times, or both, to the extent that the are and drawings for CONTRACTOR'S purposes , attributable to the existence or location of an including, but not limited to, any aspects of the r means, methods, techniques, sequences and Underground Facility that was not shown o Procedures construction to be employed by indicated or not shown or indicated with CONTRACTOR R and safety precautions and reasonable accuracy in the Contract Documents and that CONTRACTOR did not Programs incident thereto; or know of and could not reasonably have been expected to be aware of or to have anticipated. 2 • other data, interpretations , opinions If OWNER and CONTRACTOR are unable to and information contained in such reports or agree on entitlement to or on the amount or shown or indicated in such drawings; or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or o any CONTRACTOR interpretation of CONTRACTOR may make a Claim therefor as or conclusion drawn from any "technical data provided in paragraph 10.05. or any such other data, interpretations, opinions or information . PSEnginee ing%Capital Projeds%07o1 (RC PARKS COMPLEMCOn rad Documents EngVRO Parks Maintenance Com tex100700 -00 - 13 00]00 - General Conditions .tloc P General Conditions .doc C. CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in any Hazardous Environmental Condition uncovered accordance with Article 7. or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in G. To the fullest extent permitted by Laws and the Contract Documents to be within the scope of the Regulations, OWNER shall indemnify and hold Work . CONTRACTOR shall be responsible for a harmless CONTRACTOR, Subcontractors, ENGI- Hazardous Environmental Condition created with any NEER , ENGINEER's Consultants and the officers, materials brought to the Site by CONTRACTOR, directors, partners, employees, agents, other Subcontractors, Suppliers, or anyone else for whom consultants, and subcontractors of each and any of CONTRACTOR is responsible. them from and against all claims, costs, losses, and damages (including but not limited to all fees and D. If CONTRACTOR encounters a Hazardous charges of engineers, architects, attorneys, and other Environmental Condition or if CONTRACTOR or professionals and all court or arbitration or other anyone for whom CONTRACTOR is responsible dispute resolution costs) arising out of or relating to a creates a Hazardous Environmental Condition , Hazardous Environmental Condition , provided that CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition : (i) was not otherwise isolate such condition; (ii) stop all Work in shown or indicated in the Drawings or Specifications connection with such condition and in any area or identified in the Contract Documents to be included affected thereby (except in an emergency as required within the scope of the Work, and (ii) was not created by paragraph 6. 16); and (iii) notify OWNER and by CONTRACTOR or by anyone for whom ENGINEER (and promptly thereafter confirm such CONTRACTOR is responsible_ Nothing in this para- notice in writing). OWNER shall promptly consult with graph 4.06. E shall obligate OWNER to indemnify any ENGINEER concerning the necessity for OWNER to individual or entity from and against the conse- retain aqualified expert to evaluate such condition or quences of that individual's or entity's own negli- take corrective action , if any. gence. E. CONTRACTOR shall not be required to H . To the fullest extent permitted by Laws and resume Work in connection with such condition or in Regulations , CONTRACTOR shall indemnify and hold any affected area until after OWNER has obtained harmless OWNER, ENGINEER , ENGINEER's any required permits related thereto and delivered to Consultants, and the officers, directors, partners, CONTRACTOR written notice: (i) specifying that such employees, agents, other consultants, and condition and any affected area is or has been subcontractors of each and any of them from and rendered safe for the resumption of Work; or (ii) against all claims, costs, losses, and damages specifying any special conditions under which such (including but not limited to all fees and charges of Work may be resumed safely. If OWNER and engineers, architects, attorneys , and other CONTRACTOR cannot agree as to entitlement to or professionals and all court or arbitration or other on the amount or extent, if any, of any adjustment in dispute resolution costs) arising out of or relating to a Contract Price or Contract Times, or both, as a result Hazardous Environmental Condition created by of such Work stoppage or such special conditions CONTRACTOR or by anyone for whom under which Work is agreed to be resumed by CONTRACTOR is responsible. Nothing in this CONTRACTOR, either party may make a Claim paragraph 4.06. F shall obligate CONTRACTOR to therefor as provided in paragraph 10.05. indemnify any individual or entity from and against the consequences of that individual's or entity's own F. If after receipt of such written notice negligence. CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not I . The provisions of paragraphs 4.02, 4.03 , and agree to resume such Work under such special condi- 4.04 are not intended to apply to a Hazardous tions, then OWNER may order the portion of the Work Environmental Condition uncovered or revealed at the that is in the area affected by such condition to be Site . deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10 .05. OWNER may have such deleted portion of the Work F.IEngineeringlCapital Projects\0701 IRC PARKS COMPLEX1Contract Documents EngJ00700 - 14 00700 - General Contlitions Aoc RC Parks Maintenance CcmptexM7(X) - General Conc itions .tloc C. CONTRACTOR shall not be responsible for performed by OWNER's own forces or others in any Hazardous Environmental Condition uncovered accordance with Article 7. or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in G. To the fullest extent permitted by Laws and the Contract Documents to be within the scope of the Regulations, OWNER shall indemnify and hold Work . CONTRACTOR shall be responsible for a harmless CONTRACTOR, Subcontractors, ENGI- Hazardous Environmental Condition created with any NEER , ENGINEER's Consultants and the officers, materials brought to the Site by CONTRACTOR, directors, partners, employees, agents, other Subcontractors, Suppliers, or anyone else for whom consultants, and subcontractors of each and any of CONTRACTOR is responsible. them from and against all claims, costs, losses, and damages (including but not limited to all fees and D. If CONTRACTOR encounters a Hazardous charges of engineers, architects, attorneys, and other Environmental Condition or if CONTRACTOR or professionals and all court or arbitration or other anyone for whom CONTRACTOR is responsible dispute resolution costs) arising out of or relating to a creates a Hazardous Environmental Condition , Hazardous Environmental Condition , provided that CONTRACTOR shall immediately: (i) secure or such Hazardous Environmental Condition : (i) was not otherwise isolate such condition; (ii) stop all Work in shown or indicated in the Drawings or Specifications connection with such condition and in any area or identified in the Contract Documents to be included affected thereby (except in an emergency as required within the scope of the Work, and (ii) was not created by paragraph 6. 16); and (iii) notify OWNER and by CONTRACTOR or by anyone for whom ENGINEER (and promptly thereafter confirm such CONTRACTOR is responsible_ Nothing in this para- notice in writing). OWNER shall promptly consult with graph 4.06. E shall obligate OWNER to indemnify any ENGINEER concerning the necessity for OWNER to individual or entity from and against the conse- retain aqualified expert to evaluate such condition or quences of that individual's or entity's own negli- take corrective action , if any. gence. E. CONTRACTOR shall not be required to H . To the fullest extent permitted by Laws and resume Work in connection with such condition or in Regulations , CONTRACTOR shall indemnify and hold any affected area until after OWNER has obtained harmless OWNER, ENGINEER , ENGINEER's any required permits related thereto and delivered to Consultants, and the officers, directors, partners, CONTRACTOR written notice: (i) specifying that such employees, agents, other consultants, and condition and any affected area is or has been subcontractors of each and any of them from and rendered safe for the resumption of Work; or (ii) against all claims, costs, losses, and damages specifying any special conditions under which such (including but not limited to all fees and charges of Work may be resumed safely. If OWNER and engineers, architects, attorneys , and other CONTRACTOR cannot agree as to entitlement to or professionals and all court or arbitration or other on the amount or extent, if any, of any adjustment in dispute resolution costs) arising out of or relating to a Contract Price or Contract Times, or both, as a result Hazardous Environmental Condition created by of such Work stoppage or such special conditions CONTRACTOR or by anyone for whom under which Work is agreed to be resumed by CONTRACTOR is responsible. Nothing in this CONTRACTOR, either party may make a Claim paragraph 4.06. F shall obligate CONTRACTOR to therefor as provided in paragraph 10.05. indemnify any individual or entity from and against the consequences of that individual's or entity's own F. If after receipt of such written notice negligence. CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not I . The provisions of paragraphs 4.02, 4.03 , and agree to resume such Work under such special condi- 4.04 are not intended to apply to a Hazardous tions, then OWNER may order the portion of the Work Environmental Condition uncovered or revealed at the that is in the area affected by such condition to be Site . deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10 .05. OWNER may have such deleted portion of the Work F.IEngineeringlCapital Projects\0701 IRC PARKS COMPLEX1Contract Documents EngJ00700 - 14 00700 - General Contlitions Aoc RC Parks Maintenance CcmptexM7(X) - General Conc itions .tloc ARTICLE 5 - BONDS AND INSURANCE Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- 5. 01 Performance, Payment, and Other Bonds ER or any other additional insured ) which CON- TRACTOR is required to purchase and maintain. and payment Bonds, each in an amount at leas ual to each additional insured identified in the Supple- to the Contract Price as security for the f ' ul erfor- mentary Conditions, certificates of insurance (and mance and P other evidence of insurance requested by CONTRAC- payment of all TRACTOR'S TOR or any other additional insured) which OWNER obligations under the Contra ocuments. These Bonds shall remain in ct at least until one year after the date wh nal payment becomes due, except as pro ' d otherwise by Laws or Regulations 5.04 CONTRACTOR'S Liability Insurance or by th ontract Documents. CONTRACTOR shall ars rnish such other Bonds as are required b the A. CONTRACTOR shall purchase and maintain q Y such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may B. All Bonds shall be in the form prescribed by arise out of or result from CONTRACTOR's the Contract Documents except as provided otherperformance of the Work- wise by Laws or Regulations, and shall be executed obligations under the C nt adct Dolcume ts,OwRhether it by such sureties as are named in the current list of is to be performed by CONTRACTOR, any Subcon- "Companies Holding Certificates of Authority as tractor or Supplier, or by anyone directly or indirectly Acceptable Sureties on Federal Bonds and as employed by any of them to perform any of the Work, Acceptable Reinsuring Companies" as published in or by anyone for whose acts any of them may be Circular 570 (amended) by the Financial Management liable: Service , Surety Bond Branch, U .S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's 1 • claims under workers' compensation , authority to act. g disability benefits, and other similar employee benefit acts; C. If the surety on any Bond furnished by CON2.- ly claims for damages because of TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in an state bodily injury, occupational sickness or disease , y or death of CONTRACTOR'S employees; where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01 . 13 , 3.CONTRACTOR shall within 20 days thereafter claims for damages because of substitute another Bond and surety, both of which bodily injury, sickness or disease, R death s paragraphs shall comply with the requirements of any person other than CONTRACTOR'S 5. 01 . B and 5.02. employees; 5 .02 Licensed Sureties and Insurers 4• claims for damages insured by reasonably available personal injury liability A. All Bonds and insurance required b the coverage which are sustained: (i) by any q Y person as a result of an offense directly or Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from indirectly related to the employment y such person surety or insurance companies that are du! licensed or CONTRACTOR, or (4) by any other or authorized in the jurisdiction in which the Project is Person for any other reason ; located to issue Bonds or insurance policies for the limits and coverages so required. Such sure and 5. claims for damages, other than to the insurance companies shall also meet such additional Work itself, because of injury c t destruction of tangible property wherever loc requirements and qualifications as may be provided in ated , including the Supplementary Conditions. loss of use resulting therefrom; and 5. 03 Certificates of Insurance 6. claims for damages because of bodily injury or death of any person or property A. CONTRACTOR shall deliver to OWNER, with damage arising out of the ownership, mainte- copies to each additional insured identified in the Hance or use of any motor vehicle. 00700 - 15 00700 - General Conditions .doc F:1EngineennglCapital Projects10701 IRC PARKS COMPLEMContrad Documents EngVRC Parks Maintenance CompleAO0700 - General Conditions .doc ARTICLE 5 - BONDS AND INSURANCE Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- 5. 01 Performance, Payment, and Other Bonds ER or any other additional insured ) which CON- TRACTOR is required to purchase and maintain. and payment Bonds, each in an amount at leas ual to each additional insured identified in the Supple- to the Contract Price as security for the f ' ul erfor- mentary Conditions, certificates of insurance (and mance and P other evidence of insurance requested by CONTRAC- payment of all TRACTOR'S TOR or any other additional insured) which OWNER obligations under the Contra ocuments. These Bonds shall remain in ct at least until one year after the date wh nal payment becomes due, except as pro ' d otherwise by Laws or Regulations 5.04 CONTRACTOR'S Liability Insurance or by th ontract Documents. CONTRACTOR shall ars rnish such other Bonds as are required b the A. CONTRACTOR shall purchase and maintain q Y such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may B. All Bonds shall be in the form prescribed by arise out of or result from CONTRACTOR's the Contract Documents except as provided otherperformance of the Work- wise by Laws or Regulations, and shall be executed obligations under the C nt adct Dolcume ts,OwRhether it by such sureties as are named in the current list of is to be performed by CONTRACTOR, any Subcon- "Companies Holding Certificates of Authority as tractor or Supplier, or by anyone directly or indirectly Acceptable Sureties on Federal Bonds and as employed by any of them to perform any of the Work, Acceptable Reinsuring Companies" as published in or by anyone for whose acts any of them may be Circular 570 (amended) by the Financial Management liable: Service , Surety Bond Branch, U .S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's 1 • claims under workers' compensation , authority to act. g disability benefits, and other similar employee benefit acts; C. If the surety on any Bond furnished by CON2.- ly claims for damages because of TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in an state bodily injury, occupational sickness or disease , y or death of CONTRACTOR'S employees; where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01 . 13 , 3.CONTRACTOR shall within 20 days thereafter claims for damages because of substitute another Bond and surety, both of which bodily injury, sickness or disease, R death s paragraphs shall comply with the requirements of any person other than CONTRACTOR'S 5. 01 . B and 5.02. employees; 5 .02 Licensed Sureties and Insurers 4• claims for damages insured by reasonably available personal injury liability A. All Bonds and insurance required b the coverage which are sustained: (i) by any q Y person as a result of an offense directly or Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from indirectly related to the employment y such person surety or insurance companies that are du! licensed or CONTRACTOR, or (4) by any other or authorized in the jurisdiction in which the Project is Person for any other reason ; located to issue Bonds or insurance policies for the limits and coverages so required. Such sure and 5. claims for damages, other than to the insurance companies shall also meet such additional Work itself, because of injury c t destruction of tangible property wherever loc requirements and qualifications as may be provided in ated , including the Supplementary Conditions. loss of use resulting therefrom; and 5. 03 Certificates of Insurance 6. claims for damages because of bodily injury or death of any person or property A. CONTRACTOR shall deliver to OWNER, with damage arising out of the ownership, mainte- copies to each additional insured identified in the Hance or use of any motor vehicle. 00700 - 15 00700 - General Conditions .doc F:1EngineennglCapital Projects10701 IRC PARKS COMPLEMContrad Documents EngVRC Parks Maintenance CompleAO0700 - General Conditions .doc B . The policies of insurance so required by this each other additional insured identified in the paragraph 5.04 to be purchased and maintained shall: Supplementary Conditions, to whom a certificate of insurance has been issued, 1 . with respect to insurance required by evidence satisfactory to OWNER and any such paragraphs 5.04.A.3 through 5. 04 .A.6 inclu- additional insured of continuation of such sive, include as additional insureds (subject to insurance at final payment and one year any customary exclusion in respect of thereafter). professional liability) OWNER , ENGINEER, ENGINEER's Consultants, and any other 5.05 OWNER's Liability Insurance individuals or entities identified in the Supple- mentary Conditions , all of whom shall be listed — . l„n Wit. :� u � as additional insureds, and include coverage provided by CONTRACTOR under par p 5.04, for the respective officers, directors, partners, OWNER, at OWNER's option y purchase and employees, agents, and other consultants and maintain at OWNER' xpense OWNER's own subcontractors of each and any of all such liability insura as will protect OWNER against additional insureds, and the insurance afforded claim to these additional insureds shall provide nwGurriepAs- primary coverage for all claims covered thereby; 5.06 Property Insurance 2 . include at least the specific n 11 I coverages and be written for not less than the mentary Conditions, OWNER shall purchase and limits of liability provided in the Supplementary maintain property insurance upon the Work at t e Site Conditions or required by Laws or Regulations, in the amount of the full replacement cost thereof whichever is greater; (subject to such deductible amounts as may be provided in the Supplementary Conditions r required 3. include completed operations by Laws and Regulations). This insuranc shall: insurance; 1 . include the interests of OWNER , 4. include contractual liability insurance QONTRAGTO�R-, aubGent covering CONTRACTOR's indemnity E,Nr- lo,n,=1 � =o'cr ;t obligations under paragraphs 6 .07, 6. 11 , and individuals or entities i ntified in the 6.20; Supplementary Conditions and the officers, directors, partners , empl yees, agents, and 5. contain a provision or endorsement other consultants and s contractors of each that the coverage afforded will not be canceled, and any of them , each f whom is deemed to materially changed or renewal refused until at have an insurable int est and shall be listed least thirty days prior written notice has been as an additional insur d ; given to OWNER and CONTRACTOR and to each other additional insured identified in the 2 . be writt n on a Builder's Risk Supplementary Conditions to whom a certifi- "all-risk" or open eril or special causes of loss tate of insurance has been issued (and the policy form that all at least include insurance certificates of insurance furnished by the CON- for physical I s or damage to the Work, TRACTOR pursuant to paragraph 5.03 will so temporary bu' dings , false work, and materials provide); and equip nt in transit, and shall insure against at I ast the following perils or causes of 6 . remain in effect at least until final loss: fire, ightning, extended coverage , theft, payment and at all times thereafter when CON- vandalis and malicious mischief, earthquake, TRACTOR may be correcting , removing, or I ebris remeval demelitFea replacing defective Work in accordance with occasi ned by enforcement of Laws and paragraph 13.07; and Reg ations, water damage, and such other peri or causes of loss as may be specifically 7 . with respect to completed operations re uired by the Supplementary Conditions; insurance, and any insurance coverage written on a claims-made basis , remain in effect for at a least two years after final payment (and repaiL^• ^rl^ r y Flnsured_ }�reperty CONTRACTOR shall furnish OWNER and F.1EngineeringlCapital Protects\0701 IRC PARKS COMPLEX1Contracl Documents Eng\I00700 - 16 00]00 - General Conditions dot PC Parks Maintenance Complex',00700 - General Conditions .doc B . The policies of insurance so required by this each other additional insured identified in the paragraph 5.04 to be purchased and maintained shall: Supplementary Conditions, to whom a certificate of insurance has been issued, 1 . with respect to insurance required by evidence satisfactory to OWNER and any such paragraphs 5.04.A.3 through 5. 04 .A.6 inclu- additional insured of continuation of such sive, include as additional insureds (subject to insurance at final payment and one year any customary exclusion in respect of thereafter). professional liability) OWNER , ENGINEER, ENGINEER's Consultants, and any other 5.05 OWNER's Liability Insurance individuals or entities identified in the Supple- mentary Conditions , all of whom shall be listed — . l„n Wit. :� u � as additional insureds, and include coverage provided by CONTRACTOR under par p 5.04, for the respective officers, directors, partners, OWNER, at OWNER's option y purchase and employees, agents, and other consultants and maintain at OWNER' xpense OWNER's own subcontractors of each and any of all such liability insura as will protect OWNER against additional insureds, and the insurance afforded claim to these additional insureds shall provide nwGurriepAs- primary coverage for all claims covered thereby; 5.06 Property Insurance 2 . include at least the specific n 11 I coverages and be written for not less than the mentary Conditions, OWNER shall purchase and limits of liability provided in the Supplementary maintain property insurance upon the Work at t e Site Conditions or required by Laws or Regulations, in the amount of the full replacement cost thereof whichever is greater; (subject to such deductible amounts as may be provided in the Supplementary Conditions r required 3. include completed operations by Laws and Regulations). This insuranc shall: insurance; 1 . include the interests of OWNER , 4. include contractual liability insurance QONTRAGTO�R-, aubGent covering CONTRACTOR's indemnity E,Nr- lo,n,=1 � =o'cr ;t obligations under paragraphs 6 .07, 6. 11 , and individuals or entities i ntified in the 6.20; Supplementary Conditions and the officers, directors, partners , empl yees, agents, and 5. contain a provision or endorsement other consultants and s contractors of each that the coverage afforded will not be canceled, and any of them , each f whom is deemed to materially changed or renewal refused until at have an insurable int est and shall be listed least thirty days prior written notice has been as an additional insur d ; given to OWNER and CONTRACTOR and to each other additional insured identified in the 2 . be writt n on a Builder's Risk Supplementary Conditions to whom a certifi- "all-risk" or open eril or special causes of loss tate of insurance has been issued (and the policy form that all at least include insurance certificates of insurance furnished by the CON- for physical I s or damage to the Work, TRACTOR pursuant to paragraph 5.03 will so temporary bu' dings , false work, and materials provide); and equip nt in transit, and shall insure against at I ast the following perils or causes of 6 . remain in effect at least until final loss: fire, ightning, extended coverage , theft, payment and at all times thereafter when CON- vandalis and malicious mischief, earthquake, TRACTOR may be correcting , removing, or I ebris remeval demelitFea replacing defective Work in accordance with occasi ned by enforcement of Laws and paragraph 13.07; and Reg ations, water damage, and such other peri or causes of loss as may be specifically 7 . with respect to completed operations re uired by the Supplementary Conditions; insurance, and any insurance coverage written on a claims-made basis , remain in effect for at a least two years after final payment (and repaiL^• ^rl^ r y Flnsured_ }�reperty CONTRACTOR shall furnish OWNER and F.1EngineeringlCapital Protects\0701 IRC PARKS COMPLEX1Contracl Documents Eng\I00700 - 16 00]00 - General Conditions dot PC Parks Maintenance Complex',00700 - General Conditions .doc insurers in accordance with such agreement as the and- suhennt em fop parties in interest may reach. If no such agreement tionamong the parties in interest is reached, OWNER as 1 less dts� to hast�ess N up ; fiduciary shall adjust and settle the loss with the l° insurers and , if required in writing by any party in °fin` . gid interest, OWNER as fiduciary shall give bond for the damage to OWNER' s preperty��� primp^r c f . . . �`�ush dut es fesu4ting-frem-#ire 5 .09 Acceptance of Bonds and Insurance; Option m�nrniGo . ,� to Replace r�,,,, n\nrnlGo s°d bY,a ° A objection to the coverage afforded by or other p vi- or ^r I^ sions of the Bonds or insurance required be w� perty purchased and maintained by the other partyaccor- dance with Article 5 on the basis of non-c formance with the Contract Documents, the objecti party shall so notify the other party in writing with' 10 days after receipt of the certificates (or other evidence 14 -04 , or afteF ` ' Y "«•r + �` requested) required by paragrap 2.05.C . OWNER paragraph 14 .07 . and CONTRACTOR shall eac provide to the other such additional information ' respect of insurance Q Any-insaranGe-po4Gy-maiRta .,,a by COAtN -R provided as the other m easonably request. If either party does not p hase or maintain all of the provis_referre ' ` n Bonds and insurance equired of such party by the Contract Document , such party shall notify the other party in writing of uch failure to purchase prior to the ' s ..' .-' .. "' e—n°—fight start of the Wor , or of such failure to maintain prior to CONTRACTOR Subsontraotars EN ;_1N €€ r any change in the required coverage. Without part,PNC,erG��'� prejudice t any other right or remedy, the other party may ele to obtain equivalent Bonds or insurance to and nd anY--°�tfiem= protec such other party's interests at the expense of the rty who was required to provide such coverage, 5.08 Receipt and Application of Insurance an a Change Order shall be issued to adjust the Proceeds CORt 5. 10 Partial Utilization, Acknowledgment of insurance required by paragraph 5.06 will be adjust Property Insurer with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may A. If OWNER finds it necessary to occupy or use appear, subject to the requirements of any ap icable a portion or portions of the Work prior to Substantial mortgage clause and of paragraph 5.08.13 . WNER Completion of all the Work as provided in paragraph shall deposit in a separate account any money so 14.05, no such use or occupancy shall commence received and shall distribute it in ac rdance with before the insurers providing the property insurance such agreement as the parties in inte st may reach . pursuant to paragraph 5.06 have acknowledged If no other special agreement ' reached, the notice thereof and in writing effected any changes in damaged Work shall be repaire or replaced , the coverage necessitated thereby. The insurers moneys so received applied on ccount thereof, and providing the property insurance shall consent by the Work and the cost t reof covered by an endorsement on the policy or policies, but the appropriate Change Order o ritten Amendment. property insurance shall not be canceled or permitted to lapse on account of any such partial use or B. OWNER as fi ciary shall have power to occupancy. adjust and settle any I ss with the insurers unless one Of the parties in int est shall object in writing within 15 days after th occurrence of loss to OWNER's ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES exercise of this power. If such objection be made , OWNER as f uciary shall make settlement with the 00700 - 18 00700 - General Contli[bns Add ICapilal Prgeds1W01 IRC PARKS COMPLEX\Conlrac[ Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions doc insurers in accordance with such agreement as the and- suhennt em fop parties in interest may reach. If no such agreement tionamong the parties in interest is reached, OWNER as 1 less dts� to hast�ess N up ; fiduciary shall adjust and settle the loss with the l° insurers and , if required in writing by any party in °fin` . gid interest, OWNER as fiduciary shall give bond for the damage to OWNER' s preperty��� primp^r c f . . . �`�ush dut es fesu4ting-frem-#ire 5 .09 Acceptance of Bonds and Insurance; Option m�nrniGo . ,� to Replace r�,,,, n\nrnlGo s°d bY,a ° A objection to the coverage afforded by or other p vi- or ^r I^ sions of the Bonds or insurance required be w� perty purchased and maintained by the other partyaccor- dance with Article 5 on the basis of non-c formance with the Contract Documents, the objecti party shall so notify the other party in writing with' 10 days after receipt of the certificates (or other evidence 14 -04 , or afteF ` ' Y "«•r + �` requested) required by paragrap 2.05.C . OWNER paragraph 14 .07 . and CONTRACTOR shall eac provide to the other such additional information ' respect of insurance Q Any-insaranGe-po4Gy-maiRta .,,a by COAtN -R provided as the other m easonably request. If either party does not p hase or maintain all of the provis_referre ' ` n Bonds and insurance equired of such party by the Contract Document , such party shall notify the other party in writing of uch failure to purchase prior to the ' s ..' .-' .. "' e—n°—fight start of the Wor , or of such failure to maintain prior to CONTRACTOR Subsontraotars EN ;_1N €€ r any change in the required coverage. Without part,PNC,erG��'� prejudice t any other right or remedy, the other party may ele to obtain equivalent Bonds or insurance to and nd anY--°�tfiem= protec such other party's interests at the expense of the rty who was required to provide such coverage, 5.08 Receipt and Application of Insurance an a Change Order shall be issued to adjust the Proceeds CORt 5. 10 Partial Utilization, Acknowledgment of insurance required by paragraph 5.06 will be adjust Property Insurer with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may A. If OWNER finds it necessary to occupy or use appear, subject to the requirements of any ap icable a portion or portions of the Work prior to Substantial mortgage clause and of paragraph 5.08.13 . WNER Completion of all the Work as provided in paragraph shall deposit in a separate account any money so 14.05, no such use or occupancy shall commence received and shall distribute it in ac rdance with before the insurers providing the property insurance such agreement as the parties in inte st may reach . pursuant to paragraph 5.06 have acknowledged If no other special agreement ' reached, the notice thereof and in writing effected any changes in damaged Work shall be repaire or replaced , the coverage necessitated thereby. The insurers moneys so received applied on ccount thereof, and providing the property insurance shall consent by the Work and the cost t reof covered by an endorsement on the policy or policies, but the appropriate Change Order o ritten Amendment. property insurance shall not be canceled or permitted to lapse on account of any such partial use or B. OWNER as fi ciary shall have power to occupancy. adjust and settle any I ss with the insurers unless one Of the parties in int est shall object in writing within 15 days after th occurrence of loss to OWNER's ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES exercise of this power. If such objection be made , OWNER as f uciary shall make settlement with the 00700 - 18 00700 - General Contli[bns Add ICapilal Prgeds1W01 IRC PARKS COMPLEX\Conlrac[ Documents Eng\IRC Parks Maintenance Complex\00700 - General Conditions doc 6 . 01 Supervision and Superintendence equipment and machinery, tools, appliances, fuel, Power, light, heat, telephone, water, sanitary A. CONTRACTOR shall supervise, inspect, and facilities, temporary facilities, and all other facilities direct the Work competently and efficiently, devotin and incidentals necessary for the performance, such attention thereto and applying such skills and testing, start-up , and completion of the Work. expertise as may be necessaryto perform the Work in B. All materials and equipment incorporated into accordance with the Contract Documents . CON- TRACTOR shall be solely responsible for the means, the Work shall be as specified or, not specified, shall be of good quality and new, except as otherwise methods, techniques, sequences, and procedures of Provided in the Contract Documents. All warranties construction , but CONTRACTOR shall not be responsible for the negligence of OWNER or and guarantees specifically called for by the ENGINEER in the design or specification of a specific Specifications shall expressly run to the benefit of procedure OWNER. If required y ENGINEER, CONTRACTOR means, method, technique, sequence, or of construction which is shown or indicat d in and shall furnish satisfactory evidence (including reports of required tests) as q the source, kind, and quality of expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the materials and equipment. All materials and equipment shall be stored , applied, installed, completed Work complies accurately with the Contract Documents. connected, erected, protected , used, cleaned, and conditioned in accordance with instructions of the B . At all times during the progress of the Work, applicable Supplier, except as otherwise may be CONTRACTOR shall assign a competent resident Provided in the Contract Documents . superintendent thereto who shall not be replaced 6. 04 Progress Schedule without written notice to OWNER and ENGINEER except under extraordinary circumstances . The superintendent will be A. CONTRACTOR shall adhere the progress representative at the Site and shall have authoritybORo with schedule established in accordance with paragraph act on behalf of CONTRACTOR. All communications prov as it may be adjusted from time to time as given to or received from the superintendent shall be Provided below. binding on CONTRACTOR. 1 . CONTRACTOR shall submit to 6. 02 Labor,, Working Hours ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed A. CONTRACTOR shall provide competent, adjustments in the progress schedule that will suitably qualified personnel to survey, lay out, Milestones).and not result ). changing the Contract Times rm construct the Work as required by the Contract Docu- Such adjustments will conform ments. CONTRACTOR shall at all times maintain generally to the progress schedule then in effect and additionally will comply with any good discipline and order at the Site. provisions of the General Requirements B. Except as otherwise required for the safety or applicable thereto. protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise 2 Proposed adjustments in the stated in the Contract Documents, all Work at the Site Progress schedule that will change the shall be performed during regular working hours, and Contract Times (or Milestones) shall is CONTRACTOR will not permit overtime work or the submitted in accordance with the requirements of Article 12. Such adjustments may only performance of Work on Saturday, Sunday, or an be il- legal holiday without OWNER's written consent made by a Change Order cl Written Amend- (which will not be unreasonably withheld) given after merit in accordance with Article 12. priorwritten notice to ENGINEER. 6. 05 Substitutes and "Or-Equals" 6 .03 Services, Materials, and Equipment A. Whenever an item of material or equipment is specified or described in the Contract Documents by eneral G A. Unless otherwise specified in the using the name of a proprietary item or the name of a and particular Supplier, the specification or description is Requirements, CONTRACTOR shall he G P intended to establish the type, function, appearance, assume full responsibility for all services , materials, equipment, labor, transportation , construction and quality required. Unless the specification or description contains or is followed by words reading F1Engineering%Capital ProjectsW01 IRC PARKS COMPLEVContract Documents EngVRC Parks Maintenance Com Iex100700 - 00]00 - General Conditions .doc P General Conditions .doc 6 . 01 Supervision and Superintendence equipment and machinery, tools, appliances, fuel, Power, light, heat, telephone, water, sanitary A. CONTRACTOR shall supervise, inspect, and facilities, temporary facilities, and all other facilities direct the Work competently and efficiently, devotin and incidentals necessary for the performance, such attention thereto and applying such skills and testing, start-up , and completion of the Work. expertise as may be necessaryto perform the Work in B. All materials and equipment incorporated into accordance with the Contract Documents . CON- TRACTOR shall be solely responsible for the means, the Work shall be as specified or, not specified, shall be of good quality and new, except as otherwise methods, techniques, sequences, and procedures of Provided in the Contract Documents. All warranties construction , but CONTRACTOR shall not be responsible for the negligence of OWNER or and guarantees specifically called for by the ENGINEER in the design or specification of a specific Specifications shall expressly run to the benefit of procedure OWNER. If required y ENGINEER, CONTRACTOR means, method, technique, sequence, or of construction which is shown or indicat d in and shall furnish satisfactory evidence (including reports of required tests) as q the source, kind, and quality of expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the materials and equipment. All materials and equipment shall be stored , applied, installed, completed Work complies accurately with the Contract Documents. connected, erected, protected , used, cleaned, and conditioned in accordance with instructions of the B . At all times during the progress of the Work, applicable Supplier, except as otherwise may be CONTRACTOR shall assign a competent resident Provided in the Contract Documents . superintendent thereto who shall not be replaced 6. 04 Progress Schedule without written notice to OWNER and ENGINEER except under extraordinary circumstances . The superintendent will be A. CONTRACTOR shall adhere the progress representative at the Site and shall have authoritybORo with schedule established in accordance with paragraph act on behalf of CONTRACTOR. All communications prov as it may be adjusted from time to time as given to or received from the superintendent shall be Provided below. binding on CONTRACTOR. 1 . CONTRACTOR shall submit to 6. 02 Labor,, Working Hours ENGINEER for acceptance (to the extent indi- cated in paragraph 2.07) proposed A. CONTRACTOR shall provide competent, adjustments in the progress schedule that will suitably qualified personnel to survey, lay out, Milestones).and not result ). changing the Contract Times rm construct the Work as required by the Contract Docu- Such adjustments will conform ments. CONTRACTOR shall at all times maintain generally to the progress schedule then in effect and additionally will comply with any good discipline and order at the Site. provisions of the General Requirements B. Except as otherwise required for the safety or applicable thereto. protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise 2 Proposed adjustments in the stated in the Contract Documents, all Work at the Site Progress schedule that will change the shall be performed during regular working hours, and Contract Times (or Milestones) shall is CONTRACTOR will not permit overtime work or the submitted in accordance with the requirements of Article 12. Such adjustments may only performance of Work on Saturday, Sunday, or an be il- legal holiday without OWNER's written consent made by a Change Order cl Written Amend- (which will not be unreasonably withheld) given after merit in accordance with Article 12. priorwritten notice to ENGINEER. 6. 05 Substitutes and "Or-Equals" 6 .03 Services, Materials, and Equipment A. Whenever an item of material or equipment is specified or described in the Contract Documents by eneral G A. Unless otherwise specified in the using the name of a proprietary item or the name of a and particular Supplier, the specification or description is Requirements, CONTRACTOR shall he G P intended to establish the type, function, appearance, assume full responsibility for all services , materials, equipment, labor, transportation , construction and quality required. Unless the specification or description contains or is followed by words reading F1Engineering%Capital ProjectsW01 IRC PARKS COMPLEVContract Documents EngVRC Parks Maintenance Com Iex100700 - 00]00 - General Conditions .doc P General Conditions .doc that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers c. The procedure for review by Eraph PP NEER will s as set forth in paragraph may be submitted to ENGINEER for review under the circumstances described below. Requirements is supplemented in the General Requirements and as ENGINEER may 1 . "Or-Equal Items: If in ENGINEER's circumstances.is appropriate under the sole discretion an item of material or equipment circumstances. proposed by CONTRACTOR is functionally d . CONTRACTOR shall first make equal to that named and sufficiently similar so written application to ENGINEER for review that no change in related Work will be required, of a proposed substitute item of material or t may be considered by ENGINEER as an equipment that CONTRACTOR seeks to "or-equal' item , in which case review and furnish or use. The application shall certify approval of the proposed item may, in that the proposed substitute item will ENGINEER's sole discretion, be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design, be similar in substance to that tute items. For the purposes of this paragraph specified, and be suited to the same use as 6.05.A. 1 , a proposed item of material or that specified. The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if: posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: i it is at least equal in ( ) of the proposed substitute item in the Work q quality, durability, will require a change in any of the Contract appearance, strength , and design Documents or in the characteristics ; (ii) it will reliablyperform at ( provisions of any p other direct contract with OWNER for work least equally well the function imposed by on the Project) to adapt the design to the the design concept of the completed Project proposed substitute item and whether or as a functioning whole, and; not incorporation or use of the proposed substitute item in connection with the Work b. CONTRACTOR certifies that: (i) is subject to payment of any license fee or there is no increase in cost to the OWNER; royalty. All variations of the proposed and (ii) it will conform substantially, even substitute item from that specified will be with deviations, to the detailed requirements identified in the application , and available of the item named in the Contract Documents, engineering, sales , maintenance, repair, and replacement services will be indicated. 2. Substitute Items The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such a . If in ENGINEER's sole discretion an substitute item, including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change, all of which will be "or-equal" item under paragraph 6.05.A. 1 , it considered by ENGINEER in evaluating the will be considered a proposed substitute tem . proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow B. Substitute Construction Methods or Proce- ENGINEER to determine that the item of dures: If a specific means, method, technique, se- material or equipment proposed is quence, or procedure of construction is shown or essentially equivalent to that named and an indicated in and expressly required by the Contract acceptable substitute therefor. Requests Documents, CONTRACTOR may furnish or utilize a for review of proposed substitute items of substitute means, method, technique, sequence , or material or equipment will not be accepted procedure of construction approved by ENGINEER. by ENGINEER from anyone other than CONTRACTOR shall submit sufficient information to CONTRACTOR. allow ENGINEER, in ENGINEER's sole discretion , to 00)00 - General Conditions doc F\Engineering\Capital Prgectsl0101 IRC PARKS COMPL EMContracl Documents Eng%IRO Parks MOaintenance Cam Iex100F00 - P General Conditions aoc that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers c. The procedure for review by Eraph PP NEER will s as set forth in paragraph may be submitted to ENGINEER for review under the circumstances described below. Requirements is supplemented in the General Requirements and as ENGINEER may 1 . "Or-Equal Items: If in ENGINEER's circumstances.is appropriate under the sole discretion an item of material or equipment circumstances. proposed by CONTRACTOR is functionally d . CONTRACTOR shall first make equal to that named and sufficiently similar so written application to ENGINEER for review that no change in related Work will be required, of a proposed substitute item of material or t may be considered by ENGINEER as an equipment that CONTRACTOR seeks to "or-equal' item , in which case review and furnish or use. The application shall certify approval of the proposed item may, in that the proposed substitute item will ENGINEER's sole discretion, be accomplished perform adequately the functions and without compliance with some or all of the achieve the results called for by the general requirements for approval of proposed substi- design, be similar in substance to that tute items. For the purposes of this paragraph specified, and be suited to the same use as 6.05.A. 1 , a proposed item of material or that specified. The application will state the equipment will be considered functionally equal extent, if any, to which the use of the pro- to an item so named if: posed substitute item will prejudice CONTRACTOR's achievement of Substan- a. in the exercise of reasonable tial Completion on time, whether or not use judgment ENGINEER determines that: i it is at least equal in ( ) of the proposed substitute item in the Work q quality, durability, will require a change in any of the Contract appearance, strength , and design Documents or in the characteristics ; (ii) it will reliablyperform at ( provisions of any p other direct contract with OWNER for work least equally well the function imposed by on the Project) to adapt the design to the the design concept of the completed Project proposed substitute item and whether or as a functioning whole, and; not incorporation or use of the proposed substitute item in connection with the Work b. CONTRACTOR certifies that: (i) is subject to payment of any license fee or there is no increase in cost to the OWNER; royalty. All variations of the proposed and (ii) it will conform substantially, even substitute item from that specified will be with deviations, to the detailed requirements identified in the application , and available of the item named in the Contract Documents, engineering, sales , maintenance, repair, and replacement services will be indicated. 2. Substitute Items The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such a . If in ENGINEER's sole discretion an substitute item, including costs of redesign item of material or equipment proposed by and claims of other contractors affected by CONTRACTOR does not qualify as an any resulting change, all of which will be "or-equal" item under paragraph 6.05.A. 1 , it considered by ENGINEER in evaluating the will be considered a proposed substitute tem . proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. b. CONTRACTOR shall submit suffi- cient information as provided below to allow B. Substitute Construction Methods or Proce- ENGINEER to determine that the item of dures: If a specific means, method, technique, se- material or equipment proposed is quence, or procedure of construction is shown or essentially equivalent to that named and an indicated in and expressly required by the Contract acceptable substitute therefor. Requests Documents, CONTRACTOR may furnish or utilize a for review of proposed substitute items of substitute means, method, technique, sequence , or material or equipment will not be accepted procedure of construction approved by ENGINEER. by ENGINEER from anyone other than CONTRACTOR shall submit sufficient information to CONTRACTOR. allow ENGINEER, in ENGINEER's sole discretion , to 00)00 - General Conditions doc F\Engineering\Capital Prgectsl0101 IRC PARKS COMPL EMContracl Documents Eng%IRO Parks MOaintenance Cam Iex100F00 - P General Conditions aoc determine that the substitute proposed is equivalent to advance for acceptance by OWNER by a specified that expressly called for by the Contract Documents. date prior to the Effective Date of the Agreement, and The procedure for review by ENGINEER will be if CONTRACTOR has submitted a list thereof in similar to that provided in subparagraph 6.05.A.2. accordance with the Supplementary Conditions , OWNER's acceptance (either in writing or by failing to C . Engineer's Evaluation: ENGINEER will be make written objection thereto by the date indicated allowed a reasonable time within which to evaluate for acceptance or objection in the Bidding Documents each proposal or submittal made pursuant to para- or the Contract Documents) of any such Subcon- graphs 6.05 .A and 6.05. B. ENGINEER will be the tractor, Supplier, or other individual or entity so sole judge of acceptability. No "or-equal" or substitute identified may be revoked on the basis of reasonable will be ordered, installed or utilized until ENGINEER's objection after due investigation. CONTRACTOR review is complete, which will be evidenced by either shall submit an acceptable replacement for the a Change Order for a substitute or an approved Shop rejected Subcontractor, Supplier, or other individual or Drawing for an "or equal." ENGINEER will advise entity, and the Contract Price will be adjusted by the CONTRACTOR in writing of any negative difference in the cost occasioned by such determination . replacement, and an appropriate Change Order will be issued or Written Amendment signed. No accep- D . Special Guarantee: OWNER may require tance by OWNER of any such Subcontractor, CONTRACTOR to furnish at CONTRACTOR's ex- Supplier, or other individual or entity, whether initially pense a special performance guarantee or other or as a replacement, shall constitute a waiver of any surety with respect to any substitute. right of OWNER or ENGINEER to reject defective E. ENGINEER's Cost Reimbursement: Work. ENGINEER will record time required by ENGINEER C . CONTRACTOR shall be fully responsible to and ENGINEER's Consultants in evaluating substitute OWNER and ENGINEER for all acts and omissions of proposed or submitted by CONTRACTOR pursuant to the. Subcontractors, Suppliers, and other individuals paragraphs 6.05 .A.2 and 6 .05.8 and in making or entities performing or furnishing any of the Work changes in the Contract Documents (or in the just as CONTRACTOR is responsible for provisions of any other direct contract with OWNER CONTRACTOR's own acts and omissions . Nothing for work on the Project) occasioned thereby. Whether in the Contract Documents shall create for the benefit or not ENGINEER approves a substitute item so pro- of any such Subcontractor, Supplier, or other posed or submitted by CONTRACTOR, CON- individual or entity any contractual relationship be- TRACTOR shall reimburse OWNER for the charges tween OWNER or ENGINEER and any such of ENGINEER and ENGINEER's Consultants for Subcontractor, Supplier or other individual or entity, evaluating each such proposed substitute. nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the F. CONTRACTOR's Expense: CONTRACTOR payment of any moneys due any such Subcontractor, shall provide all data in support of any proposed Supplier, or other individual or entity except as may substitute or "or-equal" at CONTRACTOR's expense. otherwise be required by Laws and Regulations. 6.06 Concerning Subcontractors, Suppliers, D. CONTRACTOR shall be solely responsible and Others for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities A. CONTRACTOR shall not employ any performing or furnishing any of the Work under a Subcontractor, Supplier, or other individual or entity director indirect contract with CONTRACTOR. (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a E. CONTRACTOR shall require all Subcontrac- replacement, against whom OWNER may have tors, Suppliers, and such other individuals or entities reasonable objection. CONTRACTOR shall not be performing or furnishing any of the Work to commu- required to employ any Subcontractor, Supplier, or nicate with ENGINEER through CONTRACTOR. other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- F. The divisions and sections of the Specifica- able objection. tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among B. If the Supplementary Conditions require the Subcontractors or Suppliers or delineating the Work identity of certain Subcontractors , Suppliers, or other to be performed by any specific trade. individuals or entities to be submitted to OWNER in 00700 - 21 00700 - General Conditions .doc FaEngineeringlCapital Projectsl0701 IRC PARKS CCMPLEX1Conlracl0ocuments Eng11RC Parks Maintenance Complex100700 - General Conditions .doc determine that the substitute proposed is equivalent to advance for acceptance by OWNER by a specified that expressly called for by the Contract Documents. date prior to the Effective Date of the Agreement, and The procedure for review by ENGINEER will be if CONTRACTOR has submitted a list thereof in similar to that provided in subparagraph 6.05.A.2. accordance with the Supplementary Conditions , OWNER's acceptance (either in writing or by failing to C . Engineer's Evaluation: ENGINEER will be make written objection thereto by the date indicated allowed a reasonable time within which to evaluate for acceptance or objection in the Bidding Documents each proposal or submittal made pursuant to para- or the Contract Documents) of any such Subcon- graphs 6.05 .A and 6.05. B. ENGINEER will be the tractor, Supplier, or other individual or entity so sole judge of acceptability. No "or-equal" or substitute identified may be revoked on the basis of reasonable will be ordered, installed or utilized until ENGINEER's objection after due investigation. CONTRACTOR review is complete, which will be evidenced by either shall submit an acceptable replacement for the a Change Order for a substitute or an approved Shop rejected Subcontractor, Supplier, or other individual or Drawing for an "or equal." ENGINEER will advise entity, and the Contract Price will be adjusted by the CONTRACTOR in writing of any negative difference in the cost occasioned by such determination . replacement, and an appropriate Change Order will be issued or Written Amendment signed. No accep- D . Special Guarantee: OWNER may require tance by OWNER of any such Subcontractor, CONTRACTOR to furnish at CONTRACTOR's ex- Supplier, or other individual or entity, whether initially pense a special performance guarantee or other or as a replacement, shall constitute a waiver of any surety with respect to any substitute. right of OWNER or ENGINEER to reject defective E. ENGINEER's Cost Reimbursement: Work. ENGINEER will record time required by ENGINEER C . CONTRACTOR shall be fully responsible to and ENGINEER's Consultants in evaluating substitute OWNER and ENGINEER for all acts and omissions of proposed or submitted by CONTRACTOR pursuant to the. Subcontractors, Suppliers, and other individuals paragraphs 6.05 .A.2 and 6 .05.8 and in making or entities performing or furnishing any of the Work changes in the Contract Documents (or in the just as CONTRACTOR is responsible for provisions of any other direct contract with OWNER CONTRACTOR's own acts and omissions . Nothing for work on the Project) occasioned thereby. Whether in the Contract Documents shall create for the benefit or not ENGINEER approves a substitute item so pro- of any such Subcontractor, Supplier, or other posed or submitted by CONTRACTOR, CON- individual or entity any contractual relationship be- TRACTOR shall reimburse OWNER for the charges tween OWNER or ENGINEER and any such of ENGINEER and ENGINEER's Consultants for Subcontractor, Supplier or other individual or entity, evaluating each such proposed substitute. nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the F. CONTRACTOR's Expense: CONTRACTOR payment of any moneys due any such Subcontractor, shall provide all data in support of any proposed Supplier, or other individual or entity except as may substitute or "or-equal" at CONTRACTOR's expense. otherwise be required by Laws and Regulations. 6.06 Concerning Subcontractors, Suppliers, D. CONTRACTOR shall be solely responsible and Others for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities A. CONTRACTOR shall not employ any performing or furnishing any of the Work under a Subcontractor, Supplier, or other individual or entity director indirect contract with CONTRACTOR. (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a E. CONTRACTOR shall require all Subcontrac- replacement, against whom OWNER may have tors, Suppliers, and such other individuals or entities reasonable objection. CONTRACTOR shall not be performing or furnishing any of the Work to commu- required to employ any Subcontractor, Supplier, or nicate with ENGINEER through CONTRACTOR. other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reason- F. The divisions and sections of the Specifica- able objection. tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among B. If the Supplementary Conditions require the Subcontractors or Suppliers or delineating the Work identity of certain Subcontractors , Suppliers, or other to be performed by any specific trade. individuals or entities to be submitted to OWNER in 00700 - 21 00700 - General Conditions .doc FaEngineeringlCapital Projectsl0701 IRC PARKS CCMPLEX1Conlracl0ocuments Eng11RC Parks Maintenance Complex100700 - General Conditions .doc G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an 6 .08 Permits appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds A. Unless otherwise provided in the Supple- the Subcontractor or Supplier to the applicable terms mentary Conditions, CONTRACTOR shall obtain and and conditions of the Contract Documents for the pay for all construction permits and licenses. OWN- benefit of OWNER and ENGINEER. Whenever any ER shall assist CONTRACTOR, when necessary, in such agreement is with a Subcontractor or Supplier obtaining such permits and licenses. CONTRACTOR who is listed as an additional insured on the property shall pay all governmental charges and inspection insurance provided in paragraph 5.06, the agreement fees necessary for the prosecution of the Work which between the CONTRACTOR and the Subcontractor are applicable at the time of opening of Bids, or, if or Supplier will contain provisions whereby the there are no Bids , on the Effective Date of the Subcontractor or Supplier waives all rights against Agreement. CONTRACTOR shall pay all charges of OWNER, CONTRACTOR, ENGINEER , ENGINEER's utility owners for connections to the Work, and Consultants, and all other individuals or entities OWNER shall pay all charges of such utility owners Identified in the Supplementary Conditions to be listed for capital costs related thereto, such as plant as insureds or additional insureds (and the officers , investment fees. directors, partners, employees, agents, and other consultants and subcontractors of each and any of 6 . 09 Laws and Regulations them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or A. CONTRACTOR shall give all notices and causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to property insurance applicable to the Work. If the the performance of the Work. Except where insurers on any such policies require separate waiver otherwise expressly required by applicable Laws and forms to be signed by any Subcontractor or Supplier, Regulations, neither OWNER nor ENGINEER shall CONTRACTOR will obtain the same. be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6 .07 Patent Fees and Royalties B. If CONTRACTOR performs any Work know- A. CONTRACTOR shall pay all license fees and ing or having reason to know that it is contrary to royalties and assume all costs incident to the use in Laws or Regulations, CONTRACTOR shall bear all the performance of the Work or the incorporation in claims , costs, losses, and damages (including but not the Work of any invention , design , process, product, limited to all fees and charges of engineers, or device which is the subject of patent rights or architects , attorneys, and other professionals and all copyrights held by others. If a particular invention , court or arbitration or other dispute resolution costs) design , process, product, or device is specified in the arising out of or relating to such Work; however, it Contract Documents for use in the performance of the shall not be CONTRACTOR's primary responsibility to Work and if to the actual knowledge of OWNER or make certain that the Specifications and Drawings are ENGINEER its use is subject to patent rights or in accordance with Laws and Regulations, but this copyrights calling for the payment of any license fee shall not relieve CONTRACTOR of CONTRACTOR's or royalty to others, the existence of such rights shall obligations under paragraph 3. 03 . be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regula- C. Changes in Laws or Regulations not known tions, CONTRACTOR shall indemnify and hold at the time of opening of Bids (or, on the Effective harmless OWNER, ENGINEER, ENGINEER's Date of the Agreement if there were no Bids) having Consultants, and the officers, directors, partners, an effect on the cost or time of performance of the employees or agents, and other consultants of each Work may be the subject of an adjustment in Contract and any of them from and against all claims, costs, Price or Contract Times. If OWNER and losses, and damages (including but not limited to all CONTRACTOR are unable to agree on entitlement to fees and charges of engineers , architects, attorneys, or on the amount or extent, if any, of any such and other professionals and all court or arbitration or adjustment, a Claim may be made therefor as other dispute resolution costs) arising out of or provided in paragraph 10.05. relating to any infringement of patent rights or copyrights incident to the use in the performance of 6 . 10 Taxes the Work or resulting from the incorporation in the Work of any invention, design , process, product, or A. CONTRACTOR shall pay all sales, consum- device not specified in the Contract Documents. er, use, and other similar taxes required to be 00700 - General Conditions .doc FaEngincering\Capilal Projects\0701 IRC PARKS COMPLEX1Conlrad Documents Eng11P000 - 22 C Parks Maintenance Com lex\00700 - P General Conditions .doc G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an 6 .08 Permits appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds A. Unless otherwise provided in the Supple- the Subcontractor or Supplier to the applicable terms mentary Conditions, CONTRACTOR shall obtain and and conditions of the Contract Documents for the pay for all construction permits and licenses. OWN- benefit of OWNER and ENGINEER. Whenever any ER shall assist CONTRACTOR, when necessary, in such agreement is with a Subcontractor or Supplier obtaining such permits and licenses. CONTRACTOR who is listed as an additional insured on the property shall pay all governmental charges and inspection insurance provided in paragraph 5.06, the agreement fees necessary for the prosecution of the Work which between the CONTRACTOR and the Subcontractor are applicable at the time of opening of Bids, or, if or Supplier will contain provisions whereby the there are no Bids , on the Effective Date of the Subcontractor or Supplier waives all rights against Agreement. CONTRACTOR shall pay all charges of OWNER, CONTRACTOR, ENGINEER , ENGINEER's utility owners for connections to the Work, and Consultants, and all other individuals or entities OWNER shall pay all charges of such utility owners Identified in the Supplementary Conditions to be listed for capital costs related thereto, such as plant as insureds or additional insureds (and the officers , investment fees. directors, partners, employees, agents, and other consultants and subcontractors of each and any of 6 . 09 Laws and Regulations them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or A. CONTRACTOR shall give all notices and causes of loss covered by such policies and any other comply with all Laws and Regulations applicable to property insurance applicable to the Work. If the the performance of the Work. Except where insurers on any such policies require separate waiver otherwise expressly required by applicable Laws and forms to be signed by any Subcontractor or Supplier, Regulations, neither OWNER nor ENGINEER shall CONTRACTOR will obtain the same. be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6 .07 Patent Fees and Royalties B. If CONTRACTOR performs any Work know- A. CONTRACTOR shall pay all license fees and ing or having reason to know that it is contrary to royalties and assume all costs incident to the use in Laws or Regulations, CONTRACTOR shall bear all the performance of the Work or the incorporation in claims , costs, losses, and damages (including but not the Work of any invention , design , process, product, limited to all fees and charges of engineers, or device which is the subject of patent rights or architects , attorneys, and other professionals and all copyrights held by others. If a particular invention , court or arbitration or other dispute resolution costs) design , process, product, or device is specified in the arising out of or relating to such Work; however, it Contract Documents for use in the performance of the shall not be CONTRACTOR's primary responsibility to Work and if to the actual knowledge of OWNER or make certain that the Specifications and Drawings are ENGINEER its use is subject to patent rights or in accordance with Laws and Regulations, but this copyrights calling for the payment of any license fee shall not relieve CONTRACTOR of CONTRACTOR's or royalty to others, the existence of such rights shall obligations under paragraph 3. 03 . be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regula- C. Changes in Laws or Regulations not known tions, CONTRACTOR shall indemnify and hold at the time of opening of Bids (or, on the Effective harmless OWNER, ENGINEER, ENGINEER's Date of the Agreement if there were no Bids) having Consultants, and the officers, directors, partners, an effect on the cost or time of performance of the employees or agents, and other consultants of each Work may be the subject of an adjustment in Contract and any of them from and against all claims, costs, Price or Contract Times. If OWNER and losses, and damages (including but not limited to all CONTRACTOR are unable to agree on entitlement to fees and charges of engineers , architects, attorneys, or on the amount or extent, if any, of any such and other professionals and all court or arbitration or adjustment, a Claim may be made therefor as other dispute resolution costs) arising out of or provided in paragraph 10.05. relating to any infringement of patent rights or copyrights incident to the use in the performance of 6 . 10 Taxes the Work or resulting from the incorporation in the Work of any invention, design , process, product, or A. CONTRACTOR shall pay all sales, consum- device not specified in the Contract Documents. er, use, and other similar taxes required to be 00700 - General Conditions .doc FaEngincering\Capilal Projects\0701 IRC PARKS COMPLEX1Conlrad Documents Eng11P000 - 22 C Parks Maintenance Com lex\00700 - P General Conditions .doc paid by CONTRACTOR in accordance with debris. Removal and disposal of such waste materi- the Laws and Regulations of the place of the als, rubbish , and other debris shall conform to applica- Project which are applicable during the ble Laws and Regulations. performance of the Work. C. ng: Prior to of B . OWNER qualifies for state and local sales tax the Work1eaniCONTRACTOR shalltantial clean the S teCompleoa and exemption in the purchase of all material and make it ready for utilization by OWNER. At the corn- equipment. pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment 6. 11 Use of Site and other Areas and machinery, and surplus materials and shall A. Limitation on Use of Site and Other Areas restore to original condition all property not designated for alteration by the Contract Documents . 1 . CONTRACTOR shall confine D. Loading Structures: CONTRACTOR shall construction equipment, the storage of not load nor permit any part of any structure to be materials and equipment, and the operations of loaded in any manner that will endanger the structure, workers to the Site and other areas permitted nor shall CONTRACTOR subject any part of the Work by Laws and Regulations, and shall not or adjacent property to stresses or pressures that will unreasonably encumber the Site and other endanger it. areas with construction equipment or other materials or equipment. CONTRACTOR shall 6. 12 Record Documents assume full responsibility for any damage to any such land or area , or to the owner or A. CONTRACTOR shall maintain in a safe place occupant thereof, or of any adjacent land or at the Site one record copy of all Drawings, Specifica- areas resulting from the performance of the tions , Addenda , Written Amendments, Change Work. Orders, Work Change Directives, Field Orders , and interpr order 2 . Should any claim be made by any and written annotated tios ancl crhanges ifs madeodduriing such owner or occupant because of the construction. These record documents together with performance of the Work, CONTRACTOR shall all approved Samples and a counterpart of all promptly settle with such other party by approved Shop Drawings will be available to ENGI- negotiation or otherwise resolve the claim by NEER for reference. Upon completion of the Work, arbitration or other dispute resolution these record documents, Samples, and Shop proceeding or at law. Drawings will be delivered to ENGINEER for 3. To the fullest extentOWNER. permitted by Laws and Regulations, CONTRACTOR shall 6 . 13 Safety and Protection indemnity and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the A. CONTRACTOR shall be solely responsible officers, directors, partners, employees, for initiating, maintaining and supervising all safety agents, and other consultants of each and any precautions and programs in connection with the of them from and against all claims, costs , Work. CONTRACTOR shall take all necessary losses, and damages (including but not limited precautions for the safety of, and shall provide the to all fees and charges of engineers, architects, necessary protection to prevent damage, injury or attorneys, and other professionals and all court loss to: or arbitration or other dispute resolution costs) arising out of or relating to any claim or action , 1 : all persons on the Site or who may legal or equitable , brought by any such owner be affected by the Work; or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the 2. all the Work and materials and equip- extent caused by or based upon ment to be incorporated therein , whether in CONTRACTOR's performance of the Work. storage on or off the Site; and B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- 3. other property at the Site or adjacent TOR shall keep the Site and other areas free from thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and accumulations of waste materials, rubbish, and other Underground Facilities not designated for 0 - 23 00700 - General Conditions .doc FAEngineering%Capital Projects10701 IRC PARKS COMPLE=cntract Documents Eng11RC Parrks Maintenance CompleAW700 - General Conditions .doc paid by CONTRACTOR in accordance with debris. Removal and disposal of such waste materi- the Laws and Regulations of the place of the als, rubbish , and other debris shall conform to applica- Project which are applicable during the ble Laws and Regulations. performance of the Work. C. ng: Prior to of B . OWNER qualifies for state and local sales tax the Work1eaniCONTRACTOR shalltantial clean the S teCompleoa and exemption in the purchase of all material and make it ready for utilization by OWNER. At the corn- equipment. pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment 6. 11 Use of Site and other Areas and machinery, and surplus materials and shall A. Limitation on Use of Site and Other Areas restore to original condition all property not designated for alteration by the Contract Documents . 1 . CONTRACTOR shall confine D. Loading Structures: CONTRACTOR shall construction equipment, the storage of not load nor permit any part of any structure to be materials and equipment, and the operations of loaded in any manner that will endanger the structure, workers to the Site and other areas permitted nor shall CONTRACTOR subject any part of the Work by Laws and Regulations, and shall not or adjacent property to stresses or pressures that will unreasonably encumber the Site and other endanger it. areas with construction equipment or other materials or equipment. CONTRACTOR shall 6. 12 Record Documents assume full responsibility for any damage to any such land or area , or to the owner or A. CONTRACTOR shall maintain in a safe place occupant thereof, or of any adjacent land or at the Site one record copy of all Drawings, Specifica- areas resulting from the performance of the tions , Addenda , Written Amendments, Change Work. Orders, Work Change Directives, Field Orders , and interpr order 2 . Should any claim be made by any and written annotated tios ancl crhanges ifs madeodduriing such owner or occupant because of the construction. These record documents together with performance of the Work, CONTRACTOR shall all approved Samples and a counterpart of all promptly settle with such other party by approved Shop Drawings will be available to ENGI- negotiation or otherwise resolve the claim by NEER for reference. Upon completion of the Work, arbitration or other dispute resolution these record documents, Samples, and Shop proceeding or at law. Drawings will be delivered to ENGINEER for 3. To the fullest extentOWNER. permitted by Laws and Regulations, CONTRACTOR shall 6 . 13 Safety and Protection indemnity and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the A. CONTRACTOR shall be solely responsible officers, directors, partners, employees, for initiating, maintaining and supervising all safety agents, and other consultants of each and any precautions and programs in connection with the of them from and against all claims, costs , Work. CONTRACTOR shall take all necessary losses, and damages (including but not limited precautions for the safety of, and shall provide the to all fees and charges of engineers, architects, necessary protection to prevent damage, injury or attorneys, and other professionals and all court loss to: or arbitration or other dispute resolution costs) arising out of or relating to any claim or action , 1 : all persons on the Site or who may legal or equitable , brought by any such owner be affected by the Work; or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the 2. all the Work and materials and equip- extent caused by or based upon ment to be incorporated therein , whether in CONTRACTOR's performance of the Work. storage on or off the Site; and B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- 3. other property at the Site or adjacent TOR shall keep the Site and other areas free from thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and accumulations of waste materials, rubbish, and other Underground Facilities not designated for 0 - 23 00700 - General Conditions .doc FAEngineering%Capital Projects10701 IRC PARKS COMPLE=cntract Documents Eng11RC Parrks Maintenance CompleAW700 - General Conditions .doc removal, relocation, or replacement in the A. In emergencies affecting the safety or protec- course of construction . tion of persons or the Work or property at the Site or adjacenB. CONTRACTOR shall comply with all applica- Prevent t thereto,threatened NTdamage, is jury, edor act s- ble Laws and Regulations relating to the safety of CONTRACTOR shall give ENGINEER prompt written persons or property, or to the protection of persons or notice if CONTRACTOR believes that any significant property from damage, injury, or loss; and shall erect changes in the Work or variations from the Contract and maintain all necessary safeguards for such safety Documents have been caused thereby or are and protection. CONTRACTOR shall notify owners of required as a result thereof. If ENGINEER adjacent property and of Underground Facilities and determines that a change in the Contract Documents other utility owners when prosecution of the Work is required because of the action taken by may affect them, and shall cooperate with them in the CONTRACTOR in response to such an emergency, a protection, removal, relocation, and replacement of Work Change Directive or Change Order will be their property. All damage , injury, or loss to any issued. property referred to in paragraph 6. 13.A2 or 6 . 13.A.3 caused, directly or indirectly, in whole or in part, by 6. 17 Shop Drawings and Samples CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed A. CONTRACTOR shall submit Shop Drawings by any of them to perform any of the Work, or anyone to ENGINEER for review and approval in accordance for whose acts any of them may be liable, shall be with the acceptable schedule of Shop Drawings and remedied by CONTRACTOR (except damage or loss Sample submittals. All submittals will be identified as attributable to the fault of Drawings or Specifications ENGINEER may require and in the number of copies or to the acts or omi§sions of OWNER or ENGINEER specified in the General Requirements . The data or ENGINEER's Consultant, or anyone employed by shown on the Shop Drawings will be complete with any of them , or anyone for whose acts any of them respect to quantities, dimensions, specified perfor- may be liable, and not attributable, directly or mance and design criteria, materials, and similar data indirectly, in whole or in part, to the fault or negligence to show ENGINEER the services, materials, and of CONTRACTOR or any Subcontractor, Supplier, or equipment CONTRACTOR proposes to provide and other individual or entity directly or indirectly employed to enable ENGINEER to review the information for the by any of them). CONTRACTOR's duties and limited purposes required by paragraph 6. 17. E. responsibilities for safety and for protection of the Work shall continue until such time as all the Work is B. CONTRACTOR shall also submit Samples to completed and ENGINEER has issued a notice to ENGINEER for review and approval in accordance OWNER and CONTRACTOR in accordance with with the acceptable schedule of Shop Drawings and paragraph 14.07.6 that the Work is acceptable Sample submittals. Each Sample will be identified (except as otherwise expressly provided in connection clearly as to material, Supplier, pertinent data such as with Substantial Completion ). catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable 6 . 14 Safety Representative ENGINEER to review the submittal for the limited purposes required by paragraph 6. 17. E . The numbers A. CONTRACTOR shall designate a qualified of each Sample to be submitted will be as specified in and experienced safety representative at the Site the Specifications. whose duties and responsibilities shall be the prevention of accidents and the maintaining and C. Where a Shop Drawing or Sample is required supervising of safety precautions and programs. by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- 6. 15 Hazard Communication Programs NEER as required by paragraph 2. 07, any related Work performed prior to ENGINEER's review and A. CONTRACTOR shall be responsible for approval of the pertinent submittal will be at the sole coordinating any exchange of material safety data expense and responsibility of CONTRACTOR. sheets or other hazard communication information required to be made available to or exchanged be- D. Submittal Procedures tween or among employers at the Site in accordance with Laws or Regulations. 1 . Before submitting each Shop Drawing or Sample, CONTRACTOR shall have 6. 16 Emergencies determined and verified : _00 - 24 00700 - General Condiliors eoc F:Tngineenng%Capital Projeotsnt7oi IRC PARKS COMPLE=onlracl Documents EagVRC Parks Maintenance Com IexW07D0 - F General Conditions doc removal, relocation, or replacement in the A. In emergencies affecting the safety or protec- course of construction . tion of persons or the Work or property at the Site or adjacenB. CONTRACTOR shall comply with all applica- Prevent t thereto,threatened NTdamage, is jury, edor act s- ble Laws and Regulations relating to the safety of CONTRACTOR shall give ENGINEER prompt written persons or property, or to the protection of persons or notice if CONTRACTOR believes that any significant property from damage, injury, or loss; and shall erect changes in the Work or variations from the Contract and maintain all necessary safeguards for such safety Documents have been caused thereby or are and protection. CONTRACTOR shall notify owners of required as a result thereof. If ENGINEER adjacent property and of Underground Facilities and determines that a change in the Contract Documents other utility owners when prosecution of the Work is required because of the action taken by may affect them, and shall cooperate with them in the CONTRACTOR in response to such an emergency, a protection, removal, relocation, and replacement of Work Change Directive or Change Order will be their property. All damage , injury, or loss to any issued. property referred to in paragraph 6. 13.A2 or 6 . 13.A.3 caused, directly or indirectly, in whole or in part, by 6. 17 Shop Drawings and Samples CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed A. CONTRACTOR shall submit Shop Drawings by any of them to perform any of the Work, or anyone to ENGINEER for review and approval in accordance for whose acts any of them may be liable, shall be with the acceptable schedule of Shop Drawings and remedied by CONTRACTOR (except damage or loss Sample submittals. All submittals will be identified as attributable to the fault of Drawings or Specifications ENGINEER may require and in the number of copies or to the acts or omi§sions of OWNER or ENGINEER specified in the General Requirements . The data or ENGINEER's Consultant, or anyone employed by shown on the Shop Drawings will be complete with any of them , or anyone for whose acts any of them respect to quantities, dimensions, specified perfor- may be liable, and not attributable, directly or mance and design criteria, materials, and similar data indirectly, in whole or in part, to the fault or negligence to show ENGINEER the services, materials, and of CONTRACTOR or any Subcontractor, Supplier, or equipment CONTRACTOR proposes to provide and other individual or entity directly or indirectly employed to enable ENGINEER to review the information for the by any of them). CONTRACTOR's duties and limited purposes required by paragraph 6. 17. E. responsibilities for safety and for protection of the Work shall continue until such time as all the Work is B. CONTRACTOR shall also submit Samples to completed and ENGINEER has issued a notice to ENGINEER for review and approval in accordance OWNER and CONTRACTOR in accordance with with the acceptable schedule of Shop Drawings and paragraph 14.07.6 that the Work is acceptable Sample submittals. Each Sample will be identified (except as otherwise expressly provided in connection clearly as to material, Supplier, pertinent data such as with Substantial Completion ). catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable 6 . 14 Safety Representative ENGINEER to review the submittal for the limited purposes required by paragraph 6. 17. E . The numbers A. CONTRACTOR shall designate a qualified of each Sample to be submitted will be as specified in and experienced safety representative at the Site the Specifications. whose duties and responsibilities shall be the prevention of accidents and the maintaining and C. Where a Shop Drawing or Sample is required supervising of safety precautions and programs. by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- 6. 15 Hazard Communication Programs NEER as required by paragraph 2. 07, any related Work performed prior to ENGINEER's review and A. CONTRACTOR shall be responsible for approval of the pertinent submittal will be at the sole coordinating any exchange of material safety data expense and responsibility of CONTRACTOR. sheets or other hazard communication information required to be made available to or exchanged be- D. Submittal Procedures tween or among employers at the Site in accordance with Laws or Regulations. 1 . Before submitting each Shop Drawing or Sample, CONTRACTOR shall have 6. 16 Emergencies determined and verified : _00 - 24 00700 - General Condiliors eoc F:Tngineenng%Capital Projeotsnt7oi IRC PARKS COMPLE=onlracl Documents EagVRC Parks Maintenance Com IexW07D0 - F General Conditions doc a. all field measurements, quantities, dimensions, specified performance criteria, 2. ENGINEER's review and approval installation requirements, materials, catalog will not extend to means, methods, techniques, numbers, and similar information with sequences, or procedures of construction respect thereto; (except where a particular means, method, technique, sequence, or procedure of con- b. all materials with respect to intended struction is specifically and expressly called for use, fabrication , shipping , handling, storage, by the Contract Documents) or to safety assembly, and installation pertaining to the precautions or programs incident thereto. The performance of the Work; review and approval of a separate item as such will not indicate approval of the assembly in c. all information relative to means, which the item functions. methods , techniques , sequences, and procedures of construction and safety 3. ENGINEER's review and approval of Precautions and programs incident thereto; Shop Drawings or Samples shall not relieve and CONTRACTOR from responsibility for any variation from the requirements of the Contract Cl. CONTRACTOR shall also have Documents unless CONTRACTOR has in reviewed and coordinated each Shop writing called ENGINEER's attention to each Drawing or Sample with other Shop such variation at the time of each submittal as Drawings and Samples and with the required by paragraph 6. 17. D.3 and ENGI- requirements of the Work and the Contract NEER has given written approval of each such Documents. variation by specific written notation thereof incorporated in or accompanying the Shop 2. Each submittal shall bear a stamp or TRACTOR ffrr Drawingor Sample a specific written indication that CONTRACTOR pproval; nor will any has satisfied CONTRACTOR's obli ations approvaa P l ENGINEER relieve CON- 9 om responsibility for complying under the Contract Documents with respect to with the requirements of paragraph 6. 17. D . 1 . CONTRACTOR's review and approval of that submittal . F. Resubmittal Procedures 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific I . CONTRACTOR shall make correc- P tions required by ENGINEER and shall return written notice of such variations , if any, that the the required number of corrected copies of Shop Drawing or Sample submitted may have Shop Drawings and submit as required new from the requirements of the Contract Documents , such notice to be in a written com- Samples for review and approval . CON- Documents , separate from the submittal ; and , in TRACTOR shall direct specific attention in specific notation to be writing to revisions other than the corrections addition , shall cause a called for by ENGINEER on previous made on each Shop Drawing and Sample sub- submittals. approval mitted to ENGINEER for review and a of each such variation. 6. 18 Continuing the Work E. ENGINEER's Review A. CONTRACTOR shall carry on the Work and adhere to the 1 . or ENGINEER will timely review and dsagreementsrwithsOWNERIedNon orkg allispshallsbe approve Shop Drawings and Samples in delayed or Postponed pending resolution of any accordance with the schedule of Shop disputes or disagreements, except as permitted by Drawings and Sample submittals acceptable to paragraph 15.04 or as OWNER and CONTRACTOR ENGINEER. ENGINEER's review and may otherwise agree in writing. approval will be only to determine if the items covered by the submittals will , after installation 6. 19 CONTRACTOR 's General Warranty and or incorporation in the Work, conform to the Guarantee information given in the Contract Documents and be compatible with the design concept of A. CONTRACTOR warrants and guarantees to the completed Project as a functioning whole OWNER, ENGINEER, and ENGINEER's Consultants as indicated by the Contract Documents. that all Work will be in accordance with the Contract 00700 - 25 D0700 - General Conditions .doe F:TngineennglCapital Projecla10701 IRC PARKS COMPLE)Wortract Doaments Eng11RC Parks Maintenance CompleAO0700 - General Conditions doe a. all field measurements, quantities, dimensions, specified performance criteria, 2. ENGINEER's review and approval installation requirements, materials, catalog will not extend to means, methods, techniques, numbers, and similar information with sequences, or procedures of construction respect thereto; (except where a particular means, method, technique, sequence, or procedure of con- b. all materials with respect to intended struction is specifically and expressly called for use, fabrication , shipping , handling, storage, by the Contract Documents) or to safety assembly, and installation pertaining to the precautions or programs incident thereto. The performance of the Work; review and approval of a separate item as such will not indicate approval of the assembly in c. all information relative to means, which the item functions. methods , techniques , sequences, and procedures of construction and safety 3. ENGINEER's review and approval of Precautions and programs incident thereto; Shop Drawings or Samples shall not relieve and CONTRACTOR from responsibility for any variation from the requirements of the Contract Cl. CONTRACTOR shall also have Documents unless CONTRACTOR has in reviewed and coordinated each Shop writing called ENGINEER's attention to each Drawing or Sample with other Shop such variation at the time of each submittal as Drawings and Samples and with the required by paragraph 6. 17. D.3 and ENGI- requirements of the Work and the Contract NEER has given written approval of each such Documents. variation by specific written notation thereof incorporated in or accompanying the Shop 2. Each submittal shall bear a stamp or TRACTOR ffrr Drawingor Sample a specific written indication that CONTRACTOR pproval; nor will any has satisfied CONTRACTOR's obli ations approvaa P l ENGINEER relieve CON- 9 om responsibility for complying under the Contract Documents with respect to with the requirements of paragraph 6. 17. D . 1 . CONTRACTOR's review and approval of that submittal . F. Resubmittal Procedures 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific I . CONTRACTOR shall make correc- P tions required by ENGINEER and shall return written notice of such variations , if any, that the the required number of corrected copies of Shop Drawing or Sample submitted may have Shop Drawings and submit as required new from the requirements of the Contract Documents , such notice to be in a written com- Samples for review and approval . CON- Documents , separate from the submittal ; and , in TRACTOR shall direct specific attention in specific notation to be writing to revisions other than the corrections addition , shall cause a called for by ENGINEER on previous made on each Shop Drawing and Sample sub- submittals. approval mitted to ENGINEER for review and a of each such variation. 6. 18 Continuing the Work E. ENGINEER's Review A. CONTRACTOR shall carry on the Work and adhere to the 1 . or ENGINEER will timely review and dsagreementsrwithsOWNERIedNon orkg allispshallsbe approve Shop Drawings and Samples in delayed or Postponed pending resolution of any accordance with the schedule of Shop disputes or disagreements, except as permitted by Drawings and Sample submittals acceptable to paragraph 15.04 or as OWNER and CONTRACTOR ENGINEER. ENGINEER's review and may otherwise agree in writing. approval will be only to determine if the items covered by the submittals will , after installation 6. 19 CONTRACTOR 's General Warranty and or incorporation in the Work, conform to the Guarantee information given in the Contract Documents and be compatible with the design concept of A. CONTRACTOR warrants and guarantees to the completed Project as a functioning whole OWNER, ENGINEER, and ENGINEER's Consultants as indicated by the Contract Documents. that all Work will be in accordance with the Contract 00700 - 25 D0700 - General Conditions .doe F:TngineennglCapital Projecla10701 IRC PARKS COMPLE)Wortract Doaments Eng11RC Parks Maintenance CompleAO0700 - General Conditions doe Documents and will not be defective. engineers, architects, attorneys, and other CONTRACTOR's warranty and guarantee hereunder Professionals and all court or arbitration or other excludes defects or damage caused by: dispute resolution costs) arising out of or relating to the perforance of the 1 . abuse , modification , or improper claim , cost,loss , or damagerk, provided that any such maintenance or operation by persons other than CONTRACTOR, Subcontractors , Suppliers, or any other individual or entit for 1 is attributable to bodily injury, Y sickness, disease, or death , or to injury to or, whom CONTRACTOR is responsible; or destruction of tangible property (other than the Work itself), including the loss of use resulting 2. normal wear and tear under normal therefrom; and usage. B. CONTRACTOR'S obligation to perform and 2 is caused in whole or in part by any complete the Work in accordance with the Contract negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any Documents shall be absolute. None of the following individual or entity directly r indirectly will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release employed by any of them to perfom acts a any of the Work of CONTRACTOR's obligation to perform the Work in anyone for whose acts any of them accordance with the Contract Documents: may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder 1 . observations by ENGINEER; or whether liability is imposed upon such indemnified party by Laws and Regulations 2 . recommendation by ENGINEER or regardless of the negligence of any such payment by OWNER of any progress or final individual or entity. payment; B. In any and all claims against OWNER or 3 . the issuance of a certificate of Sub- ENGINEER or any of their respective consultants , stantial Completion by ENGINEER or any agents, officers, directors, partners, or employees by payment related thereto by OWNER; any employee (or the survivor or personal representative of such employee) of CONTRACTOR, 4 . use or occupancy of the Work or any any Subcontractor, any Supplier, or any individual or part thereof by OWNER; entity directly or indirectly employed by any of them to perform any of the Work , or anyone for whose acts 5. any acceptance by OWNER or any any of them may be liable, the indemnification failure to do so; obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of 6. any review and approval of a Shop damages, compensation , or benefits payable by or for Drawing or Sample submittal or the issuance of CONTRACTOR or any such Subcontractor, Supplier, a notice of acceptability by ENGINEER; or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee 7. any inspection , test, or approval by benefit acts . others; or C . The indemnification obligations of CON- S . any correction of defective Work by TRACTOR under paragraph 6.20.A shall not extend OWNER. to the liability of ENGINEER and ENGINEER's 6.20 Indemnification Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's 1 • the preparation or approval ra or the Consultants, and the officers, directors, partners, failure to prepare or approve, maps , Drawings, p opinions, reports , surveys, Change Orders, employees , agents, and other consultants and subcontractors of each and any of them from and designs , or Specifications; or against all claims, costs, losses, and damages (including but not limited to all fees and charges of OW 00 - General Contlifnns .Coc F9EngineeringlCapilaf ProjeclslD]01 IRC PARKS COMPk EMConVact Documents Engl:RoC ParrksMaintenance Com Iex)00]00 - p General Conditions can Documents and will not be defective. engineers, architects, attorneys, and other CONTRACTOR's warranty and guarantee hereunder Professionals and all court or arbitration or other excludes defects or damage caused by: dispute resolution costs) arising out of or relating to the perforance of the 1 . abuse , modification , or improper claim , cost,loss , or damagerk, provided that any such maintenance or operation by persons other than CONTRACTOR, Subcontractors , Suppliers, or any other individual or entit for 1 is attributable to bodily injury, Y sickness, disease, or death , or to injury to or, whom CONTRACTOR is responsible; or destruction of tangible property (other than the Work itself), including the loss of use resulting 2. normal wear and tear under normal therefrom; and usage. B. CONTRACTOR'S obligation to perform and 2 is caused in whole or in part by any complete the Work in accordance with the Contract negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any Documents shall be absolute. None of the following individual or entity directly r indirectly will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release employed by any of them to perfom acts a any of the Work of CONTRACTOR's obligation to perform the Work in anyone for whose acts any of them accordance with the Contract Documents: may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder 1 . observations by ENGINEER; or whether liability is imposed upon such indemnified party by Laws and Regulations 2 . recommendation by ENGINEER or regardless of the negligence of any such payment by OWNER of any progress or final individual or entity. payment; B. In any and all claims against OWNER or 3 . the issuance of a certificate of Sub- ENGINEER or any of their respective consultants , stantial Completion by ENGINEER or any agents, officers, directors, partners, or employees by payment related thereto by OWNER; any employee (or the survivor or personal representative of such employee) of CONTRACTOR, 4 . use or occupancy of the Work or any any Subcontractor, any Supplier, or any individual or part thereof by OWNER; entity directly or indirectly employed by any of them to perform any of the Work , or anyone for whose acts 5. any acceptance by OWNER or any any of them may be liable, the indemnification failure to do so; obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of 6. any review and approval of a Shop damages, compensation , or benefits payable by or for Drawing or Sample submittal or the issuance of CONTRACTOR or any such Subcontractor, Supplier, a notice of acceptability by ENGINEER; or other individual or entity under workers' compen- sation acts, disability benefit acts, or other employee 7. any inspection , test, or approval by benefit acts . others; or C . The indemnification obligations of CON- S . any correction of defective Work by TRACTOR under paragraph 6.20.A shall not extend OWNER. to the liability of ENGINEER and ENGINEER's 6.20 Indemnification Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's 1 • the preparation or approval ra or the Consultants, and the officers, directors, partners, failure to prepare or approve, maps , Drawings, p opinions, reports , surveys, Change Orders, employees , agents, and other consultants and subcontractors of each and any of them from and designs , or Specifications; or against all claims, costs, losses, and damages (including but not limited to all fees and charges of OW 00 - General Contlifnns .Coc F9EngineeringlCapilaf ProjeclslD]01 IRC PARKS COMPk EMConVact Documents Engl:RoC ParrksMaintenance Com Iex)00]00 - p General Conditions can 2. giving directions or instructions, or formed by others under this Article 7, CONTRACTOR failing to give them, if that is the primary cause shall inspect such other work and promptly report to of the injury or damage. ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of ARTICLE 7 - OTHER WORK CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other — work as fit and proper for integration with CONTRACTOR's Work except for latent defects and 7 .01 Related Work at Site deficiencies in such other work. A. OWNER may perform other work related to 7.02 Coordination the Project at the Site by OWNER's employees , or let other direct contracts therefor, or have other work A. If OWNER intends to contract with others for performed by utility owners. If such other work is not the performance of other work on the Project at the noted in the Contract Documents, then: Site, the following will be set forth in Supplementary 1 . written notice thereof will be given to Conditions: CONTRACTOR prior to starting any such other 1 . the individual or entity who will have work; and authority and responsibility for coordination of the activities among the various contractors will 2. if OWNER. and CONTRACTOR are be identified; unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in 2. the specific matters to be covered by the Contract Price or Contract Times that such authority and responsibility will be should be allowed as a result of such other itemized ; and work, a Claim may be made therefor as provided in paragraph 10.05. 3. the extent of such authority and B . CONTRACTOR shall afford each other responsibilities will be provided . contractor who is a party to such a direct contract and B. Unless otherwise provided in the each utility owner (and OWNER, if OWNER is per- Supplementary Conditions, OWNER shall have sole forming the other work with OWNER's employees) authority and responsibility for such coordination . proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such ARTICLE 8 - OWNER'S RESPONSIBILITIES other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting , fitting, and patching of the Work that may be required 8. 01 Communications to Contractor to properly connect or otherwise make its several parts come together and properly integrate with such A. Except as otherwise provided in these other work. CONTRACTOR shall not endanger any General Conditions, OWNER shall issue all communi- work of others by cutting , excavating, or otherwise cations to CONTRACTOR through ENGINEER. altering their work and will only cut or alter their work with the written consent of ENGINEER and the others 8.02 Replacement of ENGINEER whose work will be affected. The duties and responsibilities of CONTRACTOR under this A. In case of termination of the employment of paragraph are for the benefit of such utility owners ENGINEER, OWNER shall appoint an engineer to and other contractors to the extent that there are whom CONTRACTOR makes no reasonable comparable provisions for the benefit of objection, whose status under the Contract CONTRACTOR in said direct contracts between Documents shall be that of the former ENGINEER. OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- 700 - 27 00700 - General Conditions .doc F; EngineednglCspital PmjectsW701 IRC PARKS COMPLEnContract Documents Eng\IRC Parks Maintenance Com Iex\00700 - p General Condi[ions .doc 2. giving directions or instructions, or formed by others under this Article 7, CONTRACTOR failing to give them, if that is the primary cause shall inspect such other work and promptly report to of the injury or damage. ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of ARTICLE 7 - OTHER WORK CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other — work as fit and proper for integration with CONTRACTOR's Work except for latent defects and 7 .01 Related Work at Site deficiencies in such other work. A. OWNER may perform other work related to 7.02 Coordination the Project at the Site by OWNER's employees , or let other direct contracts therefor, or have other work A. If OWNER intends to contract with others for performed by utility owners. If such other work is not the performance of other work on the Project at the noted in the Contract Documents, then: Site, the following will be set forth in Supplementary 1 . written notice thereof will be given to Conditions: CONTRACTOR prior to starting any such other 1 . the individual or entity who will have work; and authority and responsibility for coordination of the activities among the various contractors will 2. if OWNER. and CONTRACTOR are be identified; unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in 2. the specific matters to be covered by the Contract Price or Contract Times that such authority and responsibility will be should be allowed as a result of such other itemized ; and work, a Claim may be made therefor as provided in paragraph 10.05. 3. the extent of such authority and B . CONTRACTOR shall afford each other responsibilities will be provided . contractor who is a party to such a direct contract and B. Unless otherwise provided in the each utility owner (and OWNER, if OWNER is per- Supplementary Conditions, OWNER shall have sole forming the other work with OWNER's employees) authority and responsibility for such coordination . proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such ARTICLE 8 - OWNER'S RESPONSIBILITIES other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting , fitting, and patching of the Work that may be required 8. 01 Communications to Contractor to properly connect or otherwise make its several parts come together and properly integrate with such A. Except as otherwise provided in these other work. CONTRACTOR shall not endanger any General Conditions, OWNER shall issue all communi- work of others by cutting , excavating, or otherwise cations to CONTRACTOR through ENGINEER. altering their work and will only cut or alter their work with the written consent of ENGINEER and the others 8.02 Replacement of ENGINEER whose work will be affected. The duties and responsibilities of CONTRACTOR under this A. In case of termination of the employment of paragraph are for the benefit of such utility owners ENGINEER, OWNER shall appoint an engineer to and other contractors to the extent that there are whom CONTRACTOR makes no reasonable comparable provisions for the benefit of objection, whose status under the Contract CONTRACTOR in said direct contracts between Documents shall be that of the former ENGINEER. OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- 700 - 27 00700 - General Conditions .doc F; EngineednglCspital PmjectsW701 IRC PARKS COMPLEnContract Documents Eng\IRC Parks Maintenance Com Iex\00700 - p General Condi[ions .doc 8. 03 Furnish Data 8. 10 Undisclosed Hazardous Environmental Condition A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is 8. 04 Pay Promptly When Due set forth in paragraph 4 .06. A. OWNER shall make payments to CONTRAC- 8. 11 Evidence of Financial Arrangements TOR promptly when they are due as provided in paragraphs 14.02 .0 and 14.07.C. A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 8 .05 Lands and Easements., Reports and Tests financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, A. OWNER's duties in respect of providing lands OWNER's responsibility in respect thereof will be as and easements and providing engineering surveys to set forth in the Supplementary Conditions. establish reference points are set forth in paragraphs 4 . 01 and 4. 05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR ARTICLE 9 - ENGINEER'S STATUS DURING copies of reports of explorations and tests of CONSTRUCTION subsurface conditions and drawings of physical conditions in or relating to existing surface or _ subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the 9.01 OWNER'S Representative Contract Documents. A. ENGINEER will be OWNER's representative 8. 06 Insurance during the construction period . The duties and responsibilities and the limitations of authority of A. OWNER's responsibilities, if any, in respect ENGINEER as OWNER's representative during to purchasing and maintaining liability and property construction are set forth in the Contract Documents insurance are set forth in Article 5. and will not be changed without written consent of 8. 07 Change Orders OWNER and ENGINEER. A. OWNER is obligated to execute Change 9 .02 Visits to Site Orders as indicated in paragraph 10.03. A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of 8.08 Inspections, Tests, and Approvals construction as ENGINEER deems necessary in order to observe as an experienced and qualified A. OWNER's responsibility in respect to certain design professional the progress that has been made inspections, tests, and approvals is set forth in and the quality of the various aspects of paragraph 13.03 . B . CONTRACTOR's executed Work. Based on informa- tion obtained during such visits and observations, 8 .09 Limitations on OWNER's Responsibilities ENGINEER, for the benefit of OWNER, will determine, in general , if the Work is proceeding in A. The OWNER shall not supervise, direct, or accordance with the Contract Documents. have control or authority over, nor be responsible for, ENGINEER will not be required to make exhaustive or CONTRACTOR's means, methods , techniques, se- continuous inspections on the Site to check the quences, or procedures of construction, or the safety quality or quantity of the Work. ENGINEER's efforts precautions and programs incident thereto, or for any will be directed toward providing for OWNER a failure of CONTRACTOR to comply with Laws and greater degree of confidence that the completed Work Regulations applicable to the performance of the will conform generally to the Contract Documents. On Work. OWNER will not be responsible for the basis of such visits and observations, ENGINEER CONTRACTOR's failure to perform the Work in will keep OWNER informed of the progress of the accordance with the Contract Documents. Work and will endeavor to guard OWNER against defective Work. . F\Engineering\Capital Pmjeclsl0]01 IRC PARKS COMPLEMConUact Documents Eng\I00700 - 28 00700 - General Conditions tloc RC Parks Maintenance Comple/00700 - General Conditions .doc 8. 03 Furnish Data 8. 10 Undisclosed Hazardous Environmental Condition A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is 8. 04 Pay Promptly When Due set forth in paragraph 4 .06. A. OWNER shall make payments to CONTRAC- 8. 11 Evidence of Financial Arrangements TOR promptly when they are due as provided in paragraphs 14.02 .0 and 14.07.C. A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that 8 .05 Lands and Easements., Reports and Tests financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, A. OWNER's duties in respect of providing lands OWNER's responsibility in respect thereof will be as and easements and providing engineering surveys to set forth in the Supplementary Conditions. establish reference points are set forth in paragraphs 4 . 01 and 4. 05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR ARTICLE 9 - ENGINEER'S STATUS DURING copies of reports of explorations and tests of CONSTRUCTION subsurface conditions and drawings of physical conditions in or relating to existing surface or _ subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the 9.01 OWNER'S Representative Contract Documents. A. ENGINEER will be OWNER's representative 8. 06 Insurance during the construction period . The duties and responsibilities and the limitations of authority of A. OWNER's responsibilities, if any, in respect ENGINEER as OWNER's representative during to purchasing and maintaining liability and property construction are set forth in the Contract Documents insurance are set forth in Article 5. and will not be changed without written consent of 8. 07 Change Orders OWNER and ENGINEER. A. OWNER is obligated to execute Change 9 .02 Visits to Site Orders as indicated in paragraph 10.03. A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of 8.08 Inspections, Tests, and Approvals construction as ENGINEER deems necessary in order to observe as an experienced and qualified A. OWNER's responsibility in respect to certain design professional the progress that has been made inspections, tests, and approvals is set forth in and the quality of the various aspects of paragraph 13.03 . B . CONTRACTOR's executed Work. Based on informa- tion obtained during such visits and observations, 8 .09 Limitations on OWNER's Responsibilities ENGINEER, for the benefit of OWNER, will determine, in general , if the Work is proceeding in A. The OWNER shall not supervise, direct, or accordance with the Contract Documents. have control or authority over, nor be responsible for, ENGINEER will not be required to make exhaustive or CONTRACTOR's means, methods , techniques, se- continuous inspections on the Site to check the quences, or procedures of construction, or the safety quality or quantity of the Work. ENGINEER's efforts precautions and programs incident thereto, or for any will be directed toward providing for OWNER a failure of CONTRACTOR to comply with Laws and greater degree of confidence that the completed Work Regulations applicable to the performance of the will conform generally to the Contract Documents. On Work. OWNER will not be responsible for the basis of such visits and observations, ENGINEER CONTRACTOR's failure to perform the Work in will keep OWNER informed of the progress of the accordance with the Contract Documents. Work and will endeavor to guard OWNER against defective Work. . F\Engineering\Capital Pmjeclsl0]01 IRC PARKS COMPLEMConUact Documents Eng\I00700 - 28 00700 - General Conditions tloc RC Parks Maintenance Comple/00700 - General Conditions .doc B. ENGINEER's visits and observations are CONTRACTOR, who shall perform the Work involved subject to all the limitations on ENGINEER's authority promptly. If OWNER and CONTRACTOR are unable and responsibility set forth in paragraph 9. 10, and to agree on entitlement to or on the amount or extent, particularly, but without limitation , during or as a result if any, of any adjustment in the Contract Price or of ENGINEER's visits or observations of Contract Times , or both, as a result of a Field Order, CONTRACTOR's Work ENGINEER will not a Claim may be made therefor as provided in supervise , direct, control , or have authority over or be paragraph 10.05. responsible for CONTRACTOR's means , methods, techniques, sequences, or procedures of construc- 9. 06 Rejecting Defective Work tion, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply A. ENGINEER will have authority to disapprove with Laws and Regulations applicable to the or reject Work which ENGINEER believes to be performance of the Work. defective, or that ENGINEER believes will not produce a completed Project that conforms to the 9 .03 Project Representative Contract Documents or that will prejudice the integrity of theA. If OWNER and ENGINEER agree, ENGI- f tctoninggwholeept asofindcatedplbydtherol nContract NEER will furnish a Resident Project Representative Documents. ENGINEER will also have authority to to assist ENGINEER in providing more extensive require special inspection or testing of the Work as observation of the Work. The responsibilities and provided in paragraph 13.04, whether or not the Work authority and limitations thereon of any such Resident is fabricated , installed, or completed. Project Representative and assistants will be as provided in paragraph 9. 10 and in the Supplementary 9.07 Shop Drawings, Change Orders and Conditions . If OWNER designates another represen- Payments tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the A. In connection with ENGINEER's authority as responsibilities and authority and limitations thereon to Shop Drawings and Samples, see paragraph 6. 17. of such other individual or entity will be as provided in the Supplementary Conditions. B. In connection with ENGINEER's authority as to Change Orders , see Articles 10, 11 , and 12 . 9. 04 Clarifications and Interpretations C. In connec with ENGINEER's A. ENGINEER will issue with reasonable to Applications for tion Payment see Article 14authority as promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9.08 Determinations for Unit Price Work as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will determine the actual quanti- inferable from the Contract Documents. Such written ties and classifications of Unit Price Work performed clarifications and interpretations will be binding on by CONTRACTOR . ENGINEER will review with OWNER and CONTRACTOR. If OWNER and CON- CONTRACTOR the ENGINEER's preliminary TRACTOR are unable to agree on entitlement to or determinations on such matters before rendering a on the amount or extent, if any, of any adjustment in written decision thereon (by recommendation of an the Contract Price or Contract Times, or both, that Application for Payment or otherwise). ENGINEER's should be allowed as a result of a written clarification written decision thereon will be final and binding or interpretation , a Claim may be made therefor as (except as modified by ENGINEER to reflect changed provided in paragraph 10.05. factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the 9.05 Authorized Variations in Work provisions of paragraph 10.05. A. ENGINEER may authorize minor variations in 9 .09 Decisions on Requirements of Contract the Work from the requirements of the Contract Documents and Acceptability of Work Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compat- A. ENGINEER will be the initial interpreter of the ible with the design concept of the completed Project requirements of the Contract Documents and judge of as a functioning whole as indicated by the Contract the acceptability of the Work thereunder. Claims, Documents . These may be accomplished by a Field disputes and other matters relating to the acceptability Order and will be binding on OWNER and also on of the Work, the quantities and classifications of Unit 00700 - General Conditions .doc FMngineeringlCapital Projects10701 IRC PARKS COMPLEMContract Documents Erg\IRO Parks Maintenance Compler100700 - General Conditions .doc B. ENGINEER's visits and observations are CONTRACTOR, who shall perform the Work involved subject to all the limitations on ENGINEER's authority promptly. If OWNER and CONTRACTOR are unable and responsibility set forth in paragraph 9. 10, and to agree on entitlement to or on the amount or extent, particularly, but without limitation , during or as a result if any, of any adjustment in the Contract Price or of ENGINEER's visits or observations of Contract Times , or both, as a result of a Field Order, CONTRACTOR's Work ENGINEER will not a Claim may be made therefor as provided in supervise , direct, control , or have authority over or be paragraph 10.05. responsible for CONTRACTOR's means , methods, techniques, sequences, or procedures of construc- 9. 06 Rejecting Defective Work tion, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply A. ENGINEER will have authority to disapprove with Laws and Regulations applicable to the or reject Work which ENGINEER believes to be performance of the Work. defective, or that ENGINEER believes will not produce a completed Project that conforms to the 9 .03 Project Representative Contract Documents or that will prejudice the integrity of theA. If OWNER and ENGINEER agree, ENGI- f tctoninggwholeept asofindcatedplbydtherol nContract NEER will furnish a Resident Project Representative Documents. ENGINEER will also have authority to to assist ENGINEER in providing more extensive require special inspection or testing of the Work as observation of the Work. The responsibilities and provided in paragraph 13.04, whether or not the Work authority and limitations thereon of any such Resident is fabricated , installed, or completed. Project Representative and assistants will be as provided in paragraph 9. 10 and in the Supplementary 9.07 Shop Drawings, Change Orders and Conditions . If OWNER designates another represen- Payments tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the A. In connection with ENGINEER's authority as responsibilities and authority and limitations thereon to Shop Drawings and Samples, see paragraph 6. 17. of such other individual or entity will be as provided in the Supplementary Conditions. B. In connection with ENGINEER's authority as to Change Orders , see Articles 10, 11 , and 12 . 9. 04 Clarifications and Interpretations C. In connec with ENGINEER's A. ENGINEER will issue with reasonable to Applications for tion Payment see Article 14authority as promptness such written clarifications or interpreta- tions of the requirements of the Contract Documents 9.08 Determinations for Unit Price Work as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably A. ENGINEER will determine the actual quanti- inferable from the Contract Documents. Such written ties and classifications of Unit Price Work performed clarifications and interpretations will be binding on by CONTRACTOR . ENGINEER will review with OWNER and CONTRACTOR. If OWNER and CON- CONTRACTOR the ENGINEER's preliminary TRACTOR are unable to agree on entitlement to or determinations on such matters before rendering a on the amount or extent, if any, of any adjustment in written decision thereon (by recommendation of an the Contract Price or Contract Times, or both, that Application for Payment or otherwise). ENGINEER's should be allowed as a result of a written clarification written decision thereon will be final and binding or interpretation , a Claim may be made therefor as (except as modified by ENGINEER to reflect changed provided in paragraph 10.05. factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the 9.05 Authorized Variations in Work provisions of paragraph 10.05. A. ENGINEER may authorize minor variations in 9 .09 Decisions on Requirements of Contract the Work from the requirements of the Contract Documents and Acceptability of Work Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compat- A. ENGINEER will be the initial interpreter of the ible with the design concept of the completed Project requirements of the Contract Documents and judge of as a functioning whole as indicated by the Contract the acceptability of the Work thereunder. Claims, Documents . These may be accomplished by a Field disputes and other matters relating to the acceptability Order and will be binding on OWNER and also on of the Work, the quantities and classifications of Unit 00700 - General Conditions .doc FMngineeringlCapital Projects10701 IRC PARKS COMPLEMContract Documents Erg\IRO Parks Maintenance Compler100700 - General Conditions .doc Price Work, the interpretation of the requirements of all maintenance and operating instructions, the Contract Documents pertaining to the schedules, guarantees, Bonds, certificates of performance of the Work, and Claims seeking inspection, tests and approvals, and other documen- changes in the Contract Price or Contract Times will tation required to be delivered by paragraph 14.07.A be referred initially to ENGINEER in writing , in will only be to determine generally that their content accordance with the provisions of paragraph 10.05 , complies with the requirements of, and in the case of with a request for a formal decision . certificates of inspections, tests , and approvals that the results certified indicate compliance with, the B. When functioning as interpreter and judge Contract Documents. under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not E . The limitations upon authority and responsi- be liable in connection with any interpretation or bility set forth in this paragraph 9. 10 shall also apply to decision rendered in good faith in such capacity. The ENGINEER's Consultants, Resident Project Repre- rendering of a decision by ENGINEER pursuant to sentative, and assistants . this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been ARTICLE 10 - CHANGES IN THE WORK; CLAIMS waived by the making or acceptance of final payment as provided in paragraph 14. 07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either 10. 01 Authorized Changes in the Work may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such A- Without invalidating the Agreement and Claim, dispute, or other matter. without notice to any surety, OWNER may, at any time or from time to time, order additions , deletions, or 9. 10 Limitations on ENGINEER 's Authority and revisions in the Work by a Written Amendment, a Responsibilities Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall A. Neither ENGINEER's authority or respon- promptly proceed with the Work involved which will be sibility under this Article 9 or under any other provision performed under the applicable conditions of the of the Contract Documents nor any decision made by Contract Documents (except as otherwise specifically ENGINEER in good faith either to exercise or not provided). exercise such authority or responsibility or the undertaking, exercise, or performance of any authority B. If OWNER and CONTRACTOR are unable to or responsibility by ENGINEER shall create, impose , agree on entitlement to, or on the amount or extent, if or give rise to any duty in contract, tort, or otherwise any, of an adjustment in the Contract Price or owed by ENGINEER to CONTRACTOR, any Subcon- Contract Times, or both, that should be allowed as a tractor, any Supplier, any other individual or entity, or result of a Work Change Directive, a Claim may be to any surety for or employee or agent of any of them. made therefor as provided in paragraph 10.05 . B . ENGINEER will not supervise, direct, control, 10 . 02 Unauthorized Changes in the Work or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- A. CONTRACTOR shall not be entitled to an quences, or procedures of construction, or the safety increase in the Contract Price or an extension of the precautions and programs incident thereto, or for any Contract Times with respect to any work performed failure of CONTRACTOR to comply with Laws and that is not required by the Contract Documents as Regulations applicable to the performance of the amended, modified , or supplemented as provided in Work. ENGINEER will not be responsible for paragraph 3 .04, except in the case of an emergency CONTRACTOR's failure to perform the Work in as provided in paragraph 6 . 16 or in the case of accordance with the Contract Documents. uncovering Work as provided in paragraph 13.04.B . C. ENGINEER will not be responsible for the 10.03 Execution of Change Orders acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual A. OWNER and CONTRACTOR shall execute or entity performing any of the Work. appropriate Change Orders recommended by ENGI- D. ENGINEER'S review of the final Application NEER (or Written Amendments) covering : for Payment and accompanying documentation and 00700 - 30 00]00 - General Contlitions doc F9EngineeringlCapital Projecls\0]01 IRC PARKS COMPLE%lConlrad Documents Engll RC Parks Maintenance Complexlo0700 - General Conditians .doc Price Work, the interpretation of the requirements of all maintenance and operating instructions, the Contract Documents pertaining to the schedules, guarantees, Bonds, certificates of performance of the Work, and Claims seeking inspection, tests and approvals, and other documen- changes in the Contract Price or Contract Times will tation required to be delivered by paragraph 14.07.A be referred initially to ENGINEER in writing , in will only be to determine generally that their content accordance with the provisions of paragraph 10.05 , complies with the requirements of, and in the case of with a request for a formal decision . certificates of inspections, tests , and approvals that the results certified indicate compliance with, the B. When functioning as interpreter and judge Contract Documents. under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not E . The limitations upon authority and responsi- be liable in connection with any interpretation or bility set forth in this paragraph 9. 10 shall also apply to decision rendered in good faith in such capacity. The ENGINEER's Consultants, Resident Project Repre- rendering of a decision by ENGINEER pursuant to sentative, and assistants . this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been ARTICLE 10 - CHANGES IN THE WORK; CLAIMS waived by the making or acceptance of final payment as provided in paragraph 14. 07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either 10. 01 Authorized Changes in the Work may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such A- Without invalidating the Agreement and Claim, dispute, or other matter. without notice to any surety, OWNER may, at any time or from time to time, order additions , deletions, or 9. 10 Limitations on ENGINEER 's Authority and revisions in the Work by a Written Amendment, a Responsibilities Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall A. Neither ENGINEER's authority or respon- promptly proceed with the Work involved which will be sibility under this Article 9 or under any other provision performed under the applicable conditions of the of the Contract Documents nor any decision made by Contract Documents (except as otherwise specifically ENGINEER in good faith either to exercise or not provided). exercise such authority or responsibility or the undertaking, exercise, or performance of any authority B. If OWNER and CONTRACTOR are unable to or responsibility by ENGINEER shall create, impose , agree on entitlement to, or on the amount or extent, if or give rise to any duty in contract, tort, or otherwise any, of an adjustment in the Contract Price or owed by ENGINEER to CONTRACTOR, any Subcon- Contract Times, or both, that should be allowed as a tractor, any Supplier, any other individual or entity, or result of a Work Change Directive, a Claim may be to any surety for or employee or agent of any of them. made therefor as provided in paragraph 10.05 . B . ENGINEER will not supervise, direct, control, 10 . 02 Unauthorized Changes in the Work or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- A. CONTRACTOR shall not be entitled to an quences, or procedures of construction, or the safety increase in the Contract Price or an extension of the precautions and programs incident thereto, or for any Contract Times with respect to any work performed failure of CONTRACTOR to comply with Laws and that is not required by the Contract Documents as Regulations applicable to the performance of the amended, modified , or supplemented as provided in Work. ENGINEER will not be responsible for paragraph 3 .04, except in the case of an emergency CONTRACTOR's failure to perform the Work in as provided in paragraph 6 . 16 or in the case of accordance with the Contract Documents. uncovering Work as provided in paragraph 13.04.B . C. ENGINEER will not be responsible for the 10.03 Execution of Change Orders acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual A. OWNER and CONTRACTOR shall execute or entity performing any of the Work. appropriate Change Orders recommended by ENGI- D. ENGINEER'S review of the final Application NEER (or Written Amendments) covering : for Payment and accompanying documentation and 00700 - 30 00]00 - General Contlitions doc F9EngineeringlCapital Projecls\0]01 IRC PARKS COMPLE%lConlrad Documents Engll RC Parks Maintenance Complexlo0700 - General Conditians .doc I . changes in the Work which are: (i) panied by claimant's written statement that the adjust- ordered by OWNER pursuant to paragraph ment claimed is the entire adjustment to which the 10.01 .A, (ii) required because of acceptance of claimant believes it is entitled as a result of said event. defective Work under paragraph 13.08.A or The opposing party shall submit any response to OWNER's correction of defective Work under ENGINEER and the claimant within 30 days after paragraph 13.09, or (iii) agreed to by the receipt of the claimant's last submittal (unless parties; ENGINEER allows additional time). 2. changes in the Contract Price or B. ENGINEER's Decision: ENGINEER will Contract Times which are agreed to by the render a formal decision in writing within 30 days after parties, including any undisputed sum or receipt of the last submittal of the claimant or the last amount of time for Work actually performed in submittal of the opposing parry, if any. ENGINEER's accordance with a Work Change Directive; and written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and 3. changes in the Contract Price or CONTRACTOR unless : Contract Times which embody the substance of any written decision rendered by ENGINEER 1 . an appeal from ENGINEER's pursuant to paragraph 10.05; provided that, in decision is taken within the time limits and in lieu of executing any such Change Order, an accordance with the dispute resolution appeal may be taken from any such decision in procedures set forth in Article 16; or accordance with the provisions of the Contract Documents and applicable Laws and Regula- 2. if no such dispute resolution tions, but during any such appeal, procedures have been set forth in Article 16 , a CONTRACTOR shall carry on the Work and written notice of intention to appeal from adhere to the progress schedule as provided in ENGINEER's written decision is delivered by paragraph 6 . 18.A. OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of 10 . 04 Notification to Surety such decision, and a formal proceeding is instituted by the appealing party in a forum of A. If notice of any change affecting the general competent jurisdiction within 60 days after the scope of the Work or the provisions of the Contract date of such decision or within 60 days after Documents (including, but not limited to, Contract Substantial Completion , whichever is later Price or Contract Times) is required by the provisions (unless otherwise agreed in writing by OWNER of any Bond to be given to a surety, the giving of any and CONTRACTOR), to exercise such rights such notice will be CONTRACTOR's responsibility. or remedies as the appealing party may have The amount of each applicable Bond will be adjusted with respect to such Claim, dispute, or other to reflect the effect of any such change. matter in accordance with applicable Laws and 10 .05 Claims and Disputes Regulations. C. If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim , dispute, or other matter shall be 10.05.8, a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly (but in no event later receipt of the last submittal of the claimant or the last than 30 days) after the start of the event giving rise submittal of the opposing party, if any. thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be D. No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10.05. (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01 . B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02. B. Each Claim shall be accom- 00700 - 3 ] 00700 - General Conditions .doc F.IEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng11RC Parks Maintenance Complea500700 - General Conditions .doc I . changes in the Work which are: (i) panied by claimant's written statement that the adjust- ordered by OWNER pursuant to paragraph ment claimed is the entire adjustment to which the 10.01 .A, (ii) required because of acceptance of claimant believes it is entitled as a result of said event. defective Work under paragraph 13.08.A or The opposing party shall submit any response to OWNER's correction of defective Work under ENGINEER and the claimant within 30 days after paragraph 13.09, or (iii) agreed to by the receipt of the claimant's last submittal (unless parties; ENGINEER allows additional time). 2. changes in the Contract Price or B. ENGINEER's Decision: ENGINEER will Contract Times which are agreed to by the render a formal decision in writing within 30 days after parties, including any undisputed sum or receipt of the last submittal of the claimant or the last amount of time for Work actually performed in submittal of the opposing parry, if any. ENGINEER's accordance with a Work Change Directive; and written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and 3. changes in the Contract Price or CONTRACTOR unless : Contract Times which embody the substance of any written decision rendered by ENGINEER 1 . an appeal from ENGINEER's pursuant to paragraph 10.05; provided that, in decision is taken within the time limits and in lieu of executing any such Change Order, an accordance with the dispute resolution appeal may be taken from any such decision in procedures set forth in Article 16; or accordance with the provisions of the Contract Documents and applicable Laws and Regula- 2. if no such dispute resolution tions, but during any such appeal, procedures have been set forth in Article 16 , a CONTRACTOR shall carry on the Work and written notice of intention to appeal from adhere to the progress schedule as provided in ENGINEER's written decision is delivered by paragraph 6 . 18.A. OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of 10 . 04 Notification to Surety such decision, and a formal proceeding is instituted by the appealing party in a forum of A. If notice of any change affecting the general competent jurisdiction within 60 days after the scope of the Work or the provisions of the Contract date of such decision or within 60 days after Documents (including, but not limited to, Contract Substantial Completion , whichever is later Price or Contract Times) is required by the provisions (unless otherwise agreed in writing by OWNER of any Bond to be given to a surety, the giving of any and CONTRACTOR), to exercise such rights such notice will be CONTRACTOR's responsibility. or remedies as the appealing party may have The amount of each applicable Bond will be adjusted with respect to such Claim, dispute, or other to reflect the effect of any such change. matter in accordance with applicable Laws and 10 .05 Claims and Disputes Regulations. C. If ENGINEER does not render a formal A. Notice: Written notice stating the general decision in writing within the time stated in paragraph nature of each Claim , dispute, or other matter shall be 10.05.8, a decision denying the Claim in its entirety delivered by the claimant to ENGINEER and the other shall be deemed to have been issued 31 days after party to the Contract promptly (but in no event later receipt of the last submittal of the claimant or the last than 30 days) after the start of the event giving rise submittal of the opposing party, if any. thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be D. No Claim for an adjustment in Contract Price delivered to the ENGINEER and the other party to the or Contract Times (or Milestones) will be valid if not Contract within 60 days after the start of such event submitted in accordance with this paragraph 10.05. (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01 . B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02. B. Each Claim shall be accom- 00700 - 3 ] 00700 - General Conditions .doc F.IEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng11RC Parks Maintenance Complea500700 - General Conditions .doc ARTICLE 11 - COST OF THE WORK; CASH shall accrue to OWNER, and CONTRACTOR ALLOWANCES ; UNIT PRICE WORK shall make Provisions so that they may be obtained. 11 .01 Cost of the Work 3. Payments made by CONTRACTOR to Subcontractors for Work performed by A. Costs Included: The term Cost of the Work Subcontractors. If required by OWNER, CON- means the sum of all costs necessarily incurred and TRACTOR shall obtain competitive bids from subcontractors acceptable paid by CONTRACTOR in the proper performance of lOWNER and CONTRACTOR and shall deli the Work. When the value of any Work covered b ver such bids to Y a OWNER, who will then determine, with the Change Order or when a Claim for an adjustment in advice of ENGINEER, which bids, if any, will be Contract Price is determined on the basis of Cost of acceptable. If any subcontract provides that the Work, the costs to be reimbursed to the Subcontractor is r be paid oa the basis CONTRACTOR will be only those additional or of e incremental costs required because of the chane in Cost the Work plus a fee, the 9 Subconttrr the Cost th the Work and fee shall the Work or because of the event giving rise to the Claim . Except as otherwise may be agreed to in be determined in the same manner as CONTRA writing by OWNER, such costs shall be in amounts no n this p Cost of the Work and fee as provided in this p higher than those prevailing in the locality of the paragraph 11 .01 . Project, shall include only the following items, and shall not include any of the costs itemized in Para- (including Costs of special consultants graph 11 .01 . 8 . ding but not limited to engineers, architects , testing laboratories, surveyors, attorneys , and accountants) employed for 1 . Payroll costs for employees in the services specifically related to the Work. direct employ of CONTRACTOR in the perfor- mance of the Work under schedules of job 5. Supplemental costs including the classifications agreed upon by OWNER and following : CONTRACTOR. Such employees shall include without limitation superintendents, foremen , and other personnel employed full a. The proportion is necessary trans- time at the Site. Payroll costs for employees CONTR travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- not employed full time on the Work shall be charge of duties connected with the Work. apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost b• Cost, including transportation and of fringe benefits, which shall include social maintenance,ment, machinery, all materials, supplies, equip- of appliances, office, and security contributions, unemployment, excise, temporary facilities at the Site, and hand tools and payroll taxes, workers' compensation, not owned by the workers, which are health and retirement benefits, bonuses, sick consumed in the performance of the Work, and leave, vacation and holiday pay applicable cost, less market value, of such items used but thereto. The expenses of performing Work not consumed which remain thero e outside of regular working hours, on Saturday, P P rtY of Sunday, or legal holidays, shall be included in CONTRACTOR . the above to the extent authorized by OWNER. c Rentals of all construction equip- ment and machinery, and the parts thereof 2. Cost of all materials and equipment whether rented from CONTRACTOR or others furnished and incorporated in the Work, includ- in accordance with rental agreements ing costs of transportation and storage thereof, approved by OWNER with the advice of and Suppliers' field services required in ENGINEER , and the costs of transportation , connection therewith. All cash discounts shall loading, unloading, assembly, dismantling, and accrue to CONTRACTOR unless OWNER removal thereof. All such costs shall be in deposits funds with CONTRACTOR with which accordance with the terms of said rental agree- to make payments, in which case the cash ments. The rental of any such equipment, ma- discounts shall accrue to OWNER. All trade chinery, or discounts, rebates and refunds and returns Parts shall cease when the use from sale of surplus materials and equipment thereof is no longer necessary for the Work. 000 - 32 00700 - General Conditions doc E1EngineeringlCapital Projectsl0]Oi IRC PARKS COMPLEX1Contracl Documents EngVPCParks Maintenance Com Iex100]00 - p General Conditions .tloc ARTICLE 11 - COST OF THE WORK; CASH shall accrue to OWNER, and CONTRACTOR ALLOWANCES ; UNIT PRICE WORK shall make Provisions so that they may be obtained. 11 .01 Cost of the Work 3. Payments made by CONTRACTOR to Subcontractors for Work performed by A. Costs Included: The term Cost of the Work Subcontractors. If required by OWNER, CON- means the sum of all costs necessarily incurred and TRACTOR shall obtain competitive bids from subcontractors acceptable paid by CONTRACTOR in the proper performance of lOWNER and CONTRACTOR and shall deli the Work. When the value of any Work covered b ver such bids to Y a OWNER, who will then determine, with the Change Order or when a Claim for an adjustment in advice of ENGINEER, which bids, if any, will be Contract Price is determined on the basis of Cost of acceptable. If any subcontract provides that the Work, the costs to be reimbursed to the Subcontractor is r be paid oa the basis CONTRACTOR will be only those additional or of e incremental costs required because of the chane in Cost the Work plus a fee, the 9 Subconttrr the Cost th the Work and fee shall the Work or because of the event giving rise to the Claim . Except as otherwise may be agreed to in be determined in the same manner as CONTRA writing by OWNER, such costs shall be in amounts no n this p Cost of the Work and fee as provided in this p higher than those prevailing in the locality of the paragraph 11 .01 . Project, shall include only the following items, and shall not include any of the costs itemized in Para- (including Costs of special consultants graph 11 .01 . 8 . ding but not limited to engineers, architects , testing laboratories, surveyors, attorneys , and accountants) employed for 1 . Payroll costs for employees in the services specifically related to the Work. direct employ of CONTRACTOR in the perfor- mance of the Work under schedules of job 5. Supplemental costs including the classifications agreed upon by OWNER and following : CONTRACTOR. Such employees shall include without limitation superintendents, foremen , and other personnel employed full a. The proportion is necessary trans- time at the Site. Payroll costs for employees CONTR travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- not employed full time on the Work shall be charge of duties connected with the Work. apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost b• Cost, including transportation and of fringe benefits, which shall include social maintenance,ment, machinery, all materials, supplies, equip- of appliances, office, and security contributions, unemployment, excise, temporary facilities at the Site, and hand tools and payroll taxes, workers' compensation, not owned by the workers, which are health and retirement benefits, bonuses, sick consumed in the performance of the Work, and leave, vacation and holiday pay applicable cost, less market value, of such items used but thereto. The expenses of performing Work not consumed which remain thero e outside of regular working hours, on Saturday, P P rtY of Sunday, or legal holidays, shall be included in CONTRACTOR . the above to the extent authorized by OWNER. c Rentals of all construction equip- ment and machinery, and the parts thereof 2. Cost of all materials and equipment whether rented from CONTRACTOR or others furnished and incorporated in the Work, includ- in accordance with rental agreements ing costs of transportation and storage thereof, approved by OWNER with the advice of and Suppliers' field services required in ENGINEER , and the costs of transportation , connection therewith. All cash discounts shall loading, unloading, assembly, dismantling, and accrue to CONTRACTOR unless OWNER removal thereof. All such costs shall be in deposits funds with CONTRACTOR with which accordance with the terms of said rental agree- to make payments, in which case the cash ments. The rental of any such equipment, ma- discounts shall accrue to OWNER. All trade chinery, or discounts, rebates and refunds and returns Parts shall cease when the use from sale of surplus materials and equipment thereof is no longer necessary for the Work. 000 - 32 00700 - General Conditions doc E1EngineeringlCapital Projectsl0]Oi IRC PARKS COMPLEX1Contracl Documents EngVPCParks Maintenance Com Iex100]00 - p General Conditions .tloc d . Sales , consumer, use, and other executives, principals (of partnerships and sole similar taxes related to the Work, and for which proprietorships), general managers, engineers, CONTRACTOR is liable, imposed by Laws and architects, estimators, attorneys, auditors , Regulations. accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and e . Deposits lost for causes other than other personnel employed by CONTRACTOR, negligence of CONTRACTOR, any Sub- whether at the Site or in CONTRACTOR's contractor, or anyone directly or indirectly principal or branch office for general employed by any of them or for whose acts any administration of the Work and not specifically of them may be liable, and royalty payments included in the agreed upon schedule of job and fees for permits and licenses. classifications referred to in paragraph 11 .01 .A. 1 or specifically covered by paragraph f. Losses and damages (and related 11 .01 .A.4, all of which are to be considered expenses) caused by damage to the Work, not administrative costs covered by the compensated by insurance or otherwise, sus- CONTRACTOR's fee. tained by CONTRACTOR in connection with the performance of the Work (except losses 2. Expenses of CONTRACTOR's and damages within the deductible amounts of principal and branch offices other than property insurance established in accordance CONTRACTOR's office at the Site. with paragraph 5.06. D), provided such losses and damages have resulted from causes other 3. Any part of CONTRACTOR's capital than the negligence of CONTRACTOR, any expenses, including interest on Subcontractor, or anyone directly or indirectly CONTRACTOR's capital employed for the employed by any of them or for whose acts any Work and charges against CONTRACTOR for of them may be liable. Such losses shall delinquent payments. include settlements made with the written consent and approval of OWNER. No such 4. Costs due to the negligence of CON- losses, damages, and expenses shall be TRACTOR , any Subcontractor, or anyone included in the Cost of the Work for the directly or indirectly employed by any of them purpose of determining CONTRACTOR's fee. or for whose acts any of them may be liable , including but not limited to, the correction of g . The cost of utilities, fuel, and sanitary defective Work, disposal of materials or facilities at the Site . equipment wrongly supplied, and making good h . Minor expenses such as telegrams, any damage to property. long distance telephone calls, telephone 5 . Other overhead or general expense service at the Site, expressage, and similar costs of any kind and the costs of any item not petty cash items in connection with the Work. specifically and expressly included in i. When the Cost of the Work is used to paragraphs 11 .01 .A and 11 .01 . B. determine the value of a Change Order or of a C. CONTRACTOR's Fee: When all the Work is Claim, the cast of premiums for additional performed on the basis of cost-plus , Bonds and insurance required because of the CONTRACTOR's fee shall be determined as set forth changes in the Work or caused by the event in the Agreement. When the value of any Work giving rise to the Claim. covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the j. When all the Work is performed on the basis of Cost of the Work, CONTRACTOR's fee shall basis of cost-plus, the costs of premiums for all be determined as set forth in paragraph 12.01 .C. Bonds and insurance CONTRACTOR is required by the Contract Documents to D. Documentation: Whenever the Cost of the purchase and maintain. Work for any purpose is to be determined pursuant to paragraphs 11 .01 .A and 11 .01 . 13, CONTRACTOR will B . Costs Excluded: The term Cost of the Work establish and maintain records thereof in accordance shall not include any of the following items: with generally accepted accounting practices and submit in a form acceptable to ENGINEER an 1 . Payroll costs and other itemized cost breakdown together with supporting compensation of CONTRACTOR's officers, data. FiEngineeringlCapilal Projects10707 IRC PARKS COMPLE%1ConNac[ Documents EngV 00700 - 33 00700 - General Conditions doc RC Padre Maintenance CorepteA00700 - General Conditions .doc d . Sales , consumer, use, and other executives, principals (of partnerships and sole similar taxes related to the Work, and for which proprietorships), general managers, engineers, CONTRACTOR is liable, imposed by Laws and architects, estimators, attorneys, auditors , Regulations. accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and e . Deposits lost for causes other than other personnel employed by CONTRACTOR, negligence of CONTRACTOR, any Sub- whether at the Site or in CONTRACTOR's contractor, or anyone directly or indirectly principal or branch office for general employed by any of them or for whose acts any administration of the Work and not specifically of them may be liable, and royalty payments included in the agreed upon schedule of job and fees for permits and licenses. classifications referred to in paragraph 11 .01 .A. 1 or specifically covered by paragraph f. Losses and damages (and related 11 .01 .A.4, all of which are to be considered expenses) caused by damage to the Work, not administrative costs covered by the compensated by insurance or otherwise, sus- CONTRACTOR's fee. tained by CONTRACTOR in connection with the performance of the Work (except losses 2. Expenses of CONTRACTOR's and damages within the deductible amounts of principal and branch offices other than property insurance established in accordance CONTRACTOR's office at the Site. with paragraph 5.06. D), provided such losses and damages have resulted from causes other 3. Any part of CONTRACTOR's capital than the negligence of CONTRACTOR, any expenses, including interest on Subcontractor, or anyone directly or indirectly CONTRACTOR's capital employed for the employed by any of them or for whose acts any Work and charges against CONTRACTOR for of them may be liable. Such losses shall delinquent payments. include settlements made with the written consent and approval of OWNER. No such 4. Costs due to the negligence of CON- losses, damages, and expenses shall be TRACTOR , any Subcontractor, or anyone included in the Cost of the Work for the directly or indirectly employed by any of them purpose of determining CONTRACTOR's fee. or for whose acts any of them may be liable , including but not limited to, the correction of g . The cost of utilities, fuel, and sanitary defective Work, disposal of materials or facilities at the Site . equipment wrongly supplied, and making good h . Minor expenses such as telegrams, any damage to property. long distance telephone calls, telephone 5 . Other overhead or general expense service at the Site, expressage, and similar costs of any kind and the costs of any item not petty cash items in connection with the Work. specifically and expressly included in i. When the Cost of the Work is used to paragraphs 11 .01 .A and 11 .01 . B. determine the value of a Change Order or of a C. CONTRACTOR's Fee: When all the Work is Claim, the cast of premiums for additional performed on the basis of cost-plus , Bonds and insurance required because of the CONTRACTOR's fee shall be determined as set forth changes in the Work or caused by the event in the Agreement. When the value of any Work giving rise to the Claim. covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the j. When all the Work is performed on the basis of Cost of the Work, CONTRACTOR's fee shall basis of cost-plus, the costs of premiums for all be determined as set forth in paragraph 12.01 .C. Bonds and insurance CONTRACTOR is required by the Contract Documents to D. Documentation: Whenever the Cost of the purchase and maintain. Work for any purpose is to be determined pursuant to paragraphs 11 .01 .A and 11 .01 . 13, CONTRACTOR will B . Costs Excluded: The term Cost of the Work establish and maintain records thereof in accordance shall not include any of the following items: with generally accepted accounting practices and submit in a form acceptable to ENGINEER an 1 . Payroll costs and other itemized cost breakdown together with supporting compensation of CONTRACTOR's officers, data. FiEngineeringlCapilal Projects10707 IRC PARKS COMPLE%1ConNac[ Documents EngV 00700 - 33 00700 - General Conditions doc RC Padre Maintenance CorepteA00700 - General Conditions .doc I . the quantity of any item of Unit Price 11 .02 Cash Allowances Work performed by CONTRACTOR differs materially and significantly from the estimated A. It is understood that CONTRACTOR has in- quantity of such item indicated in the cluded in the Contract Price all allowances so named Agreement; and in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be 2 . there is no corresponding adjustment acceptable to OWNER and ENGINEER. with respect any other item of Work; and CONTRACTOR agrees that: 3. if CONTRACTOR believes that 1 . the allowances include the cost to CONTRACTOR is entitled to an increase in CONTRACTOR (less any applicable trade Contract Price as a result of having incurred discounts) of materials and equipment required additional expense or OWNER believes that by the allowances to be delivered at the Site , OWNER is entitled to a decrease in Contract and all applicable taxes; and Price and the parties are unable to agree as to 2 . CONTRACTOR'S costs for unloading the amount of any such increase or decrease . and handling on the Site, labor, installation costs, overhead, profit, and other expenses ARTICLE 12 - CHANGE OF CONTRACT PRICE ; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances, and no demand for additional _ payment on account of any of the foregoing will be valid. 12.01 Change of Contract Price B . Prior to final payment, an appropriate Change A. The Contract Price may only be changed by Order will be issued as recommended by ENGINEER a Change Order or by a Written Amendment. Any to reflect actual amounts due CONTRACTOR on Claim for an adjustment in the Contract Price shall be account of Work covered by allowances , and the based on written notice submitted by the party making Contract Price shall be correspondingly adjusted. the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- 11 . 03 Unit Price Work graph 10. 05. A. Where the Contract Documents provide that B. The value of any Work covered by a Change all or part of the Work is to be Unit Price Work, initially Order or of any Claim for an adjustment in the the Contract Price will be deemed to include for all Contract Price will be determined as follows: Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit 1 . where the Work involved is covered Price Work times the estimated quantity of each item by unit prices contained in the Contract as indicated in the Agreement. The estimated Documents , by application of such unit prices quantities of items of Unit Price Work are not guaran- to the quantities of the items involved (subject teed and are solely for the purpose of comparison of to the provisions of paragraph 11 .03 ); or Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications 2. where the Work involved is not cov- of Unit Price Work performed by CONTRACTOR will ered by unit prices contained in the Contract be made by ENGINEER subject to the provisions of Documents, by a mutually agreed lump sum paragraph 9.08. (which may include an allowance for overhead and profit not necessarily in accordance with B . Each unit price will be deemed to include an paragraph 12.01 . C.2); or amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit 3. where the Work involved is not cov- for each separately identified item . ered by unit prices contained in the Contract Documents and agreement to a lump sum is C. OWNER or CONTRACTOR may make a not reached under paragraph 12.01 . 13.2, on the Claim for an adjustment in the Contract Price in accor- basis of the Cost of the Work (determined as dance with paragraph 10. 05 if: provided in paragraph 11 .01 ) plus a CONTRACTOR's fee for overhead and profit 00700 - General Conditions don;007/ 00 - 34 F tEngineer'mg\Capllal Prgetlsl0]01 IRC PARKS CGMPt.E%1Contrad Documents Eng11PC Parks Maintenance Complex\00700 - General Conditions doc I . the quantity of any item of Unit Price 11 .02 Cash Allowances Work performed by CONTRACTOR differs materially and significantly from the estimated A. It is understood that CONTRACTOR has in- quantity of such item indicated in the cluded in the Contract Price all allowances so named Agreement; and in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be 2 . there is no corresponding adjustment acceptable to OWNER and ENGINEER. with respect any other item of Work; and CONTRACTOR agrees that: 3. if CONTRACTOR believes that 1 . the allowances include the cost to CONTRACTOR is entitled to an increase in CONTRACTOR (less any applicable trade Contract Price as a result of having incurred discounts) of materials and equipment required additional expense or OWNER believes that by the allowances to be delivered at the Site , OWNER is entitled to a decrease in Contract and all applicable taxes; and Price and the parties are unable to agree as to 2 . CONTRACTOR'S costs for unloading the amount of any such increase or decrease . and handling on the Site, labor, installation costs, overhead, profit, and other expenses ARTICLE 12 - CHANGE OF CONTRACT PRICE ; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances, and no demand for additional _ payment on account of any of the foregoing will be valid. 12.01 Change of Contract Price B . Prior to final payment, an appropriate Change A. The Contract Price may only be changed by Order will be issued as recommended by ENGINEER a Change Order or by a Written Amendment. Any to reflect actual amounts due CONTRACTOR on Claim for an adjustment in the Contract Price shall be account of Work covered by allowances , and the based on written notice submitted by the party making Contract Price shall be correspondingly adjusted. the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- 11 . 03 Unit Price Work graph 10. 05. A. Where the Contract Documents provide that B. The value of any Work covered by a Change all or part of the Work is to be Unit Price Work, initially Order or of any Claim for an adjustment in the the Contract Price will be deemed to include for all Contract Price will be determined as follows: Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit 1 . where the Work involved is covered Price Work times the estimated quantity of each item by unit prices contained in the Contract as indicated in the Agreement. The estimated Documents , by application of such unit prices quantities of items of Unit Price Work are not guaran- to the quantities of the items involved (subject teed and are solely for the purpose of comparison of to the provisions of paragraph 11 .03 ); or Bids and determining an initial Contract Price. Deter- minations of the actual quantities and classifications 2. where the Work involved is not cov- of Unit Price Work performed by CONTRACTOR will ered by unit prices contained in the Contract be made by ENGINEER subject to the provisions of Documents, by a mutually agreed lump sum paragraph 9.08. (which may include an allowance for overhead and profit not necessarily in accordance with B . Each unit price will be deemed to include an paragraph 12.01 . C.2); or amount considered by CONTRACTOR to be ade- quate to cover CONTRACTOR's overhead and profit 3. where the Work involved is not cov- for each separately identified item . ered by unit prices contained in the Contract Documents and agreement to a lump sum is C. OWNER or CONTRACTOR may make a not reached under paragraph 12.01 . 13.2, on the Claim for an adjustment in the Contract Price in accor- basis of the Cost of the Work (determined as dance with paragraph 10. 05 if: provided in paragraph 11 .01 ) plus a CONTRACTOR's fee for overhead and profit 00700 - General Conditions don;007/ 00 - 34 F tEngineer'mg\Capllal Prgetlsl0]01 IRC PARKS CGMPt.E%1Contrad Documents Eng11PC Parks Maintenance Complex\00700 - General Conditions doc (determined as provided in paragraph 12 .02 Change of Contract Times 12.01 . C). C. CONTRACTOR's Fee: A. The Contract Times (or Milestones) may only changed by a CONTRACTOR's fee for overhead and profit shall be Amendment. Any Claim forOane adjustment in tten determined as follows : Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 1 . a mutually acceptable fixed fee; or to the ENGINEER and the other party to the Contract n accordance with the provisions of paragraph 10.05. 2. if a fixed fee is not agreed upon , then a fee based on the following percentages of the B . Any adjustment of the Contract Times (or various portions of the Cost of the Work: Milestones) covered by a Change Order or of any Claim for an adjustment in Contract Times ( a . for costs incurred under para- Milestones) will bed termi edlin accordance with the graphs 11 .01 .A. 1 and 11 . 01 .A.2, the provisions of this Article 12. CONTRACTOR's fee shall be 15 percent; 12. 03 Delays Beyond CONTRACTOR's Control J. for costs incurred under paragraph 11 .01 .A.3 , the CONTRACTOR's fee shall A. Where CONTRACTOR is prevented from be five percent; completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control c. where one or more tiers of subcon- of CONTRACTOR, the Contract Times (or tracts are on the basis of Cost of the Work Milestones) will be extended in an amount equal to plus a fee and no fixed fee is agreed upon , the time lost due to such delay if a Claim is made . the intent of paragraph 12.01 .C.2. a is that therefor as provided in paragraph 12. 02.A. Delays the Subcontractor who actually performs beyond the control of , CONTRACTOR shall include, the Work, at whatever tier, will be paid a fee but not be limited to, acts or neglect by OWNER, acts of 15 percent of the costs incurred by such or neglect of utility owners or other contractors Subcontractor under paragraphs 11 .01 .A. 1 performing other work as contemplated by Article 7, and 11 .01 .A.2 and that any higher tier fires, floods , epidemics, abnormal weather conditions, Subcontractor and CONTRACTOR will or acts of God. each be paid a fee of five percent of the amount paid to the next lower tier Subcon- 12 .04 Delays Within CONTRACTOR 's Control tractor; A. The Contract Times (or Milestones) will not d. no fee shall be payable on the be extended due to delays within the control of basis of costs itemized under paragraphs CONTRACTOR. Delays attributable to and within the 11 .01 .A.4, 11 .01 .A. 5, and 11 .01 . B; control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- e. the amount of credit to be allowed TOR. by CONTRACTOR to OWNER for any change which results in a net decrease in 12 .05 Delays Beyond OWNER's and cost will be the amount of the actual net CONTRACTOR's Control decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal A. Where CONTRACTOR is prevented from to five percent of such net decrease; and completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control f. when both additions and credits are of both OWNER and CONTRACTOR, an extension of involved in any one change, the adjustment the Contract Times (or Milestones) in an amount in CONTRACTOR's fee shall be computed equal to the time lost due to such delay shall be on the basis of the net change in CONTRACTOR's sole and exclusive remedy for such accordance with paragraphs 12.01 .C.2.a delay. through 12.01 .C.2.e, inclusive. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any 00700 - 35 00700 - General Conditions .doc FAEngineeringlCapital Projecls\0701 IRC PARKS COMPLEMContraG Documents Eng11RC Parks Maintenance Comple%\00700 - General Conditions .doc (determined as provided in paragraph 12 .02 Change of Contract Times 12.01 . C). C. CONTRACTOR's Fee: A. The Contract Times (or Milestones) may only changed by a CONTRACTOR's fee for overhead and profit shall be Amendment. Any Claim forOane adjustment in tten determined as follows : Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 1 . a mutually acceptable fixed fee; or to the ENGINEER and the other party to the Contract n accordance with the provisions of paragraph 10.05. 2. if a fixed fee is not agreed upon , then a fee based on the following percentages of the B . Any adjustment of the Contract Times (or various portions of the Cost of the Work: Milestones) covered by a Change Order or of any Claim for an adjustment in Contract Times ( a . for costs incurred under para- Milestones) will bed termi edlin accordance with the graphs 11 .01 .A. 1 and 11 . 01 .A.2, the provisions of this Article 12. CONTRACTOR's fee shall be 15 percent; 12. 03 Delays Beyond CONTRACTOR's Control J. for costs incurred under paragraph 11 .01 .A.3 , the CONTRACTOR's fee shall A. Where CONTRACTOR is prevented from be five percent; completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control c. where one or more tiers of subcon- of CONTRACTOR, the Contract Times (or tracts are on the basis of Cost of the Work Milestones) will be extended in an amount equal to plus a fee and no fixed fee is agreed upon , the time lost due to such delay if a Claim is made . the intent of paragraph 12.01 .C.2. a is that therefor as provided in paragraph 12. 02.A. Delays the Subcontractor who actually performs beyond the control of , CONTRACTOR shall include, the Work, at whatever tier, will be paid a fee but not be limited to, acts or neglect by OWNER, acts of 15 percent of the costs incurred by such or neglect of utility owners or other contractors Subcontractor under paragraphs 11 .01 .A. 1 performing other work as contemplated by Article 7, and 11 .01 .A.2 and that any higher tier fires, floods , epidemics, abnormal weather conditions, Subcontractor and CONTRACTOR will or acts of God. each be paid a fee of five percent of the amount paid to the next lower tier Subcon- 12 .04 Delays Within CONTRACTOR 's Control tractor; A. The Contract Times (or Milestones) will not d. no fee shall be payable on the be extended due to delays within the control of basis of costs itemized under paragraphs CONTRACTOR. Delays attributable to and within the 11 .01 .A.4, 11 .01 .A. 5, and 11 .01 . B; control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRAC- e. the amount of credit to be allowed TOR. by CONTRACTOR to OWNER for any change which results in a net decrease in 12 .05 Delays Beyond OWNER's and cost will be the amount of the actual net CONTRACTOR's Control decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal A. Where CONTRACTOR is prevented from to five percent of such net decrease; and completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control f. when both additions and credits are of both OWNER and CONTRACTOR, an extension of involved in any one change, the adjustment the Contract Times (or Milestones) in an amount in CONTRACTOR's fee shall be computed equal to the time lost due to such delay shall be on the basis of the net change in CONTRACTOR's sole and exclusive remedy for such accordance with paragraphs 12.01 .C.2.a delay. through 12.01 .C.2.e, inclusive. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any 00700 - 35 00700 - General Conditions .doc FAEngineeringlCapital Projecls\0701 IRC PARKS COMPLEMContraG Documents Eng11RC Parks Maintenance Comple%\00700 - General Conditions .doc Supplier, or any other person or organization, or to with inspection and testing personnel to facilitate any surety for or employee or agent of any of them , required inspections or tests, for damages arising out of or resulting from: B . OWNEp .-t,-� � �;, ,plo 1 . delays caused by or within the services of an independent testing laborato to control of CONTRACTOR; or perform all inspections , tests, or approvals re red by the Contract Documents except: 2. delays beyond the control of both OWNER and CONTRACTOR including but not 1 . for inspections, to or approvals limited to fires, floods, epidemics, abnormal covered by paragraphs 1 3.0 and 13 .03 . ) weather conditions, acts of God, or acts or below; neglect by utility owners or other contractors performing other work as contemplated by 2. that co incurred in connection with Article 7. tests or ins tions conducted pursuant to paragraph .04 . 6 shall be paid as provided in B . Nothing in this paragraph 12.06 bars a said par raph 13.04. B ; and change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, 3. as otherwise specifically provided in interference , or disruption directly attributable to st Desarnents actions or inactions of OWNER or anyone for whom OWNER is responsible. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected , tested , or approved by an ARTICLE 13 - TESTS AND INSPECTIONS ; employee or other representative of such public body, CORRECTION , REMOVAL OR ACCEPTANCE OF CONTRACTOR shall . assume full responsibility for DEFECTIVE WORK arranging and obtaining such inspections , tests, or approvals, pay all costs in connection therewith, and — furnish ENGINEER the required certificates of inspec- 13 . 01 Notice of Defects tion or approval. D. CONTRACTOR shall be responsible for A. Prompt notice of all defective Work of which arranging and obtaining and shall pay all costs in OWNER or ENGINEER has actual knowledge will be connection with any inspections, tests, or approvals given to CONTRACTOR. All defective Work may be required for OWNER's and ENGINEER's acceptance rejected , corrected, or accepted as provided in this of materials or equipment to be incorporated in the Article 13 . Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to 13 .02 Access to Work CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals A. OWNER, ENGINEER , ENGINEER's Con- shall be performed by organizations acceptable to sultants, other representatives and personnel of OWNER and ENGINEER. OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will E. If any Work (or the work of others) that is to have access to the Site and the Work at reasonable be inspected , tested, or approved is covered by CON- times for their observation, inspecting , and testing. TRACTOR without written concurrence of ENGI- CONTRACTOR shall provide them proper and safe NEER , it must, if requested by ENGINEER , be uncov- conditions for such access and advise them of ered for observation. CONTRACTOR's Site safety procedures and programs so that they may comply therewith as F. Uncovering Work as provided in paragraph applicable. 13 .03 . E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice 13.03 Tests and Inspections of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- A. CONTRACTOR shall give ENGINEER timely ness in response to such notice. notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate 13 .04 Uncovering Work 00700 - General Conditions doc 00700 - 36 F.IEngineeringlCapilal Projedsl0]01 IRC PARKS COMPLEXtContrac[ Oocumenls EngJ RC Parks Idaintenance Complex100700 - General Conditions .don Supplier, or any other person or organization, or to with inspection and testing personnel to facilitate any surety for or employee or agent of any of them , required inspections or tests, for damages arising out of or resulting from: B . OWNEp .-t,-� � �;, ,plo 1 . delays caused by or within the services of an independent testing laborato to control of CONTRACTOR; or perform all inspections , tests, or approvals re red by the Contract Documents except: 2. delays beyond the control of both OWNER and CONTRACTOR including but not 1 . for inspections, to or approvals limited to fires, floods, epidemics, abnormal covered by paragraphs 1 3.0 and 13 .03 . ) weather conditions, acts of God, or acts or below; neglect by utility owners or other contractors performing other work as contemplated by 2. that co incurred in connection with Article 7. tests or ins tions conducted pursuant to paragraph .04 . 6 shall be paid as provided in B . Nothing in this paragraph 12.06 bars a said par raph 13.04. B ; and change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, 3. as otherwise specifically provided in interference , or disruption directly attributable to st Desarnents actions or inactions of OWNER or anyone for whom OWNER is responsible. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected , tested , or approved by an ARTICLE 13 - TESTS AND INSPECTIONS ; employee or other representative of such public body, CORRECTION , REMOVAL OR ACCEPTANCE OF CONTRACTOR shall . assume full responsibility for DEFECTIVE WORK arranging and obtaining such inspections , tests, or approvals, pay all costs in connection therewith, and — furnish ENGINEER the required certificates of inspec- 13 . 01 Notice of Defects tion or approval. D. CONTRACTOR shall be responsible for A. Prompt notice of all defective Work of which arranging and obtaining and shall pay all costs in OWNER or ENGINEER has actual knowledge will be connection with any inspections, tests, or approvals given to CONTRACTOR. All defective Work may be required for OWNER's and ENGINEER's acceptance rejected , corrected, or accepted as provided in this of materials or equipment to be incorporated in the Article 13 . Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to 13 .02 Access to Work CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals A. OWNER, ENGINEER , ENGINEER's Con- shall be performed by organizations acceptable to sultants, other representatives and personnel of OWNER and ENGINEER. OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will E. If any Work (or the work of others) that is to have access to the Site and the Work at reasonable be inspected , tested, or approved is covered by CON- times for their observation, inspecting , and testing. TRACTOR without written concurrence of ENGI- CONTRACTOR shall provide them proper and safe NEER , it must, if requested by ENGINEER , be uncov- conditions for such access and advise them of ered for observation. CONTRACTOR's Site safety procedures and programs so that they may comply therewith as F. Uncovering Work as provided in paragraph applicable. 13 .03 . E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice 13.03 Tests and Inspections of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable prompt- A. CONTRACTOR shall give ENGINEER timely ness in response to such notice. notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate 13 .04 Uncovering Work 00700 - General Conditions doc 00700 - 36 F.IEngineeringlCapilal Projedsl0]01 IRC PARKS COMPLEXtContrac[ Oocumenls EngJ RC Parks Idaintenance Complex100700 - General Conditions .don A. If any Work is covered contrary to the written 13. 06 Correction or Removal of Defective Work request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation A. CONTRACTOR shall correct all defective and replaced at CONTRACTOR's expense. Work, whether or not fabricated, installed, or completed , or, if the Work has been rejected by B . If ENGINEER considers it necessary or ENGINEER, remove it from the Project and replace it advisable that covered Work be observed by ENGI- with Work that is not defective. CONTRACTOR shall NEER or inspected or tested by others, CONTRAC- a TOR, at ENGINEER's request, shall uncover, expose, p t not limited to all Claims, costs, losses, and damages (including or otherwise make available for observation , inspec- architects, attorneysl, and other prro essi nalses and charges ofgineersand all tion , or testing as ENGINEER may require, that court or arbitration or other dispute resolution costs) portion of the Work in question, furnishing all neces- arising out of or relating to such correction or removal sary labor, material, and equipment. If it is found that (including but not limited to all costs of repair or such Work is defective, CONTRACTOR shall pay all replacement of work of others). Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, 13 .07 Correction Period architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) A. If within one year after the date of Substantial arising out of or relating to such uncovering, Completion or such longer period of time as may be exposure, observation, inspection , and testing , and of prescribed by Laws or Regulations or by the terms of satisfactory replacement or reconstruction (including any applicable special guarantee required by the but not limited to all costs of repair or replacement of Contract Documents or by any specific provision of work of others); and OWNER shall be entitled to an the Contract Documents, any Work is found to be appropriate decrease in the Contract Price. If the defective, or if the repair of any damages to the land parties are unable to agree as to the amount thereof, or areas made available for CONTRACTOR's use by OWNER may make a Claim therefor as provided in OWNER or permitted by Laws and Regulations as paragraph 10.05. If, however, such Work is not found contemplated in paragraph 6. 11 .A is found to be to be defective, CONTRACTOR shall be allowed an defective, CONTRACTOR shall promptly, without cost increase in the Contract Price or an extension of the to OWNER and in accordance with OWNER's written Contract Times (or Milestones), or both, directly instructions: (i) repair such defective land or areas , or attributable to such uncovering, exposure, (ii) correct such defective Work or, if the defective observation , inspection , testing , replacement, and Work has been rejected by OWNER, remove it from reconstruction. If the parties are unable to agree as to the Project and replace it with Work that is not the amount or extent thereof, CONTRACTOR may defective, and (iii) satisfactorily correct or repair or make a Claim therefor as provided in paragraph remove and replace any damage to other Work, to the 10. 05 . work of others or other land or areas resulting there- from. If CONTRACTOR does not promptly comply 13.05 OWNER May Stop the Work with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective fails to supply sufficient skilled workers suitable Work corrected or repaired or may have the rejected materials or equipment, or fails to p m the Work in Work removed and replaced , and all Claims, costs, such a way that the comple ork will conform to losses, and damages (including but not limited to all the Contract Docume OWNER may order CON- fees and charges of engineers, architects, attorneys, TRACTOR to s he Work, or any portion thereof, and other professionals and all court or arbitration or until the se for such order has been eliminated; other dispute resolution costs) arising out of or noweqeF—, th1q Fight of OWNER to stop the Wor* shall not give FiS Art of OWNER t- relating to such correction or repair or such removal and replacement (including but not limited to all costs any SubGG of repair or replacement of work of others) will be paid by CONTRACTOR. any of them. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 00700 - 37 00700 - General Conditions .doc F:%Engineering%Capital ProiedsW01 IRC PARKS COMPLEMContract Documents Eng11RC Parks Maintenance COmP18400r00 - General Conditions .doc A. If any Work is covered contrary to the written 13. 06 Correction or Removal of Defective Work request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation A. CONTRACTOR shall correct all defective and replaced at CONTRACTOR's expense. Work, whether or not fabricated, installed, or completed , or, if the Work has been rejected by B . If ENGINEER considers it necessary or ENGINEER, remove it from the Project and replace it advisable that covered Work be observed by ENGI- with Work that is not defective. CONTRACTOR shall NEER or inspected or tested by others, CONTRAC- a TOR, at ENGINEER's request, shall uncover, expose, p t not limited to all Claims, costs, losses, and damages (including or otherwise make available for observation , inspec- architects, attorneysl, and other prro essi nalses and charges ofgineersand all tion , or testing as ENGINEER may require, that court or arbitration or other dispute resolution costs) portion of the Work in question, furnishing all neces- arising out of or relating to such correction or removal sary labor, material, and equipment. If it is found that (including but not limited to all costs of repair or such Work is defective, CONTRACTOR shall pay all replacement of work of others). Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, 13 .07 Correction Period architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) A. If within one year after the date of Substantial arising out of or relating to such uncovering, Completion or such longer period of time as may be exposure, observation, inspection , and testing , and of prescribed by Laws or Regulations or by the terms of satisfactory replacement or reconstruction (including any applicable special guarantee required by the but not limited to all costs of repair or replacement of Contract Documents or by any specific provision of work of others); and OWNER shall be entitled to an the Contract Documents, any Work is found to be appropriate decrease in the Contract Price. If the defective, or if the repair of any damages to the land parties are unable to agree as to the amount thereof, or areas made available for CONTRACTOR's use by OWNER may make a Claim therefor as provided in OWNER or permitted by Laws and Regulations as paragraph 10.05. If, however, such Work is not found contemplated in paragraph 6. 11 .A is found to be to be defective, CONTRACTOR shall be allowed an defective, CONTRACTOR shall promptly, without cost increase in the Contract Price or an extension of the to OWNER and in accordance with OWNER's written Contract Times (or Milestones), or both, directly instructions: (i) repair such defective land or areas , or attributable to such uncovering, exposure, (ii) correct such defective Work or, if the defective observation , inspection , testing , replacement, and Work has been rejected by OWNER, remove it from reconstruction. If the parties are unable to agree as to the Project and replace it with Work that is not the amount or extent thereof, CONTRACTOR may defective, and (iii) satisfactorily correct or repair or make a Claim therefor as provided in paragraph remove and replace any damage to other Work, to the 10. 05 . work of others or other land or areas resulting there- from. If CONTRACTOR does not promptly comply 13.05 OWNER May Stop the Work with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective fails to supply sufficient skilled workers suitable Work corrected or repaired or may have the rejected materials or equipment, or fails to p m the Work in Work removed and replaced , and all Claims, costs, such a way that the comple ork will conform to losses, and damages (including but not limited to all the Contract Docume OWNER may order CON- fees and charges of engineers, architects, attorneys, TRACTOR to s he Work, or any portion thereof, and other professionals and all court or arbitration or until the se for such order has been eliminated; other dispute resolution costs) arising out of or noweqeF—, th1q Fight of OWNER to stop the Wor* shall not give FiS Art of OWNER t- relating to such correction or repair or such removal and replacement (including but not limited to all costs any SubGG of repair or replacement of work of others) will be paid by CONTRACTOR. any of them. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 00700 - 37 00700 - General Conditions .doc F:%Engineering%Capital ProiedsW01 IRC PARKS COMPLEMContract Documents Eng11RC Parks Maintenance COmP18400r00 - General Conditions .doc CONTRACTOR, correct and remedy any such C . Where defective Work (and damage to other deficiency. Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13 .07, B. In exercising the rights and remedies under the correction period hereunder with respect to such this paragraph, OWNER shall proceed expeditiously. Work will be extended for an additional period of one In connection with such corrective and remedial year after such correction or removal and re- action, OWNER may exclude CONTRACTOR from all placement has been satisfactorily completed. or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related D . CONTRACTOR's obligations under this thereto, take possession of CONTRACTOR's tools, paragraph 13 .07 are in addition to any other obligation appliances, construction equipment and machinery at or warranty. The provisions of this paragraph 13.07 the Site, and incorporate in the Work all materials and shall not be construed as a substitute for or a waiver equipment stored at the Site or for which OWNER has of the provisions of any applicable statute of limitation paid CONTRACTOR but which are stored elsewhere. or repose. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's 13 .08 Acceptance of Defective Work other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to A. If, instead of requiring correction or removal exercise the rights and remedies under this and replacement of defective Work, OWNER (and, paragraph. prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may C. All Claims , costs, losses, and damages do so . CONTRACTOR shall pay all Claims , costs , (including but not limited to all fees and charges of losses, and damages (including but not limited to all engineers, architects , attorneys, and other fees and charges of engineers, architects, attorneys, professionals and all court or arbitration or other and other professionals and all court or arbitration or dispute resolution costs) incurred or sustained by other dispute resolution costs) attributable to OWNER in exercising the rights and remedies under OWNER's evaluation of and determination to accept this paragraph 13.09 will be charged against CON- such defective Work (such costs to be approved by TRACTOR, and a Change Order will be issued ENGINEER as to reasonableness) and the incorporating the necessary revisions in the Contract diminished value of the Work to the extent not Documents with respect to the Work; and OWNER otherwise paid by CONTRACTOR pursuant to this shall be entitled to an appropriate decrease in the sentence. If any such acceptance occurs prior to Contract Price. If the parties are unable to agree as ENGINEER's recommendation of final payment, a to the amount of the adjustment, OWNER may make Change Order will be issued incorporating the a Claim therefor as provided in paragraph 10.05. necessary revisions in the Contract Documents with Such claims, costs , losses and damages will include respect to the Work, and OWNER shall be entitled to but not be limited to all costs of repair, or replacement an appropriate decrease in the Contract Price , of work of others destroyed or damaged by correction, reflecting the diminished value of Work so accepted . removal, or replacement of CONTRACTOR's If the parties are unable to agree as to the amount defective Work. thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance D. CONTRACTOR shall not be allowed an occurs after such recommendation , an appropriate extension of the Contract Times (or Milestones) amount will be paid by CONTRACTOR to OWNER. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's 13. 09 OWNER May Correct Defective Work rights and remedies under this paragraph 13.09. A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct ARTICLE 14 - PAYMENTS TO CONTRACTOR defective Work or to remove and replace rejected AND COMPLETION Work as required by ENGINEER in accordance with paragraph 13 .06.A, or if CONTRACTOR fails to _ perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with 14.01 Schedule of Values any other provision of the Contract Documents , OWNER may, after seven days written notice to A. The schedule of values established as provid- ed in paragraph 2 .07.A will serve as the basis for F\FngineeringlCapital ProjectslW01 IRC PARKS COMPLE%1Cordracl Documents Engll 00700 - 39 00]00 - General Conditiens aoc PC Parks Maintenance CoM&A00700 - General Condllions doc CONTRACTOR, correct and remedy any such C . Where defective Work (and damage to other deficiency. Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13 .07, B. In exercising the rights and remedies under the correction period hereunder with respect to such this paragraph, OWNER shall proceed expeditiously. Work will be extended for an additional period of one In connection with such corrective and remedial year after such correction or removal and re- action, OWNER may exclude CONTRACTOR from all placement has been satisfactorily completed. or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related D . CONTRACTOR's obligations under this thereto, take possession of CONTRACTOR's tools, paragraph 13 .07 are in addition to any other obligation appliances, construction equipment and machinery at or warranty. The provisions of this paragraph 13.07 the Site, and incorporate in the Work all materials and shall not be construed as a substitute for or a waiver equipment stored at the Site or for which OWNER has of the provisions of any applicable statute of limitation paid CONTRACTOR but which are stored elsewhere. or repose. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's 13 .08 Acceptance of Defective Work other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to A. If, instead of requiring correction or removal exercise the rights and remedies under this and replacement of defective Work, OWNER (and, paragraph. prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may C. All Claims , costs, losses, and damages do so . CONTRACTOR shall pay all Claims , costs , (including but not limited to all fees and charges of losses, and damages (including but not limited to all engineers, architects , attorneys, and other fees and charges of engineers, architects, attorneys, professionals and all court or arbitration or other and other professionals and all court or arbitration or dispute resolution costs) incurred or sustained by other dispute resolution costs) attributable to OWNER in exercising the rights and remedies under OWNER's evaluation of and determination to accept this paragraph 13.09 will be charged against CON- such defective Work (such costs to be approved by TRACTOR, and a Change Order will be issued ENGINEER as to reasonableness) and the incorporating the necessary revisions in the Contract diminished value of the Work to the extent not Documents with respect to the Work; and OWNER otherwise paid by CONTRACTOR pursuant to this shall be entitled to an appropriate decrease in the sentence. If any such acceptance occurs prior to Contract Price. If the parties are unable to agree as ENGINEER's recommendation of final payment, a to the amount of the adjustment, OWNER may make Change Order will be issued incorporating the a Claim therefor as provided in paragraph 10.05. necessary revisions in the Contract Documents with Such claims, costs , losses and damages will include respect to the Work, and OWNER shall be entitled to but not be limited to all costs of repair, or replacement an appropriate decrease in the Contract Price , of work of others destroyed or damaged by correction, reflecting the diminished value of Work so accepted . removal, or replacement of CONTRACTOR's If the parties are unable to agree as to the amount defective Work. thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance D. CONTRACTOR shall not be allowed an occurs after such recommendation , an appropriate extension of the Contract Times (or Milestones) amount will be paid by CONTRACTOR to OWNER. because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's 13. 09 OWNER May Correct Defective Work rights and remedies under this paragraph 13.09. A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct ARTICLE 14 - PAYMENTS TO CONTRACTOR defective Work or to remove and replace rejected AND COMPLETION Work as required by ENGINEER in accordance with paragraph 13 .06.A, or if CONTRACTOR fails to _ perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with 14.01 Schedule of Values any other provision of the Contract Documents , OWNER may, after seven days written notice to A. The schedule of values established as provid- ed in paragraph 2 .07.A will serve as the basis for F\FngineeringlCapital ProjectslW01 IRC PARKS COMPLE%1Cordracl Documents Engll 00700 - 39 00]00 - General Conditiens aoc PC Parks Maintenance CoM&A00700 - General Condllions doc Progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- TRACTOR may make the necessary NEER. Progress payments on account of Unit Price corrections and resubmit the Application. Work will be based on the number of units completed. 2. ENGINEER'S recommendation of 14.02 Progress Payments any payment requested in an Application for Payment will constitute a representation by A. Applications for Payments ENGINEER to OWNER, based on ENGINEER's observations on the Site of the 1 . At least 20 days before the date executed Work as an experienced and quali- established for each progress payment (but not fied design professional and on ENGINEER's more often than once a review of the Application for Payment and the nth), accompanying data and schedules, that to the CONTRACTOR shall submit to ENGINEER review an Application for Payment filled out and best of ENGINEER'S knowledge, information and belief: signed by CONTRACTOR covering the Work completed as of the date of the Application and a . the Work has progressed to the paint accompanied by such supporting documentation as is required by the Contract indicated; Documents. If payment is requested on the b. the quality of the Work is generally in basis of materials and equipment not incorporated in the Work but delivered and accordance with the Contract Documents suitably stored at the Site or at another location (subject to an evaluation of the Work as a agreed to in writing, the Application for functioning whole prior to or upon Payment shall also be accompanied by a bill of Substantial Completion , to the results of any sale, invoice, or other documentation subsequent tests called for the Contract warranting that OWNER has received the Documents, to a final determination of materials and equipment free and clear of all quantities and classifications for Unit Price Liens and evidence that the materials and Work under paragraph state and to any equipment are covered b a other qualifications stated n the insurance or other arrangements attopprotect recommendation); and OWNER's interest therein, all of which must be satisfactory to OWNER . c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so 2. Beginning with the second Application for Payment, each Application shall far r it is ENGINEER'S responsibility to include an affidavit of CONTRACTOR stating observe the Work. that all previous progress payments received on account of the Work have been applied on 3. BY recommending any such payment ENGINEER will not thereby be account to discharge CONTRACTOR'S legitimate obligations associated with deemed to have represented that: (i) inspec- egiti ations foPayment. prior tions made to check the quality or the quantity of the Work as it has been performed have 3. The amount of retainage with respect been exhaustive, extended to every aspect of to progress payments will be as stipulated in the Work in progress, or involved detailed the Agreement. inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in B. Review ofApplications the Contract Documents; or (ii) that there may not be other matters or issues between the 1 . ENGINEER will, within 10 days after parties that might entitle CONTRACTOR to be receipt of each Application for Payment, either paid additionally by OWNER or entitle OWNER indicate in writing a recommendation of to withhold payment to CONTRACTOR. payment and present the Application to OWNER or return the Application to 4• Neither ork forE he review of of CO CONTRACTOR indicating in writingNTRACTOR'S Work for the purposes 's ENGINEER's reasons for refusing to recommending payments nor ENGINEER'S recommendation will any payment, including recommend payment. In the latter case, CON- final payment, will impose responsibility on ENGINEER to supervise, direct, or control the F:IEngineeringlCapital Projects10701 IRC PARKS COMPLEX1Conlreq Documents En 00700 - 39 00]00 - General Condilions .doc 9 Parks Maintenance ComPlex100700 - General Condilions .doc Progress payments and will be incorporated into a form of Application for Payment acceptable to ENGI- TRACTOR may make the necessary NEER. Progress payments on account of Unit Price corrections and resubmit the Application. Work will be based on the number of units completed. 2. ENGINEER'S recommendation of 14.02 Progress Payments any payment requested in an Application for Payment will constitute a representation by A. Applications for Payments ENGINEER to OWNER, based on ENGINEER's observations on the Site of the 1 . At least 20 days before the date executed Work as an experienced and quali- established for each progress payment (but not fied design professional and on ENGINEER's more often than once a review of the Application for Payment and the nth), accompanying data and schedules, that to the CONTRACTOR shall submit to ENGINEER review an Application for Payment filled out and best of ENGINEER'S knowledge, information and belief: signed by CONTRACTOR covering the Work completed as of the date of the Application and a . the Work has progressed to the paint accompanied by such supporting documentation as is required by the Contract indicated; Documents. If payment is requested on the b. the quality of the Work is generally in basis of materials and equipment not incorporated in the Work but delivered and accordance with the Contract Documents suitably stored at the Site or at another location (subject to an evaluation of the Work as a agreed to in writing, the Application for functioning whole prior to or upon Payment shall also be accompanied by a bill of Substantial Completion , to the results of any sale, invoice, or other documentation subsequent tests called for the Contract warranting that OWNER has received the Documents, to a final determination of materials and equipment free and clear of all quantities and classifications for Unit Price Liens and evidence that the materials and Work under paragraph state and to any equipment are covered b a other qualifications stated n the insurance or other arrangements attopprotect recommendation); and OWNER's interest therein, all of which must be satisfactory to OWNER . c. The conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so 2. Beginning with the second Application for Payment, each Application shall far r it is ENGINEER'S responsibility to include an affidavit of CONTRACTOR stating observe the Work. that all previous progress payments received on account of the Work have been applied on 3. BY recommending any such payment ENGINEER will not thereby be account to discharge CONTRACTOR'S legitimate obligations associated with deemed to have represented that: (i) inspec- egiti ations foPayment. prior tions made to check the quality or the quantity of the Work as it has been performed have 3. The amount of retainage with respect been exhaustive, extended to every aspect of to progress payments will be as stipulated in the Work in progress, or involved detailed the Agreement. inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in B. Review ofApplications the Contract Documents; or (ii) that there may not be other matters or issues between the 1 . ENGINEER will, within 10 days after parties that might entitle CONTRACTOR to be receipt of each Application for Payment, either paid additionally by OWNER or entitle OWNER indicate in writing a recommendation of to withhold payment to CONTRACTOR. payment and present the Application to OWNER or return the Application to 4• Neither ork forE he review of of CO CONTRACTOR indicating in writingNTRACTOR'S Work for the purposes 's ENGINEER's reasons for refusing to recommending payments nor ENGINEER'S recommendation will any payment, including recommend payment. In the latter case, CON- final payment, will impose responsibility on ENGINEER to supervise, direct, or control the F:IEngineeringlCapital Projects10701 IRC PARKS COMPLEX1Conlreq Documents En 00700 - 39 00]00 - General Condilions .doc 9 Parks Maintenance ComPlex100700 - General Condilions .doc Work or for the means, methods, techniques, D . Reduction in Payment sequences, or procedures of construction , or the safety precautions and programs incident 1 . OWNER may refuse to make thereto, or for CONTRACTOR's failure to payment of the full amount recommended by comply with Laws and Regulations applicable ENGINEER because: to CONTRACTOR's performance of the Work. Additionally, said review or recommendation a . claims have been made against will not impose responsibility on ENGINEER to OWNER on account of CONTRACTOR's make any examination to ascertain how or for performance or furnishing of the Work; what purposes CONTRACTOR has used the moneys paid on account of the Contract Price , b . Liens have been filed in connection or to determine that title to any of the Work, with the Work , except where materials , or equipment has passed to CONTRACTOR has delivered a specific OWNER free and clear of any Liens. Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, c. there are other items entitling OWN- in ENGINEER's opinion , it would be incorrect ER to a set-off against the amount to make the representations to OWNER recommended; or referred to in paragraph 14.02. B.2 . ENGI- NEER may also refuse to recommend any d . OWNER has actual knowledge of the such payment or, because of subsequently occurrence of any of the events discovered evidence or the results of subse- enumerated in paragraphs 14.02. B. 5 .a quent inspections or tests, revise or revoke any through 14.02. B.5.c or paragraph 15. 02 .A, such payment recommendation previously made, to such extent as may be necessary in 2. If OWNER refuses to make payment ENGINEER's opinion to protect OWNER from of the full amount recommended by loss because: ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a . the Work is defective, or completed a copy to ENGINEER) stating the reasons for Work has been damaged, requiring such action and promptly pay CONTRACTOR correction or replacement; any amount remaining after deduction of the amount so withheld . OWNER shall promptly b . the Contract Price has been reduced pay CONTRACTOR the amount so withheld, or by Written Amendment or Change Orders ; any adjustment thereto agreed to by OWNER and CONTRACTOR , when CONTRACTOR G. OWNER has been required to corrects to OWNER's satisfaction the reasons correct defective Work or complete Work in for such action. accordance with paragraph 13.09; or i c Int 3. If it is subsequently determined that t� ___.__GEo ti r' ��{ OWNER's refusal of payment was not justified , the occur rea any of the events the amount wrongfully withheld shall be treated ear + a as an amount due as determined by paragraph C. Payment Becomes Due 14.02.C. 1 . 14.03 CONTRACTOR 's Warranty of Title . �tcf Application for Payment to O �o with A. CONTRACTOR warrants and guarantees ENGINEER's recomme n, the amount that title to all Work, materials, and equipment cov- recommended wi ject to the provisions of ered by any Application for Payment, whether incor- paragra 2.D) become due, and when porated in the Project or not, will pass to OWNER no flulater than the time of payment free and clear of all TeRLiens . 00700 - 40 00700 General Condltions .doc F lEngineering\Capital Projeds1DI01 IRC PARKS COMPLEX1Contract Documents Eng\IRC Parks Maintenance Complexax700 - General Conditions .doe Work or for the means, methods, techniques, D . Reduction in Payment sequences, or procedures of construction , or the safety precautions and programs incident 1 . OWNER may refuse to make thereto, or for CONTRACTOR's failure to payment of the full amount recommended by comply with Laws and Regulations applicable ENGINEER because: to CONTRACTOR's performance of the Work. Additionally, said review or recommendation a . claims have been made against will not impose responsibility on ENGINEER to OWNER on account of CONTRACTOR's make any examination to ascertain how or for performance or furnishing of the Work; what purposes CONTRACTOR has used the moneys paid on account of the Contract Price , b . Liens have been filed in connection or to determine that title to any of the Work, with the Work , except where materials , or equipment has passed to CONTRACTOR has delivered a specific OWNER free and clear of any Liens. Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, c. there are other items entitling OWN- in ENGINEER's opinion , it would be incorrect ER to a set-off against the amount to make the representations to OWNER recommended; or referred to in paragraph 14.02. B.2 . ENGI- NEER may also refuse to recommend any d . OWNER has actual knowledge of the such payment or, because of subsequently occurrence of any of the events discovered evidence or the results of subse- enumerated in paragraphs 14.02. B. 5 .a quent inspections or tests, revise or revoke any through 14.02. B.5.c or paragraph 15. 02 .A, such payment recommendation previously made, to such extent as may be necessary in 2. If OWNER refuses to make payment ENGINEER's opinion to protect OWNER from of the full amount recommended by loss because: ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a . the Work is defective, or completed a copy to ENGINEER) stating the reasons for Work has been damaged, requiring such action and promptly pay CONTRACTOR correction or replacement; any amount remaining after deduction of the amount so withheld . OWNER shall promptly b . the Contract Price has been reduced pay CONTRACTOR the amount so withheld, or by Written Amendment or Change Orders ; any adjustment thereto agreed to by OWNER and CONTRACTOR , when CONTRACTOR G. OWNER has been required to corrects to OWNER's satisfaction the reasons correct defective Work or complete Work in for such action. accordance with paragraph 13.09; or i c Int 3. If it is subsequently determined that t� ___.__GEo ti r' ��{ OWNER's refusal of payment was not justified , the occur rea any of the events the amount wrongfully withheld shall be treated ear + a as an amount due as determined by paragraph C. Payment Becomes Due 14.02.C. 1 . 14.03 CONTRACTOR 's Warranty of Title . �tcf Application for Payment to O �o with A. CONTRACTOR warrants and guarantees ENGINEER's recomme n, the amount that title to all Work, materials, and equipment cov- recommended wi ject to the provisions of ered by any Application for Payment, whether incor- paragra 2.D) become due, and when porated in the Project or not, will pass to OWNER no flulater than the time of payment free and clear of all TeRLiens . 00700 - 40 00700 General Condltions .doc F lEngineering\Capital Projeds1DI01 IRC PARKS COMPLEX1Contract Documents Eng\IRC Parks Maintenance Complexax700 - General Conditions .doe 14. 04 Substantial Completion CONTRACTOR reasonable access to complete or correct items on the tentative list. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall 14.05 Partial Utilization notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items A. Use by OWNER at Of the W option h any P substantially completed part of the Work which has specifically listed by CONTRACTOR as incomplete) specifically been identified in the Contract Documents, and request that ENGINEER issue a certificate of Substantial Completion . Promptly thereafter, a which OWNER, ENGINEER , and CONTRACTOR OWNER, CONTRACTOR , and ENGINEER shall agree constitutes a separately functioning and usable make an inspection of the Work to determine the Part of the Work that can be used t interference OWNER for its status of completion . If ENGINEER does not consider intended purpose without significant eremain with the Work substantially complete, ENGINEER will CONTRACTOR'S performance of the remainder of notify CONTRACTOR in writing the Work, may accomplished prior to Substantial therefore. 9 giving the reasons Completion of all11 the Work subject to the following conditions. 1 . OWNER at any time may request CONTRACTOR in writing to permit OWNER to �attive l use any such part of the Work which OWNER believes to be. ready for its intended use and YS substantially complete. If CONTRACTOR ma whiela-te agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such lodes part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify censideratiGn nF OWNERh 1• OWNER and ENGINEER in writing that s 9 censld ' CONTRACTOR considers any such part of the Work ready for its intended use and substan- and dplitfAF to tially complete and request ENGINEER to issue a certificate of Substantial Completion for tentative list of itemi; I that part of the Work. Within a reasonable time after either such request, OWNER , Ric; FNGIN—E ' Cl AfteF GO " CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion . If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER FeSPORSUi6 -f will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to FrRiRleRARGIFI , he -- t, utilities, insulza� be substantially complete, the provisions of and gearanfeE3 6. paragraph 14 .04 will apply with respect to certification of Substantial Completion of that inform ii part of the Work and the division of responsibility in respect thereof and access Van, F=Nal� l thereto. payment. 2. No occupancy or separate operation of part of the Work may occur prior to B. OWNER shall have the right to exclude compliance with the requirements of paragraph CONTRACTOR from the Site after the date of 5. 10 regarding property insurance. Substantial Completion, but OWNER shall allow 00700 - 41 00700 - General Conditions dod: F3EngineennglCapital Projecls10701 IRC PARKS COMPLEMContract Documents Eng11RG Parks Maintenance ComPle%100700 - General Conditions .doc 14. 04 Substantial Completion CONTRACTOR reasonable access to complete or correct items on the tentative list. A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall 14.05 Partial Utilization notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items A. Use by OWNER at Of the W option h any P substantially completed part of the Work which has specifically listed by CONTRACTOR as incomplete) specifically been identified in the Contract Documents, and request that ENGINEER issue a certificate of Substantial Completion . Promptly thereafter, a which OWNER, ENGINEER , and CONTRACTOR OWNER, CONTRACTOR , and ENGINEER shall agree constitutes a separately functioning and usable make an inspection of the Work to determine the Part of the Work that can be used t interference OWNER for its status of completion . If ENGINEER does not consider intended purpose without significant eremain with the Work substantially complete, ENGINEER will CONTRACTOR'S performance of the remainder of notify CONTRACTOR in writing the Work, may accomplished prior to Substantial therefore. 9 giving the reasons Completion of all11 the Work subject to the following conditions. 1 . OWNER at any time may request CONTRACTOR in writing to permit OWNER to �attive l use any such part of the Work which OWNER believes to be. ready for its intended use and YS substantially complete. If CONTRACTOR ma whiela-te agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such lodes part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify censideratiGn nF OWNERh 1• OWNER and ENGINEER in writing that s 9 censld ' CONTRACTOR considers any such part of the Work ready for its intended use and substan- and dplitfAF to tially complete and request ENGINEER to issue a certificate of Substantial Completion for tentative list of itemi; I that part of the Work. Within a reasonable time after either such request, OWNER , Ric; FNGIN—E ' Cl AfteF GO " CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion . If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER FeSPORSUi6 -f will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to FrRiRleRARGIFI , he -- t, utilities, insulza� be substantially complete, the provisions of and gearanfeE3 6. paragraph 14 .04 will apply with respect to certification of Substantial Completion of that inform ii part of the Work and the division of responsibility in respect thereof and access Van, F=Nal� l thereto. payment. 2. No occupancy or separate operation of part of the Work may occur prior to B. OWNER shall have the right to exclude compliance with the requirements of paragraph CONTRACTOR from the Site after the date of 5. 10 regarding property insurance. Substantial Completion, but OWNER shall allow 00700 - 41 00700 - General Conditions dod: F3EngineennglCapital Projecls10701 IRC PARKS COMPLEMContract Documents Eng11RG Parks Maintenance ComPle%100700 - General Conditions .doc 14.06 Final Inspection collateral satisfactory to OWNER to indemnify OWNER against any Lien . A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is B. Review of Application and Acceptance complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will 1 . If, on the basis of ENGINEER's notify CONTRACTOR in writing of all particulars in observation of the Work during construction which this inspection reveals that the Work is and final inspection, and ENGINEER's review incomplete or defective. CONTRACTOR shall of the final Application for Payment and immediately take such measures as are necessary to accompanying documentation as required by complete such Work or remedy such deficiencies. the Contract Documents, ENGINEER is satisfied that the Work has been completed 14 .07 Final Payment and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, A. Application for Payment ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in 1 . After CONTRACTOR has , in the writing ENGINEER's recommendation of opinion of ENGINEER, satisfactorily completed payment and present the Application for all corrections identified during the final Payment to OWNER for payment. At the same inspection and has delivered , in accordance time ENGINEER will also give written notice to with the Contract Documents , all maintenance OWNER and CONTRACTOR that the Work is and operating instructions, schedules, guaran- acceptable subject to the provisions of tees, Bonds, certificates or other evidence of paragraph 14 .09. Otherwise, ENGINEER will insurance certificates of inspection, marked-up return the Application for Payment to record documents (as provided in paragraph CONTRACTOR , indicating in writing the 6. 12), and other documents, CONTRACTOR reasons for refusing to recommend final may make application for final payment follow- payment, in which case CONTRACTOR shall ing the procedure for progress payments. make the necessary corrections and resubmit the Application for Payment. 2. The final Application for Payment shall be accompanied (except as previously C. Payment Becomes Due delivered) by: (i) all documentation called for in the Contract Documents , including but not 1 . Thirty days after the presentation to limited to the evidence of insurance required by OWNER of the Application for Payment and subparagraph 5.04. 13. 7; (ii) consent of the accompanying documentation , the amount surety, if any, to final payment; and (iii) recommended by ENGINEER will become due complete and legally effective releases or and , when due , will be paid by OWNER to waivers (satisfactory to OWNER) of all Lien CONTRACTOR . rights arising out of or Liens filed in connection with the Work. 14.08 Final Completion Delayed 3 . In lieu of the releases or waivers of A. If, through no fault of CONTRACTOR, final Liens specified in paragraph 14.07.A. 2 and as completion of the Work is significantly delayed, and if approved by OWNER, CONTRACTOR may ENGINEER so confirms, OWNER shall, upon receipt furnish receipts or releases in full and an of CONTRACTOR's final Application for Payment and affidavit of CONTRACTOR that: (i) the releases recommendation of ENGINEER , and without and receipts include all labor, services , terminating the Agreement, make payment of the material , and equipment for which a Lien could balance due for that portion of the Work fully be filed; and (ii) all payrolls, material and completed and accepted. If the remaining balance to equipment bills , and other indebtedness be held by OWNER for Work not fully completed or connected with the Work for which OWNER or corrected is less than the retainage stipulated in the OWNER's property might in any way be Agreement, and if Bonds have been furnished as responsible have been paid or otherwise satis- required in paragraph 5.01 , the written consent of the fied . If any Subcontractor or Supplier fails to surety to the payment of the balance due for that furnish such a release or receipt in full, CON- portion of the Work fully completed and accepted TRACTOR may furnish a Bond or other shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment 00700 - General Condit ons .don 00700 - 42 F1engineering\Capital Projecls`,0701 IRC PARKS COMPLER1Ccnlract Documenls Eng\IRC Parks Maintenance Complex100700 - General Conditions doc 14.06 Final Inspection collateral satisfactory to OWNER to indemnify OWNER against any Lien . A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is B. Review of Application and Acceptance complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will 1 . If, on the basis of ENGINEER's notify CONTRACTOR in writing of all particulars in observation of the Work during construction which this inspection reveals that the Work is and final inspection, and ENGINEER's review incomplete or defective. CONTRACTOR shall of the final Application for Payment and immediately take such measures as are necessary to accompanying documentation as required by complete such Work or remedy such deficiencies. the Contract Documents, ENGINEER is satisfied that the Work has been completed 14 .07 Final Payment and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, A. Application for Payment ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in 1 . After CONTRACTOR has , in the writing ENGINEER's recommendation of opinion of ENGINEER, satisfactorily completed payment and present the Application for all corrections identified during the final Payment to OWNER for payment. At the same inspection and has delivered , in accordance time ENGINEER will also give written notice to with the Contract Documents , all maintenance OWNER and CONTRACTOR that the Work is and operating instructions, schedules, guaran- acceptable subject to the provisions of tees, Bonds, certificates or other evidence of paragraph 14 .09. Otherwise, ENGINEER will insurance certificates of inspection, marked-up return the Application for Payment to record documents (as provided in paragraph CONTRACTOR , indicating in writing the 6. 12), and other documents, CONTRACTOR reasons for refusing to recommend final may make application for final payment follow- payment, in which case CONTRACTOR shall ing the procedure for progress payments. make the necessary corrections and resubmit the Application for Payment. 2. The final Application for Payment shall be accompanied (except as previously C. Payment Becomes Due delivered) by: (i) all documentation called for in the Contract Documents , including but not 1 . Thirty days after the presentation to limited to the evidence of insurance required by OWNER of the Application for Payment and subparagraph 5.04. 13. 7; (ii) consent of the accompanying documentation , the amount surety, if any, to final payment; and (iii) recommended by ENGINEER will become due complete and legally effective releases or and , when due , will be paid by OWNER to waivers (satisfactory to OWNER) of all Lien CONTRACTOR . rights arising out of or Liens filed in connection with the Work. 14.08 Final Completion Delayed 3 . In lieu of the releases or waivers of A. If, through no fault of CONTRACTOR, final Liens specified in paragraph 14.07.A. 2 and as completion of the Work is significantly delayed, and if approved by OWNER, CONTRACTOR may ENGINEER so confirms, OWNER shall, upon receipt furnish receipts or releases in full and an of CONTRACTOR's final Application for Payment and affidavit of CONTRACTOR that: (i) the releases recommendation of ENGINEER , and without and receipts include all labor, services , terminating the Agreement, make payment of the material , and equipment for which a Lien could balance due for that portion of the Work fully be filed; and (ii) all payrolls, material and completed and accepted. If the remaining balance to equipment bills , and other indebtedness be held by OWNER for Work not fully completed or connected with the Work for which OWNER or corrected is less than the retainage stipulated in the OWNER's property might in any way be Agreement, and if Bonds have been furnished as responsible have been paid or otherwise satis- required in paragraph 5.01 , the written consent of the fied . If any Subcontractor or Supplier fails to surety to the payment of the balance due for that furnish such a release or receipt in full, CON- portion of the Work fully completed and accepted TRACTOR may furnish a Bond or other shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment 00700 - General Condit ons .don 00700 - 42 F1engineering\Capital Projecls`,0701 IRC PARKS COMPLER1Ccnlract Documenls Eng\IRC Parks Maintenance Complex100700 - General Conditions doc shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 2• CONTRACTOR's disregard of Laws or Regulations of any public body having 14 . 09 WaiverofCiaims jurisdiction; A. The making and acceptance of final payment 3. CONTRACTOR's disregard of the will constitute: authority of ENGINEER; or 1 . 4. CONTRACTOR's violation in any a waiver of all Claims by OWNER substantial way of any provisions of the against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work Contract Documents. appearing after final inspection pursuant to B. If one or more of the events identified in paragraph 14.06, from failure to comply with paragraph 15.02.A occur, OWNER may, after giving the Contract Documents or the terms of any CONTRACTOR (and the surety, if any) seven days special guarantees specified therein, or from written notice, terminate the services of CONTRACTOR's continuing obligations under CONTRACTOR, exclude CONTRACTOR from the the Contract Documents; and Site, and take possession of the Work and of all 2. a waiver of all Claims by CONTRAC- CONTRACTOR's tools, appliances, construction TOR against OWNER other than those equipment, and machinery at the Site, and use the previously made in writing which are still same to the full extent they could be used by unsettled. CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for ARTICLE 15 - SUSPENSION OF WORK AND which OWNER has paid CONTRACTOR but which TERMINATION are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the 15. 01 OWNER May Suspend Work Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and A. At any time and without cause, OWNER ma charges of engineers, architects, attorneys, and other suspend the Work or an y professionals and y portion thereof fora period dispute resolution all court or arbitration or other costs) sustained b of not more than 90 consecutive days by notice iny OWNER arising out of or relating to completing the Work, suchwriting to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- excess will be paid to CONTRACTOR. If such claims, TRACTOR shall resume the Work on the date so costs, losses, and damages exceed such unpaid fixed. CONTRACTOR shall be allowed an adjust- balance, CONTRACTOR shall pay the difference to merit in the Contract Times, or both , directly attributable to an Contract Price or an extension ofthe OWNER. Such claims , costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER such suspension if CONTRACTOR makes a Claim as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When therefor as provided in paragraph 10. 05. exercising any rights or remedies under this 15. 02 OWNER May Terminate for Cause paragraph OWNER shall not be required to obtain the lowest price for the Work performed. A. The occurrence of any one or more of the C. following events will justify termination for cause: so teerr Where CONTRACTOR'S services have been minated by OWNER, the termination will not i . affect any rights or remedies of OWNER against CONTRACTOR's persistent failure to Perform the Work in accordance with the to then existing or which may thereafter Contract Documents (including, but not limited accrue. Any retention or payment of moneys due to, failure to supply sufficient skilled workers or CONTRACTOR by OWNER will not release CON- suitable materials or equipment or failure to TRACTOR from liability. adhere to the progress schedule established 15.03 OWNER May Terminate For Convenience under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6 .04); 0 7 00700 - General Conditions Alec Projeos10701 IRC PARKS COMPLEXContract Documents En9VRCParks Maintenance Com IeA00700 - General Contlitpns .tloc shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 2• CONTRACTOR's disregard of Laws or Regulations of any public body having 14 . 09 WaiverofCiaims jurisdiction; A. The making and acceptance of final payment 3. CONTRACTOR's disregard of the will constitute: authority of ENGINEER; or 1 . 4. CONTRACTOR's violation in any a waiver of all Claims by OWNER substantial way of any provisions of the against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work Contract Documents. appearing after final inspection pursuant to B. If one or more of the events identified in paragraph 14.06, from failure to comply with paragraph 15.02.A occur, OWNER may, after giving the Contract Documents or the terms of any CONTRACTOR (and the surety, if any) seven days special guarantees specified therein, or from written notice, terminate the services of CONTRACTOR's continuing obligations under CONTRACTOR, exclude CONTRACTOR from the the Contract Documents; and Site, and take possession of the Work and of all 2. a waiver of all Claims by CONTRAC- CONTRACTOR's tools, appliances, construction TOR against OWNER other than those equipment, and machinery at the Site, and use the previously made in writing which are still same to the full extent they could be used by unsettled. CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for ARTICLE 15 - SUSPENSION OF WORK AND which OWNER has paid CONTRACTOR but which TERMINATION are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the 15. 01 OWNER May Suspend Work Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and A. At any time and without cause, OWNER ma charges of engineers, architects, attorneys, and other suspend the Work or an y professionals and y portion thereof fora period dispute resolution all court or arbitration or other costs) sustained b of not more than 90 consecutive days by notice iny OWNER arising out of or relating to completing the Work, suchwriting to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CON- excess will be paid to CONTRACTOR. If such claims, TRACTOR shall resume the Work on the date so costs, losses, and damages exceed such unpaid fixed. CONTRACTOR shall be allowed an adjust- balance, CONTRACTOR shall pay the difference to merit in the Contract Times, or both , directly attributable to an Contract Price or an extension ofthe OWNER. Such claims , costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER such suspension if CONTRACTOR makes a Claim as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When therefor as provided in paragraph 10. 05. exercising any rights or remedies under this 15. 02 OWNER May Terminate for Cause paragraph OWNER shall not be required to obtain the lowest price for the Work performed. A. The occurrence of any one or more of the C. following events will justify termination for cause: so teerr Where CONTRACTOR'S services have been minated by OWNER, the termination will not i . affect any rights or remedies of OWNER against CONTRACTOR's persistent failure to Perform the Work in accordance with the to then existing or which may thereafter Contract Documents (including, but not limited accrue. Any retention or payment of moneys due to, failure to supply sufficient skilled workers or CONTRACTOR by OWNER will not release CON- suitable materials or equipment or failure to TRACTOR from liability. adhere to the progress schedule established 15.03 OWNER May Terminate For Convenience under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6 .04); 0 7 00700 - General Conditions Alec Projeos10701 IRC PARKS COMPLEXContract Documents En9VRCParks Maintenance Com IeA00700 - General Contlitpns .tloc A. Upon seven days written notice to CON- CONTRACTOR any sum finally determined to be TRACTOR and ENGINEER , OWNER may, without due, CONTRACTOR may, seven days after written cause and without prejudice to any other right or notice to OWNER and ENGINEER, stop the Work remedy of OWNER , elect to terminate the Contract. until payment is made of all such amounts due In such case, CONTRACTOR shall be paid (without CONTRACTOR, including interest thereon . The duplication of any items): provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under 1 . for completed and acceptable Work paragraph 10.05 for an adjustment in Contract Price executed in accordance with the Contract or Contract Times or otherwise for expenses or Documents prior to the effective date of damage directly attributable to CONTRACTOR's termination , including fair and reasonable sums stopping m the Work as permitted by this paragraph . for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing ARTICLE 16 - DISPUTE RESOLUTION services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted 16 .01 Methods and Procedures Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures , overhead and profit on such expenses; if any, shall be as set forth in the Supplementary 3. for all claims, costs, losses, and Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 damages (including but not limited to all fees and 10.05, OWNER and CONTRACTOR may and charges of engineers, architects, exercise such rights or remedies as either may attorneys , and other professionals and all court otherwise have under the Contract Documents or by or arbitration or other dispute resolution costs) Laws or Regulations in respect of any dispute. incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly ARTICLE 17 - MISCELLANEOUS attributable to termination. B. CONTRACTOR shall not be paid on account Of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termination. A. Whenever any provision of the Contract Documents requires the giving of written notice, it will 15 .04 CONTRACTOR May Stop Work or be deemed to have been validly given if delivered in Terminate person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, A. If, through no act or fault of CONTRACTOR, or if delivered at or sent by registered or certified mail, the Work is suspended for more than 90 consecutive postage prepaid, to the last business address known days by OWNER or under an order of court or other to the giver of the notice. public authority, or ENGINEER fails to act on any 17.02 Computation of Times Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CON- TRACTOR any sum finally determined to be due, then ContrtWhen any period of time it referred to in the CONTRACTOR may, upon seven days written notice act Documents by days, it will be computed to to OWNER and ENGINEER , and provided OWNER exclude the first and include the last day of such or ENGINEER do not remedy such suspension or Period. If the last day of any such period falls on a p Saturday or Sundayon day made a legal holiday failure within that time, terminate the Contract and by the law ro the applicable jurisdiction , such day will recover from OWNER payment on the same terms as provided in paragraph 15.03 . In lieu of terminating the be omitted from the computation . Contract and without prejudice to any other right or 17.03 Cumulative Remedies remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is A. The duties and obligations imposed submitted, or OWNER has failed for 30 days to pay Genthese General Conditions and the rights and remedies avail- PTngineerin9iCapital Proje Ys1W01 IRC PARKS COMPLEX1Conlroct Documents 00700 - 44 00700 - General Conditonsdoc ngMaintenance Com lex00]00 - General Conditions do A. Upon seven days written notice to CON- CONTRACTOR any sum finally determined to be TRACTOR and ENGINEER , OWNER may, without due, CONTRACTOR may, seven days after written cause and without prejudice to any other right or notice to OWNER and ENGINEER, stop the Work remedy of OWNER , elect to terminate the Contract. until payment is made of all such amounts due In such case, CONTRACTOR shall be paid (without CONTRACTOR, including interest thereon . The duplication of any items): provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under 1 . for completed and acceptable Work paragraph 10.05 for an adjustment in Contract Price executed in accordance with the Contract or Contract Times or otherwise for expenses or Documents prior to the effective date of damage directly attributable to CONTRACTOR's termination , including fair and reasonable sums stopping m the Work as permitted by this paragraph . for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing ARTICLE 16 - DISPUTE RESOLUTION services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted 16 .01 Methods and Procedures Work, plus fair and reasonable sums for A. Dispute resolution methods and procedures , overhead and profit on such expenses; if any, shall be as set forth in the Supplementary 3. for all claims, costs, losses, and Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 damages (including but not limited to all fees and 10.05, OWNER and CONTRACTOR may and charges of engineers, architects, exercise such rights or remedies as either may attorneys , and other professionals and all court otherwise have under the Contract Documents or by or arbitration or other dispute resolution costs) Laws or Regulations in respect of any dispute. incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly ARTICLE 17 - MISCELLANEOUS attributable to termination. B. CONTRACTOR shall not be paid on account Of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termination. A. Whenever any provision of the Contract Documents requires the giving of written notice, it will 15 .04 CONTRACTOR May Stop Work or be deemed to have been validly given if delivered in Terminate person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, A. If, through no act or fault of CONTRACTOR, or if delivered at or sent by registered or certified mail, the Work is suspended for more than 90 consecutive postage prepaid, to the last business address known days by OWNER or under an order of court or other to the giver of the notice. public authority, or ENGINEER fails to act on any 17.02 Computation of Times Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CON- TRACTOR any sum finally determined to be due, then ContrtWhen any period of time it referred to in the CONTRACTOR may, upon seven days written notice act Documents by days, it will be computed to to OWNER and ENGINEER , and provided OWNER exclude the first and include the last day of such or ENGINEER do not remedy such suspension or Period. If the last day of any such period falls on a p Saturday or Sundayon day made a legal holiday failure within that time, terminate the Contract and by the law ro the applicable jurisdiction , such day will recover from OWNER payment on the same terms as provided in paragraph 15.03 . In lieu of terminating the be omitted from the computation . Contract and without prejudice to any other right or 17.03 Cumulative Remedies remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is A. The duties and obligations imposed submitted, or OWNER has failed for 30 days to pay Genthese General Conditions and the rights and remedies avail- PTngineerin9iCapital Proje Ys1W01 IRC PARKS COMPLEX1Conlroct Documents 00700 - 44 00700 - General Conditonsdoc ngMaintenance Com lex00]00 - General Conditions do able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation , right, and remedy to which they apply. 17. 04 Survivat of Obligations A. All representations , indemnifications, warran- ties, and guarantees made in , required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion , and acceptance of the Work or termination or comple- tion of the Agreement. 17 .05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located . 00700 - 45 00700 - General Conditions .doc RC Park F.1Engineering\Capital Projectsl0]01 IRC PARKS CCMPLEMContrad Documents Eng\Is Maintenance Complex100700 - General Conditions .doc able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations , by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation , right, and remedy to which they apply. 17. 04 Survivat of Obligations A. All representations , indemnifications, warran- ties, and guarantees made in , required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion , and acceptance of the Work or termination or comple- tion of the Agreement. 17 .05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located . 00700 - 45 00700 - General Conditions .doc RC Park F.1Engineering\Capital Projectsl0]01 IRC PARKS CCMPLEMContrad Documents Eng\Is Maintenance Complex100700 - General Conditions .doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Introduction Article Number 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 Concerning Subcontractors, Suppliers and Others SC — 6 . 06 Permits SC — 6. 08 Taxes SC — 6. 10 Test and Inspections SC — 13 . 03 OWNER May Stop the Work SC — 13 .05 Progress Payments SC — 14 .02 Mediation SC —16 . 02 Miscellaneous Sc — 17 . 00 00800-i 00800 - Supplementary Conditions REV 04-07.doc F:\EngineeringlCapital Projects\0701 IRC PARKS COMPLEXIContract Documents Eng\IRC Parks Maintenance Complex\00800 - Supplementary Conditions REV 04-07.doc SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS Article Title Introduction Article Number 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 Concerning Subcontractors, Suppliers and Others SC — 6 . 06 Permits SC — 6. 08 Taxes SC — 6. 10 Test and Inspections SC — 13 . 03 OWNER May Stop the Work SC — 13 .05 Progress Payments SC — 14 .02 Mediation SC —16 . 02 Miscellaneous Sc — 17 . 00 00800-i 00800 - Supplementary Conditions REV 04-07.doc F:\EngineeringlCapital Projects\0701 IRC PARKS COMPLEXIContract Documents Eng\IRC Parks Maintenance Complex\00800 - Supplementary Conditions REV 04-07.doc 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 -2. 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required .of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final Payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2. 06 Preconstruction Conference SC-2 . 06 Delete paragraph GC-2. 06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Engineer will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 . 05. 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. 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. EV 04-07.doc 0800-1 E:lEngineeringlCapital Projects5070101RC PARKS COMPLEKContract Documents Eog11RC Parks Maitntenance Complex%o800 - Supplementary Conditions REV 04-07.doc 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 -2. 05 Before Starting Construction SC-2 . 05 . C . Delete paragraph GC 2. 05. 0 in its entirety and insert the following paragraph in its place: C . Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required .of the Subcontractor has been so obtained and approved . All such insurance shall remain in effect until final Payment and at all times thereafter when CONTRACTOR may be correcting , removing or replacing defective Work in accordance with Article 13 . SC -2. 06 Preconstruction Conference SC-2 . 06 Delete paragraph GC-2. 06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, the Engineer will call a preconstruction conference at a place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2 . 05. 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. 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. EV 04-07.doc 0800-1 E:lEngineeringlCapital Projects5070101RC PARKS COMPLEKContract Documents Eog11RC Parks Maitntenance Complex%o800 - Supplementary Conditions REV 04-07.doc B. Written/computed dimensions shall govern over scaled dimensions . SC-4. 02 Subsurface and Physical Conditions SC-4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: Geotechnical Report — A. M . Engineering and Testing , Inc . , April 30 , 2007 . D . Reports and drawings itemized in SC-4. 02 .0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building , Public Works 1801 27th Street Vero Beach Florida 32960 during regular business hours . These reports and drawings are not part of the Contract Documents . SC -5. 01 Performance, Payment and Other Bonds SC-5 . 01 .A . Delete paragraph GC-5. 01.A in its entirety and insert the following paragraphs in its place: A. Within ten ( 10) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 100 % of the Contract Price and a Payment Bond in an amount equal to 100% of the Contract Price. 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 1 q0% of the Contract Price is not an acceptable substitute . 2 . In lieu of the Performance and Payment Bonds , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check , cashier's check , irrevocable letter of credit or a security as listed in Part II of F. S . Chapter 625 . Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER. 3 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER . 4 . The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . SC-5.03 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: 00800-2 00800 - Supplementary Conditions REV 04-07.doc F:1Engineering\Capita1 Projects\0701 IRC PARKS COMPLEX1Contract Documents Eng\IRC Parks Maintenance Complex=80o - Supplementary Conditions REV 04-07.doc B. Written/computed dimensions shall govern over scaled dimensions . SC-4. 02 Subsurface and Physical Conditions SC-4 . 02 Add the following new paragraphs immediately after paragraph GC-4. 02. 8: C . In the preparation of Drawings and Specifications , ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: Geotechnical Report — A. M . Engineering and Testing , Inc . , April 30 , 2007 . D . Reports and drawings itemized in SC-4. 02 .0 are not included with the Bidding Documents. Copies may be examined at Indian River County Administration Building , Public Works 1801 27th Street Vero Beach Florida 32960 during regular business hours . These reports and drawings are not part of the Contract Documents . SC -5. 01 Performance, Payment and Other Bonds SC-5 . 01 .A . Delete paragraph GC-5. 01.A in its entirety and insert the following paragraphs in its place: A. Within ten ( 10) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 100 % of the Contract Price and a Payment Bond in an amount equal to 100% of the Contract Price. 1 . The CONTRACTOR shall provide two separate bonds . A combined Payment and Performance Bond for 1 q0% of the Contract Price is not an acceptable substitute . 2 . In lieu of the Performance and Payment Bonds , the CONTRACTOR may furnish an alternative form of security in the form of cash , money order, certified check , cashier's check , irrevocable letter of credit or a security as listed in Part II of F. S . Chapter 625 . Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required . The determination of the value of an alternative form of security shall be made by the OWNER. 3 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER . 4 . The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . SC-5.03 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: 00800-2 00800 - Supplementary Conditions REV 04-07.doc F:1Engineering\Capita1 Projects\0701 IRC PARKS COMPLEX1Contract Documents Eng\IRC Parks Maintenance Complex=80o - Supplementary Conditions REV 04-07.doc C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker's Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident, $500 , 000 disease (policy limit) and $ 100 , 000 disease (each employee ). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR . 2 . Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C. Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability Of $ 1 ,000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C. Non -Owned Autos . 4 . CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5 . Special Requirements: a . Ten ( 10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval . b. " Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance . C. The OWNER will be given thirty (30 ) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6 . 20 of the General Conditions) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . 00800-3 00800 - Supplementary Conditions REV 04-07.doc F:IEngineering\Capital Projects10701 IRC PARKS COMPLEXVContract Documents En911RC Parks Maintenance Complex100800 - Supplementary Conditions REV 04-07.doc C . The limits of liability for the insurance required by paragraph 5 . 04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations : 1 . Worker's Compensation : To meet statutory limits in compliance with the Worker's Compensation Law of Florida . This policy must include Employer Liability with a limit $ 100 , 000 for each accident, $500 , 000 disease (policy limit) and $ 100 , 000 disease (each employee ). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR . 2 . Commercial General Liability: Coverage shall provide minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a . Premises/Operations b . Products/Completed Operations C. Contractual Liability d . Independent Contractors e . Explosion f. Collapse g . Underground . 3 . Business Auto Liability : Coverage shall provide minimum limits of liability Of $ 1 ,000 , 000 per occurrence Combined Single Limit for Bodily Injury and Property Damage . This shall include coverage for: a . Owner Autos b . Hired Autos C. Non -Owned Autos . 4 . CONTRACTOR's "All Risk" Insurance: CONTRACTOR shall secure Builders' Risk "All Risk" insurance at his expense and provide properly completed and executed "Certificates of Insurance and Insurance Endorsement" forms in the exact wording and format presented in these Contract Documents before starting work. 5 . Special Requirements: a . Ten ( 10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval . b. " Indian River County Florida" will be named as "Additional Insured" on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance . C. The OWNER will be given thirty (30 ) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6 . 20 of the General Conditions) . e . It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements , which are subject to modification in response to high hazard operation . 00800-3 00800 - Supplementary Conditions REV 04-07.doc F:IEngineering\Capital Projects10701 IRC PARKS COMPLEXVContract Documents En911RC Parks Maintenance Complex100800 - Supplementary Conditions REV 04-07.doc g . Insurer must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . 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 . C. SC -5. 05 OWNER's Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05.A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers , directors, partners, employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder's Risk "All Risk" or 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 00800-4 00800 - Supplementary Conditions REV 04-07.doc B\Engineering\Capital Projects10701 IRC PARKS COMPLEXIContract Documents EngVRC Parks Maintenance Complex\00800 - Supplementary Conditions REV 04-07.doc g . Insurer must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with the most current Best's Rating . 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 . C. SC -5. 05 OWNER's Liability Insurance SC-5 . 05 Delete paragraph GC-5. 05.A in its entirety. SC -5 . 06 Property Insurance SC-5 . 06 Delete paragraphs GC-5. 06.A, B, and C in their entirety and insert the following paragraphs in their place: A. CONTRACTOR shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall : 1 . include the interests of OWNER , CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers , directors, partners, employees , agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured ; 2 . be written on a Builder's Risk "All Risk" or 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 00800-4 00800 - Supplementary Conditions REV 04-07.doc B\Engineering\Capital Projects10701 IRC PARKS COMPLEXIContract Documents EngVRC Parks Maintenance Complex\00800 - Supplementary Conditions REV 04-07.doc 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 (Paragraph A) in its entirety. SC-6. 02 Labor; Working Hours SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC-6. 02. 13: 1 . Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving , Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Engineer. 3 . The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5 . All costs of OWNER'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 00800-5 00800 - Supplementary Conditions REV 04-07.doc R\EngineednMCapitat Projectsl07011 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance complex100800 - supplementary Conditions REV 04-07.doc 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 (Paragraph A) in its entirety. SC-6. 02 Labor; Working Hours SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC-6. 02. 13: 1 . Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a . m . to 5 p . m . 2 . Indian River County Holidays are : New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving , Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Engineer. 3 . The CONTRACTOR shall receive no additional compensation for overtime work , i . e . , work in excess of eight hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the ENGINEER in writing . 4 . All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR , shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR. 5 . All costs of OWNER'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 00800-5 00800 - Supplementary Conditions REV 04-07.doc R\EngineednMCapitat Projectsl07011 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance complex100800 - supplementary Conditions REV 04-07.doc due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 7 p. m . except in case of emergency upon specific permission of the ENGINEER . SC -6. 06 Concerning Subcontractors , Suppliers, and Others SC-6. 06 . C . Add the following sentence at the end of paragraph GC-6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6 . 08 Permits SC -6 . 08 Add the following paragraph 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 . St. Johns River Water Management District 2 . Indian River Farms Water Control District 3 . FDEP Water System Permit 4 . FDEP Wastewater System Permit C . The CONTRACTOR shall obtain and pay for all other required permits , includinq Building 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 . It shall specifically be the CONTRACTOR's responsibility to transfer the existing NOI into his name . 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 Not Used SC-13 . 03 Test and Inspections SC- 13 .03 . 6 . Delete paragraph GC- 13. 03. B in its entirety, and insert the following sentences in its place: B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below. Subsequent inspections, tests , or approvals required after initial failing inspections, tests , or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment. The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 00800-6 00800 - Supplementary Conditions.doc FAEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00800 - Supplementary Conditions.doc due the CONTRACTOR . 6 . No work shall commence before 7 a . m . or continue after 7 p. m . except in case of emergency upon specific permission of the ENGINEER . SC -6. 06 Concerning Subcontractors , Suppliers, and Others SC-6. 06 . C . Add the following sentence at the end of paragraph GC-6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6 . 08 Permits SC -6 . 08 Add the following paragraph 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 . St. Johns River Water Management District 2 . Indian River Farms Water Control District 3 . FDEP Water System Permit 4 . FDEP Wastewater System Permit C . The CONTRACTOR shall obtain and pay for all other required permits , includinq Building 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 . It shall specifically be the CONTRACTOR's responsibility to transfer the existing NOI into his name . 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 Not Used SC-13 . 03 Test and Inspections SC- 13 .03 . 6 . Delete paragraph GC- 13. 03. B in its entirety, and insert the following sentences in its place: B . OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests , or approvals required by the Contract Documents except those inspections , tests , or approvals listed immediately below. Subsequent inspections, tests , or approvals required after initial failing inspections, tests , or approvals shall be paid for by the CONTRACTOR by backcharge to subsequent applications for payment. The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 00800-6 00800 - Supplementary Conditions.doc FAEngineering\Capital Projects\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00800 - Supplementary Conditions.doc I . 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 . 8 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 . tests otherwise specifically provided in the Contract Documents . SC -13 . 05 OWNER May Stop the Work SC-13 . 05 .A. Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its place: 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. SC -14. 02 Progress Payments SC- 14 . 02. 13 . 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. 8 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests, or approvals. SC- 14. 02 . C. 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. SC- 14. 04A . After the third sentence in paragraph GC- 14. 04A of the General Conditions, delete the remainder of paragraph 14. 04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the F\Engineering\Capital Projects\070100800-7 1RC PARKS COMPLEX\Contract Documen seEng\lRC Pars Maintte anee Complex\00800 - Supplementary Conditions REV 04-07.doc I . 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 . 8 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 . tests otherwise specifically provided in the Contract Documents . SC -13 . 05 OWNER May Stop the Work SC-13 . 05 .A. Delete paragraph GC- 13. 05.A in its entirety and insert the following paragraph in its place: 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. SC -14. 02 Progress Payments SC- 14 . 02. 13 . 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. 8 . 5 . Add the following sentences at the end of paragraph GC- 14. 02. 8. 5: e . OWNER has been required to pay ENGINEER or ENGINEER's Consultant additional compensation because of CONTRACTOR delays or rejection of defective Work; or f. OWNER has been required to pay an independent testing laboratory for subsequent inspections , tests , or approvals taken after initial failing inspections , tests, or approvals. SC- 14. 02 . C. 1 . Delete paragraph GC- 14. 02. C. 1 in its entirety and insert the following paragraph in its place: C . Payment Becomes Due 1 . Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. SC- 14. 04A . After the third sentence in paragraph GC- 14. 04A of the General Conditions, delete the remainder of paragraph 14. 04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion . In accordance with the provisions of Florida Statutes section 208 . 735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the F\Engineering\Capital Projects\070100800-7 1RC PARKS COMPLEX\Contract Documen seEng\lRC Pars Maintte anee Complex\00800 - Supplementary Conditions REV 04-07.doc Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and acceptable under this Agreement (herein the "Statutory List") . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that: 1 ) the failure to include any corrective work , or pending items that are not yet completed , on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement . After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. " SC- 14 . 0413 Add the following new paragraph immediately after paragraph GC 14. 04B: C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation , safety, and protection of the Work , maintenance , heat, utilities , insurance, and warranties and guarantees SC-16 DISPUTE RESOLUTION SC -16 . 02 Mediation SC- 16 Add the following new paragraph immediately after paragraph GC- 16. 01 . SC-16 . 02 Mediation A . OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19`h Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . SC-17 Miscellaneous 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 00800-8 00800 - Supplementary Conditions REV 04-07 .doc F:\Engineering\Capital Projects\0701 IRC PARKS coMPLEX%contract Documents Eng\IRC Parks Maintenance Complex\00800 - Supplementary Conditions REV 04-07.doc Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete , satisfactory , and acceptable under this Agreement (herein the "Statutory List") . The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion . The Owner and Contractor acknowledge and agree that: 1 ) the failure to include any corrective work , or pending items that are not yet completed , on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3 ) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner' s satisfaction under this Agreement . After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project. " SC- 14 . 0413 Add the following new paragraph immediately after paragraph GC 14. 04B: C . At the time of delivery of the tentative certificate of Substantial Completion , Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation , safety, and protection of the Work , maintenance , heat, utilities , insurance, and warranties and guarantees SC-16 DISPUTE RESOLUTION SC -16 . 02 Mediation SC- 16 Add the following new paragraph immediately after paragraph GC- 16. 01 . SC-16 . 02 Mediation A . OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims , disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19`h Judicial Circuit in Indian River County unless delay in initiating arbitration would irrevocably prejudice one of the parties . The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed . SC-17 Miscellaneous 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 00800-8 00800 - Supplementary Conditions REV 04-07 .doc F:\Engineering\Capital Projects\0701 IRC PARKS coMPLEX%contract Documents Eng\IRC Parks Maintenance Complex\00800 - Supplementary Conditions REV 04-07.doc 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 Su lies are not assessable against Indian River Count ubj and are sect to proper Prior notice to CONTRACTOR'S Name ) and to (CONTRACTOR Surety Company Name ) pursuant to 255 of tapte he Florida Statutes . This ara rah shall be insetted 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 . SC- 17. 07 Elevation Control A . All elevation control shall be based on NGVD 29 datum . No GPS elevations will be used for stringline work on this project. ++ END OF SUPPLEMENTARY CONDITIONS++ FAEngineering\Capitat Prolects10701o0800-9 sEV 04-07.doc IRC PARKS COMPLEX1Contract Documen supplementary iParks Maintenance Compl xloowo - Supplementary Conditions REV 04-07.doc 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 Su lies are not assessable against Indian River Count ubj and are sect to proper Prior notice to CONTRACTOR'S Name ) and to (CONTRACTOR Surety Company Name ) pursuant to 255 of tapte he Florida Statutes . This ara rah shall be insetted 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 . SC- 17. 07 Elevation Control A . All elevation control shall be based on NGVD 29 datum . No GPS elevations will be used for stringline work on this project. ++ END OF SUPPLEMENTARY CONDITIONS++ FAEngineering\Capitat Prolects10701o0800-9 sEV 04-07.doc IRC PARKS COMPLEX1Contract Documen supplementary iParks Maintenance Compl xloowo - Supplementary Conditions REV 04-07.doc SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Contract No . ENGINEER You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: Attachments : (List documents supporting change) CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time : (days or dates ) Substantial Completion : Final Completion : Net Increase ( Decrease ) from $ Net change from previous Change 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 : 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: Final Completion: ACCEPTED : RECOMMENDED : APPROVED : By: By : By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date : Date: 00942 - Change Order Form REV 04-07_doc 00942 - 1 F.\Engineering\Capital Project5\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00942 - Change Order Form REV 04-07.doc SECTION 00942 - Change Order Form No . DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : Indian River County CONTRACTOR Contract: Project: OWNER's Contract No. ENGINEER's Contract No . ENGINEER You are directed to make the following changes in the Contract Documents : Description : Reason for Change Order: Attachments : (List documents supporting change) CHANGE IN CONTRACT PRICE : CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $ Original Contract Time : (days or dates ) Substantial Completion : Final Completion : Net Increase ( Decrease ) from $ Net change from previous Change 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 : 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: Final Completion: ACCEPTED : RECOMMENDED : APPROVED : By: By : By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date : Date: 00942 - Change Order Form REV 04-07_doc 00942 - 1 F.\Engineering\Capital Project5\0701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00942 - Change Order Form REV 04-07.doc SECTION 00946 , Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : IndianRiv._ er County CONTRACTOR Contract: Project. OWNER's Contract No . ENGINEER : ENGINEER's Contract No . Field Activity Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer (Signature) Date Disposition : Contractor's Onsite Supervisor (Signature) Date Distribution : Field Operations Officer Others as Required : On-site Supervisor Project File * * END OF SECTION F:VEngineeringlcapital Projects;W701 IRC PARKS COMPLEXIcontract Documents EngURC Parks Fieldte ante Complex\00 -07 doc Field Order Form REV 04-07.doc SECTION 00946 , Field Order Form Field Change No . : DATE OF ISSUANCE : EFFECTIVE DATE : OWNER : IndianRiv._ er County CONTRACTOR Contract: Project. OWNER's Contract No . ENGINEER : ENGINEER's Contract No . Field Activity Description : Reason for Change : Recommended Disposition : Field Operations Officer / Engineer (Signature) Date Disposition : Contractor's Onsite Supervisor (Signature) Date Distribution : Field Operations Officer Others as Required : On-site Supervisor Project File * * END OF SECTION F:VEngineeringlcapital Projects;W701 IRC PARKS COMPLEXIcontract Documents EngURC Parks Fieldte ante Complex\00 -07 doc Field Order Form REV 04-07.doc SECTION 00948 - Work Change Directive No . EFFECTIVE DATE : DATE OF ISSUANCE : OWNER: Indian River County CONTRACTOR : Contract : Project: OWNER's Contract No . ENGINEER's Contract No. ENGINEER: You are directed to proceed promptly with the following changes: Description : Purpose of Work Change Directive : 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 Contract Prices : Contract Times ❑ Unit Prices Q Contractor's Records ❑ Lump Sum ❑ Engineer's Records ❑ Other:_ ❑ Other:_ E] 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: By : By: ENGINEER (Authorized Signature) OWNER (Authorized Signature ) Date : Date: * * END OF SECTION F:1Engineering\Capital Projects\Q701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00948 - Work Change Directive REV 04-07 doc SECTION 00948 - Work Change Directive No . EFFECTIVE DATE : DATE OF ISSUANCE : OWNER: Indian River County CONTRACTOR : Contract : Project: OWNER's Contract No . ENGINEER's Contract No. ENGINEER: You are directed to proceed promptly with the following changes: Description : Purpose of Work Change Directive : 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 Contract Prices : Contract Times ❑ Unit Prices Q Contractor's Records ❑ Lump Sum ❑ Engineer's Records ❑ Other:_ ❑ Other:_ E] 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: By : By: ENGINEER (Authorized Signature) OWNER (Authorized Signature ) Date : Date: * * END OF SECTION F:1Engineering\Capital Projects\Q701 IRC PARKS COMPLEX\Contract Documents Eng\IRC Parks Maintenance Complex\00948 - Work Change Directive REV 04-07 doc MO 3' S£So\xaldmoo wueuaaucey�r sued oNI\Sufi sauamnooQ aaenuoo\XH'IdWo3 SXdVd o�II I OLO\saaafm e ,de��S❑XIIQ aaddtl d 1 a. H1 d X3ldWOO 3ONVN31NIVW S)INVd SNI S11WN3d V XIaN3ddV MO 3' S£So\xaldmoo wueuaaucey�r sued oNI\Sufi sauamnooQ aaenuoo\XH'IdWo3 SXdVd o�II I OLO\saaafm e ,de��S❑XIIQ aaddtl d 1 a. H1 d X3ldWOO 3ONVN31NIVW S)INVd SNI S11WN3d V XIaN3ddV gIVE Board of County Commissioners o y Engineering Division Y 180127th .Street �ORYuP Ver^ AewCh, 1�lori0a 3296v-33.. Telephone: (772) 226-1283 F�: (772) 778-0301 February 11 , 2009 VIA FACSIMILE : ( 772) 226- 1221 Public Works Department 1801 27th Street Vero Beach , Florida 32960 Attention : Christopher J . Kafer, Jr. , P . E . , County Engineer Subject: Approval of Type B Stormwater Management System Permit No. 2007030199- 63532 and Right-of-Way Permit No. 2009010395 for IRC Maintenance Complex Reference : . SP-MA-08-02-05 / 2007030199-60602 Dear Mr. Kafer: This letter shall serve as the Type B Stormwater Management System and Flood Protection (SWMS ) Permit for the subject project. This permit has important legal consequences that may result if the conditions listed on this permit or other permits issued by the County or other agencies are not followed . All activities shall be implemented asset forth in the plans , specification , and performance criteria as provided by this permit or any other permit issued by the County or other agencies . In the event of a conflict between these permit conditions and the conditions of any other permit, the most stringent permit condition shall govern . The following drawings signed and sealed February 6 , 2009 and Stormwater Management Calculations signed and sealed January 21 , 2009 are approved for the construction of the stormwater management system in conjunction with the January 22, 2009 Staff Site Plan approval : 1 . Sheet C-3 , Paving, Grading and- Drainage -Plane 2. Sheet C-4 , Sections and Details 3 . Sheet C-5 , Erosion Control Plan and Details I . General Conditions : 1 _. . The expiration date shall be concurrent with the Site Plan expiration date of January 22 , — - — -- -- 2010 at 5 : 00 p . m . as conditioned by the Staff approval. Any permit extension must be requested and approved in writing by the IRC Engineering Division , 2. Any proposed changes to the approved plans must be approved prior to initiating any 3 . change in construction . This includes material changes such as type of drainage pipe , etc. 4. This permit approval does not relieve the engineer or contractor of responsibilities or conditions expressed or otherwise intended by any other local , state or Federal agency. F:\Engineering\Stormwater Pernils\]RC Parks Maintenance Compiex\]RC Parks Nfaintenance Camp] exTypeB Permit Approval 2-11 - 09.doc gIVE Board of County Commissioners o y Engineering Division Y 180127th .Street �ORYuP Ver^ AewCh, 1�lori0a 3296v-33.. Telephone: (772) 226-1283 F�: (772) 778-0301 February 11 , 2009 VIA FACSIMILE : ( 772) 226- 1221 Public Works Department 1801 27th Street Vero Beach , Florida 32960 Attention : Christopher J . Kafer, Jr. , P . E . , County Engineer Subject: Approval of Type B Stormwater Management System Permit No. 2007030199- 63532 and Right-of-Way Permit No. 2009010395 for IRC Maintenance Complex Reference : . SP-MA-08-02-05 / 2007030199-60602 Dear Mr. Kafer: This letter shall serve as the Type B Stormwater Management System and Flood Protection (SWMS ) Permit for the subject project. This permit has important legal consequences that may result if the conditions listed on this permit or other permits issued by the County or other agencies are not followed . All activities shall be implemented asset forth in the plans , specification , and performance criteria as provided by this permit or any other permit issued by the County or other agencies . In the event of a conflict between these permit conditions and the conditions of any other permit, the most stringent permit condition shall govern . The following drawings signed and sealed February 6 , 2009 and Stormwater Management Calculations signed and sealed January 21 , 2009 are approved for the construction of the stormwater management system in conjunction with the January 22, 2009 Staff Site Plan approval : 1 . Sheet C-3 , Paving, Grading and- Drainage -Plane 2. Sheet C-4 , Sections and Details 3 . Sheet C-5 , Erosion Control Plan and Details I . General Conditions : 1 _. . The expiration date shall be concurrent with the Site Plan expiration date of January 22 , — - — -- -- 2010 at 5 : 00 p . m . as conditioned by the Staff approval. Any permit extension must be requested and approved in writing by the IRC Engineering Division , 2. Any proposed changes to the approved plans must be approved prior to initiating any 3 . change in construction . This includes material changes such as type of drainage pipe , etc. 4. This permit approval does not relieve the engineer or contractor of responsibilities or conditions expressed or otherwise intended by any other local , state or Federal agency. F:\Engineering\Stormwater Pernils\]RC Parks Maintenance Compiex\]RC Parks Nfaintenance Camp] exTypeB Permit Approval 2-11 - 09.doc Christopher J . Kafer, Jr. , P . F: . 2007030199-63532 Z February 11 , 2009 Permittee agrees to hold Indian River County harmless for any construction activities authorized by this permit. 5 . By acceptance of this permit, Indian River County is granted the right to enter onto the Project site to make inspections or perform tests or other duties related to the permitted construction activities . 6. The permittee is responsible for administering the construction contract in accordance with this permit. If the permittee fails to Comply with any part of this permit or any other permit issued for this project by any regulatory authority, Indian River County may at its sole discretion , shut down the project site until said permit condition is complied with . A Cease and Desist Order will be issued by the County Administrator or his designee , and served in an appropriate manner to the permittee or the permittee's agent. Under no circumstances shall work proceed when a Cease and Desist Order has been issued until said Order has been withdrawn in writing, by Indian River County. If a Cease and Desist Order is issued, Indian River County at its sole discretion , may take other action against the permittee and the permittee's agent(s) for the project. 7. A copy of the approved plans and this permit must be on site during construction . Il• Inspections 8 . A pre-construction meeting with Engineering Division staff is re uired . The Engineer of Record (EOR ) shall coordinate and contact the Engineering Division at (772 ) 226. 1622 or 226- 1597 to schedule the pre-construction meeting . Failure to conduct such meeting may result in the issuance of a Cease and Desist Order by the county. It may be necessary to have other County representatives or agency enc 9. The respective Indian River County departments shall be notified** in writing, orbyg telephone, of the commencement and completion of the following items of construction so that an immediate inspection can be performed to ensure construction in conformance with said approved construction plans and specifications and the requirements of Chapter 914. If the County notifies the developer that no County inspector is available to inspect within forty-eight (48) hours of an inspection request, and if a delay in inspection would cause a delay in the project, then this requirement may be met by submission of a certificate from the EOR that all construction was completed , in accordance with this permit along with field inspection reports. Prior to requesting an inspection by county personnel, the EOR shall have inspected and approved the construction of each item . Backfilling of the storm sewer system, or covering any unapproved item of inspection is prohibited and may result in requiring the contractor to uncover the item for inspection and approval. A) Stabilized subgrade (Public Works Department); B) Curb and other concrete work (Public Works Department); ----_:___.__- - _, C)_ Base (Public Works Department);_ D) Surface course (Public Works Department); - - - B) Storm sewer (Public Works Department); ** The failure to notify the respective departments of the commencement and completion of the construction of such items shall be good cause to refuse to issue a Certificate of Occupancy. The Certificate of Occupancy may not be issued until further investigation is conducted to verify compliance with the permit and a certification letter is provided by a testing laboratory stating that the improvements have been constructed in accordance with the approved plans and specifications . [914. 12(3)(c)j F:\EngineeringlStormwater PermitAIRC Parks Maintenance Comp]ex11RC Parks Maintenance ComplexType B Permit Approval 2-11 -09.doc Christopher J . Kafer, Jr. , P . F: . 2007030199-63532 Z February 11 , 2009 Permittee agrees to hold Indian River County harmless for any construction activities authorized by this permit. 5 . By acceptance of this permit, Indian River County is granted the right to enter onto the Project site to make inspections or perform tests or other duties related to the permitted construction activities . 6. The permittee is responsible for administering the construction contract in accordance with this permit. If the permittee fails to Comply with any part of this permit or any other permit issued for this project by any regulatory authority, Indian River County may at its sole discretion , shut down the project site until said permit condition is complied with . A Cease and Desist Order will be issued by the County Administrator or his designee , and served in an appropriate manner to the permittee or the permittee's agent. Under no circumstances shall work proceed when a Cease and Desist Order has been issued until said Order has been withdrawn in writing, by Indian River County. If a Cease and Desist Order is issued, Indian River County at its sole discretion , may take other action against the permittee and the permittee's agent(s) for the project. 7. A copy of the approved plans and this permit must be on site during construction . Il• Inspections 8 . A pre-construction meeting with Engineering Division staff is re uired . The Engineer of Record (EOR ) shall coordinate and contact the Engineering Division at (772 ) 226. 1622 or 226- 1597 to schedule the pre-construction meeting . Failure to conduct such meeting may result in the issuance of a Cease and Desist Order by the county. It may be necessary to have other County representatives or agency enc 9. The respective Indian River County departments shall be notified** in writing, orbyg telephone, of the commencement and completion of the following items of construction so that an immediate inspection can be performed to ensure construction in conformance with said approved construction plans and specifications and the requirements of Chapter 914. If the County notifies the developer that no County inspector is available to inspect within forty-eight (48) hours of an inspection request, and if a delay in inspection would cause a delay in the project, then this requirement may be met by submission of a certificate from the EOR that all construction was completed , in accordance with this permit along with field inspection reports. Prior to requesting an inspection by county personnel, the EOR shall have inspected and approved the construction of each item . Backfilling of the storm sewer system, or covering any unapproved item of inspection is prohibited and may result in requiring the contractor to uncover the item for inspection and approval. A) Stabilized subgrade (Public Works Department); B) Curb and other concrete work (Public Works Department); ----_:___.__- - _, C)_ Base (Public Works Department);_ D) Surface course (Public Works Department); - - - B) Storm sewer (Public Works Department); ** The failure to notify the respective departments of the commencement and completion of the construction of such items shall be good cause to refuse to issue a Certificate of Occupancy. The Certificate of Occupancy may not be issued until further investigation is conducted to verify compliance with the permit and a certification letter is provided by a testing laboratory stating that the improvements have been constructed in accordance with the approved plans and specifications . [914. 12(3)(c)j F:\EngineeringlStormwater PermitAIRC Parks Maintenance Comp]ex11RC Parks Maintenance ComplexType B Permit Approval 2-11 -09.doc ChnstooherJ . Kafer, Jr. , P . E . 3 2007030199-63532 February 11 , 2009 10. To request an inspection , call (772 ) 226- 1622 or 226- 1597 , state the location of the inspection , the type and the time requested . Leave a contact number for confirmation or any further coordination . 11 . The County shall be notified to inspect all storm sewer pipe on site prior to installation . Failure to call for such inspection may result in the contractor/applicant unearthing any covered pipe for inspection . 12 . Prior to requesting final inspection , the EOR shall inspect the project and insure all punch list items have been competed . The following items shall be provided; inspection reports , testing reports , Certification Letter, Record Drawings (the stormwater management tract(s) shall be cross-sectioned and certified by the Engineer of Record) and other pertinent closeout information . Prior to engineering release, all items must be completed and certified that they are in accordance with the approved Stormwater Management System permit drawings . Submit the as-builts on a CD using the latest addition for AutoCAD Drawings. [930 . 11 ( 1 )(d)] 111 . Erosion Control : 12 . Activities approved by this permit shall be conducted in a manner which does not cause pollution as defined below: A) " Pollution " is the presence in the outdoor atmosphere or waters of the state of any substances , contaminants, noise , or manmade or human induced impairment of air or waters or alteration of the chemical , physical, biological , or radiological integrity or air or water in quantities or at levels which are or may potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law . Florida Statutes Ch . 403 .031 (7 ). Pollutants to be removed include but are not limited to: excessive dust , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides, oil and grease , concrete truck washout, construction chemicals, and construction debris . B ) Pollution with Respect to Sediment and Suspended Solids — A water body (including ditches and canals) is defined to be polluted with respect to sediment and suspended solids when at any time, the turbidity of the water immediately downstream of the permittee's discharge point(s) is at least 29 nephelometric turbidity units ( NTU's) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla . Administrative Code 62-302 . 5301 Exception : When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters , " designated by Florida Statute 403 . 061 (27) , the turbidity of discharged water cannot exceed the turbidity of the immediate receiving water. Indian River County reserves the right to. measure t>_aturbidity _of_the-receiving.water- .--- prior to construction and to use that value at its sole discretion , as the background turbidity value for the receiving water. C) Uncontestable Pollution Event — The. discharge from a construction site or work area 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, ii. Any petroleum product or by-product in any quantity, iii . Any chemical in any quantity, or iv. Concentrated pollutants . F:lcngineering4Stormwater PermitsVRC Parks Maintenance Complex\lRC Parks Maintenance CompiexType B Permit Approval 2- 11 -09.doc ChnstooherJ . Kafer, Jr. , P . E . 3 2007030199-63532 February 11 , 2009 10. To request an inspection , call (772 ) 226- 1622 or 226- 1597 , state the location of the inspection , the type and the time requested . Leave a contact number for confirmation or any further coordination . 11 . The County shall be notified to inspect all storm sewer pipe on site prior to installation . Failure to call for such inspection may result in the contractor/applicant unearthing any covered pipe for inspection . 12 . Prior to requesting final inspection , the EOR shall inspect the project and insure all punch list items have been competed . The following items shall be provided; inspection reports , testing reports , Certification Letter, Record Drawings (the stormwater management tract(s) shall be cross-sectioned and certified by the Engineer of Record) and other pertinent closeout information . Prior to engineering release, all items must be completed and certified that they are in accordance with the approved Stormwater Management System permit drawings . Submit the as-builts on a CD using the latest addition for AutoCAD Drawings. [930 . 11 ( 1 )(d)] 111 . Erosion Control : 12 . Activities approved by this permit shall be conducted in a manner which does not cause pollution as defined below: A) " Pollution " is the presence in the outdoor atmosphere or waters of the state of any substances , contaminants, noise , or manmade or human induced impairment of air or waters or alteration of the chemical , physical, biological , or radiological integrity or air or water in quantities or at levels which are or may potentially harmful or injurious to human health or welfare , animal or plant life , or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law . Florida Statutes Ch . 403 .031 (7 ). Pollutants to be removed include but are not limited to: excessive dust , sediment and suspended solids , solid and sanitary wastes , phosphorus , nitrogen , pesticides, oil and grease , concrete truck washout, construction chemicals, and construction debris . B ) Pollution with Respect to Sediment and Suspended Solids — A water body (including ditches and canals) is defined to be polluted with respect to sediment and suspended solids when at any time, the turbidity of the water immediately downstream of the permittee's discharge point(s) is at least 29 nephelometric turbidity units ( NTU's) higher than the turbidity of the background water upstream of the discharge point(s). [See Fla . Administrative Code 62-302 . 5301 Exception : When the discharge is directly into or through an outfall discharging into "Outstanding Florida Waters , " designated by Florida Statute 403 . 061 (27) , the turbidity of discharged water cannot exceed the turbidity of the immediate receiving water. Indian River County reserves the right to. measure t>_aturbidity _of_the-receiving.water- .--- prior to construction and to use that value at its sole discretion , as the background turbidity value for the receiving water. C) Uncontestable Pollution Event — The. discharge from a construction site or work area 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, ii. Any petroleum product or by-product in any quantity, iii . Any chemical in any quantity, or iv. Concentrated pollutants . F:lcngineering4Stormwater PermitsVRC Parks Maintenance Complex\lRC Parks Maintenance CompiexType B Permit Approval 2- 11 -09.doc Christopher J . Kafer, Jr. , P . E . 2007030199-63532 4 February 11 , 2009 Paragraphs (B) and (C ) above do not in any way, limit the types of conditions in which pollution may be determined to occur. 13. The permittee is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area (see attached permittee's affidavit regarding pollution leaving the construction site dated January 21 , 2009) . [930. 08( 1 ) (e)] In addition to taking its own actions and remedies against the permittee for a permit violation , Indian River County will report each violation to St. Johns River Water Management District, Florida Department of Environmental Protection , Indian River Farms Water Control District (or other Florida Statute Chapter 298 Drainage District, as appropriate) , Indian River County Code Enforcement, and other pertinent regulatory or enforcement agencies . No construction work shall begin until the pollution control and treatment system has been constructed in accordance with approved permits and plans . 14 . A copy of the Stormwater Pollution Prevention Plan (SWPPP) must be available on site during construction . Any necessary change to the SWPPP shall be agreed upon with the County prior to implementing such change. 15 . An ' Illicit Discharge Sign ' shall be installed and remain posted continuously during construction activities . The sign may be obtained from the Indian River County Public Works Department or Stormwater Division , Please do not hesitate to contact me at (772) 226- 1596 if you have any questions . Sincerely, David A. Hays �. F. fvl . , P Land Development Manager . w/attachments DAH cc : James W. Davis , P . E. , Public Works Director -Chris Mora , P. E . , Assistant Public Works Direcfor -Daniel Wittenberg, Engineering Inspection Supervisor Sean McGuire , P. E . w/attachments -Keith McCully, P. E . , Stormwater Engineer Stan Boling , AICP, Planning Director - - -- John-McCoy;-AICP ,--Senior- Planner, Current-Development — .- -- Todd Tardif, Senior Stormwater Inspector w/attachments dames "Buddy" Akins , Building Official Jack Jolly, P . E . , Senior Civil Engineer F:\Eiigincering\StomwaterPemitsURC Parks Maintenance Complex IRC Parks Maintenance ComplexType B Permit Approval 2- 11 -09.doc Christopher J . Kafer, Jr. , P . E . 2007030199-63532 4 February 11 , 2009 Paragraphs (B) and (C ) above do not in any way, limit the types of conditions in which pollution may be determined to occur. 13. The permittee is solely responsible for preventing pollution caused by dewatering water and stormwater runoff from the construction site or work area (see attached permittee's affidavit regarding pollution leaving the construction site dated January 21 , 2009) . [930. 08( 1 ) (e)] In addition to taking its own actions and remedies against the permittee for a permit violation , Indian River County will report each violation to St. Johns River Water Management District, Florida Department of Environmental Protection , Indian River Farms Water Control District (or other Florida Statute Chapter 298 Drainage District, as appropriate) , Indian River County Code Enforcement, and other pertinent regulatory or enforcement agencies . No construction work shall begin until the pollution control and treatment system has been constructed in accordance with approved permits and plans . 14 . A copy of the Stormwater Pollution Prevention Plan (SWPPP) must be available on site during construction . Any necessary change to the SWPPP shall be agreed upon with the County prior to implementing such change. 15 . An ' Illicit Discharge Sign ' shall be installed and remain posted continuously during construction activities . The sign may be obtained from the Indian River County Public Works Department or Stormwater Division , Please do not hesitate to contact me at (772) 226- 1596 if you have any questions . Sincerely, David A. Hays �. F. fvl . , P Land Development Manager . w/attachments DAH cc : James W. Davis , P . E. , Public Works Director -Chris Mora , P. E . , Assistant Public Works Direcfor -Daniel Wittenberg, Engineering Inspection Supervisor Sean McGuire , P. E . w/attachments -Keith McCully, P. E . , Stormwater Engineer Stan Boling , AICP, Planning Director - - -- John-McCoy;-AICP ,--Senior- Planner, Current-Development — .- -- Todd Tardif, Senior Stormwater Inspector w/attachments dames "Buddy" Akins , Building Official Jack Jolly, P . E . , Senior Civil Engineer F:\Eiigincering\StomwaterPemitsURC Parks Maintenance Complex IRC Parks Maintenance ComplexType B Permit Approval 2- 11 -09.doc PERMITTEE' S AFFIDAVIT REGARDING POLLUTION LEAVING TE CONSTRUCTION SITE This sworn statement is submitted to Indian River County for the following project: IRC Parks Maintenance Com lex STATE OF 1 1021r1ti� ICOUNTY OF Personally before me the undersigned authority, appeared Chri-IstolDher J . Kafer P. E . stated as follows : who upon oath duly administered, 1 . This sworn statement is submitted by the PERMITTEE , Indian River Count whose business address is 1801 27 Street Vero Beach FL 32960 applicable) its Federal Identification No . (FEIN ) is and (if 2 . My name is Christopher J Kafer P E above is Count En sneer and my relationship to the entity named 3 . Permittee understands and agrees that in addition to the Stormwater Management System Permit, it responsible for complying with , the terms and conditions of the following : a . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), b . The Stormwater Pollution Prevention Plan , C. The St. Johns River Water Management District permit, d . All other permits required for this project not specifically fisted herein , and e All Codes and Ordinances of Indian River County. 4 . Permittee understands that "pollution" as defined by Florida Statutes Chapter 403 . 031 (7) means : ". . . the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human-induced impairment of air or waters or alteration of the chemical , physical, biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment-of.life_or_-property,_includin- g-outdoor recreation- unless- authorized by applicable law. " 5. Permittee understands that in addition to the definition set forth in Item 4 above , "pollution " is also defined by Florida Administrative Code 62-302. 530 and as may be further defined in the Indian River County permit. 6 . Permittee understands that there are civil and criminal penalties for pollution fisted in Florida Statutes Ch . 403 . 141 and Ch . 403. 161 and that there are other penalties fisted in Indian River County's permits, including but not limited to , Indian River County issuing NAGSM1PW5-60E IRC Parks Comp)ex\Per,�nittir,9VRC Engineeng\PARP form.dcc Rev 2113106 PERMITTEE' S AFFIDAVIT REGARDING POLLUTION LEAVING TE CONSTRUCTION SITE This sworn statement is submitted to Indian River County for the following project: IRC Parks Maintenance Com lex STATE OF 1 1021r1ti� ICOUNTY OF Personally before me the undersigned authority, appeared Chri-IstolDher J . Kafer P. E . stated as follows : who upon oath duly administered, 1 . This sworn statement is submitted by the PERMITTEE , Indian River Count whose business address is 1801 27 Street Vero Beach FL 32960 applicable) its Federal Identification No . (FEIN ) is and (if 2 . My name is Christopher J Kafer P E above is Count En sneer and my relationship to the entity named 3 . Permittee understands and agrees that in addition to the Stormwater Management System Permit, it responsible for complying with , the terms and conditions of the following : a . The State of Florida Generic Permit for Stormwater Discharge From Large and Small Construction Activities (for projects one acre or larger), b . The Stormwater Pollution Prevention Plan , C. The St. Johns River Water Management District permit, d . All other permits required for this project not specifically fisted herein , and e All Codes and Ordinances of Indian River County. 4 . Permittee understands that "pollution" as defined by Florida Statutes Chapter 403 . 031 (7) means : ". . . the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or human-induced impairment of air or waters or alteration of the chemical , physical, biological , or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment-of.life_or_-property,_includin- g-outdoor recreation- unless- authorized by applicable law. " 5. Permittee understands that in addition to the definition set forth in Item 4 above , "pollution " is also defined by Florida Administrative Code 62-302. 530 and as may be further defined in the Indian River County permit. 6 . Permittee understands that there are civil and criminal penalties for pollution fisted in Florida Statutes Ch . 403 . 141 and Ch . 403. 161 and that there are other penalties fisted in Indian River County's permits, including but not limited to , Indian River County issuing NAGSM1PW5-60E IRC Parks Comp)ex\Per,�nittir,9VRC Engineeng\PARP form.dcc Rev 2113106 a Cease and Desist Order for the project. Permittee understands that it may be liable for these and other penalties if pollution occurs as a result of its activities associated with the Project. Under penalty of perjury, Permittee declares that it has read the foregoing affidavit and the Ffacts stated in it are true . FURTHER AFFIANT SAYETH NAUGHT Permittee : Indian Riveretsfty Authorized Signature : 11 Printed Name : Christopher J . K 'er P. Date '. 4entflisi oregoing instrument was subscribed and sworn to before me thisday of 00' "ation fily know�atomeod who did fake oath . as v Not Pu Ic State of Florida at Large My Commission expires : eZ�r° �/ NMI LIAMSn DD 796003ne 8, 2012 Fdn Ina9a BOP3B&TI N:\GSM1P10 -60E IRC Parks ComPIex\Permitting\IRC Engineering\PARP form.doc Rev 2113/06 a Cease and Desist Order for the project. Permittee understands that it may be liable for these and other penalties if pollution occurs as a result of its activities associated with the Project. Under penalty of perjury, Permittee declares that it has read the foregoing affidavit and the Ffacts stated in it are true . FURTHER AFFIANT SAYETH NAUGHT Permittee : Indian Riveretsfty Authorized Signature : 11 Printed Name : Christopher J . K 'er P. Date '. 4entflisi oregoing instrument was subscribed and sworn to before me thisday of 00' "ation fily know�atomeod who did fake oath . as v Not Pu Ic State of Florida at Large My Commission expires : eZ�r° �/ NMI LIAMSn DD 796003ne 8, 2012 Fdn Ina9a BOP3B&TI N:\GSM1P10 -60E IRC Parks ComPIex\Permitting\IRC Engineering\PARP form.doc Rev 2113/06 a NOTICE OF INTENT S�e�eE�tpt9A01cf110 oma , TO USE o� FLORIDA GENERIC PERMIT FOR S I e�UW ATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62-621 .300 (4) , F .A. C .) This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule 62-621 .300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document (DEP Document 62-621 .300(4)(a)] . The appropriate - generic permit fee, as specified in Rule 62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coverage will: not be granted without submittal of the appropriate generic permit fee You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. PIease print or type information in the appropriate areas below. I: IDENTIFICATION NUMBER: Project ID II. APPLICANT INFORMATION : FOperatorIndian River County Public Works Department 7h St. h D . State: FL E. Zip Code: 32960 G. Responsible Authority: lames W. Davis, P.E., Public Works Director, on behalf of Indian F. Operator Status : M River County, FL H. Phone No.: (772) 226-1379 III. PRO.IECT/SITE LOCATION INFORMATION: FEEA: P:ro:jectNamZe:e: Indian River County Parks Maintenance Comiplex tess/Location: 550077`hSt o Beach DSE. Zip Code: 32967 dian River G. Latitude: 27 ° 44' 1 S" Longitude: 80 26' 16--- sesteocated on Indian lands? — �- --- _ ----- QYes ® No I. Water Management District: SJRMWD roject Contact: David Fleetwood, Superintendent K. Phone No.: (772) 589-9223 Page I of 5 DEP Form 62-621 .300(4)(b) Effective Mav 1 , 2003 a NOTICE OF INTENT S�e�eE�tpt9A01cf110 oma , TO USE o� FLORIDA GENERIC PERMIT FOR S I e�UW ATER DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62-621 .300 (4) , F .A. C .) This Notice of Intent (NOI) form is to be completed and submitted to the Department before use of the Generic Permit for Stormwater Discharge From Large and Small Construction Activities provided in Rule 62-621 .300(4), F.A.C. The type of project or activity that qualifies for use of the generic permit, the conditions of the permit, and additional requirements to request coverage are specified in the generic permit document (DEP Document 62-621 .300(4)(a)] . The appropriate - generic permit fee, as specified in Rule 62-4.050(4)(d), F.A.C., shall be submitted with this NOI in order to obtain permit coverage. Permit coverage will: not be granted without submittal of the appropriate generic permit fee You should familiarize yourself with the generic permit document and the attached instructions before completing this NOI form. PIease print or type information in the appropriate areas below. I: IDENTIFICATION NUMBER: Project ID II. APPLICANT INFORMATION : FOperatorIndian River County Public Works Department 7h St. h D . State: FL E. Zip Code: 32960 G. Responsible Authority: lames W. Davis, P.E., Public Works Director, on behalf of Indian F. Operator Status : M River County, FL H. Phone No.: (772) 226-1379 III. PRO.IECT/SITE LOCATION INFORMATION: FEEA: P:ro:jectNamZe:e: Indian River County Parks Maintenance Comiplex tess/Location: 550077`hSt o Beach DSE. Zip Code: 32967 dian River G. Latitude: 27 ° 44' 1 S" Longitude: 80 26' 16--- sesteocated on Indian lands? — �- --- _ ----- QYes ® No I. Water Management District: SJRMWD roject Contact: David Fleetwood, Superintendent K. Phone No.: (772) 589-9223 Page I of 5 DEP Form 62-621 .300(4)(b) Effective Mav 1 , 2003 Effective October 31 2007 , permit application fees for the NPDES Stormwater Program are cha_ n_ p_�. * Rule 62-4 . 050(4)(d) is being amended to increase the following National Pollutant Discharge Elimination System (NPDES) Stormwater permitting fees : ➢ Generic Permit for Stormwater Discharge from Large and Small Construction Activities ➢ No Exposure Certification for Exclusion from NPDES Stormwater Permitting > Generic Permit for Discharge of Stormwater from Phase Il Municipal Separate Storm Sewer Systems (MS4s) Generic Permit for ` . E Large Construction �„ t x. � - Stormwater Discharge from > Large and Small g 5 acres ;4Q - $3gg Small Construction Construction Activities No Exposure Exclusion 1 -5 acres $450 from NPDES Stormwater Permittin NSA $4 09 Population 50, 000 or - reater Generic Permit for Population v 7-509 10, 000 to .� Discharge of Stormwater <50, 000 from. Phase If Munici al $5,325 p Population less than Separate ,Storm Sewer Systems (MS s) 10, 000 ; Florida Department of Transportation facilities *Rule 62-4.052(10) is being amended to update the Phase I MS4 populations to the April 2005 estimates provided in the 2006F1orida Statistical Ibstract and to i fees. ncrease the annual Phase I MS4 stormwater amoral n t _ _ 1. Bradenton 54 , 303 3-224 2 . Broward 1 ,410 , 561 3 . Escambia 35x63 303, 623 'rte 6 F = - - -- - 1 �1-344 -- - 5 . Hialeah 137696 -- - -- 230,407 z 4�-0g7 6 • Hillsborough 783 , c 07 24 1228 7. Hollywood . . 143 , 025 rt 431-92 8 . Jacksonville 837, 983 8 , Effective October 31 2007 , permit application fees for the NPDES Stormwater Program are cha_ n_ p_�. * Rule 62-4 . 050(4)(d) is being amended to increase the following National Pollutant Discharge Elimination System (NPDES) Stormwater permitting fees : ➢ Generic Permit for Stormwater Discharge from Large and Small Construction Activities ➢ No Exposure Certification for Exclusion from NPDES Stormwater Permitting > Generic Permit for Discharge of Stormwater from Phase Il Municipal Separate Storm Sewer Systems (MS4s) Generic Permit for ` . E Large Construction �„ t x. � - Stormwater Discharge from > Large and Small g 5 acres ;4Q - $3gg Small Construction Construction Activities No Exposure Exclusion 1 -5 acres $450 from NPDES Stormwater Permittin NSA $4 09 Population 50, 000 or - reater Generic Permit for Population v 7-509 10, 000 to .� Discharge of Stormwater <50, 000 from. Phase If Munici al $5,325 p Population less than Separate ,Storm Sewer Systems (MS s) 10, 000 ; Florida Department of Transportation facilities *Rule 62-4.052(10) is being amended to update the Phase I MS4 populations to the April 2005 estimates provided in the 2006F1orida Statistical Ibstract and to i fees. ncrease the annual Phase I MS4 stormwater amoral n t _ _ 1. Bradenton 54 , 303 3-224 2 . Broward 1 ,410 , 561 3 . Escambia 35x63 303, 623 'rte 6 F = - - -- - 1 �1-344 -- - 5 . Hialeah 137696 -- - -- 230,407 z 4�-0g7 6 • Hillsborough 783 , c 07 24 1228 7. Hollywood . . 143 , 025 rt 431-92 8 . Jacksonville 837, 983 8 , IV. PROJECT/SITE ACTIVITY INFORMATION : ® Large Construction (Project will disturb five or more acres of land.) Ej Small Construction (Project will disturb one or more acres but less than five acres of ]and,) B . Approximate total area of land disturbance from commencement through completion of construction: 5.09 Acres ❑ Address n Part II above ® Address n Part III above ❑ Other address (spec(specify below} D. SWPPP Address: 5500 77`s St. E. City: Vero Beach F. State: FL G. Zip Code: 32967 StartDate: 02/01 /08 Completion Date: 11/0008 V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): Indian River Farms Water Control District - B. Receiving Water Name: Lateral G Canal VI. CERTIFICATION' : I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including, the possibility of fine and imprisonment for knowing violations., IJan!s !!Dav!1is, .E., Public Works Director � S� 11 - 2 - 07 re: Date Signed: Signatory requirements are contained in Rule 62-620.305, F.A. C. DEP Form 62-621 .300(4)(b) Page 2 of 5 Effective May 1 , 2003 IV. PROJECT/SITE ACTIVITY INFORMATION : ® Large Construction (Project will disturb five or more acres of land.) Ej Small Construction (Project will disturb one or more acres but less than five acres of ]and,) B . Approximate total area of land disturbance from commencement through completion of construction: 5.09 Acres ❑ Address n Part II above ® Address n Part III above ❑ Other address (spec(specify below} D. SWPPP Address: 5500 77`s St. E. City: Vero Beach F. State: FL G. Zip Code: 32967 StartDate: 02/01 /08 Completion Date: 11/0008 V. DISCHARGE INFORMATION A. MS4 Operator Name (if applicable): Indian River Farms Water Control District - B. Receiving Water Name: Lateral G Canal VI. CERTIFICATION' : I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including, the possibility of fine and imprisonment for knowing violations., IJan!s !!Dav!1is, .E., Public Works Director � S� 11 - 2 - 07 re: Date Signed: Signatory requirements are contained in Rule 62-620.305, F.A. C. 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FROM : Jill Williams, Staff Assistant III REFERENCE : IRC No. 0701 IRC Parks Maintenance Complex QTY DESCRIPTION 1 Check to FDEP dated 12/6/07 $400. 00 COMMENTS : —If there are-any questions-, please-contact meat (792-) 226-1-)80 cc: File FAFngineerheg\Capital Projects10701 IRC PARKS COMPLEX\Carier LOT FDEP Check 12-07-07.doc 4'v Rio Board of County Commissioners q z 180127th Street Vero Beach, Florida 32960 # Telephone: (772) 567-8000 �Z0111 FAX.• 772- 778-9391 LETTER OF TRAINSMITTAL DATE : December 7, 2007 TO : Carter Associates, Inc. ATTENTION: Sean McGuire; P.E. FROM : Jill Williams, Staff Assistant III REFERENCE : IRC No. 0701 IRC Parks Maintenance Complex QTY DESCRIPTION 1 Check to FDEP dated 12/6/07 $400. 00 COMMENTS : —If there are-any questions-, please-contact meat (792-) 226-1-)80 cc: File FAFngineerheg\Capital Projects10701 IRC PARKS COMPLEX\Carier LOT FDEP Check 12-07-07.doc INDIAN RIVER &9RINIS WATER CONTROL DISTRICT - 73054th Street Vero Beach,Florida 32968 (772) 562-2141 APPI TION' FOR CONNECTION TO OR USR OF DISTRICT FACILITIES Date: A. Applicant Info, motion; - Name: Address: Authorized Agent and Title; / 3296 - - - - TelephoneNumber, Irr ) sGe 4/9�_ B. Proposed Connection ch or Use: ( ppecksropriate hoz or boxes) - - -NON-REFUNDABLE Culvert connection to District canal for irrigation of drainage $100.00 O pump connection to District canal for irrigation Or drainage - . $300.00 C] Culvert and/or control structure in District cane] for crossing and/or water storage 0 Other (specify) 1 $200.00 /'c - -- $100.00 C. Location: ' DactSm Sectron 33 - Other apP Pr - Township_ Range - - Canal No:. m rate deter .uoo yy- PropertyLD. PazcelNO.p 3/ 39-3 " Attach drawing to show details incld �` J. ( age to be serve ),d D. Details of proposed Construction (Give diameter and length Of culvert, diameter and rated capacity of pump; height and width of riser or other details on water control shuctore J'- 0-anti / nodi® FlDoryPz c ' :../ef: I ..,il/ - �ntef/aby n z ]s dMA A00 e �/ add E. Special Conditions: (for District 1180 only) Z A ;A cLt s;;— <+/= SF'Lrifst c'aucatn,,.ioi , 1. Estimated Date of Construction Commencement: Estimated Date of Construction Completion: O. As the Applicant for permit, I do understand and agree tlmtf- 1- The be in aor constmctian within, the right-of-way ofthe Indian River Fawns Water Control District will be in accordance with the details of the approved sketch and/orpermit conditions shown hereon, supporting this application; and if any changes are 4equired, same will be cleared with the District. (Continued on Reverse hemof) - Sip ed: "�;lvrta_ - I nI APPI v Data 3 Z n � _ _ _ — _ _ — 1 _ _ _ _ _ Application approved by: 'LC; - f 0e . arms Wat - b Application approved 6y: - kel !strict forC Associates, Inc.,Engineer for District Dateation Of Date roval: 3= ra —pfj - Exph'atinn Date of this approvedapplbam n PERMISSION, WHEN GRANTED, WI[,L 13H SUBJECT TO THE STANDARD PROVISOS SHT FORTH ON THE REVERSE HEREOF. INDIAN RIVER &9RINIS WATER CONTROL DISTRICT - 73054th Street Vero Beach,Florida 32968 (772) 562-2141 APPI TION' FOR CONNECTION TO OR USR OF DISTRICT FACILITIES Date: A. Applicant Info, motion; - Name: Address: Authorized Agent and Title; / 3296 - - - - TelephoneNumber, Irr ) sGe 4/9�_ B. Proposed Connection ch or Use: ( ppecksropriate hoz or boxes) - - -NON-REFUNDABLE Culvert connection to District canal for irrigation of drainage $100.00 O pump connection to District canal for irrigation Or drainage - . $300.00 C] Culvert and/or control structure in District cane] for crossing and/or water storage 0 Other (specify) 1 $200.00 /'c - -- $100.00 C. Location: ' DactSm Sectron 33 - Other apP Pr - Township_ Range - - Canal No:. m rate deter .uoo yy- PropertyLD. PazcelNO.p 3/ 39-3 " Attach drawing to show details incld �` J. ( age to be serve ),d D. Details of proposed Construction (Give diameter and length Of culvert, diameter and rated capacity of pump; height and width of riser or other details on water control shuctore J'- 0-anti / nodi® FlDoryPz c ' :../ef: I ..,il/ - �ntef/aby n z ]s dMA A00 e �/ add E. Special Conditions: (for District 1180 only) Z A ;A cLt s;;— <+/= SF'Lrifst c'aucatn,,.ioi , 1. Estimated Date of Construction Commencement: Estimated Date of Construction Completion: O. As the Applicant for permit, I do understand and agree tlmtf- 1- The be in aor constmctian within, the right-of-way ofthe Indian River Fawns Water Control District will be in accordance with the details of the approved sketch and/orpermit conditions shown hereon, supporting this application; and if any changes are 4equired, same will be cleared with the District. (Continued on Reverse hemof) - Sip ed: "�;lvrta_ - I nI APPI v Data 3 Z n � _ _ _ — _ _ — 1 _ _ _ _ _ Application approved by: 'LC; - f 0e . arms Wat - b Application approved 6y: - kel !strict forC Associates, Inc.,Engineer for District Dateation Of Date roval: 3= ra —pfj - Exph'atinn Date of this approvedapplbam n PERMISSION, WHEN GRANTED, WI[,L 13H SUBJECT TO THE STANDARD PROVISOS SHT FORTH ON THE REVERSE HEREOF. G. (continued) 2. I accept full responsibility for any erosion to or shoaling in the District's canal or levee due to my work and I shall remove or repair same promptly and at no expense to the District; and I will prevent the discharge of any hyacinths or aquatic growth into the District's canal through my connection. 3 . I will neither plant trees or shrubs or erect any structure that will prohibit or limit the existing access of - District equipment or vehicles without securing proper authorization thereof. 4. It is further understood and agreed that any other requirements of the District are binding upon me, the application, and I do hereby indicate acceptance of this notice thereof. 5 . It is further understood and agreed that the lands to be benefited by this request are, or may be, subject to flooding during periods of high water due to heavy rains or other acts of God, and that the permit will - - be accepted subject to this possibility which is recognized not to be within the control of the District. - - - - STANDARD PROVISOS. I . Permittee assumes full responsibility for any construction, operation or maintenance of District properly or - right-of-way subject to this Permit and shall save and hold harmless District from any expense, loss, damage - - - or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. - - 2. This Permit may not be assigned or subletted to a third party and any transfer of Permittee's property abut- ting District's property or right-of-way shall ipsofacto and without move, cancel, nullify and revoke this Permit. 3 . This Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District - to Permittee. 4. In no event shall the District be liable for any damages done or caused by the District to the Public, to Permittee or any other person using the right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors and employees harmless from any costs, charge or expense _ of claim or demand of any person against the District arising from or pertaining to any use made of the - property orright-of-way subject to this permit. Permittee shall, at any time upon request of District, provide to District evidence, satisfactory to District, of liability insurance coverage, in amounts and with companies as may be required by District, protecting the interests of District and naming District as an additional in- sured. 5. The District may, on thirty days' written notice to Permittee, require removal and/or alteration of any instal- lation or construction on District right-of-way. 6 . Any construction on District right-of-way or property and clean up shall be completed promptly by Permit- tee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 7. Permittee shall advise District's office prior to commencement and upon completion of all construction. (562-2141) 8 . Permittee shall not discharge any pollutants, contaminants or deleterious materials into water or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, Jossordamage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request of District. 9. Permittee, as a condition to the continuance of this Permit, shall reimburse District immediately upon de- mand, for any testing or other costs or expenses to District associated with or arising from Permittee's use of District facilities. ' 10. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such instal- lations and shall coordinate construction with all other lawful users of said right-of-vyay. Applicant shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of way users. 11 . This permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 12. An as-built/location certification of all culvert/structum installations within the District's canals/right-of- way shall be performed by a Florida Registered Professional Surveyor and Mapper on form provided by the District, and submitted to the District within thirty (30) days following completion of installation. If as-built certification is not received within. thirtv days of installation, the District will either have certification completed at owner/applicants expense or order removal of the installation. G. (continued) 2. I accept full responsibility for any erosion to or shoaling in the District's canal or levee due to my work and I shall remove or repair same promptly and at no expense to the District; and I will prevent the discharge of any hyacinths or aquatic growth into the District's canal through my connection. 3 . I will neither plant trees or shrubs or erect any structure that will prohibit or limit the existing access of - District equipment or vehicles without securing proper authorization thereof. 4. It is further understood and agreed that any other requirements of the District are binding upon me, the application, and I do hereby indicate acceptance of this notice thereof. 5 . It is further understood and agreed that the lands to be benefited by this request are, or may be, subject to flooding during periods of high water due to heavy rains or other acts of God, and that the permit will - - be accepted subject to this possibility which is recognized not to be within the control of the District. - - - - STANDARD PROVISOS. I . Permittee assumes full responsibility for any construction, operation or maintenance of District properly or - right-of-way subject to this Permit and shall save and hold harmless District from any expense, loss, damage - - - or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. - - 2. This Permit may not be assigned or subletted to a third party and any transfer of Permittee's property abut- ting District's property or right-of-way shall ipsofacto and without move, cancel, nullify and revoke this Permit. 3 . This Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District - to Permittee. 4. In no event shall the District be liable for any damages done or caused by the District to the Public, to Permittee or any other person using the right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors and employees harmless from any costs, charge or expense _ of claim or demand of any person against the District arising from or pertaining to any use made of the - property orright-of-way subject to this permit. Permittee shall, at any time upon request of District, provide to District evidence, satisfactory to District, of liability insurance coverage, in amounts and with companies as may be required by District, protecting the interests of District and naming District as an additional in- sured. 5. The District may, on thirty days' written notice to Permittee, require removal and/or alteration of any instal- lation or construction on District right-of-way. 6 . Any construction on District right-of-way or property and clean up shall be completed promptly by Permit- tee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 7. Permittee shall advise District's office prior to commencement and upon completion of all construction. (562-2141) 8 . Permittee shall not discharge any pollutants, contaminants or deleterious materials into water or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, Jossordamage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request of District. 9. Permittee, as a condition to the continuance of this Permit, shall reimburse District immediately upon de- mand, for any testing or other costs or expenses to District associated with or arising from Permittee's use of District facilities. ' 10. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such instal- lations and shall coordinate construction with all other lawful users of said right-of-vyay. Applicant shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of way users. 11 . This permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 12. An as-built/location certification of all culvert/structum installations within the District's canals/right-of- way shall be performed by a Florida Registered Professional Surveyor and Mapper on form provided by the District, and submitted to the District within thirty (30) days following completion of installation. If as-built certification is not received within. thirtv days of installation, the District will either have certification completed at owner/applicants expense or order removal of the installation. SPECIAL CONDITIONS FOR PERMIT NO. 08-13 FOR INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX LOCATED IN PART OF SOUTHWEST V OF SOUTHWEST V OF SECTION 33-31-39 (HOBART PARK AREA) I ) This permit issued based on plans signed and sealed by George ,Se P.E., dated April 8, 2008. an McGuire, 2) Project shall provide the required 2" per 24 hour discharge limitation for a 25 Year-24 hour storm event. ' 3) All exotic growth (pepper trees, Australian pines, etc.) shall be cleared from the west right-of-way and bank of Lateral "G" Canal adjacent to subject site. All such plants/trees removed from the bank (slope) of this canal shall be cut-off evenly at ground level of canal bank (leaving root system in place) to least disturb the bank of canal. The removal of exoti bank ccs lying landward of' the tap of ilan be removed conventionally with final grading of canal berm sloping away from top of bank in such manner as to prevent ponding and overbank discharge (and resulting erosion) of stormwater mn-off into the canal. J:1MEC!SPEC COND-PROVISoSaspe ja7 umd408-13.doa SPECIAL CONDITIONS FOR PERMIT NO. 08-13 FOR INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX LOCATED IN PART OF SOUTHWEST V OF SOUTHWEST V OF SECTION 33-31-39 (HOBART PARK AREA) I ) This permit issued based on plans signed and sealed by George ,Se P.E., dated April 8, 2008. an McGuire, 2) Project shall provide the required 2" per 24 hour discharge limitation for a 25 Year-24 hour storm event. ' 3) All exotic growth (pepper trees, Australian pines, etc.) shall be cleared from the west right-of-way and bank of Lateral "G" Canal adjacent to subject site. All such plants/trees removed from the bank (slope) of this canal shall be cut-off evenly at ground level of canal bank (leaving root system in place) to least disturb the bank of canal. The removal of exoti bank ccs lying landward of' the tap of ilan be removed conventionally with final grading of canal berm sloping away from top of bank in such manner as to prevent ponding and overbank discharge (and resulting erosion) of stormwater mn-off into the canal. J:1MEC!SPEC COND-PROVISoSaspe ja7 umd408-13.doa Florida Department of Chai Go vrnor Enve{ te�� �� ��i FLC7RII7A ' Central District 1-� `ernor ]. 3319 Maguire Boulevard, Suite 232 Michael i>u , Solc Orlando, Florida 32803-3767 Secretary NoUllleatiorl Of Use of General Permit SENT BY E-MAIL Permittee: Christopher J. Kafer, Jr., P .E. , Indian River County Public Works Department Utility : Jesse Roland, Indian River County Department of Utility Services Engineer: Kenneth M. Good, P .E., Carter Associates, Inc Permit Number: WD31 -0039206- 759 Project Name: Parks Maintenance Complex County : Indian River Location: Northwest corner of 77th Street and Lateral G Canal Project Description: Domestic supply to proposed buildings To the Permittee: Christopher J. Kafer, Jr., P.E.,County Engineer In response to your request, this document is to advise you that the Department has received Your notice of intent to use a general permit as provided in Chapter 62-555, Florida Administrative Code (F.A. C.) , to construct a water distribution system extension and is not at this time objecting to your use of such general permit. Please be advised that you are required to abide by all conditions in Chapters 62-4, 62-550;: 62-555, the general requirements for general permits, and Rule 62-555 . 405, F.A . C. Also note that the permittee must DIDIDntly notify the Department upon sale or legal transfer of the peritted facility This hermit is transferable only upon Department approval The new owner must apply by letter for a transfer of permit within 30 days A LETTER OF CLEARANCE MUST BE ISSUED BY THE DEPARTMENT PRIOR TO PLACEMENT OF THIS PROJECT INTO SERVICE. FAILURE TO DO SO WILL RESULT IN THE PERMITTEE BEING SUBJECT TO APPROPRIATE ENFORCEMENT ACTION. To obtain the clearance letter, the engineer-of-record must submit a "Request for Letter of Release to Place Water Supply System into Service" [DEP Form 62-555 .900(9), F.A. C.] (attached), a copy of this letter and satisfactory bacteriological test results (with chlorine residuals indicated) taken on two consecutive days from the following Iocations : a. The proposed main at the point of connection to the existing main b . The point of service to the buildin Water sample forms must indicate specific recommended sample locations and file number above. Permit expiration date is five years from the date of issuance. Richard S . Lott, P.G. , P .E. Manager — Drinking Water Program RSL/JYM/JYM Date : March 13 , 2008 cicafer(dira�ov Com; rt oland (aiireeov . Com; Jcet O ;Carternssoc corn Florida Department of Chai Go vrnor Enve{ te�� �� ��i FLC7RII7A ' Central District 1-� `ernor ]. 3319 Maguire Boulevard, Suite 232 Michael i>u , Solc Orlando, Florida 32803-3767 Secretary NoUllleatiorl Of Use of General Permit SENT BY E-MAIL Permittee: Christopher J. Kafer, Jr., P .E. , Indian River County Public Works Department Utility : Jesse Roland, Indian River County Department of Utility Services Engineer: Kenneth M. Good, P .E., Carter Associates, Inc Permit Number: WD31 -0039206- 759 Project Name: Parks Maintenance Complex County : Indian River Location: Northwest corner of 77th Street and Lateral G Canal Project Description: Domestic supply to proposed buildings To the Permittee: Christopher J. Kafer, Jr., P.E.,County Engineer In response to your request, this document is to advise you that the Department has received Your notice of intent to use a general permit as provided in Chapter 62-555, Florida Administrative Code (F.A. C.) , to construct a water distribution system extension and is not at this time objecting to your use of such general permit. Please be advised that you are required to abide by all conditions in Chapters 62-4, 62-550;: 62-555, the general requirements for general permits, and Rule 62-555 . 405, F.A . C. Also note that the permittee must DIDIDntly notify the Department upon sale or legal transfer of the peritted facility This hermit is transferable only upon Department approval The new owner must apply by letter for a transfer of permit within 30 days A LETTER OF CLEARANCE MUST BE ISSUED BY THE DEPARTMENT PRIOR TO PLACEMENT OF THIS PROJECT INTO SERVICE. FAILURE TO DO SO WILL RESULT IN THE PERMITTEE BEING SUBJECT TO APPROPRIATE ENFORCEMENT ACTION. To obtain the clearance letter, the engineer-of-record must submit a "Request for Letter of Release to Place Water Supply System into Service" [DEP Form 62-555 .900(9), F.A. C.] (attached), a copy of this letter and satisfactory bacteriological test results (with chlorine residuals indicated) taken on two consecutive days from the following Iocations : a. The proposed main at the point of connection to the existing main b . The point of service to the buildin Water sample forms must indicate specific recommended sample locations and file number above. Permit expiration date is five years from the date of issuance. Richard S . Lott, P.G. , P .E. Manager — Drinking Water Program RSL/JYM/JYM Date : March 13 , 2008 cicafer(dira�ov Com; rt oland (aiireeov . Com; Jcet O ;Carternssoc corn REQUIREMENTS FOR USE OF THE GENERAL PERMIT FOR DOMESTIC WASTEWATER COLLECTIONITRANSMISSION SYSTEMS : L This general permit is subject to the general permit conditions of Rule 62-4. 050, F.A.C., as applicable . This rule is available at the Department' s Internet site at: http ://www.dep.state. fl .us/water/wastewater/rales .htm#domestic [62-4. 050] . 2 . This general permit does not relieve the permittee of the responsibility for obtaining a dredge and fill permit where it is required. [62-604. 600(6)(b) l , 11 -6-03] 3 . This general permit cannot be revised, except to transfer the permit. [62-604 .600 (6)(b)2, 11 - 6-03] 4 . Upon completion of construction of the collection/transmission system project, and before placing the facilities into operation for any purpose other than testing for leaks or testing equipment operation, the permittee shall submit to the Department' s Central District Office, Form 62-604 . 300 (8)(b), Request for Approval to Place a Domestic Wastewater Collection/Transmission System into Operation . This form is available at the Department' s Internet site at : http ://www.dep .state.fl.us/water/wastewater/forms .htm [62-604.700(2), 11 - 6-03] 5 . The- new or modified collection/transmission facilities shall not be placed into service until the Department clears the project for use . [62-604 . 700(3), 11 -6-03] 6. Abnormal events shall be reported to the Department ' s Central District Office in accordance with Rule 62-604. 550, F.A. C . For unauthorized spills of wastewater in excess of 1000 gallons per incident, or where information indicates that public health or the environment may be endangered, oral reports shall be provided to the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519 as soon as practical, but no later than 24 hours from the time the permittee or other designee becomes aware of the circumstances. Unauthorized releases or spills less than 1000 gallons per incident are to be reported orally to the Department ' s Central District Off within 24 hours from the time the permittee, designee becomes aware of the circumstances. [62-604.550, I1 -6-03] or other REQUIREMENTS FOR USE OF THE GENERAL PERMIT FOR DOMESTIC WASTEWATER COLLECTIONITRANSMISSION SYSTEMS : L This general permit is subject to the general permit conditions of Rule 62-4. 050, F.A.C., as applicable . This rule is available at the Department' s Internet site at: http ://www.dep.state. fl .us/water/wastewater/rales .htm#domestic [62-4. 050] . 2 . This general permit does not relieve the permittee of the responsibility for obtaining a dredge and fill permit where it is required. [62-604. 600(6)(b) l , 11 -6-03] 3 . This general permit cannot be revised, except to transfer the permit. [62-604 .600 (6)(b)2, 11 - 6-03] 4 . Upon completion of construction of the collection/transmission system project, and before placing the facilities into operation for any purpose other than testing for leaks or testing equipment operation, the permittee shall submit to the Department' s Central District Office, Form 62-604 . 300 (8)(b), Request for Approval to Place a Domestic Wastewater Collection/Transmission System into Operation . This form is available at the Department' s Internet site at : http ://www.dep .state.fl.us/water/wastewater/forms .htm [62-604.700(2), 11 - 6-03] 5 . The- new or modified collection/transmission facilities shall not be placed into service until the Department clears the project for use . [62-604 . 700(3), 11 -6-03] 6. Abnormal events shall be reported to the Department ' s Central District Office in accordance with Rule 62-604. 550, F.A. C . For unauthorized spills of wastewater in excess of 1000 gallons per incident, or where information indicates that public health or the environment may be endangered, oral reports shall be provided to the STATE WARNING POINT TOLL FREE NUMBER (800) 320-0519 as soon as practical, but no later than 24 hours from the time the permittee or other designee becomes aware of the circumstances. Unauthorized releases or spills less than 1000 gallons per incident are to be reported orally to the Department ' s Central District Off within 24 hours from the time the permittee, designee becomes aware of the circumstances. [62-604.550, I1 -6-03] or other oiEmo _ Florida Department of Qo , � nt- ���r` Governor ` x Environmental Protection JetfKottkamp Central District Lt Govenuv o - - ' 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Michael W. Sole Secretary Sent via e-mail : ckafer ircaov com PERMITTEE : PERMIT NUMBER : 0180721 -017 CHRISTOPHER KAFER JR PE COUNTY: Indian River IND RIV CO PUBLIC WORKS DEPT PROJECT: Parks Maintenance Complex 1801 27r " ST GENERATING: 11588 GPD VERO BEACH FL 32960 CONNECTED TO : IRCUD/Central WWTF Dear Mr. Kafer: This letter acknowledges receipt of your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System for the subject project. Our office received the Notice on February' 21 , 2008 . This is to advise you that the Department does not object to your use ofsuch General Permit. Please note the attached requirements apply to your use of this General Permit for constructing the proposed domestic wastewater collection/transmission system. In accordance with Rule 62-4.540( 13), F.A .C., this authorization shall be good for a period of five years from the date of this letter. You are further advised that the construction activity must conform to the description contained in your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System and that any deviation will subject the permittee to enforcement action and possible penalties. Sincerely, fY Program Manager Domestic Waste Permitting DJ/cs/ply Date : March 14. 2008 cc : Kenneth Good, P.E. (via e-mail : kentr ctcarterassoc com) Jesse Roland (via e-mail : jroland(2ircQov com "lrfore Protection, Less Process " rvtVic_dep_state,fl. us oiEmo _ Florida Department of Qo , � nt- ���r` Governor ` x Environmental Protection JetfKottkamp Central District Lt Govenuv o - - ' 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 Michael W. Sole Secretary Sent via e-mail : ckafer ircaov com PERMITTEE : PERMIT NUMBER : 0180721 -017 CHRISTOPHER KAFER JR PE COUNTY: Indian River IND RIV CO PUBLIC WORKS DEPT PROJECT: Parks Maintenance Complex 1801 27r " ST GENERATING: 11588 GPD VERO BEACH FL 32960 CONNECTED TO : IRCUD/Central WWTF Dear Mr. Kafer: This letter acknowledges receipt of your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System for the subject project. Our office received the Notice on February' 21 , 2008 . This is to advise you that the Department does not object to your use ofsuch General Permit. Please note the attached requirements apply to your use of this General Permit for constructing the proposed domestic wastewater collection/transmission system. In accordance with Rule 62-4.540( 13), F.A .C., this authorization shall be good for a period of five years from the date of this letter. You are further advised that the construction activity must conform to the description contained in your Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System and that any deviation will subject the permittee to enforcement action and possible penalties. Sincerely, fY Program Manager Domestic Waste Permitting DJ/cs/ply Date : March 14. 2008 cc : Kenneth Good, P.E. (via e-mail : kentr ctcarterassoc com) Jesse Roland (via e-mail : jroland(2ircQov com "lrfore Protection, Less Process " rvtVic_dep_state,fl. us St . Johns Ri . . JAN 9 at r M ana enk e tr Zoog - Kirby B. Green Ili, Executiva DIlector • David W. Ask, Assistant Executive Director - 4049 Reid Street & P.O. Box 1429 0 Palatka, FL 321 78- 1 429 a (386) 329-4500 On the Internet at tvrovw.sirvvmd. com. REGULATION OF STORMWATER MANAGEMENT SYSTEMS CHAPTER 40C -42, F.A. C. PERMIT NO. 42-061114gg3= AUTHORIZING : 1 A PERMIT DATE ISSUED : January 7 2009 Construction of a Stormwater Management System with stormwater treatment by retention for Indian River County Parks Maintenance Complex, a 5. 00-acre project to be constructed as per plans received by the District via E-permitting on December 31 , 2008 . LOCATION : Section(s): 33 Township (s) : 31S Range(s) : 39E Indian River County Indian River County Public Works Dept 1801 27th Street Vero Beach , FL 32960 This document shall serve as the formal permit for construction and operation of stormwater management system in accordance with Chapter 40C,42, F.A. C. ; issued by the staff of the St. Johns River Water Management District on January 7, 2009. This permit is subject to the standard limiting conditions and other special conditions approved by the staff. These conditions are enclosed . This permit is a legal document and should be kept with your other important records. The Permit requires the submittal of an As-built certification and may require submittal of other documents . All information provided in compliance with permit conditions should be submitted to the District office from which the permit was issued. An As-built certification form is attached . Complete this form within 30 days of completion of construction of the permitted . system , including all site work. Upon receipt of the As-built certification , staff will inspect the project site. Once the project is found to be in compliance with all permit requirements, the permit may be converted to its operation phase and responsibility transferred to the operation and maintenance entity in accordance with Chapter 40C-42. 028, F.A. C. Permit issuance does not relieve you from federalng I from, state, and/or local agencies as ertng concurrent rrentjuri dicbility for tion overpermits tthis work. p any lease GOVERNING BOARD PONiE Susan N. Hughes, CHAIRMAN W. Leonard Wood, vice CHAIRMAN Hersey allarkyl Huffman, SECRETARY Hans G. Tantler lll, TREASURER VEDRA YECfld FERNANOINA 6EACH Douglas C. Bournique Michael Ertel ENTERPRISE JACKSONVILLE VERO BEACH CASCO David G. Graham Arlen N. Jumper JACKSONVILLE Amp T. McOfa FORT McCOY ouuun , St . Johns Ri . . JAN 9 at r M ana enk e tr Zoog - Kirby B. Green Ili, Executiva DIlector • David W. Ask, Assistant Executive Director - 4049 Reid Street & P.O. Box 1429 0 Palatka, FL 321 78- 1 429 a (386) 329-4500 On the Internet at tvrovw.sirvvmd. com. REGULATION OF STORMWATER MANAGEMENT SYSTEMS CHAPTER 40C -42, F.A. C. PERMIT NO. 42-061114gg3= AUTHORIZING : 1 A PERMIT DATE ISSUED : January 7 2009 Construction of a Stormwater Management System with stormwater treatment by retention for Indian River County Parks Maintenance Complex, a 5. 00-acre project to be constructed as per plans received by the District via E-permitting on December 31 , 2008 . LOCATION : Section(s): 33 Township (s) : 31S Range(s) : 39E Indian River County Indian River County Public Works Dept 1801 27th Street Vero Beach , FL 32960 This document shall serve as the formal permit for construction and operation of stormwater management system in accordance with Chapter 40C,42, F.A. C. ; issued by the staff of the St. Johns River Water Management District on January 7, 2009. This permit is subject to the standard limiting conditions and other special conditions approved by the staff. These conditions are enclosed . This permit is a legal document and should be kept with your other important records. The Permit requires the submittal of an As-built certification and may require submittal of other documents . All information provided in compliance with permit conditions should be submitted to the District office from which the permit was issued. An As-built certification form is attached . Complete this form within 30 days of completion of construction of the permitted . system , including all site work. Upon receipt of the As-built certification , staff will inspect the project site. Once the project is found to be in compliance with all permit requirements, the permit may be converted to its operation phase and responsibility transferred to the operation and maintenance entity in accordance with Chapter 40C-42. 028, F.A. C. Permit issuance does not relieve you from federalng I from, state, and/or local agencies as ertng concurrent rrentjuri dicbility for tion overpermits tthis work. p any lease GOVERNING BOARD PONiE Susan N. Hughes, CHAIRMAN W. Leonard Wood, vice CHAIRMAN Hersey allarkyl Huffman, SECRETARY Hans G. Tantler lll, TREASURER VEDRA YECfld FERNANOINA 6EACH Douglas C. Bournique Michael Ertel ENTERPRISE JACKSONVILLE VERO BEACH CASCO David G. Graham Arlen N. Jumper JACKSONVILLE Amp T. McOfa FORT McCOY ouuun , note that if dewatering is to occur during any phase of construction or thereafter and the surface water pump(s), wells , or facilities are capable of withdrawing one million gallons of water per day or more, or an average of 100, 000 gallons per day or more over a year, and any discharge is to be off-site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the District prior to starting the dewatering . Please contact the District if you need additional information or application materials . Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages , claims, or liabilities which may arise from permit issuance. Said application , including ail plans and specifications attached thereto, is by reference made a part thereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies . All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified , or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes. In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale. Please. assist us in this matter so as to maintain a valid permit for the new property owner. Thank you, for your cooperation, and if this office can be of any further assistance to you , please do not hesitate to contact us. John Juilianna , Service Center Director - Palm Bay Department of Water Resources Enclosures : As-built Certification Form Exhibit A cc: District Permit File Agent: Carter Assoc Inc 1708 21 st St Vero Beach, FL 32960 note that if dewatering is to occur during any phase of construction or thereafter and the surface water pump(s), wells , or facilities are capable of withdrawing one million gallons of water per day or more, or an average of 100, 000 gallons per day or more over a year, and any discharge is to be off-site, you must apply for and obtain a Consumptive Use Permit (40C-2) from the District prior to starting the dewatering . Please contact the District if you need additional information or application materials . Permittee agrees to hold and save the St. Johns River Water Management District and its successors harmless from any and all damages , claims, or liabilities which may arise from permit issuance. Said application , including ail plans and specifications attached thereto, is by reference made a part thereof. This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies . All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit may be revoked, modified , or transferred at any time pursuant to the appropriate provisions of Chapter 373 , Florida Statutes. In the event you sell your property, the permit will be transferred to the new owner, if we are notified by you within thirty days of the sale. Please. assist us in this matter so as to maintain a valid permit for the new property owner. Thank you, for your cooperation, and if this office can be of any further assistance to you , please do not hesitate to contact us. John Juilianna , Service Center Director - Palm Bay Department of Water Resources Enclosures : As-built Certification Form Exhibit A cc: District Permit File Agent: Carter Assoc Inc 1708 21 st St Vero Beach, FL 32960 All BIT CONDITIONS FOR ISSUANCE OFIPERMIT NUMBER 42-061 -114983 -1 INDIAN RIVER COUNTY PUBLIC WORKS DEPT DATED JANUARY 7, 2009 1 . This permit for construction will expire five years from the date of issuance unless otherwise specified by a special condition of the permit. 2 . Permittee must obtain a permit from the District prior to beginning construction of subsequent Dhases or any other work associated with this project not specifically authorized by this permit. 3 . Before any offsite discharge from the stormwater management system occurs, the retention and detention storage must be excavated to rough grade prior to building construction or placement of impervious surface within the area served by those systems . Adequate measures must be taken to prevent siltation of these treatment systems and control structures during construction or siltation must be removed prior to final grading and stabilization . 4. The permittee must maintain a copy of this permit complete with all conditions , attachments , exhibits , and permit modification in good condition at the construction site . The complete permit must be available for review upon request by District representatives. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 5 . All activities shall be implemented as set forth in the plans , specifications and performance criteria. as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall be considered a violation of this permit. 6 . District authorized staff, upon proper identification, must be granted permission to enter, inspect and observe the system to insure conformity with the plans and specifications approved by the permit. 7. Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance withthe guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are hereby incorporated by reference, unless a Project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specification in chapter 6 of the Florida Land Development Manual: A guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . 8 . If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form aleNo . 4 y . 181 ( 13) (As built Certification By a Registered Professional), signed and sealed by an appropriated professional registered in the State of Florida , and two (2) sets of "As Built' drawings when a) required by a special condition of this permit, b) the professional uses "As Built' drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans . This submittal will serve to All BIT CONDITIONS FOR ISSUANCE OFIPERMIT NUMBER 42-061 -114983 -1 INDIAN RIVER COUNTY PUBLIC WORKS DEPT DATED JANUARY 7, 2009 1 . This permit for construction will expire five years from the date of issuance unless otherwise specified by a special condition of the permit. 2 . Permittee must obtain a permit from the District prior to beginning construction of subsequent Dhases or any other work associated with this project not specifically authorized by this permit. 3 . Before any offsite discharge from the stormwater management system occurs, the retention and detention storage must be excavated to rough grade prior to building construction or placement of impervious surface within the area served by those systems . Adequate measures must be taken to prevent siltation of these treatment systems and control structures during construction or siltation must be removed prior to final grading and stabilization . 4. The permittee must maintain a copy of this permit complete with all conditions , attachments , exhibits , and permit modification in good condition at the construction site . The complete permit must be available for review upon request by District representatives. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 5 . All activities shall be implemented as set forth in the plans , specifications and performance criteria. as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall be considered a violation of this permit. 6 . District authorized staff, upon proper identification, must be granted permission to enter, inspect and observe the system to insure conformity with the plans and specifications approved by the permit. 7. Prior to and during construction , the permittee shall implement and maintain all erosion and sediment control measures (best management practices) required to retain sediment on-site and to prevent violations of state water quality standards. All practices must be in accordance withthe guidelines and specifications in chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management (Florida Department of Environmental Regulation 1988), which are hereby incorporated by reference, unless a Project specific erosion and sediment control plan is approved as part of the permit, in which case the practices must be in accordance with the plan . If site specific conditions require additional measures during any phase of construction or operation to prevent erosion or control sediment, beyond those specified in the erosion and sediment control plan, the permittee shall implement additional best management practices as necessary, in accordance with the specification in chapter 6 of the Florida Land Development Manual: A guide to Sound Land and Water Management ( Florida Department of Environmental Regulation 1988). The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources . 8 . If the permitted system was designed by a registered professional, within 30 days after completion of the stormwater system, the permittee must submit to the District the following: District Form aleNo . 4 y . 181 ( 13) (As built Certification By a Registered Professional), signed and sealed by an appropriated professional registered in the State of Florida , and two (2) sets of "As Built' drawings when a) required by a special condition of this permit, b) the professional uses "As Built' drawings to support the As Built Certification, or c) when the completed system substantially differs from permitted plans . This submittal will serve to notify the District staff that the system is ready for inspection and approval . 9 . If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system , the permittee must submit to the District the following : District Form No . 40C- 1 . 181 ( 14) (As built Certification ), signed by the permittee and two (2) sets of "As Built" drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans . This submittal will serve to notify the District staff that the system is ready for inspection and approval . 10 . Stabilization measures shall be initiated for erosion and sediment control 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 seven (7) days before the construction activity in that portion of the site has temporarily or permanently ceased . 11 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the Changes prior to implementation so that a determination can be made whether a permit modification is required . 12 . Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located , the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of the permit shall be in accordance with the provisions of section 40C-612, F.A. C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 13 . The stormwater management system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure . . The system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the stormwater management system to a local government or other responsible entity. 14. The operation phase of the permit shall not become effective until the requirements of Condition No . 8 or 9 have been met, the district determines that the system complies with the permitted plans , and the entity approved by the District in accordance with section 40C- 42 . 027, F.A. C. , accepts responsibility for operation and maintenance of the system . The permit cannot be transferred to such an approved, responsible operation and maintenance entity until the requirements of section 40C-42. 028 , F.A. C. , are met, and the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District in accordance with section 40C-42. 028, F.A. C. , the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit. is transferred pursuant to subsection 40C- 42 . 028 (4) F. A. C. , the permittee shall be liable for compliance with the terms of the permit. 15 . Prior to lot or unit sales, or upon completion of construction of the system , whichever occurs first, the District must receive the final operation and maintenance document(s) approved by the District and recorded , if the latter is appropriate . For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity, Failure to submit the appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation of the permitted system . 16 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any notify the District staff that the system is ready for inspection and approval . 9 . If the permitted system was not designed by a registered professional, within 30 days after completion of the stormwater system , the permittee must submit to the District the following : District Form No . 40C- 1 . 181 ( 14) (As built Certification ), signed by the permittee and two (2) sets of "As Built" drawings when required by a special condition of this permit, or when the completed system substantially differs from permitted plans . This submittal will serve to notify the District staff that the system is ready for inspection and approval . 10 . Stabilization measures shall be initiated for erosion and sediment control 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 seven (7) days before the construction activity in that portion of the site has temporarily or permanently ceased . 11 . Should any other regulatory agency require changes to the permitted system , the permittee shall provide written notification to the District of the Changes prior to implementation so that a determination can be made whether a permit modification is required . 12 . Within thirty (30) days after sale or conveyance of the permitted stormwater management system or the real property on which the system is located , the owner in whose name the permit was granted shall notify the District of such change of ownership. Transfer of the permit shall be in accordance with the provisions of section 40C-612, F.A. C. All terms and conditions of this permit shall be binding upon the transferee. The permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 13 . The stormwater management system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure . . The system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the stormwater management system to a local government or other responsible entity. 14. The operation phase of the permit shall not become effective until the requirements of Condition No . 8 or 9 have been met, the district determines that the system complies with the permitted plans , and the entity approved by the District in accordance with section 40C- 42 . 027, F.A. C. , accepts responsibility for operation and maintenance of the system . The permit cannot be transferred to such an approved, responsible operation and maintenance entity until the requirements of section 40C-42. 028 , F.A. C. , are met, and the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District in accordance with section 40C-42. 028, F.A. C. , the permittee shall request transfer of the permit to the responsible approved operation and maintenance entity, if different from the permittee. Until the permit. is transferred pursuant to subsection 40C- 42 . 028 (4) F. A. C. , the permittee shall be liable for compliance with the terms of the permit. 15 . Prior to lot or unit sales, or upon completion of construction of the system , whichever occurs first, the District must receive the final operation and maintenance document(s) approved by the District and recorded , if the latter is appropriate . For those systems which are proposed to be maintained by county or municipal entities, final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity, Failure to submit the appropriate final document will result in the permittee remaining personally liable for carrying out maintenance and operation of the permitted system . 16 . This permit does not eliminate the necessity to obtain any required federal , state , local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other than those specified in the permit and Chapter 40C-42 . 028 , F .A. C . 17 . The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . 18 . The. permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 19. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 20 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation , scouring or excess turbidity, and dewatering . 21 . Prior to construction , the permittee must clearly designate the limits of construction on-site . The permittee must advise the contractor that any work outside the limits of construction, including clearing , may be a violation of this permit. 22 . The permittee must have two. in situ percolation tests performed at two separate locations within the retention area . Within 30 days of completion of the in situ testing of soils , the permittee must submit the results of said percolation tests to the District's Palm Bay Office to demonstrate compliance with design parameters . Replacement of existing soils with washed sand will be required , as depicted on Sheet C-3 of the plans, if the hydraulic conductivity rate of the existing soil does not meet or exceed the design parameters (30 feet-per day) . 23 . The stormwater management system must be inspected by the operation and maintenance entity,cnce within two years after the completion of construction and everytwo years thereafter to insure that the system is functioning as designed and permitted . If a required inspection reveals that the system is not functioning as designed and permitted , then within 14 days of that inspection the entity must submit an Exceptions Report on form number 40C-42. 900(6)3 Exceptions Report for Stormwater Management System Out of Compliance. The operation and maintenance entity must maintain a record of each required inspection, including the date of inspection , the name , address , and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee , or convey any rights or privileges other than those specified in the permit and Chapter 40C-42 . 028 , F .A. C . 17 . The permittee shall hold and save the District harmless from any and all damages , claims , or liabilities which may arise by reason of the activities authorized by the permit or any use of the permitted system . 18 . The. permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. 19. Activities approved by this permit shall be conducted in a manner which do not cause violations of state water quality standards. 20 . All wetland areas or water bodies that are outside the specific limits of construction authorized by this permit must be protected from erosion, siltation , scouring or excess turbidity, and dewatering . 21 . Prior to construction , the permittee must clearly designate the limits of construction on-site . The permittee must advise the contractor that any work outside the limits of construction, including clearing , may be a violation of this permit. 22 . The permittee must have two. in situ percolation tests performed at two separate locations within the retention area . Within 30 days of completion of the in situ testing of soils , the permittee must submit the results of said percolation tests to the District's Palm Bay Office to demonstrate compliance with design parameters . Replacement of existing soils with washed sand will be required , as depicted on Sheet C-3 of the plans, if the hydraulic conductivity rate of the existing soil does not meet or exceed the design parameters (30 feet-per day) . 23 . The stormwater management system must be inspected by the operation and maintenance entity,cnce within two years after the completion of construction and everytwo years thereafter to insure that the system is functioning as designed and permitted . If a required inspection reveals that the system is not functioning as designed and permitted , then within 14 days of that inspection the entity must submit an Exceptions Report on form number 40C-42. 900(6)3 Exceptions Report for Stormwater Management System Out of Compliance. The operation and maintenance entity must maintain a record of each required inspection, including the date of inspection , the name , address , and telephone number of the inspector, and whether the system was functioning as designed and permitted, and make such record available for inspection upon request by the District during normal business hours. Notice Of Rights I . A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District ( District). Pursuant to Chapter 28-106 and Rule 40C- 1 . 1007, Florida Administrative Code , the petition must be filed (received ) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429 , Palatka Florida 32178- 1429 (4049 Reid St. , Palatka, FL 32177) or by e-mail with the District Clerk at Clerk(&sirwmd com within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21 ) days of the District emailing notice of District decision (for those persons to whom the District emails actual notice ), or within twenty-one (21 ) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120. 54(5)( b)4. and 120. 569(2)(c) , Florida Statutes, and Chapter 28- 106 , Florida Administrative Code . The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120 . 573, Florida Statutes , is not available. 2 . If the Governing Board takes action that substantially differs from the notice of District decision , a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007, Florida Administrative Code, the petition must be filed (received ) at the office of the District Clerk at the mail street address or email address described in paragraph no . 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) , within twenty-one (21 ) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within twenty-one (21 ) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120 . 54(5)( b)4. and 120 .569(2)(c), Florida Statutes, and Chapter 28- 106, Florida Administrative Code. Mediation pursuant to Section 120. 573, Florida Statutes , is not available. 3 . A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120 . 569 and 120 . 57( 1 ), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106 . 201 , Florida Administrative Code. 4. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120 .569 and 120. 57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28- 106 . 301 , Florida Administrative Code . Notice Of Rights I . A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District ( District). Pursuant to Chapter 28-106 and Rule 40C- 1 . 1007, Florida Administrative Code , the petition must be filed (received ) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429 , Palatka Florida 32178- 1429 (4049 Reid St. , Palatka, FL 32177) or by e-mail with the District Clerk at Clerk(&sirwmd com within twenty-six (26) days of the District depositing notice of District decision in the mail (for those persons to whom the District mails actual notice), within twenty-one (21 ) days of the District emailing notice of District decision (for those persons to whom the District emails actual notice ), or within twenty-one (21 ) days of newspaper publication of the notice of District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120. 54(5)( b)4. and 120. 569(2)(c) , Florida Statutes, and Chapter 28- 106 , Florida Administrative Code . The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120 . 573, Florida Statutes , is not available. 2 . If the Governing Board takes action that substantially differs from the notice of District decision , a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the District, but this request for administrative hearing shall only address the substantial deviation . Pursuant to Chapter 28- 106 and Rule 40C- 1 . 1007, Florida Administrative Code, the petition must be filed (received ) at the office of the District Clerk at the mail street address or email address described in paragraph no . 1 above, within twenty-six (26) days of the District depositing notice of final District decision in the mail (for those persons to whom the District mails actual notice) , within twenty-one (21 ) days of the District emailing the notice of final District decision (for those persons to whom the District emails actual notice), or within twenty-one (21 ) days of newspaper publication of the notice of final District decision (for those persons to whom the District does not mail or email actual notice). A petition must comply with Sections 120 . 54(5)( b)4. and 120 .569(2)(c), Florida Statutes, and Chapter 28- 106, Florida Administrative Code. Mediation pursuant to Section 120. 573, Florida Statutes , is not available. 3 . A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120 . 569 and 120 . 57( 1 ), Florida Statutes, where there is a dispute between the District and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106 . 201 , Florida Administrative Code. 4. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120 .569 and 120. 57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28- 106 . 301 , Florida Administrative Code . Notice Of Rights 5 . A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka , Florida . Petitions received by the District Clerk after 5: 00 p. m. , or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8 : 00 a. m . on the next regular District business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agencv Organization and Operation (issued pursuant to Rule 28-101 . 001 , Florida Administrative Code), which is available for viewing at �. si— wrnd com . These conditions include, but are not limited to, the petition being in the form of a PDF fife and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation , attempting .to file a petition byfacsimile is prohibited and shall not constitute filing . 6. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28- 106 . 111 , Florida Administrative Code ). 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106 , Florida Administrative Code , and Rule 40C- 1 . 1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means the District's final action may be different from the position taken by it in this notice . A person whose substantial interests are or may be affected by the District's final action has the right to become. a party to the proceeding , in accordance with the requirements set forth above. 8 . A person with a legal or equitable interest in real property who believes that a District Permitting action is unreasonable or will unfairly burden the use of their property, has the right to, within 30 days of receipt of the notice of District decision regarding a permit application , apply for a special magistrate proceeding under Section 70. 51 , Florida Statutes, by filing a written request for relief at the Office of the District Clerk located at District Headquarters, P. O. Box 1.429, Palatka , FL 32178- 1429 (4049 Reid St. , Palatka , FL 32177). A request for relief must contain the information listed in Subsection 70, 51 (6), Florida Statutes . Requests for relief received by the District Clerk after 5: 00 P . M . , or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8: 00 a. m . on the next regular District business day. 9 . A timely filed request for relief under Section 70 . 51 , Florida Statutes, tolls the time to request an administrative hearing under paragraph nos . 1 or 2 above. ( Paragraph 70 . 51 ( 10)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph nos . 1 or 2 above waives the right to a special magistrate Proceeding . (Subsection 70. 51 ( 10)(b), Florida Statutes). 10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special magistrate proceeding . (Subsection 70. 51 (3), Florida Statutes). Notice Of Rights 5 . A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the District Clerk at the District Headquarters in Palatka , Florida . Petitions received by the District Clerk after 5: 00 p. m. , or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8 : 00 a. m . on the next regular District business day. The District's acceptance of petitions filed by e-mail is subject to certain conditions set forth in the District's Statement of Agencv Organization and Operation (issued pursuant to Rule 28-101 . 001 , Florida Administrative Code), which is available for viewing at �. si— wrnd com . These conditions include, but are not limited to, the petition being in the form of a PDF fife and being capable of being stored and printed by the District. Further, pursuant to the District's Statement of Agency Organization and Operation , attempting .to file a petition byfacsimile is prohibited and shall not constitute filing . 6. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28- 106 . 111 , Florida Administrative Code ). 7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106 , Florida Administrative Code , and Rule 40C- 1 . 1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action , the filing of a petition means the District's final action may be different from the position taken by it in this notice . A person whose substantial interests are or may be affected by the District's final action has the right to become. a party to the proceeding , in accordance with the requirements set forth above. 8 . A person with a legal or equitable interest in real property who believes that a District Permitting action is unreasonable or will unfairly burden the use of their property, has the right to, within 30 days of receipt of the notice of District decision regarding a permit application , apply for a special magistrate proceeding under Section 70. 51 , Florida Statutes, by filing a written request for relief at the Office of the District Clerk located at District Headquarters, P. O. Box 1.429, Palatka , FL 32178- 1429 (4049 Reid St. , Palatka , FL 32177). A request for relief must contain the information listed in Subsection 70, 51 (6), Florida Statutes . Requests for relief received by the District Clerk after 5: 00 P . M . , or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8: 00 a. m . on the next regular District business day. 9 . A timely filed request for relief under Section 70 . 51 , Florida Statutes, tolls the time to request an administrative hearing under paragraph nos . 1 or 2 above. ( Paragraph 70 . 51 ( 10)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph nos . 1 or 2 above waives the right to a special magistrate Proceeding . (Subsection 70. 51 ( 10)(b), Florida Statutes). 10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special magistrate proceeding . (Subsection 70. 51 (3), Florida Statutes). Notice Of Rights 11 . Any person whose substantial interests are or may be affected who claims 'that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617, Florida Statutes , and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of rendering of the final District action , (Section 373 . 617 , Florida Statutes ). 12 . Pursuant to Section 120 . 68 , Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9. 110 and 9 . 190 , Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action . 13 . A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373 . 114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14. A'• District action is considered rendered , as referred to in paragraph nos . 113 12 , and 13 above, after it is signed on behalf of the District, and is filed by the District Clerk . 15 . Failure to observe the relevant time frames for filing a petition forjudicial review as described in paragraph nos . 11 and 12 above, or for Commission review as described in paragraph no . 13 above, will result in waiver of that right to review. Notice Of Rights 11 . Any person whose substantial interests are or may be affected who claims 'that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617, Florida Statutes , and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of rendering of the final District action , (Section 373 . 617 , Florida Statutes ). 12 . Pursuant to Section 120 . 68 , Florida Statutes, a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9. 110 and 9 . 190 , Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action . 13 . A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373 . 114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the District order. 14. A'• District action is considered rendered , as referred to in paragraph nos . 113 12 , and 13 above, after it is signed on behalf of the District, and is filed by the District Clerk . 15 . Failure to observe the relevant time frames for filing a petition forjudicial review as described in paragraph nos . 11 and 12 above, or for Commission review as described in paragraph no . 13 above, will result in waiver of that right to review. Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U .S . Mail to : Indian River County Public Works Dept 1801 27th Street Vero Beach , FL 32960 - At 4: 00 p . m . this 7th day of January, 2009 . Division of Regulatory Information Management Gloria Lewis , Director St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 (386 ) 329-4152 Permit Number: 42-061 - 114983- 1 Notice Of Rights Certificate of Service I HEREBY CERTIFY that a copy of the foregoing Notice of Rights has been sent by U .S . Mail to : Indian River County Public Works Dept 1801 27th Street Vero Beach , FL 32960 - At 4: 00 p . m . this 7th day of January, 2009 . Division of Regulatory Information Management Gloria Lewis , Director St . Johns River Water Management District Post Office Box 1429 Palatka , FL 32178- 1429 (386 ) 329-4152 Permit Number: 42-061 - 114983- 1 APPENDIX ` B ' FLORIDA EROSION & SEDIMENT CONTROL INSPECTOR MANUAL CHAPTER 4 " BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL" CONTRACTOR TO REFER TO THE WEB SITE LISTED BELOW http ,//www. dep .state.fl.us/waterinoripoint/ero�man . htm Appendix B-BMP Fc\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\APPENDIX B - CHAPTER 4 BEST MANAGEMENT PRACTICES doc APPENDIX ` B ' FLORIDA EROSION & SEDIMENT CONTROL INSPECTOR MANUAL CHAPTER 4 " BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL" CONTRACTOR TO REFER TO THE WEB SITE LISTED BELOW http ,//www. dep .state.fl.us/waterinoripoint/ero�man . htm Appendix B-BMP Fc\Engineering\Capital Projects\0701 IRC PARKS COMPLEX\APPENDIX B - CHAPTER 4 BEST MANAGEMENT PRACTICES doc