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2003-118A.1
V � 1 s �= amu - C) 3 1�7 - F LpRi� CONTRACT DOCUMENTS AND SPECIFICATIONS FOR EAST GIFFORD STORMWATER IMPROVEMENTS ' PROJECT NO . 9219 - BID NO . 5063 PREPARED FOR ' THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY , FLORIDA KENNETH R . MACHT , CHAIRMAN COMMISSIONER CAROLINE D . GINN , VICE CHAIRMAN COMMISSIONER FRAN B . ADAMS ' COMMISSIONER ARTHUR R . NEUBERGER COMMISSIONER THOMAS S . LOWTHER JAMES E . CHANDLER , COUNTY ADMINISTRATOR JEFFREY K. BARTON , CLERK OF COURT WILLIAM G . COLLINS , 11 , ESQ . , COUNTY ATTORNEY W . KEITH McCULLY, P . E . , ESQ . , STORMWATER ENGINEER VOLUME 1 BIDDING DOCUMENTS , CONTRACT FORMS , AND CONDITIONS OF THE CONTRACT DATE PREPARED : APRIL 1 , 2003 00001 - Project Title Page 00001 - 1 1 F;\Public Works\KeithM\Stonrwater Projects\Gifford East\Construction Contract\eldding & Contract DocumentsOdding & Contract Documents\00001 - Project Title Page.doc Rev. 05/01 EAST GIFFORD STORMWATER IMPROVEMENTS BIDDING AND CONSTRUCTION CONTRACT DOCUMENTS TABLE OF CONTENTS EAST GIFFORD STORMWATER IMPROVEMENTS ' COUNTY PROJECT NUMBER 9219 ' 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 ' 00310 Bid Form 00430 Bid Bond 00450 Sworn Statement under Section 287 . 133 , Florida Statutes on Public Entity ' Crimes 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 00520 Agreement ' 00610 Performance Bond 00612 Payment Bond 00620 Sample Certificate of Liability Insurance 00622 Contractor' s Application for Payment 00632 Contractor' s Final Certification of the Work 00634 Professional Surveyor and Mapper' s Certification as to the Elevations and ' Locations of the Work 00640 Certification Regarding Debarments , Suspensions , Ineligibility, and Voluntary Exclusion — Lower Tier Federally Funded Transactions ' 00642 Release of Claims by Contractor on EPA Subagreement 00644 Disclosure of Lobbying Activities ' CONDITIONS OF THE CONTRACT 00700 EJCDC Standard General Conditions of the Construction Contract 00800 Supplementary Conditions to the General Conditions ' 00010- 1 EAST GIFFORD F:\Public Works\KeithM\Stormv%eter Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00010 - Table of Contents.doc TECHNICAL SPECIFICATIONS iDIVISION 1 = GENERAL REQUIREMENTS 01009 Special Provisions 01010 Summary of Work 01014 Maintenance of Operations 01025 Measurement and Payment 01026 Schedule of Values 01040 Project Coordination 01045 Cutting and Patching 01050 Surveying and Field Engineering Services 01091 Reference Standards 01092 Abbreviations and Symbols 01210 Pre-Construction Conference 01215 General Quality Control 01220 Progress Meetings 01310 Construction Schedules 01330 Required Submittals 01340 Submittal of Shop Drawings , Product Data , and Samples 01380 Construction Photographs 01410 Testing Laboratory Services 01520 Construction Facilities and Temporary Controls 01541 Protection of the Work and Property 01542 Operations in Highway Rights-of-Way 01543 Maintenance and Protection of Traffic 01550 Access Roads and Parking Areas 01610 Transportation and Handling of Material and Equipment 01611 Storage of Material and Equipment 01630 Substitutes and "Or- Equals" 01710 Site Cleanup and Restoration 01720 Record Drawings 01810 Project Closeout 01830 Bonds and Equipment Warranties DIVISION 2 - SITE WORK 02040 Demolitions 02050 Site Preparation 02220 Excavation and Backfill 02225 Erosion Control and Treatment of Dewatering Water and Stormwater Runoff From the Construction Site 02230 Grading 02232 Grassing by Hydro-Seeding r00010-2 EAST GIFFORD F:\Public WorksWeithM\Storm ester Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00010 - Table of Contents.doc ' 02236 Sodding 02250 Crossings by Boring and Jacking 02510 Stabilized Subgrade 02514 Limerock Base 02518 Prime and Tack Coats for Base Courses 02520 Type S - I , 11 , and III Asphaltic Concrete Pavement 02526 Sidewalk and Pavement Removal and Restoration 02530 Concrete Gutters , Curbs , Sidewalks , and Driveways ' 02550 Drainage Pipe 02552 Installation of Drainage Pipe 02560 Drainage Structures ' 02561 Sand -Cement Riprap 02562 Rubble Riprap 02565 Geotextile Fabric 02570 Coated Chain -Link Fencing DRAWINGS 1 Sheet No . General Description 1 of 9 COVER SHEET AND INDEX ' 2 of 9 OVERALL AREA 3 of 9 U . S . NO . 1 DRAINAGE IMPROVEMENTS STA , 0 + 00 THRU 9 + 00 4 of 9 U . S . NO , 1 DRAINAGE IMPROVEMENTS STA . 9 + 00 THRU 21 +00 ' 5 of 9 WET DETENTION LAKE AND CONVEYANCE SYSTEM 6 of 9 U . S . NO , 1 CROSS SECTIONS 7 of 9 DETAILS , QUANTITIES & NOTES ' 8 of 9 DETAILS , QUANTITIES & NOTES 9 of 9 RAILROAD CROSSING PLAN , PROFILE , AND SPECIFICATIONS ' APPENDICES APPENDIX A — COPIES OF APPROVED PERMITS ' 1 . St , Johns River _ _ Water Management District Permit No . 4-061 71269 1 ' 2 . Florida East Coast Railway Company, L . L . C . — Letter to Mr. James Davis , Public Works Director, Indian River County, Dated July 9 , 2001 , and Letter to Mr. Keith ' McCully, Indian River County, Dated December 9 , 2002 (With Attachments ) 3 , Federal Aviation Administration — Letter to W . Keith McCully , Indian River ' County , Dated June 15 , 2001 (With Attachment) 4 . Florida Department Of Transportation District Four General Use Permit ' 00010-3 EAST GIFFORD F:\Public Works\KeithM\Storrnmter Projects\(afford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract ' Documents\00010 - Table of Contents.doc ' Application — Permit Number 2002d490-0037 ' 5 . DEP Contract No . WM836 — Florida Department of Environmental Protection Agreement for the East Gifford Area Stormwater Improvement Project ' APPENDIX B — CHAPTER 4 " BEST MANAGEMENT PRACTICES FOR EROSION AND SEDIMENTATION CONTROL" OF THE FLORIDA EROSION AND SEDIMENT CONTROL INSPECTOR 'S MANUAL ' + + END OF TABLE OF CONTENTS + + 1 00010-4 EAST GIFFORD F:\Public Works\KeithM\Storm1Aeter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00010 - Table of Contents.doc 1 1 1 1 1 � BIDDING DOCUMENTS BOARD OF COUNTY COMMISSIONERS Public Works Department tStormwater Engineering Division 1840 25TH Street, Vero Beach, Florida 32960 Telephone: (561) 5674000 FAX (561) 9784806 ' IVE z ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS FOR ' EAST GIFFORD STORMWA TER IMPROVEMENTS INDIAN RIVER COUNTY PROJECT NO. 9219 ' INDIAN RIVER COUNTY BID NO. 5063 ADDENDUM ISSUED APRIL 23, 2003 ' TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements or the ' Contract Documents . Therefore , it hereby supercedes 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 . Item No. 1 — Replace Section 00610 , `Performance Bond " with revised Section ' 00610 , attached . Item No . 2 — Replace Section 00612 , "Payment Bond " with revised Section ' 00612 , attached . Item No . 3 — Replace Section 00622 , "Contractor' s Application for Payment" with ' revised Section 00622 , attached . Item No . 4 — Disregard Sheets MA M-2 , and M =3 of the Drawings . That work is not part of this Contract. Item No . 5 — The "Pipe Backfill Detail @ U . S . Hwy. No . 1 " on Sheet 8 of the ' Drawings shows a &inch thick layer of #5 D . O . T. rock on the trench bottom . To prevent the rock from serving as a channel or conduit for the flow of groundwater under the pipe , construct a dam using clayey-silty material across the trench ' Addendum No . 1 - I EAST GIFFORD FAPublic WorksWeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract DocumentsOdding & ' Contract DocumentsWddendum #001 .doc ' width for the height of the rock , at minimum 200-foot intervals alongthe trench . h . ' Item No. 6 — Revise paragraph SC-4 . 02 . D of the Supplementary Conditions to read : " Reports and drawings itemized in SC-4 . 02 . 0 are not included with the Bidding Documents . Copies may be examined at Indian River County Public ' Works , 1840 25th Street 4798 2. 4 Gil .84 , Vero Beach , Florida , during regular business hours . These reports are not part of the Contract Documents . " ' Item No . 7 — Clarification regarding the last date that written questions will be answered by the ENGINEER : In accordance with Article 7 — Interpretations and Addenda , written questions about the meaning or intent of the Bidding ' Documents must be received on or before April 28 , 2003 . This is different than the date given in the pre-bid conference . ' Items No. 8 . a through 8 . k, inclusive — The following information is provided in response to questions raised at the April 17 , 2003 Pre-Bid Conference : ' 8 . a . Question : The 324nch diameter casing pipe under the railroad crossing is an oddball size. Can another, more standardized casing pipe size be used? Answer: Per the Carter Associates , Inc . design engineer, a 32-inch diameter casing pipe is the minimum acceptable size . To avoid possible ' delays brought about by requesting F . E . C . Railroad approval of a larger casing size , the permitted 32-inch diameter casing pipe shall be used . ' 8 . b. Question: Does the paving detail that appears on Sheet 8 apply to driveways as well as roadways ? Answer: No . Refer to Section 02526 , paragraph 3 . 2 , "Sidewalk and ' Driveway Restoration . " 8 . c . Question : Does the pipe backrill detail on Sheet 8 apply to all pipe along ' U. S. No. 9 ? Answer: The answer given at the pre-bid conference was incorrect. Per the Carter Associates , Inc. design engineer, all pipe in U . S . No . 1 right-of- ' way does have to be installed per the " Pipe Backfill Detail @ U . S . Hwy. No . 1 " as shown on Sheet 8 . (This system will serve as an infiltration gallery to lower the groundwater table . ) ' 8 . d . Question : The plans show some structures sitting on top of existing water main. Will the water main need to be relocated ? ' Answer: Along U . S . Highway No . 1 , there are at least two drainage structures that are located over an existing 8-inch PVC water main . In these instances , remove the existing PVC water main from below the ' proposed drainage structure location and install a new 18400t or 2046ot section of ductile iron pipe water main . Place the ductile iron pipe so that the drainage structure is located over the center of the pipe ' s length . ' Addendum No. 1 - 2 EAST GIFFORD R\Public Works\KeithM\Stormwater Projects\Gftrd East\Construction Contract\Bidding & Contract Documents\Bidding & ' Contract Documents\Hddendum #001 .doc Provide a minimum of 18-inches clearance between the drainage structure bottom and the top of the pipe . If possible , deflect the pipe joints to ' provide the elevation transition between the remaining existing PVC pipe and the new ductile iron pipe . New PVC water main may be used to provide the transition required to maintain appropriate joint deflections . ' Otherwise , use 45-degree bends with appropriate joint restraint, to make the elevation transition . All work shall be per Indian River County Division of Utility Services ' specifications . The pay for this work shall be included ' with the other water main relocations that are shown on the Drawings , in Pay Item No . 5 . 02 . ' 8 .e. Question: Does the Railroad require special insurance ? Answer: Yes . Refer to paragraph 2 . 1 of Section 01040 , Appendix A, Section 00620 — Sample Certificate of Liability Insurance , and the various ' insurance requirement paragraphs in the Supplementary Conditions . 8 .f. Question : Will the railroad or County provide a flagman for the railroad ' bore and jack? Answer: Per Section 01040 , paragraph 2 . 1 .A, "at least five days before ' entering onto Railway property, schedule a Florida East Coast Railway Company, L . L. C . ( FEC ) flagman/watchman by calling Mr. Charles Stone of. the FEC Engineering Department at (904 ) 826-2369 . " The flagman will be t provided by the railroad , but the railroad will charge for the flagman 's services . This cost shall be included in the Contractor' s bid for the railroad bore and jack. ' 8 . g . Question: Where is the stockpile area ? Answer: Refer to Section 01543 paragraph 1 . 8 and Section 02220 ' paragraph 3 . 15 . 8 . (The stockpile area is located at the Indian River County Road and Bridge Complex at 455 41st Street. ) 8 . h . Question: Who will pile the material to be stockpiled, the Contractor or the County? Answer: Per Section 02220 paragraph 3 . 15 . 13 , " Indian River County will ' provide all labor, machinery, and equipment necessary to spread and pile the excess material at the stockpile site . 8 . 1 . Question: If rain forces work on weekends, will the Contractor have to pay ' . overtime for the County Inspector? Answer: Yes . Refer to paragraph SC-6 . 02 . 13 of the Supplementary ' Conditions . 8 .j . Question: Is the new tum lane at the Hess Station reflected on the ' Drawings ? ' Addendum No . - 1 3 EAST GIFFORD R\Public Works\KeithM\Stormwater Projects\Gifford East\ConstrucUon Contract\Bidding & Contract Documents\Bidding & ' Contract Documents\Addendum #001 .doc ' Answer: The tum lane was constructed after the Drawings were prepared . However, there will be no construction work for this project in the area of the new tum lane . 8 . k. Question: Is there a drawing that shows the location of a dewatering pit ? Answer: No . The location of a dewatering pit will be discussed with the Contractor at the pre-construction conference . ' Items No . 9 . a through 9 . d , inclusive — The following information is provided in response to a letter from Johnson - Davis , Inc . dated April 21 , 2003 : ' 9 . a . Question : Missing data for structures 19, 10, 12, 13, 20. Answer: These structures are not in the work area and therefore , will be unaffected by construction . ' 9 . b. Question: Sheet 7, overflow Structure #41B, requires flap gate description. Answer: The flap gate valve shown on Overflow Structure #41 B on Sheet 7 ' of the Drawings shall be a Waterman Model F- 10 Automatic Drainage Gate . It shall have stainless steel links , bolts , and bushings , bronze seating faces , and shall be galvanized per ASTM standards . ' 9 . c . Question: Sheet 8 i p pe backfill detail, ►s filter cloth continuous for the full length of the pipe run or only at joint, as pictured ? ' Answer: The filter cloth is continuous for the full length of the pipe where slotted ERCP is installed . For all other pipe , the filter cloth is required at ' all pipe joints as shown in the Filter Fabric Jacket detail . 9 . d . Question: Description of Item 6. 01 & 6. 02 imported Type 2 & Type 3 ' f►ll/backfill. Plan Sheet 8 indicates select rill and approved rill. Please describe each item and where located. Answer: With the exception of " Pipe Backfill Detail @ U . S . Hwy. No . V on ' Sheet 8 , refer to Section 02220 for all fill and backfill information and requirements . The technical specifications govern over the Drawings . The pipe covered by the "Pipe Backfill Detail @ U . S . Hwy. No . 1 " on Sheet ' 8 shall be constructed according to that detail . There is no specifically identified location where Bid Items 6 . 01 and 6 . 02 are required and they may or may not be required . Those Bid Items ' are included in order to establish a contract price in case they are required . ' + + END OF ADDENDUM NO . 1 + + ' Addendum No . 1 - 4 EAST GIFFORD F:\Public WorksWeithmstormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract DocumentsWddendum #001 .doc ' SECTION 00610 - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we as Principal (Contractor), (Insert name , principal business address , and telephone number of PrincipaMontractor) and 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 (Owner) , 1840 , 25th Street, Vero Beach , Florida 32960 , (772-567- 8000 ) , in the sum of Dollars ($ ) amounting to 125 % of the total bid price . For the payment of said sum we bind ourselves , our heirs , executors , administrators and assigns , jointly and severally, for the faithful performance of a certain ' written Contract , dated the day of 1, 20 entered into between the Principal and the County of Indian River, for: ' Bond Number: Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 ' Project Address : The project is located south of 43rd Street, north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District. ' Project Description : The Contractor shall construct a stormmter collection , conveyance , and detention system (6 ± acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track . It shall also construct a stormwater collection and conveyance system in the western right-of-way of U . S . Highway No . 1 . Stormwater runoff will drain into concrete drainage structures and it Wil be conveyed by concrete pipe . The Work also includes a bore and jack ' underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation .' Authority. Other permitting authorities include St.Johns River Water Management District and the Florida Department of Transportation . A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied herein . ' 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610 - 1 F:\Public Works\KeithM\Stormmeter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc i iFlorida Statutes Section 255 . 05 (2002) , as amended from time to time , togetherwith all notice and time provisions contained therein , is incorporated herein in its entiretyby this reference . ' 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 i directly or indirectly by the Principal in the prosecution of the Work provided for in said Contract, then this obligation shall be null and void ; otherwise , the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian ' River may be obliged to pay for the completion of said Work, by contract or otherwise , and any damages , whether direct, indirect, or consequential , including reasonable attorney's fees (including appellate proceedings ) , which the County of Indian River may incur as a result of the failure of the Principal to 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 , including reasonable attorney fees (including appellate proceedings ) which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason ' of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same , or his agents or his servants , or the infringements of any patent rights by reason of the use of any material furnished or work done , as aforesaid or otherwise . ' Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . i Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond . AND , the said Surety, for value received , hereby stipulates and agrees that no change , extension of time , increase in the Contract price , 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 Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide , General Policy Holder's Rating of "A" and Financial Size Category of Class 'X , i 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. ' 4/11 /03 PERFORMANCE BOND — ADDENDUM #1 00610-2 F:\Public Works\KeithM\Stormmeter Projects\Efford East\Construction Contract\Bidding & Contract Docu ments\Bid ding & Contract Documents\00610 - Perbrmance Bond - ADDENDUM #1 . doc AND the Surety shall issue a consent of payment to each of the Principal 's pay requests . ' AND , in the event of a default by the Principal , the Surety consents that the Principal shall not be allowed to perform further work on the Project. AND , the Surety agrees that it is responsible for all delay damages resulting from the Principal 's performance on the Contract . ' IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned ' representative, pursuant to authorityof its governing body. WHEN THE PRINCIPAL IS AN INDIVIDUAL : Signed , sealed , and delivered in the presence of Witness Signature of Individual ' Address Printed Namef o Individual ' Witness Address ' [The remainder of this page was left blank intentionally] 4/ 11 /03 PERFORMANCE BOND — ADDENDUM #1 00610-3 F:\Public Works\KeithM\Stormmter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc WHEN THE PRINCIPAL ISA SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE ' NAME : Signed , sealed and delivered in the presence of: Witness Name of Entity BY: Address Principal ' Printed Name of Principal Witness ( SEAL) Address 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 i ( SEAL) Address [The remainder of this page was left blank intentionally] ' 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610-4 F:\Pubiic Works\KeithM\Stormvater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc WHEN THE PRINCIPAL IS A CORPORATION , Attest: ' Secretary Name of Corporation BY: (Afix Corporate SEAL) ' Printed Name rOfficial Title CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his signature , and his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) ' TO BE EXECUTED BY CORPORATE SURETY: ' Attest: Secretary Corporate Surety i Business Address ' BY: ' (Affix Corporate SEAL) Attorney- In= Fact ' 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610-5 F:\Public Works\KeithM\Stormweter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Perbrmance Bond - ADDENDUM #1 .doc i Name of Local Agency Business Address ' STATE OF FLORIDA COUNTY OF INDIAN RIVER ' Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared to me well known , who being by me first duly sworn upon oath , says that he is the attorney in -fact for the and that he has been authorized by 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 day of , 20 Notary Public, State of Florida My Commission Expires. ' Any claims under this bond shall be addressed to : Name and address of Surety: 1 Name and address of agent or representative in Florida if different from above : Telephone number of Surety and agent or representative in Florida : ' * * END OF BOND * * ' 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610-6 F:\Public Works\KeithM\Stormmeter Projects\Efford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc i 1 Note : This Bond shall be recorded by the Principal in the Public Records of Indian River County, ' Florida . A certified copy of the recorded Bond must be provided to Indian River County before a Notice4o- Proceed will be issued for the Project. ' * * END OF SECTION 1 1 ' 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610-7 F:\Public WorksWeithWStormweter Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond " ADDENDUM #1 .doc ' SECTION 00612 = PAYMENT BOND ' KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we as Principal (Contractor) , ' ( Insert name , principal business address , and telephone number of Principal/Contractor) and 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 (Owner) , Florida , 1840 , 25th Street , Vero Beach , Florida 32960 , (772-567-8000 ) , ' in the sum of Dollars ($ ) , 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 day of , 20 , entered into between ' the Principal and the Countyof Indian River, for: Bond Number: ' Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43`d Street , north of South Gifford ' Road (41st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District , Project Description : The Contractor shall construct a storm%eter collection , ' conveyance , and detention system (6 + acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track. It shall also construct a stormwater collection and conveyance system in the western right-of-way of U . S . Highway No . 1 . Stormwater runoff ' will drain into concrete drainage structures and it wll be conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department ' of Transportation . 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 ' 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612A R\Public Works\KeithM\Storrnmter Projects\Efford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc 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 directlyor indirectly by Principal in the prosecution of the Work provided for in the Contract. 2 , Florida Statutes Section 255 . 05 (2002 ) , as amended tom 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 change , extension of time , increase in Contract price , alteration of or addition to the terms of the Contract or to the Work to be performed thereunder or to the Drawings or 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 or to the Drawings . ' The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide , General Policyholder's rating of "A" and Financial Size Category of Class 'X . ' The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. ' The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses , damages , expenses , costs , and attorney's fees , including appellate proceedings , that the County of ' Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this day of , 20_, 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. ' [The remainder of this page was left blank intentionally] ' 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-2 R Public Works\KeithM\Stormmter Projects\afford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 . doc 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 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAMES Signed , sealed and delivered in the presence of ' Witness Name of Entity ' Address BY: Principal Printed Name of Principal ' Witness ( SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : ' Signed , sealed and delivered in the presence of Witness Name of Partnership ' BY: Address Partner ' 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-3 F:\Public Works\KeithM\Stormweter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc t Printed Name of Partner ' Witness (SEAL) Address WHEN THE PRINCIPAL IS A CORPORATION , Attest: Secretary Name of Corporation ' BY: ' (Afix Corporate SEAL) Printed Name Official Title ' CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his signature , and ' his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. ' Secretary ( SEAL) [The remainder of this page was left blank intentionally] 4/09/03 PAYMENT BOND — ADDENDUM #1 006124 R\Public Works\KeithM\Stormmter Projects\Cfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc TO BE EXECUTED BY CORPORATE SURETY: ' Attest : ' Secretary Corporate Surety Business Address BY: ' (Afix Corporate SEAL) Attorney- In- Fact ' Name of Local Agency ' Business Address STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in -fact for the and that he has been authorized by 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 day of , 20 ' Notary Public, State of Florida My Commission Expires : ' [The remainder of this page was left blank intentionally] 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-5 R Public WorksWeithWStorm ester Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc 1 Any claims under this bond shall be addressed to : rName and address of Surety. Name and address of agent ' or representative in Florida if different from above : ' Telephone number of Surety and _ agent or representative in Florida : * * END OF BOND Note : This Bond shall be recorded by the Principal in the Public Records of Indian River County, Florida . A certified copy of the recorded Bond must be provided to Indian River County before a Notice-to-Proceed will be issued for the Project. * * END OF SECTION ' 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-6 F:\Public Works\KeithM\Storrnmter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc SECTION 00622 - CONTRACTOR' S APPLICATION FOR PAYMENT Application for Payment No , For Work Accomplished through the period of through To : Indian River CountyOWNER (OWNER) From : (CONTRACTOR) Contract: EAST GIFFORD STORMWATER IMPROVEMENTS OWNER's Contract No , 9219 ENGINEER's Contract No . 9219 ENGINEER : Indian River County Public Work's Department ' ENGINEER's CONSULTANT : Carter Associates , Inc. 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or 2 . a Change Order No . 1 $ 2 . b Change Order No . 2 $ ' 2 . c Change Order No . 3 $ 2 . d Change Order No . 4 $ 2 . e Total change in Contract Price (2 . a + 2 . b + . . . + 2 . d ) $ 3 . Current Contract Price ( 1 plus 2e ) : $ 4 . Total Work to date : 4 . a Percentage of Work completed to date : 4 . b Total Work completed to date : $ 4 . c Total equipment and material stored to date : $ ( 1 ) 4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $ 5 . Retainage ( per Agreement) : 5 . a 10 % of completed Work (0 . 10 x 4 . b) : $ 5 . b 20 % of stored equipment and material (0 .20 x 4 . c) : 5 . c Total Retainage (5 . a plus 5 . b ) : $ ' 6 . Total Work completed and stored to date less retainage (4 . d minus 5 . c) : $ 7 . Previous Payments : $ ' 8 . AMOUNT DUE THIS APPLICATION 6 MINUS 7) : $ ( 1 ) Attach detailed schedule and copies of all paid invoices . CONTRACTOR 'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) ' the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers ' except as listed below; (2 ) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and (4 ) If this Periodic Estimate is for a Final Payment to 00622 - Contractor's Application for Payment ADDENDUM #1 — ADDENDUM #1 00622 - 1 F:\Public Works\KeIthMlStomHvater Projects\Gifford Eest\ConsWction Contractl8idding & Contract Documents\Bldding & Contrail Documents\00622 - Contractors Application for Payment ADDENDUM #1 .doc Rev. 05/01 the project or improvement , I further certify that all persons doing work upon or ' furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act, as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated By: ( CONTRACTOR) STATE OF FLORIDA COUNTY OF INDIAN RIVER rBefore me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; the he/she executed the above Application for Payment and statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of 920 Notary Public , State of Florida ' My Commission Expires : Accompanying Documentation . NOTICE OF NON-PAYMENT. If one or more "Notice of Non-Payment " or "Notice to Owner" is received by the OWNER, no further payments will be approved until non - ' payment(s) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with ' consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non-Payment" or "Notice to Owner. " SURETY' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety, f a corporation , in accordance with Performance Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR' s APPLICATION FOR PAYMENT . 00622 - Contractor's Application for Payment ADDENDUM #1 — ADDENDUM #1 00622 - 2 F:1Publlc Works\KetthM\Storrtnvater Projects\Gifford East\ConsWction ContracflBldding & Contract Documents\Bidding & Contract Documents\00622 - Contredor's Application for Payment ADDENDUM #t .doc Rev. 05/05 r ' TO BE EXECUTED BY CORPORATE SURETY : Attest: :. . r 4= Secretary Corporate Surety 1 r Business Address ' BY : Print Name : Title : rSTATE OF FLORIDA (Affix Corporate SEAL ) COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he is the for and that he has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment. Subscribed and sworn to before me this day of 2p rNotary Public , State of Florida My Commission Expires : [The Remainder of This Page Was Left Blank Intentionally] r r 1 r r 00622 - Contractor's Application for Payment ADDENDUM #1 — ADDENDUM #1 00622 - 3 F:\Public WorksWeithWstonnwater Projects\Gifford ESSAConstruction Contract\Bidding & Contract Documents\aldding & Contract Documents\00622 - Contractors Application for Payment ADDENDUM #1 .doc Rev. 05/01 • • . a M • 0 a Unit • / " / • QuantityAmount • DESCRIPTIONPrice wValues Completed • / Completed- Amount GENERAL ITEMSt a � ;t 'x�'9u m e • Stored : ,. x` :C:. f%*.sn4"� �r " awm' ..s_ "....Y z_^K. 1uC> 3 te7.. c s t s s y f y :;� ydr "', .4 , Mobilization/Demobilization In1 Maintenance of Traffic in llff'M� Project Record Documents in �ffPerformance Bond In ' Payment Bond MKINNISurvey Work • / • 1 - NORx �* n `r �*-A -> 1Atts� ,'�" ' .�' -12 ���`� Workers Compensation and Employerst ' Liability Insurance ®T 'v .,..,sn_..._ "1cSkkd.�a. .^r. .�<� vx^a�,_c.y..k.,,��r �-�.d'ivd�£::s.s:r`;:<..:.,exm,.+, >rYfdm. ° 4rv r>.as,....�x,.e;''�� X':'k.x.<�r:�?d„rfEs LL,.�.u„,r. . k�we„,'�.y.',,s;S'nT+r,��,2,vrx�s"F•...<gh�.!u`�`trr,�,.__7<;s'a,�,,��ai.,.1.,�'��^r,>�,.fx�t �L�?""ry,,"rytP;,Y,,s..E., p �ee..k,�.xy?i�y-'t,y:�',.,aF"<E;.:rrlt:;'i;,4 t✓ wa si.E��g¢v. r�.3.".r�c n., P"�5�n'+�'t`7Y�rcp"mTa�T2',3'ex�`y. «.'^^a_w#�^mJa*"."S�i''4f a+',-^�s-t=,�o':;X���a �e``...��. E�Y'~sy$TFa'd�.ks5sr_`_ws.f f:.i:,+z�"..;�+�.,..jN.,s.', fa�'3a35 �.r,f�rxcX�d�r'nn'`+�jsu-.•�Eu�-a4�..;i.�s it°Cn�,�.P`u.st<�° ,. >Y.,,✓aA,''.r9fir iaY-Ysstf,zc^fd`�"-"�++wIro6�s�-fi':-::,r::."a�",W'p*9'- 5-=a v�y"y.y`$�.yCbpF_, :mx`--.4'n�£A"�"�ec.,'.me..:• `�:'`g»e .<.L..a..�, T.bt '. ;sEa ms> . EARTHWORK 17,11' ' 0 &M M Prevention , • Control andAbatement • ¢ -.c;j... 'lz/ WaterPollution • _ � Erosion Construction • the Contractor's TA Ka $ r 3be � S 5 � g ft ka s d Y ,w 1abrs � :. we. : , "t: to Activities W NT Maintenance Clearinq and Grubbing Grading Swales ISTOMDriveway Reconstruction 1 • . . . . —® �—. — • a k=01 . • • 1 : • 91j17ew1(w*dFsT*TaT# • . 111 • i i . - • • , 11 . OFAMR Mot FRrOT"I • • ffiPIMM15730 � � � • • 11 . Unit • • • 11 • • • . • • Price Values Completed Amoun t : z • Specifications • 3�•i �..,.,:v• , a. .a1315 " ` F MNI ,ow � Em ® STRILICTURES -� v -gs3 ' & 5 u . a( ce* :,:. ^a §�h.&. 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Fla_ {,S a �.. � �:.� Ell ell - 1 - � +, x ; ,,,• ry i E� �' �. �,'`�2w. x{ i f f � a i S 1 ,z F 5 ,�,k i j : .a s �r 5 ui I ��{5�.. 3i' F a 'a � a€' .;5.: a .` • #' � W N # � � si m J' 5' y ` � 4 :' � ' 1� z f h w w4z t '� r�•�a#3 �' E# 'd�tix "'Et,t 7, u?Smell (°x x 3 'r:. 'f it z 4a °�y+ ?u '•}I l .( .=,�. • I a,:,'aG cs.< F i. ru, s wry�E3 i-, ; aM s �.t.- x 3 # E ` '" x 'IF isE>r f e ¢ ;3 h r1 a e 6.Emae E ` ' ,.i 'x - ' •' a , , ,,,' >ki E `. # s� Fk i :4 .v x, f.;... �"e4 `;: r' ca , few] 91 11�1 S,. �YF ✓ r {, a F q .. "E Eki YAC xx s.�d3 : :' + .'" 'C .v.i. :s . F L4. •£ .r ,{4-9i 'x 3 '{:te 4 ."-aEFS iri'+;. dxs4hg ., s .,, ,: .�, E , .. ,•z.'.s,.. asez.z t • E:«nL 55�aam�f# ..a.'fa'# s., / 1 • BOARD OF COUNTY COMMISSIONERS Public Works Department Stormwater Engineering Division 9840 25TH Street, Vero Beach, Florida 32960 Telephone: (569) 5674000 FAX: (569) 9784806 � gIVEh► 4 � LORD I ADDENDUM NO. 2 TO THE CONTRACT DOCUMENTS FOR. EAST GIFFORD STORMWATER IMPROVEMENTS INDIAN RIVER COUNTY PROJECT NO. 9219 INDIAN RIVER COUNTY BID NO. 5065 ADDENDUM ISSUED APRIL30, 2003 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct , or change the Bidding Requirements or the Contract Documents . Therefore , it hereby supercedes 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 , Item No. 1 — The following information is provided in response to an April 23 , 2003 question from Jobear/Warden Construction . Question: Is there any specification on the video requirements ? Can the video replace the photos ? Answer: No videos are required for this project. Videos may not replace the photographs specified in Section 01380 . ' Item No . 2 — The correct Bid Number for this project is 5065 . Items No . 3 . a through 3 . d , inclusive — The following information is provided in ' response to questions raised by Jobear/Warden Construction on April 28 , 2003 : 3 . a. Question: I was unable to find aline item for the Type "E" inlets with storm ' manhole tops. Answer: There are five (5 ) of these inlets and the Bid Form has been revised to include them separate from the standard Type " E " inlets . Addendum No . 2 - 1 EAST GIFFORD FAPublic WorksWeithMlStormwater Projects\Gifford EashConstruction ContrachBidding & Contract Documents\Bidding & Contract DocumentsWddendum #002.doc 3 . b . Question: The bid form, item 4. 10 shows 112 ' of 15" R. C. P. l was unable ' to find any 15" R. C. P. on the plans. Could you please confirm if there is 15" R. C. P. Answer: The 15" R . C . P . is located on the north side of 42nd Street, ' between CB #42A and CB #42B , on Sheet 5 . 3 . c. Question : l have come up with different quantities for the 24 " R. C. P. and the 30" R. C. P. My quantity for the 24 " is 662 LF — and my quantity for the 30" R. C. P. is 574 LF. Could you please verify, do you want to change ' quantities or forbidding purposes just bid the bid form quantities ? Answer: Our check of these quantities yielded even different numbers . Use the quantities showing on the revised Bid Form . The Contractor will be paid for the actual quantities installed . 3 . d . Question: The bid form does not show any 30" CMP. There is 20 ' at the outfall pipe in the [north] end of the pond. Answer: The bid form has been revised to show the 30 " A. C . C . M . P . Item No . 4 - The Bid Form has been revised . Use the attached form titled "SECTION 00310 — BID FORM — REVISED APRIL 29 , 2003 , " Item No . 5 — The Contractor's Application for Payment has been revised . Use the attached form titled "SECTION 00622 — CONTRACTOR' S APPLICATION FOR PAYMENT REVISED APRIL 29 , 2003 . " rItem No . 6 — Section 01025 has been revised . Use the attached Section titled "SECTION 01025 as MEASUREMENT AND PAYMENT — REVISED APRIL 29 , ' 2003 . " Item No . 7 — Miscellaneous Equipment. Purchase the following and deliver to the Indian River County Public Works Department, attention "Stormwater Engineering , " before construction operations begin . The cost of these items shall be included in Bid Item No . 5 . 08 — Miscellaneous Equipment, in the revised Bid ' Form . a . YSI 85 Salinity/Conductivity/Dissolved Oxygen/Temperature Meter. ' Include a carrying case for 10 ' and 25' Models and 10 ' cable. (One supplier is Forestry Supplies , Inc . Catalog 54 #76288 for YSI 85 with 10 ' cable and #76233 for carrying case . Telephone 1 -800-647=5368 . ) b . Oakton Acorn Series pH 5 Meter. One supplier is ( pp Forestry Supplies , Inc . Catalog 54 #76050 . Telephone 1 =800-647-5368 . ) c. WaterMark Bottom Aquatic Kick Net — 10" x " q 18 stainless steel rectangular frame ; detachable , 60 " aluminum handle with stainless steel threaded Addendum No . 2 - 2 EAST GIFFORD ' FAPublic WorksWeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\Addendum #002.doc attachments, and " a 10 deep reinforced 500 micron Nitrex nylon net . (One supplier is Forestry Supplies , Inc . Catalog 54 #77921 . Telephone 1 =800- 647-5368 . ) d . Marsh-McBimey, Inc. Flo-Mate Model 2000= 11 battery powered velocity ' meter. (Telephone 1 =800-368-2723 . ) e . Sony Model CD Mavica MVC-CD350 digital camera with carrying case . Item No . 8 — On Sheets 3 and 4 of the Drawings , the location of the proposed stormwater pipe and one or more drainage structures appears to be in conflict with the location of existing wood power poles and/or service poles . Rather than relocate the utility poles , we will field locate the drainage structures and pipe to avoid the poles to the best extent practicable , realizing that there is also a nearby 8-inch diameter PVC potable water main to contend with . The cost of working in ' the vicinity of existing utilities and protecting all existing utilities shall be included in the unit price of the pipe . Item No . 9 — Disregard Item No . 5 in Addendum No . 1 . The " Pipe Backfill Detail @ U . S . Hwy. No . 1 " on Sheet 8 of the Drawings shall be deleted and replaced with the attached detail , titled " Pipe Backfill Detail @ U . S . Hwy. No . 1 — Revised April 30 , 2003 . " The cost for all rock, sand , filter cloth , etc. shown in this revised detail shall be included in the unit price for the slotted ERCP . Item No . 10 — Note that there is a City of Vero Beach GIS monument ( Hade GPS ( 1009 ) Azimuth Monument) along 41st Street near the railroad right-of-way that may be destroyed or damaged by construction . This monument was flagged on April 29 , 2003 by Indian River County surveyors , but the County does not guarantee that the flags will remain until construction activities begin . The Contractor is responsible for replacing this survey monument and all other survey monuments or benchmarks that are destroyed or damaged as a result of its construction activities . Refer to Section 01050 , paragraph 1 . 3 . 13 . ' + + END OF ADDENDUM NO . 2 + + Addendum No . 2 - 3 EAST GIFFORD ' F:\Public WorksWeithM\Stormwater Projects\Gifford East\Construction ContractOdding & Contract Documents\Bidding & Contract Documents\Addendum #002.doc 1 TTEM No a Y w RAP ROCX -fir OF Pipe =MP ,- eL`f � Uu �TE-t � Et.�EiZ CEAT�-� AS Sf�wN . jy1�b0.1tt' E ClEAm � ' I�otNtauM. ovERC�?. J j `� 4` t� i ' S ri • To{� brz Rack Iwo $e PASSING &"f AAUNIMUAA6 AVE 'COP of zoo S1Eve CJ= Se or ` • • l yf • • •' • • l • \ •• • • ��` Moo � OYERlLper a 0 , . • � a s 0 as • • • • , 1 boo 0 ea SLOT & 40� 10 a 1 cwt PIPE 06be l j &*r�Ee CLOTH ( loaf. PAS-Suva 1i10- : BAc<T: ' L \mrrH AePP'RcvEb FILL AS S 44ow N . cca /vcT ZeQW74, EU bGt4S (1"%af IN M"' °LI FTS. LwtER QNPXViM RON> & 1 A14ti SHOuLmEak.Sy PRoV M�E Q $ ego cc�µd;:,PA%cn0 " % Y wAEckA*%, CALL TA. nPER, (ALso - Fort PAvCb AeAS) . Ftp, aj..L syTtJ�SP, uN'fr'k.\jEb POPE E I ACK IFI LL s „S . H Y* Ilio . yx -,, J GIJ -1 SECTION 00310 - BID FORM - REVISED APRIL 29 2003 ' PROJECT IDENTIFICATION : Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS ' County Project Number 9219 Project Address : The project is located south of 43`d Street, north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian ' River Farms Water Control District, Project Description : The Contractor shall construct a stormwater collection , conveyance , and detention system (6 ± acre wet pond ) in a poorly ' drained area west of the Florida East Coast Railroad track. It shall also construct a stormwater collection and conveyance system in the western right-of-way of U . S . Highway No . 1 . Stormwater runoff will drain into concrete drainage structures and it will be ' conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . THIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 2625 19TH AVENUE VERO BEACH , FLORIDA 32960 1 . 01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work ' as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with all other terms and conditions of the Bidding Documents , 2 .01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. ' 3. 01 In submitting this Bid , Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . Addendum Date Addendum Number ' B. Bidder has visited the Site and become familiar with and is satisfied as to theg eneral local and Site conditions that may affect cost, progress , and performance of the Work. ' C. Bidder is familiar with and is satisfied as to all federal , state and local Laws and 00310 - 1 00310 - Bid Form - Addendum #2 F:\Public Works\Ke MKStomnvater Projects\GiBord Fast\Construction Contrad\Bidding & Contract Documents\Bidding & Contract Documents\00310 • Bid Form • Addendum #2.doc Rev. 05101 Regulations that may affect cost, progress and performance of the Work. D . Bidder has carefully studied all : ( 1 ) reports of explorations and tests of subsurface ' conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous ' Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . ' E . Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations , explorations, tests , studies and data concerning conditions (surface , subsurface and Underground Facilities) at or contiguous ' to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences , and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences , ' and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations , investigations , explorations , tests , ' studies , or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents . ' G . Bidder is aware of the general nature of work to be the Site that relates to the Work as indicated in the Bidding Documents ,ed by H . and others at ' H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and ' all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents , I . 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 for which this Bid is submitted . ' 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association , organization or corporation ; Bidder has not ' directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over ' OWNER. [The remainder of page intentionally left blank] 00310 - 2 00310 - Bid Form - Addendum #2 F:\Public WorkstKelthRAStomnvater Projects\Gifford EashConsWction ContracttBidding & Contract DocumentslBidding & Contract Docurnentst00310 - Bid Form - Addendum #2.doc Rev. 05/01 EAST • STORMWATER IMPROVEMENTS BID TABULATION • _ ® DESCRIPTIONTOTAL • PRICE AMOUNT ® GENERAL Mobilization/Demobilization• • • • • , ' Maintenance of Traffic ®- w MIA • Survev 1 • •1091 M1 0 00 Wet ®-_- re r* = 1 i ' Workers Compensation • • • Insuranceyerst WE ;. = � .: �� � ,c r "r� ' Fr�fy� T ` tr.��':, Sr g�' ir�* �, ® y SA rTy EARTHWORK Prevention , Control �y Pollutionand Abatement of Erosion and Water Construction theContractors Activities G f5 eff" ma - ' Installation Ka Maintenance Demolitions ! Clearin and Grubbina OWN ® 4 :, Stormwater Pond • • , estimates stormwater pond I vation is 600 • • • - • • place volume ) CIO f 51 • _ • MOMM ®- EAST GIFFORD • _ IMPROVEMENTS TABULATIONBID • . 'Continu : . ® • • TOTAL • :TypeM10 ra Moore AMOUNT ' Conflict Manhole "E " Inlet with 2 ' diameter manhole 0Ss, e � I 1I � I • • • 1 • 1 ®- • I 1 I E . R . C . P . ®- I I 1 • I A. C . C . M . P . • • I iRailr I • . • Crossing Steel Carrier Pipe & Steel Casing Pipe , • Mitered • ®- I I including I Pipe ® I E . R . C . P . - • • including 6 ' _ ipe I - • • Mitered - • • • •7 ' Pipe ®- Trench -Safety System 30 " . 1 OWN 14 ilk ONE ® • - - ®- 11 1 - • • t • 1 4 a PRICESITIONAL UNIT �g ! Imported "Type 2 " Fill/Backfill • 1irimplace • compacted Imported • - 3 " Fill/Backfill _ in�place and compacted Excavation • Unsuitable Material I epe " ' _ _ • 1 • • • in Paragraphof • � s � E 02220Trench Sheeting left in place at the E� uhf h Engineers directions F+ ai h 4:h�' N ✓ • 1Sodding m St . Augustine "Bifti • 1 • : SeedandMulchWEFTgin If a' tt Eh x n >f h c o can N � ' 11 sd .� '� r� �3 - K&R '+SF' FEhiL' 3F-m `�'£SEVBW' La ts Sts3 =- ALTERNATIVE 1 ITEMS CONTRACTOR to Dispose e Topsoil and Excess Excavated Material ktr t a � 1 • Sit - �E i3 � E EE E� � 3E7 ,+ ,t3zE . EE 3 E I 3 ® D _ - - - • Item 2 . 09 ®� ' Dispose Topsoil • Excess 1Excavated Material at a site selected by Ithe CONTRACTOR- . • - w �Jv ' �, q m4"?� l Eu., yS' � .,.. '�,% Tn�-- a 1Is" ' I ; TOTAL FA f51% Excess Topsoil and Excess Excavated fff", WE z _ h Material at the County 5tockpile Sfte ; Provide - • • - to spread and excavatedstockpile excess topsoil and excess material at _ Indian River County disposal Selectively clear and grub (per Section 02050 ) th - Edward Berndt • • • - immediately west of the proposed • ermi s , • • osal , etc. RMSH,a E1 r' , .. z � st5�r r < , `fps E P«�`' R £2'{ s'^"N Il a ££. e. ^�" ac , .,u' ;,. .�'4 �'� ni 6 "' ��:' �y � , 3 11 1 5201 Bidder shall complete the Work in accordance 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 will be resolved in favor of the correct ' sum . Discrepancies between words and figures will be resolved in favor of the words . Be The OWNER reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the ' Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . ' C . Bidder acknowledges that estimated quantities are not guaranteed , and 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 . 6 of the General Conditions (and Supplementary Conditions if applicable). ' E . If Bidder believes that the cost of any item of the Work has not been established by the Bid Form , then Bidder shall include that cost in some other applicable bid item , so that Bidder's proposal for the project reflects Bidder's total price for completing the Work in ' its entirety. 6 .01 Bidder agrees that the Work will be completed and ready for final payment in ' accordance with paragraph 14. 07. 6 of the General Conditions (and Supplementary Conditions if applicable) 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 Be Section 00450 - Swom Statement Under Section 287. 133 , Florida Statutes , on ' Public Entity Crimes ; C. Section 00452 - Sworn Statement under Section 105 . 08 , Indian River County ' Code, on Disclosure of Relationships ; D . Section 00454 - Sworn Statement Under the Florida Trench Safety Act; ' E. Section 00456 - General Information Required of Bidders ; ' F. Section 00458 - List of Subcontractors ; and G . (List other documents as pertinent). ' 00310 - 6 00310 - Bid Form - Addendum #2 F:1Public WorksWeithMlStorrnwater Projects\Gilford Fast\Construction ContradtBidding & Contract DocumentsOdding & Contract Documents\00310 - Bid Form . Addendum #2.doc Rev. 05/01 1 8 .01 The terms used in this Bid with initial capital letters have the meanings indicated in ' the Instructions to Bidders , the General Conditions , and the Supplementary Conditions , 9 . 01 By signing this form , Bidder acknowledges that it has read and understood all information contained herein . SUBMITTED on , 20_ ' State Contractor License No. If Bidder is : ' An Individual : Name (typed or printed): By. (SEAL) ' (Individual's signature) Doing business as : Business address : ' Phone No . : FAX No. : A Partnership , Partnership Name : (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed) : Business address: ' Phone No . : FAX No. : ' [The remainder of this page was left blank intentionally] 1 ' 00310 - 7 00310 - Bid Form - Addendum #E2 FAPublic Works\KeithRAStormwaler Projects\Gifford East\Construcdon Contract\Bidding & Contract Documents\Bidding & Contract Documents00310 - Bid Form - Addendum #2.doc Rev. 05101 ' A Corporation : Corporation Name : (SEAL) ' State of Incorporation : Type (General Business , Professional , Service , Limited Liability) : By: ' (Signature — attach evidence of authority to sign) Name (typed or printed ) : ' Title : ' Attest (Signature of Corporate Secretary) (CORPORATE SEAL) ' Business address : Phone No . : FAX No. : Date of Qualification to do business is A Joint Venture : Joint Venture Name : (SEAL) By: ' (Signature of joint venture partner — attach evidence of authority to sign) Name (typed or printed ): Title: ' Business address : Phone No. : FAX No. : ' Joint Venture Name: (SEAL) 1 By. (Signature — attach evidence of authority to sign) ' Name (typed or printed ) : Title : ' Business address : ' Phone No . : FAX No. : ' 00310 - Bid Form - Addendum #2 00310 - 8 F:\Public WorksWelthM\stonrnvater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding B Contract Documents\00310 - Bid Form - Addendum #2.doc Rev. 05/01 Phone and FAX Number, and Address for receipt of official communications : (Each joint venturor must sign . The manner of signing for each individual , partnership , and ' corporation that is a party to the joint venture should be in the manner indicated above . ) * * END OF SECTION i 1 1 1 1 1 1 1 1 1 1 1 1 00310 - 9 00310 - Bid Form - Addendum #2 F. Public WorksWeithM\Stormwater Projects\Gifford FashConstruction Contrad\Bidding & Contract Documents\Bidding & Contract Documents\00310 - Bid Form - Addendum #2.doc Rev. 05/01 ' SECTION 00622 - CONTRACTOR' S APPLICATION FOR PAYMENT REVISED APRIL 29 . 2003 ' Application for Payment No . For Work Accomplished through the period of through ' To: Indian River County (OWNER) From : (CONTRACTOR) Contract: EAST GIFFORD STORMWATER IMPROVEMENTS OWNER's Contract No. 9219 ENGINEER's Contract No . 9219 ENGINEER: Indian River County Public Work's Department ENGINEER's CONSULTANT: Carter Associates , Inc. ' 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or 2 . a Change Order No. 1 $ 2 . b Change Order No . 2 $ 2 . c Change Order No . 3 $ ' 2 . d Change Order No . 4 $ 2 . e Total change in Contract Price (2 . a + 2 . b + . . . + 2 . d ) $ 3 . Current Contract Price ( 1 plus 2e ) : $ 4 . Total Work to date : ' 4 . a Percentage of Work completed to date : 4 . b Total Work completed to date : $ 4 . c Total equipment and material stored to date : t $ ( 1 ) 4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $ 5 . Retainage (per Agreement) : ' 5 . a 10 % of completed Work (0 . 10 x 4 . b) : 5 . b 20% of stored equipment and material (0 . 20 x 4 . c) : 5 . c Total Retainage (5 . a plus 5 . b ) : $ 6 . Total Work completed and stored to date less retainage ' (4 .d minus 5 . c) : $ 7. Previous Payments : $ 8 . AMOUNT DUE THIS APPLICATION 6 MINUS 7) : $ ' (1 ) Attach detailed schedule and copies of all paid invoices . CONTRACTOR'S CERTIFICATION : ' UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the ' construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed below; (2 ) title of all Work, materials and equipment incorporated in ' said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER ' indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract 00622 = Contractor's Application for Payment ADDENDUM #2 — ADDENDUM #1 00622 - 1 F:\Public WoftWeithM\stommater ProjeetsO ford EashConstruction ContrachBidding & Contract Documents\Bidding & Contract Document5\00622 - Contractor's Application for Payment ADDENDUM #2.doc Rev. 05/01 ' Documents and not defective ; and (4 ) If this Periodic Estimate is for a Final Payment to the project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing ' contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated Bye Y (CONTRACTOR) STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally 1 appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; the he/she executed the above Application for Payment and statement on behalf of said ' CONTRACTOR ; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of , 20_ ' Notary Public , State of Florida My Commission Expires : Accompanying Documentation : NOTICE OF NON-PAYMENT, if one or more "Notice of Non-Payment" or "Notice to Owner" is received by the OWNER, no further payments will be approved until non- payments) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive ' payment for work for which there is an outstanding "Notice of Non-Payment' or "Notice to Owner. " SURETY' S CONSENT OF PAYMENT TO CONTRACTOR : ' The Surety, ' a corporation , in accordance with Performance Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified ' 00622 - Contractor's Application for Payment ADDENDUM #2 — ADDENDUM #1 00622 - 2 F:\Public WorksWeithwOommater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00622 - Contractors Application for Payment ADDENDUM #2.doc Rev. 05101 in this CONTRACTOR 9s APPLICATION FOR PAYMENT, TO BE EXECUTED BY CORPORATE SURETY: Attest: ' Secretary Corporate Surety ' Business Address BY: Print Name : Title : STATE OF FLORIDA (Affix Corporate SEAL ) COUNTY OF INDIAN RIVER ' Before me a Notary Public, duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he is the for and that he has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment . Subscribed and sworn to before me this day of 20 Notary Public, State of Florida My Commission Expires : [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment ADDENDUM #2 — ADDENDUM #1 00622 - 3 Fe.ftblic WorksWetthMlStonnWater Projects\Glfford East\Construction ContractSidding & Contract Documents\Bidding & Contract Documentst00622 - Contractors Application for Payment ADDENDUM #2.doc Rev. 05/01 • EstimatedUnit • . QuAmount DESCRIPTION M� antity • • " • rice Quantity Values Completed completeMS • . nd Completed GENERAL ITE Amtg �u fyy Stored -w:ria a• Maintenance of I be Payment Bond Survey ork �®v Pee - . cps. ® - • - �®� ... .,,,c .,v. . ... ...... ...tr��„ 3 �'a_. . `s ,..,.3, v°.:: ` ...�Er.?. A? e�''�`�.. ?,� ` � "��. .��� r� �� � ��-���" �i�, r a, � �•'� t 4 '.&''��F�'( Liability Insurance ggl LAMM "EaF%' ... a� z�s"'•"��®1 . • . . . , �1.5'.i,. tjc,Jfi�Yya'fYE�.in.�c sk,yt€, ;.: WWI Ile sx'fi. EARTHW "t� 3.,-• qN,q F [£ - � Prevention , 55 Control Ni - Water' Erosion and • A w • � ' �• r a{ " [- Construction Site - `� i• �,. 'Activities_ a ei Design I . . Demolitionswill Installation LIM , Maintenance In ;;r 1111=11111 ellill 11111 ililiiilliiiil off 0 estimates stormwaterpond excavation is 56, 000 - . . lace Unit _ IPTION Estimated • • Quantity DESCPrice Quantity Values Completed Percent Amount Amount complete Completed % And Stored • a yrcw t x £ 'E y 44 r ElE=q, £* �,}• S_ ^s. �rf : � . ... . kEo, ..�,�...:1?4w.<u .>._ �; ."zx »af�,`" ' SS . � z ...... e ate. , `T"7v �e�. � �E� STRUCTURES53 ^ . � E " . a � • ' - : • • Conflict Manhole I YWE" Inlet with 2 ' diameter manholecovers },:.�-.f;� v p `....: f , (��� a Al <;..T$`3 ..: <' E :.E stG Fr-: `y�—' 1 • • p+— —r^ z ""."`� 4 is EEf v' �" x 1fEf _ f y ESr � :� E lmNwr [FSE ,ter. ,p�t�Ea,"P f �, �. aY•= '€'fav � `�<.. 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" _ a .ms T au�,<, ( .. { ., E -rn � . u � t .� m�'a€H'. u u, � ' 15, 1%`� �' S. t"w>`%I le • or or • • • • • • am / 1 . 1 • . SECTION 01025 ' MEASUREMENT AND PAYMENT — REVISED APRIL 29 , 2003 ' 1 . 1 DESCRIPTION ' A . The items listed below, beginning with Paragraph 1 . 4 , refer to and are the same pay items listed in the Bid Form . They constitute all of the pay items for the completion of the Work. Furnish and install any items shown or omitted that are required for a ' complete installation , at no additional cost to the OWNER . No direct or separate payments will be made for providing miscellaneous temporary or accessory works , plant , services , CONTRACTOR' s or ENGINEER's field offices , repair or ' replacement of existing utilities , job signs , sanitary requirements , testing , safety devices , replacement of unpaved roads , clean-up , protection of the Work and property, field verification or location of buried utilities , water supplies , power, ' maintaining traffic , removal of waste , watchmen , and all other similar requirements of the General Conditions , Supplementary Conditions , General Requirements , and the Specifications . Compensation for all such services , things , and materials shall ' be included in the prices stipulated for the lump sum or unit price pay items , as applicable , listed herein . ' B . Each lump sum and unit bid price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each separately identified item . C . Note that many of the descriptions for payment of the bid items listed below may include the words "including but not limited to , " followed by a list of specific items that are included in the bid item . The use of "included but not limited to , " or similar words , means that other items may be included in the bid item , but they have not been listed by the ENGINEER . If a list is provided , it is intended only as an aid to ' the CONTRACTOR and it shall not limit the actual items that are included in the bid item . 1 . 2 ENGINEER' S ESTIMATE OF QUANTITIES A. ENGINEER' s estimated quantities for unit bid prices , as listed in the Bid Form , are ' approximate only and are included solely for the purpose of comparing Bids . OWNER does not expressly or by implication agree that the nature of the materials encountered or the actual quantities of material encountered or required will ' correspond therewith . OWNER reserves the right to increase or decrease any quantity or to eliminate any quantity as OWNER may deem necessary. CONTRACTOR will not be entitled to any adjustment in a unit bid price as a result Last revised 4/29/03 01025- 1 EAST GIFFORD F:\Public Works\KeithM\Storm%eter Projects\Efford East\Construction Contract\Technical Specifications\Final Specifications\Division 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc of any change in an estimated quantity and agrees to accept the aforesaid unit bid ' prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement, or by any changes or alterations in the Work ordered by OWNER , and for use in the ' computation of the value of the Work performed for progress payments . 1 . 3 RELATED PROVISIONS ' A. Payments to CONTRACTOR : Refer to General Conditions and Agreement , ' B . Changes in Contract Price : Refer to General Conditions , 1 .4 BID ITEMS ' GENERAL ITEMS ' A . Item 1 . 01 — Mobilization/Demobilization : 1 . Measurement and Payment: The lump sum payment will be full compensation for mobilization of construction operations , including but not limited to , ' performance of construction preparatory operations , including all labor and materials necessary to transport equipment and personnel to the project site , temporary construction utilities , CONTRACTOR's field offices , and removing all ' of the CONTRACTOR' s equipment , etc. from the project site when the Work is complete . The total lump sum to be paid for this item shall not exceed five (5) percent of the total bid . Fifty (50 ) percent of the bid item amount may be ' paid in the first application for payment and the remaining fifty (50 ) percent of the bid item amount shall be paid in the last application for payment as demobilization . No additional payment will be made for demobilization or ' remobilization due to shutdowns , suspensions of work or for other mobilization activities . ' B . Item 1 . 02 = Maintenance of Traffic: 1 . Measurement and Payment: The lump sum payment will be full compensation for implementation of the Traffic Control Plan , including but not limited to , ' furnishing all labor, materials , equipment and incidentals required to maintain traffic , including necessary detour facilities and traffic control signals during ' construction , and conformance to requirements of the Contract Documents , the "Manual of Uniform Traffic Control Devices" (M . U . T. C . D . ) Part IV , and Florida Department of Transportation Roadway and Traffic Design Standards Index No . ' 600 series . Payment will be based on percent of earned contract (i . e . , 10 percent. of lump sum amount will be paid at 10 percent of earned contract amount) . Last revised 4/29/03 01025-2 EAST GIFFORD ' FAPublic Works\KeithM\Storm%eter Projects\Gifford East\Construction Contract\Technical Specifications\Fnal Specificatlons0vision 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc 1 1 C . Item 1 . 03 - Project Record Documents : 1 1 . Measurement and Payment: The lump sum payment will be full compensation , including but not limited to , all labor, materials , and equipment required to prepare Project Record Documents , including survey work and AutoCad work . 1 This bid item shall be paid in the final pay request and after the Record Documents have been approved by the ENGINEER . No partial payments for Project Record Documents shall be made . No additional payment will be made 1 for revisions to Project Record Documents to make them comply with the contract requirements . 1 D . Item 1 . 04 - Performance Bond : 1 . Measurement and Payment : The lump sum payment will be full compensation for providing a Performance Bond as required by these Contract Documents , 1 The total lump sum to be paid for this item shall not exceed one and one - half ( 1 . 5) percent of the total bid. Twenty-five (25 ) percent of the bid item amount may be paid in the first application for payment and the remaining 1 seventy-five (75 ) percent of the bid item amount shall be paid in the last application for payment. 1 E . Item 1 . 05 an Payment Bond : 1 . Measurement and Payment: The lump sum payment will be full compensation for providing a Payment Bond as required by these Contract Documents . The 1 total lump sum to be paid for this item shall not exceed one and one -half (1 . 5) percent of the total bid . Twenty-five (25) percent of the bid item amount may be paid in the first application for payment and the remaining seventy-five 1 (75 ) percent of the bid item amount shall be paid in the last application for payment. 1 F . Item 1 . 06 - Survey Work: 1 . Measurement and Payment: The lump sum payment will be full compensation , including but not limited to , all labor, materials , and equipment required to 1 establish and protect survey control points , replace disturbed or destroyed property monuments and survey control points , and perform construction staking . Twenty-five (25 ) percent of the bid item amount may be paid in the first ' application for payment, twenty-five (25) percent may be paid at approximately the one-half way point in the construction contract, and the remaining fifty (50 ) ' percent of the bid item amount shall be paid in the last application for payment . G . Item 1 . 07 — Project Photographs : ' 1 . Measurement and Payment: The lump sum payment will be full compensation for photographic construction documentation as specified . Twenty-five (25 ) percent of the bid item amount may be paid in the first application for payment 1 and the remaining seventy-five (75 ) percent of the bid item amount shall be Last revised 4/29/03 01025-3 EAST GIFFORD ' FAPublic Works\KeithM\Stormweter Projects\Gifford East\Construction Contract\Technical Specifications\Final Specifications\Division 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc 1 1 1 paid in the last application for payment. ' H . Item 1 . 08 = Insurance Coverage (Bid Items 1 . 08A through F , inclusive ) : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for providing the insurance coverage required by the Contract Documents . Payment for Insurance Coverage will not be made until the project is complete and accepted by the OWNER. ' EARTHWORK ' I . Item 2 . 01 — Prevention , Control , and Abatement of Erosion and Water Pollution From the Construction Site and the Contractor's Activities : 1 . 1 Item 2 . 01A — Design : ' 1 . Measurement and Payment: The lump sum payment will be full compensation for site-specific design of an erosion and stormwater pollution control system (s) by a specialty subcontractor in accordance with the Contract Documents and ' regulatory requirements , including but not limited to , all labor; materials ; and equipment . 1 . 2 Item 2 . 01 B — Installation : ' 1 . Measurement and Payment: The lump sum payment will be full compensation for a specialty subcontractor installing an erosion and stormwater pollution control system (s ) in accordance with the Contract Documents and regulatory ' requirements , including but not limited to , all labor; materials ; and equipment. Upon proper installation , the CONTRACTOR may be paid for up to 75 percent of the bid item amount, with the remainder being paid when the Work is ' complete and accepted by the OWNER . 1 . 3 Item 2 . 01 C — Maintenance : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for a specialty subcontractor maintaining the erosion and stormwater pollution control system (s ) in accordance with the Contract Documents and regulatory requirements , including but not limited to , all labor; additional materials ; ' replacement materials ; and equipment. The CONTRACTOR may invoice for 50 percent of this bid item when the Work is approximately one-half complete . The remainder will be paid when the Work is complete and accepted by the ' OWNER. J . Item 2 . 02 - Demolitions : ' 1 . Measurement and Payment: The lump sum payment will be full compensation for providing all labor, materials , equipment, and transportation required for demolition activities , including but not limited to protection of surrounding ' property, demolition , disposal of demolished materials (including but not limited to existing structures , trash , debris , equipment, etc. ) , and cleaning . Last revised 4/29/03 010254 EAST GIFFORD ' F:\Public Works\Keithmstormveter Projects\Gifford East\Construction Contract\Technical Specifications\Fnal Specifications\Division 1 \01 025 - Measurement and PaKnent - Revised April 29, 2003.doc 1 1 K . Item 2 . 03 - Clearing and Grubbing : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for clearing and grubbing , including but not limited to , all labor, materials and equipment , obtain required permits , permit fees , removal of existing pipe , and ' disposal of debris . L . Item 2 . 04 - Grading Swales : ' 1 . Measurement and Payment: The lump sum payment will be full compensation for grading swales , including but not limited to , all labor, grading , compaction , testing , materials , and equipment. ' M . Item 2 . 05 - Driveway Reconstruction : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for driveway reconstruction , including but not limited to all labor, equipment, grading , compaction , testing , removing and replacing existing driveway culverts with new culverts meeting Indian River County standards , and removing and replacing ' existing driveway materials . N . Item 2 . 06 - Sodding - Bahia : ' 1 . Measurement : The quantity of sod in-place will be the actual number of square yards furnished and installed . 2 . Payment : The unit price for each square yard of sod will be full compensation ' for furnishing all labor, materials , and equipment for installation , including but not limited to , grading , sod , fertilizer, maintenance , mowing , and watering . Note : Payment for sodding will only be made within the limits shown on the ' Drawings or specified . All other sodding required due to the CONTRACTOR working outside the Limits of Construction shall be at no cost to the OWNER . ' O . Item 2 . 07 — Hydro-Seeding : 1 . Measurement: The quantity of hydro-seeding will be the actual number of square yards hydro-seeded . ' 2 . Payment: The unit price for each square yard of hydro-seeding will be full compensation for furnishing all labor, materials , and equipment for installation , including but not limited to , grading , seed , mulch , fertilizer, maintenance , and ' watering . Note : Payment for hydro-seeding will only be made within the limits shown on the Drawings or specified . All other hydro-seeding required due to the CONTRACTOR working outside the Limits of Construction shall be at no ' cost to the OWNER . P . Item 2 . 08 — Stormwater Pond Excavation : ' 1 . Measurement and Payment: The lump sum payment will be full compensation for excavating and constructing the stormwater pond , including but not limited to , all labor, materials , and equipment, and hauling and disposing unsuitable Last revised 4/29/03 01025-5 EAST GIFFORD ' F:\Public Works\KeithM\Stormvater Projects\afford East\Construction ContrachTechnical Specifications\Rnal Specifications\Division 1 \01 025 - Measurement and Paynent - Revised April 29, 2003.doc 1 1 material . ' Q . Item 2 . 09 — Stockpile Excess Topsoil and Excavated Material Per Specifications : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for hauling and stockpiling excess topsoil and excess excavated material . The lump sum payment includes , but is not limited to furnishing all labor, materials , tools , equipment , and transportation . Note : Indian River County will provide ' labor, equipment, and machinery necessary to spread and stockpile the material at the stockpile site , ' STRUCTURES R . Items 3 . 01 , 3 . 021 3 . 031 3 . 041 3 . 05 , and 3 . 06 — [Miscellaneous Structures] : 1 . Measurement: The quantity of structures in -place will be the number furnished and installed as - shown and specified on the Drawings . 2 . Payment: The unit price for each structure will be full compensation for furnishing all labor, materials and equipment for installation , including but not limited to , furnishing and installing structure , inlet frame and grate/cover, dewatering , excavation , bedding stone , temporary sheeting , pipe connections , ' backfill , compaction , and final grading to provide a complete installation . PIPES S . Items 4 . 019 4 . 02 , 4 . 03 , 4 . 04 , 4 . 05 , 4 . 06 4 . 07 4 . 08 , 4 . 09 , 4 . 10 , 4 . 11 , 4 . 12 , and 4 . 19 — [Miscellaneous Drainage Pipe] : ' 1 . Measurement: The quantity of drainage pipe in-place will be the number of linear feet of each size and type furnished and installed as shown on the Drawings . The lengths of pipe will be measured horizontally along the ' centerline of the completed pipe . 2 . Payment: The unit price per linear foot will be full compensation for all labor, materials , tools and equipment, including but not limited to clearing and grubbing ; trench excavation ; concrete jackets/sleeves and filter fabric; furnishing , installing , cleaning , and testing of pipe ; drainage and dewatering ; site restoration ; temporary sheeting , shoring and bracing ; restoration of ' unpaved areas ; pipe bedding ; backfill and compaction ; grading ; and protection of existing utilities and structures . ' T. Item 4 . 13 — Railroad Crossing — Jack and Bore with Steel Carrier Pipe & Steel Casing Pipe , complete : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for the bore and jack with steel carrier pipe and steel casing pipe in -place , furnished and installed as shown on the Drawings . The lump sum payment will be full compensation for furnishing all labor, materials , tools and equipment , ' Last revised 4/29/03 01025-6 EAST GIFFORD ' RIPublic Works\KeithM\Stormmter Projects\Efford East\Construction Contract\Technical Specifications\Final Specifications0vision 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc 1 1 including but not limited to installation , casing pipe ; boring ; jacking ; casing ' spacers ; carrier pipe ; jointing ; cleaning ; drainage and dewatering ; specials ; site restoration ; temporary sheeting ; shoring and bracing ; excavation ; backfill and compaction ; protection of exiting utilities and structures ; and conformance to the ' requirements of the Florida East Coast Railway Company, L . L . C . U . Items 4 . 14 , 4 . 15 , 4 . 16 , and 4 . 17 — [Miscellaneous 2 : 1 Mitered End Sections , ' including connector Pipe] : 1 . Measurement: The quantity of mitered ends in-place , will be the number of each size furnished and installed as shown on the Drawings . ' 2 . Payment: The unit price per mitered end will be full compensation for all labor, materials , tools and equipment, including but not limited to , clearing and grubbing ; trench excavation ; furnishing , installing , cleaning ; drainage and dewatering ; site restoration ; temporary sheeting , shoring and bracing ; restoration of unpaved areas ; pipe bedding ; backfill and compaction ; grading , and protection of existing utilities and structures . ' V. Item 4 . 18 - Trench Safety System : 1 . Measurement and Payment : The lump sum payment will be full compensation ' for installing and maintaining a trench safety system , including but not limited to , all labor; materials ; and equipment. ' MISCELLANEOUS W . Item 5 . 01 - Remove and Replace 5' Wide Sidewalk: ' 1 . Measurement: The quantity of sidewalk removed and replaced will be the number of linear feet removed and replaced as shown on the Drawings . 2 . Payment: The unit price will be full compensation for all labor, materials , tools ' and equipment , including but not limited to , clearing and grubbing , compaction , forming , concrete , reinforcement , stripping forms , final grading , and site restoration . X. Item 5 .02 — Adjust Existing Water Mains : 1 . Measurement and Payment : The lump sum payment will be full compensation ' for all labor, materials , tools and equipment, including but not limited to clearing and grubbing ; trench excavation ; fittings and appurtenances , specials , backfill and compaction , grading , testing , and all other work required by Indian River ' County Division of Utility Services and in accordance with Indian River County Division of Utility Services standards and specifications . Y. Item 5 . 03 — Core Existing Catch Basin : 1 . Measurement and Payment: The lump sum payment will be full compensation for coring the existing catch basin and connecting the pipe to the structure , Last revised 4/29/03 01025-7 EAST GIFFORD ' FAPublic Works\KeithM\Storm%Aeter Projects\Gifford East\Construction Contract\Technical Specifications\Rnal Specifications\Division 1 \01 025 - Measurement and Paynent - Revised April 29, 2003.doc -1 including but not limited to all labor, materials , equipment, connection , ' excavation , dewatering , grout , fittings and appurtenances , backfill , compaction and final grading . ' Z. Item 5 . 04 — Clean Yellow Sand Berm : 1 . Measurement and Payment: The lump sum payment will be full compensation for constructing the clean yellow sand berm as shown on the Drawings , ' including but not limited to all labor, materials , equipment, transportation , yellow sand , transportation , sieve analysis , placing , compaction and final grading . AA . Item 5 . 05 — 8 ' High Chain Link Fence and 16 ' wide Double Swing Gate , with 3- ' strand Barb Wire : 1 . Measurement: The quantity of chain link fence and swing gate in -place , will be the number of linear feet of fence furnished and installed as shown on the Drawings . 2 . Payment: The unit price per linear foot will be full compensation for all labor, ' materials , tools and equipment required for a complete installation , including but not limited to clearing and grubbing , grading , polyolefin elastomer coating , chain link fence fabric, tension wire , barbed wire , barbed wire attachments , line posts , ' corner posts , end posts , braces , truss rods , tie wires , swing gate , appurtenances , fittings , hardware , concrete , furnishing , installing , and site restoration . BB . Item 5 . 06 — Asphalt Pavement Repair at Road Crossings : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for restoring the roads in accordance with the Construction Drawings and Specifications , and as directed bythe ENGINEER . The lump sum paymentwill be full compensation for furnishing all labor, materials and equipment including , ' but not limited to , saw cutting ; pavement removal and disposal , including transportation and disposal fees ; compaction ; permits ; limerock base ; temporary asphalt seal coat surface ; pavement markings ; repair or replacement of damaged traffic signal devices and loops ; prime coat; tack coat; and Type & 1 asphaltic concrete for a complete patch . ' CC . Item 5 . 07 - Remove Existing 29 "x45" Mitered End : 1 . Measurement and Payment: The lump sum payment will be full compensation for all labor, materials , tools and equipment, including but not limited to removal and disposal of existing mitered end ; clearing and grubbing ; excavation ; drainage and dewatering ; restoration ; backfill and compaction ; protection of existing utilities and structures ; and coordination for the relocation of existing ' facilities by the OWNER or utility. CCI Item . 5 . 08 — Miscellaneous Stormwater Measuring and Recording Equipment : Last revised 4/29/03 01025-8 EAST GIFFORD ' F:\Public Works\KeithM\Stormmter Projects\Gifford East\Construction Contract\Technical Specifications\Final Specifications\Division 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc 1 . Measurement and Payment: The lump sum payment will be full compensation ' for furnishing and supplying all equipment specified in Addendum No . 2 , Item No . 7 . ' ADDITIONAL UNIT PRICES DD . Items 6 . 01 and 6 . 02 — Imported "Type 2 " and "Type 3 " Fill/Backfill Material , in-place ' and compacted : 1 . Measurement: This volume will be calculated based on a trench or other excavation having the lines or grades shown or specified . The quantity will be ' calculated based on an in-place and compacted volume . 2 . Payment : The unit price per cubic yard for furnishing and installing the material will be full compensation for furnishing all labor, materials , tools and equipment, ' including but not limited to transportation , furnishing , placing , and compacting . EE . Item 6 . 03 - Excavation of Unsuitable Material as described in Paragraph 3 .4 of ' Section 02220 : 1 . Measurement: This volume will be calculated based on a trench or other excavation having the lines or grades shown or specified . The quantity will be ' based on the calculated volume of the excavation (no "fluff factor" ) . 2 . Payment: The unit price per cubic yard for excavating and disposing unsuitable material will be full compensation for furnishing all labor, materials , tools and equipment , including but not limited to excavation , transportation , and disposing unsuitable material . ' FF . Item 6 . 04 — Trench Sheeting left in place at the ENGINEER' s directions : 1 . Measurement: The payment quantity will be the actual number of square feet of sheeting left in place at the direction of the ENGINEER , Measurement will consist of the area of the sheeting left in place from the bottom of the trench to a cut-off point two feet below the finished grade or as directed by the ENGINEER . 2 . Payment: The unit price per square foot for sheeting left in place at the direction of the ENGINEER will be full compensation for providing and installing sheeting , complete . ' GG . Item 6 . 05 - Sodding — St. Augustine "Bitter-Blue": 1 . Measurement : The quantity of sod in -place will be the actual number of square ' yards furnished and installed . 2 . Payment: The unit price for each square yard of sod will be full compensation for furnishing all labor, materials , and equipment for installation , including but ' not limited to , grading , sod , fertilizer, maintenance , mowing , and watering . Note : Payment for sodding will only be made within the limits shown on the Drawings or specified . All other sodding required due to the CONTRACTOR Last revised 4/29/03 01025-9 EAST GIFFORD ' F:\Public Works\KeithM\Stormmter Projects\Afford East\Construction Contract\Technical Specifications\Fnal Specifications\Division 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc 1 1 working outside the Limits of Construction shall be at no cost to the OWNER . HH , Item 6 . 06 — Seed and Mulch : 1 . Measurement : The quantity of seed and mulch will be the actual number of ' square yards seeded and mulched . 2 . Payment: The unit price for each square yard of seed and mulch will be full compensation for furnishing all labor, materials , and equipment for installation , ' including but not limited to , grading , seed , mulch , fertilizer, maintenance , and watering . Note : Payment for seed and mulch will only be made within the limits shown on the Drawings or specified . All other seed and mulch required due to ' the CONTRACTOR working outside the Limits of Construction shall be at no cost to the OWNER. ' ALTERNATIVE BID ITEMS II . Item 7 . 012 — Dispose Excess Topsoil and Excess Excavated Material at a site selected by the CONTRACTOR . 1 . Measurement and Payment: The lump sum payment will be full compensation for hauling and stockpiling excess topsoil and excess excavated material . The lump sum payment includes , but is not limited to furnishing all labor, materials , tools and equipment , transportation and disposal . ' JJ . Item 7 . 021 — Provide equipment to spread and stockpile excess topsoil and excess excavated material at the Indian River County disposal site : 1 . Measurement and Payment: The lump sum payment will be full compensation ' for spreading and stockpiling excess topsoil and excess excavated material . The lump sum payment includes , but is not limited to furnishing all labor, materials , tools and equipment , spreading , and stacking . ' KK . Item 7 . 03 - Selectively clear and grub (per Section 02050 ) the Edward Berndt property immediately west of the proposed stormwater detention site , including ' permits , demolition , disposal , etc . . 1 . Measurement and Payment : The lump sum payment will be full compensation for selective clearing and grubbing , including but not limited to , all labor, ' materials and equipment , stumping , obtain required permits , permit fees , removal of existing pipe , and disposal of debris . ' + + END OF SECT)ON + + ' A Last revised 4/29/03 010� � 1 EAST GIFFORD FAPublic Works\KeithM\Storm%eter Projects\Gifford East\Construction Contract\Technicai Specifications\Rnal Specifications\Division ' 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc " SECTION 100 - ADVERTISEMENT FOR BIDS ' BOARD OF COUNTY COMMISSIONERS 1840 25TH Street, Vero Beach, Florida 32960 ' ORI Telephone : (561) 5674000 SUNCOM: 224- 1000 i ADVERTISEMENT FOR BIDS FAX: (561) 778-9391 INDIAN RIVER COUNTY ' Sealed bids will be received by Indian River Countyuntil 2 : 00 PM on Wednesday, May 7 , 2003 . 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 " INDIAN RIVER COUNTY PROJECT No . 9219, EAST GIFFORD STORMWATER IMPROVEMENTS . " All bids , either mailed or walked in , will be received by the Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , where they will ' be opened publicly and read aloud at 2 : 00 PM . All bids received after 2 : 00 P . M . , of the day specified above , will be returned unopened . INDIAN RIVER COUNTY PROJECT NO. 9219 INDIAN RIVER COUNTY BID NO. 5065 PROJECT DESCRIPTION. EAST GIFFORD STORMWATER IMPROVEMENTS - The Contractor shall construct a stormwater collection , conveyance , and detention system (6± acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track . It shall also ' construct a stormwater collection and conveyance system in the western right-of-way of U . S . Highway No, 1 . Stormwater runoff will drain into concrete drainage structures and it will be conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track . The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . ' 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 , 3 `d floor, County Administration Building , 1840 25th ' Street , Vero Beach , FI . 32960 . Copies of the plans and specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County, in the amount of $ 75 for each set, which represents cost of printing, handling, and ' mailing and which is non refundable. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications . A BID BOND must accompany each Bid , and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to 00100 - Advertisement for Bids 00100 - 1 ' F.APublic WorksWelthMStorrrrovater Projects\Gifford EashConstruction ContractOdding & Contract Documents\Bidding & Contract DocumentST0100 - Advertisement for Bids.doc Rev. 05/01 do business in the State of Florida , in the sum of not less than Five Percent (5%) of the total ' amount bid , made payable to Indian River County Board of County Commissioners . In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance and Payment Bond . If he fails to do so , he shall forfeit the ' said bid Bond as liquidated damages . Please note that the questionnaire must be filled out completely including the financial statement. ' The County reserves the right to delay awarding of the Contract for a period of sixty 60 days after the bid opening , to waive informalities in any bid , or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best ' interest of Indian River County, Florida . The County will not reimburse any Bidder for bid preparation costs . ' Bidder is hereby notified that funding of the Project comes , in whole or in part , from a grant provided by the United States Environmental Protection Agency through the Florida Department of Environmental Regulation . A copy of the grant is included in the Appendix to the Contract Documents , and the attention of the Bidder is directed to the requirements of the grant . ' A Pre- Bid Conference will be held on Thursday, April 17 , 2003 at 2 : 00 PM , in the first floor conference room "A" of the Indian River County Administration Building located at 1840 25th ' Street , Vero Beach , Florida , 32960 . ATTENDANCE AT THIS CONFERENCE BY ALL BIDDERS IS HIGHLY ENCOURAGED , INDIAN RIVER COUNTY ' By: Fran Boynton Powell Purchasing Manager 1 For Publication in the Vero Beach Press Journal Date (s ) : April 10 , 2003 April 13 , 2003 April 15 , 2003 For: Vero Beach Press Journal Please furnish tear sheet and Affidavit of Publication to : . INDIAN RIVER COUNTY ' PURCHASING DIVISION 2526 19th Avenue Vero Beach , FL 32960 ' * * END OF SECTION 00100 - Advertisement for Bids ' 00100 - 2 F:\Public Works\Keithbl\Stomnvater Projects\Gifford East\Construction Contrail\Bidding & Contract Documents\Bidding 8 Contrail Doeuments\00100 - Advertisement for Bids.doc Rev. 05/01 SECTION 00200 = Instructions to Bidders ARTICLE 1 - DEFINED TERMS ' 1 . 01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions . Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof: tA. 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 . 1 00200 - Instructions to Bidders 00200 - 1 EAST GIFFORD ' FAPublic Works\KeithM\Slormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 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. 3 . 03 The OWNER reserves the right to reject bids from Bidders that are unable to meet any ' of the listed required qualifications . ' ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS , OTHER RELATED DATA, AND SITE ' 4 . 01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: ' 1 . Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents . 2 . Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities ) that ENGINEER has used ' in preparing the Bidding Documents , B . Copies of reports and drawings referenced in paragraph 4 . 01 .A will be made available by OWNER to any Bidder on request. Those reports and drawings are not part of the Contract Documents , but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4 . 02 of the General Conditions has been identified and established in ' paragraph 4 . 02 of the Supplementary Conditions . Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data , interpretations , opinions or information contained in such reports or shown or indicated in such drawings . ' 4 . 02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing ' Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by OWNERS of such Underground Facilities , including OWNER, or others . 4 . 03 Hazardous Environmental Condition ' A. There are no reports or drawings known to the OWNER relating to a Hazardous Environmental Condition identified at the Site . ' 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 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 . 00200 - Instructions to Bidders 00200 - 2 EAST GIFFORD ' FAPublic WorksWeithM\stoffwoater Projects\Gifford Fast\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\D0200 - Instructions to Bidders.doc Rev. 05/01 ' 4 . 05 Upon a request directed to the ENGINEER ( Keith McCully, P . E . , 567-8000 , ext. 1562 ) , 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 omitted intentionally] 4 . 07 It is the responsibility of each Bidder before submitting a Bid to : ' A. examine and carefully study the Bidding Documents , including any Addenda and the other related data identified in the Bidding Documents ; ' B . VISIT THE SITE AFTER CONTACTING THE ENGINEER (KEITH MCCULLY, P . E . , 567- 8000 , EXT. 1562) 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 ; 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 ; 00200 - Instructions to Bidders ' 00200 - 3 EAST GIFFORD FAPublic Works\KeithMGStornwvater Projects\Gifford EashConstruction Contract\Bidding & Contract DocumentsWidding & Contract Documents\D0200 - Instructions to Sidders.doc Rev. 05/01 I . promptly give ENGINEER written notice of all conflicts , errors , ambiguities , or 1 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 1 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. 7 . 02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER. 00200 - Instructions to Bidders ' 00200 - 4 EAST GIFFORD F. Public WorksWeithAA\Stommvater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 ARTICLE 8 - BID SECURITY 8 . 01 A Bid must be accompanied by Bid security made payable to OWNER in the amount ' specified in the Bid Form and in the form of a certified or bank check or a Bid Bond [on the form attached except as provided otherwise by Laws or Regulations] . All Bonds shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as ' Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The Surety must be authorized to issue surety bonds in Florida . ' The Bidder shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract , the Successful Bidder ' shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304- 9308 . The Surety shall also meet the requirements of paragraphs 5 . 01 and 5 . 02 of the General Conditions . ' 8 . 02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents , furnished the required contract security and met the other conditions of the Notice of Award , whereupon the Bid security will be returned . If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award , OWNER may annul the Notice of Award and the 1 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" 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 00200 - Instructions to Bidders 00200 - 5 EAST GIFFORD FAPublic WorksWeithM tormwater Projects\Gifford EashConstruction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 CONTRACTOR and consideration by ENGINEER is set forth in the General Conditions and may 1 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 . 12 . 04 The Bidder agrees to take the following affirmative steps to assure that minority firms , women 's businesses , and labor surplus area firms are used when possible : A. Placing qualified small and minority businesses and women 's business enterprises on solicitation lists ; B . Assuring that small and minority businesses , and women 's business enterprises are solicited whenever they are potential sources ; C . Dividing total requirements , when economically feasible , into smaller tasks or quantities to permit maximum participation by small and minority businesses , and women 's business ' enterprises ; D . Establishing delivery schedules , where the requirement permits , which encourage participation by small and minority businesses , and women 's business enterprises ; and ' E . Using the service and assistance of the Small Business Administration , and the Minority Business Development Agency of the Department of Commerce . 00200 - Instructions to Bidders 00200 - 6 EAST GIFFORD FAPublic WorksWeithM\Storrrnwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 12 . 05 MINORITY BUSINESS ENTERPRISE ( MBE ) / WOMEN ' S BUSINESS ENTERPRISE ' (WBE ) UTILIZATION : A. In accordance with EPA's Program for Utilization of Small , Minority and Women 's ' Business Enterprises in procurement under assistance programs , the apparent Successful Bidder before executing the Contract, shall ensure , to the fullest extent possible , that at least the negotiated fair share percentages of Federal funds for 1 subcontracts for supplies , construction , equipment or services are made available by the apparent Successful Bidder to organizations owned or controlled by socially and economically disadvantaged individuals , women and historically black colleges and ' universities . The Federal funds for the construction phase of this project are $360 , 000 . B . The Bidder shall include in its bid documents , the fair share percentages set forth below. ' The apparent Successful Bidder shall achieve , to the fullest extent possible , the State of Florida 's fair share objective and shall require its subcontractors to comply with 40 CFR 30 .44 (b ) , 31 . 36 (e ) , 35 . 3145 (d ) , 35 . 6580 or the Drinking Water State Revolving Fund ( SRF ) Program Guidelines , as appropriate . The negotiated fair share commitments for ' the State of Florida are : 1 . Construction : 10% MBE and 11 % WBE . C . To evaluate compliance with the " Fair Share" policy, the apparent Successful Bidder shall comply with the six affirmative steps stated in 40 CFR 30 . 44 ( b ) , 40 CFR 31 . 36 (e ) , 35 . 3145 (d ) , 35 . 6580 , as appropriate . D . If the Bidder does not want to rely on Florida 's MBE/WBE goals , the Bidder shall submit proposed MBE/WBE goals with its bid , based on availability of qualified minority and 1 women -owned businesses to do work in the relevant market for construction , services , supplies and equipment. 12 . 06 SMALL BUSINESS UTILIZATION ' A. In accordance with Section 129 of Public Law 100-590 , the Small Business Administration Reauthorization and Amendment Act of 1988 , the apparent Successful ' Bidder agrees to utilize , and to encourage its subcontractors under this Agreement to utilize , small businesses located in rural areas to the maximum extent possible . The apparent Successful Bidder shall follow the six affirmative steps stated in 40 CFR 30 .44 (b) , 31 . 36 or 35 . 6580 , as appropriate , in the award of any subcontracts under this Agreement . ' 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 . 00200 - Instructions to Bidders 00200 - 7 EAST GIFFORD FAPublic WorksWeithM\Stornw Ater Projects\Gifford East\Construction ContrachBidding & Contract Documents\Bidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 ' 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 1 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 . t13 . 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 1 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 , I 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 1 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 00200 - Instructions to Bidders 1 00200 - 8 EAST GIFFORD FAPublic Works\Keithmstornmater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 responsibility that the final quantities shall remain in strict accordance with the estimated ' quantities , nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities or of the character, location of the work, or other conditions pertaining thereto . ' ARTICLE 15 = SUBMITTAL OF BID 15 . 01 The Bid form is to be completed and submitted with the Bid security and the following data : A. Statement of Public Entity Crimes . B . Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships . C . Sworn Statement under the Florida Trench Safety Act. D . General Information Required of Bidders . E . List of Subcontractors . ' 15 . 02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to Bid and shall be enclosed in an opaque sealed ' envelope plainly marked with the Project title (and , if applicable , the designated portion of the Project for which the Bid is submitted ) , the name and address of Bidder, and shall be accompanied by the Bid security and other required documents . If mail or other delivery system ' sends a Bid , the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation " BID ENCLOSED . " A mailed Bid shall be addressed to Indian River County, Purchasing Division , 2625 19th Avenue , Vero Beach , Florida , 32960 , ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16 . 01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids . ' 16 . 02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid , that Bidder may withdraw its Bid , and the Bid security will be returned . Thereafter, if the Work is rebid , that Bidder will be disqualified from further bidding on the Work. ' ARTICLE 17 - OPENING OF BIDS 17 . 01 Bids will be opened at the time and place indicated in the advertisement or invitation to Bid and , unless obviously non-responsive , read aloud publicly. An abstract of the amounts of the base Bids and major alternates , if any, will be made available to Bidders after the opening of Bids . 00200 - Instructions to Bidders 00200 - 9 EAST GIFFORD FAPublic Works%KeithMtStormwater Projects\Gifford EashConstruction ContrachBidding & Contract DocumentsXBidding & Contract Documents100200 - Instructions to Bidders.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 . The OWNER reserves the right to select, from among the various Bid alternatives , those alternatives to be included in the final Contract as well as the right and option to award or re-bid alternatives in any sequence or at any time deemed to be in the best interest of the OWNER. 19 . 02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered . Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be a 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 . 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 00200 - Instructions to Bidders ' 00200 - 10 EAST GIFFORD FAPublic WorksWelthmStormwater Projects\Gifford EashConstruction Contract\Bidding & Contract DocumentsXBidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05101 such Bonds , unless the Bonds have been waived due to the total contract being less than ' $50 , 000 . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the current list of " Companies Holding Certificates of Authority as Acceptable Sureties on Federal ' Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The sureties for all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR ' shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for ' all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United States Department of the Treasury under 31 United States Code sections 9304-9308 . ' ARTICLE 21 - SIGNING OF AGREEMENT 1 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 [ARTICLE 22 — SALES AND USE TAXES , has been intentionally deleted] ARTICLE 23 — RETAINAGE [ARTICLE 23 — RETAINAGE , has been intentionally deleted] ARTICLE 24 - CONTRACTS TO BE ASSIGNED ARTICLE 24 — CONTRACTS TO BE ASSIGNED has been intentional ) deleted 00200 - Instructions to Bidders 00200 - 11 EAST GIFFORD FAPublic WorksWeithmStornmater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00200 - Instructions to Bidders.doc Rev. 05/01 ' ARTICLE 25 - PARTNERING [ARTICLE 25 — PARTNERING , has been intentionally deleted] ARTICLE 26 — U . S . ENVIRONMENTAL PROTECTION AGENCY FUNDING OF THIS PROJECT 26 . 01 The Bidder is hereby notified that the U . S . Environmental Protection Agency ( EPA) has funded a portion of this Project. A. The estimated percentage of cost of the total Project (engineering , construction , water ' quality monitoring program , education and BMP implementation , and draft and final project reports ) supported by EPA funding is approximately 36 percent. The estimated percentage cost of the construction portion of the Project supported by EPA funding is approximately 26 percent. ' B . The dollar amount of EPA support of the total Project is $264 ,400 . ($ 194 ,400 is provided for construction activities and $70 , 000 is provided for a water quality monitoring and public ' education . ) 26 . 02 A summary of EPA support for the construction phase of the Project is presented below: Task 5 Construct lakes (clearing and excavation ) $ 1119600 Task 6 Lake Control Structures and Outfall Pipe $579400 Task 7 Lake Inflow and Conveyance System $25 ,400 * * END OF SECTION r r 00200 - Instructions to Bidders ' 00200 - 12 EAST GIFFORD FAPublic WorksWeithM\Stornmater Projects\Gifford EashConstruction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00200 • Instructions to Bidders.doc Rev. 05/01 SECTION 00310 - BID FORM - REVISED APRIL 29 , 2003 PROJECT IDENTIFICATION: Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address: The project is located south of 43'd Street, north of South Gifford Road (41st Street), west of U . S . Highway 1 , and east of the Indian River Farms Water Control District. Project Description : The Contractor shall construct a stormwater collection , conveyance , and detention system (6 + acre wet pond) in a poorly drained area west of the Florida East Coast Railroad track. It shall ' also construct a stormwater collection and conveyance system in the western right-of--way of -U . S . Highway No. 1 . Stormwater runoff . will drain into concrete drainage structures and it will be ' .= conveyed by concrete pipe. The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by ' the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Managemerit District and the Florida Department of Transportation . iTHIS BID IS SUBMITTED TO : INDIAN RIVER COUNTY 2625 19TH AVENUE ' VERO BEACH , FLORIDA 32960 1 .01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an. Agreement with OWNER in the form included in the Bidding Documents to perform all Work ' as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with all other terms and conditions of the Bidding Documents. 2 .01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders ,. including without limitation those dealing with the disposition of Bid ' security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3 . 01 In submitting this Bid, Bidder represents, as set forth in ' the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data Identified in the Bidding Documents , and the following Addenda, receipt of all which is hereby acknowledged. Addendum Date Addendum Number 1 Be Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work. ' C. Bidder is familiar with and is satisfied as to all federal state and local Laws and 00310 - Bid Foran - Addendum #2 00310 - 1 43 F4AMc WaftWWthMaWmweW proiedalGtllord MoWA nsbudw ConftcMldding d Contract DoanenbSdding & Canhact Doaanants+G0310 - Old Foran - Addendum f2.doc P". 0=1 Regulations that may affect cost, progress and performance of the Work. D . Bidder has carefully studied alt: ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities ) which have been identified in the Supplementary Conditions as . provided in paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of. a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions . E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, Investigations , explorations , tests , studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the .Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques, sequences , and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and . safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations , investigations , explorations , tests , studies , or data are necessary for the determination of this Bid for performance of the Work at d the price(s ) 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: H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents . I . 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 for which this Bid is submitted. 4.01 Bidder further represents that this Bid . is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any . . agreement or rules of any group , association, organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form - Addendum #2 00310 - 2 FiPutAc Wa*sWelthAASWmrA*tar pmpcMGllford EnWAnawetlon Ca*acradding a Contract DoMMMtsadding a comsat 000,nbma=10 - Bid Forth - Addendum 44 #2A= ter. 05M1 EAST GIFFORD STORMWATER IMPROVEMENTS = ■ TABULATION FORM DESCRIPTION • TOTAL®® GENERALAMOUNT Ems lkyj � - • - RecordDocuments10 ® r ■ � • • • 5 MIA ' Performance Bond ' Payment Bond Project PhotographsNideos AND M# ** Insurance coverage � ff • : • • • - . • ® i • • • ' Excess Liability Insurance lWorkers Compensation and Employers ,'Liabill Insurance � : • - - - - ® I 1 1 ' Prevention , Control and Abatement of ;iErosion and Water Pollution From the ' Construction Site and the Contractor' s iInstallation ® • w ` • �Rl Maintenance FIM Clearing and Grubbing ["COTO FJMT Reconstruction W-18 . . . . . Bahia IR ■���®■ter , , , ■ . . - - . . rim ' Stormwater Pond Excavation (Engestimates stormwater pond excavation is ', 56 , 000 cubic yards , based on irimplace ineer Stockpile excess topsoil and excavated , material per Specifications — 'Type V Inlet IIFIWIIIT� _ ' r N - • - - [ • • • • • � • • DESCRIPTION • TOTA ® • AMOUNT Conflict Manhole ,Type uE" Inlet with 2' diameter manhole It jr - r i ® OR am W ► ► 1 Z ® � • Railroad Crossing Jack and Bore with 0 Steel Camer ' . - & Steel Casing • - In • • , complete , 12"x18" E . R . C e - - • Mitered End ® Pi O � ► , 1 � • • • - P • - Mitered • , • e 1 • includin • • • • - M i24" R. C . P . Mitered End (2ol ) , including � I ♦ I 17 P1 e - - - EVEN O1 • • nut, • . MOM 12MMISCELLANEOUS Clean , Yellow Sand Berm1 1 ; ' High Chain Link Fence. and 16 ' wide • / • EAST • • • IMPROVEMENTS • TABULATION • • PTIONQU • TAI• • ® • AMOUNT - TOTAL •• • • • • , , 20, } k. 1 Or r ✓J r - W I • • • • - P .47F"•. hl� 1, OFA Or IOr r . I 1 4 / I ' 1 &Oi Mel Ir_ Ile Imported "Type 3" Fill/Backfill - Material Or 0d inmplace and compacted Excavation of Unsuitable Material as, , described in Paragraph 3 .4 of Section ' I. _y r' Trench Sheeting left in place at the ^4a I aY r a En • _ _ directions , 14 • , I Or R "} 1 cyl �'+..._ sYCJ. • , • • • • • • / • / h 1 ry�Y III Or I Seed and Mulch r OEM .•a I Or. . i : '.. Or - - C %100 ! J:. I t a Or Or a ® • 21 • - " it rimae; rOr IL ! 1 : Topsoil and Excess Excavated Matenal Or r . ,; � , _1 r h 1 1F ®'IDelete • Item • ®FEE= MR, lot • ' Dispose Excess Topsoil • Excess Excavated Material at a site selected _ - • • • • l • • 11t • • CON-TRACTOR I I. rill ;. .TOTAL • rr -r ") • • • • - • • • • rO I 1 ,, Provide • • to • • • Indianstockpile excess. topsoil and excess , excavated material at the River � Coun y disposal Selectively • grub (per Section 1 the Edward Berndt • • • "Immedilateely west of the proposed / I � • • 1 • I i stormwater detention - Including 1permits , disposal , .. ..S .. ': 1-... '. .: ... 0. i • " • • • • • 5.01 Bidder shall complete the Work in accordance with the Contract Documents for the prices) contained in " the Bid Schedule. A A. The Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices . Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words . Be The OWNER reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore, the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . C. Bidder acknowledges that estimated quantities are not guaranteed , and 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 . B of the General Conditions (and Supplementary Conditions if applicable ) . E. If Bidder believes that the cost of any item of the Work has not been established by the Bid Form , then Bidder shall include that cost in some other applicable bid item, so that Bidder's proposal for the project reflects Bidder's total _price for completing the Work in its entirety. 6.01 Bidder agrees that . the Work will be completed and ready for final payment in accordance with paragraph '14. 07. 6 of the General Conditions (and Supplementary Conditions If applicable) 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. Mel The folio 'Wong documents are attached to and . made a condition of this Bid : A. Required Bid security in the form ofMEN I �i�1V 17 Be Section 00450 - Sworn Statement Under Section 287. 133 , Florida Statutes , on Public Entity Crimes; Co Section 00452 - Sworn Statement under Section 105 . 08 , Indian River County Code, on Disclosure of Relationships ; D . Section 00454 on Sworn Statement Under the Florida Trench Safety Act; E. Section 00456 - General Information Required of Bidders, F. Section 00458 - List of Subcontractors, and G. (List other documents as pertinent) . 00310 - Bid Form - Addendum #2 00310 - 6 F4PuMcWorksWeHhAASWmr water PrcJecMGutad Esallconstudon contmdSddft a ca*aad Docamientioldmnq a eon"d D=xnen1WM10 . Bid Fan, . Addendum 48 02Aw Rev. 05a1 8 .01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions, and the Supplementary Conditions. 9 .01 By signing this form, Bidder admowledges that it has read and understood all information contained herein . . SUBMITTED on M71- 2021. State Contractor License No. GCr _G O 01 ' If Bidder is: An individual : Name (typed or printed ). By: (SEAL) ' (Individual's signature) Doing business as : Business address. Phone No. : FAX No . : A Partnership : Partnership Name : (SEAL) By: (Signature of general partner — attach evidence of authority to slgn) Name (typed or printed) : Business address: Phone No . : FAX No. . j [The remainder of this page was left blank intentionally] 1 00310 - Bid Form - Addendum #2 00310 - T 1 F:1PutAic WarkmmlSt sWA =mter pmjecft%GlRard EasnCwa&ucUan Cantrad&ddinp d Centrad Doc imanWBddlnp & Contract Doarn rfty 310 - 81d Farm - Addendum 49 VLdoc Rev. 05101 1 A Corporation : Corporation Name: l� I G k G r So n r I ar- i A 0. Inc . (SEAL) State of Incorporation : rI n r i A a.. Type (General usiness , essiona1 , Service , Limited Liability) : By: (Signature — ita evidence of authority to sign) Name (typed or printed): �- CL (' f yUMMED Title: ► le, (CORPORATE SEAL) Attest (Sign tune 6Y Corporate Secretary) 6to rn ; , r; L >✓ Business address. LIC) 5L b i �cl P_ O i guy . 5't'I ctrf , L q 95 Phone No . : 'I a FAX No . : I a& Date of Qualification to do business is t 9Qa A Joint Venture . Joint Venture Name : (SEAL) By: (Signature of joint venture partner -- attachevidence of authority to sign) Name (typed or printed): Title: Business address . Phone No. : aw FAX No. : aaaaaaaa Joint Venture Name: (SEA -) By. (Signature — attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No . : FAX No . : 00310 - Bid Form - Addendum ACL 00310 - 8 FAPubIfa woftW4ddIAStomMratw ProjedsMfo d EasfiCankudlon conaacMdd ft a contrad DomnaltsMcIn0 a Cw"d D=mwft 10 - Bid Forma Addendum 50 a2dw Rev. 05/01 Phone an F Number, and Address for receipt ofCclal communications . 9. V. o , bfaw-P, r 7l9 ; 4; wart PL. (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 . ) * * END OF SECTION 1 - . 1 1 00310 - Bid Form • Addendum #2 00310 - 9 F4AMIa WaftWW hMV mnmter ProjeftO ford EasWAn udw Cadradetddng & Con"d Doaxne<ftMddlno & Centrad Do=wIsW0310 - Wd Fam - Addendum 51 #ZA= Rev. 05101 SLUON -0000 - Bits BOND KNOW ALL MEN BY THESE PRESENTS, that we Dickerson Florida , Inc. (111005" nay as Prtnclpal, and Seaboard Surety Company (WROYs Miser a corporation duty oManizad under the Laws of the State of Florida as a Surety with its principal offices In the City of Baltimore, Maryiand and authorized to do bLWneae in the State of Florida, are held and firmly bound unto INDIAN RIVER COUNTY (hereinafter calved the OWNER) in the periW sum of five percent ( 5 % ) of theamount bid Dodtars ($ ) , lawful money of the United. States, amounting to 5% *(this total bid price, for the payment of which sum Ymn and truly be made, we � bind ourv+es, our heirs, maecutors , administratm, and successors, join lyand severally, firmly by these presents, Whereas said Principalis herewith submitting a Bid dated May 7 _. 2003, 110 for the construction ct Project Name: EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address: The project is located south of 43"' Street, north of South Gifford Road (41 st Street), west of U . S. Highway 1 , and east of the Indian River Farms Water Control Otsirict. Project Description: Tire Contractorshall construct s stocmw;ater collection, conveyance, and detention system (6 * acre wet pond ) in a poorly drained area west of the Florida East Coast Raliroad track. It shall also construct . a stormweter collection and conveyance system in the western fight- of-way of U. S. Highway No. 1 . Stormwater runoff will drain into concrefe drainage structures and it will be conveyed by concrete pipe. The Work also includes a bore and Sack underneath the railroad track. The project is in the vicinity of the City of hero Beach Municipal Airport and it will . be regulated by the Federal Aviation Authority. Other perrrAling authorities inctude SL Johns River Water Managenuxit District. and the Florida Department of Transportation, NOW THI+REFORE, the condition & #m above obQgation is such . that if the Principal does not withdraw said Bid within the period of time set forth in the Bid Documents, and on or bebr¢ the fifteenth day after the ' Notice of Award, the Principle einem Into a written contract W M the OWNER In 2C= ance with the Bid as accepted, and ifthe Principal gives the required bonds With good and sulf1clent sureties for the faithful performance and proper fulfillment of such Contract and for the protection of laborers and materielmen (e.p, supptiars), then this obligation shall be null and void. Otherwise, the Principal and Surety, jointly and severally, shall on or b0fore the sWeth day after request by the OWNER, pay to the OWNER In money, the difference between the amount specified in said Bid and the amount for whtch the OWNER Inay 5104l01 BID BOND 004344 f'M'4Alic W0*AKsirf*A5WMw Ww ProlaelsWord E156CcM1rUd 1Qn ContacASIdding & contract Doc"nhrMdbV & Contract 0=Men&J0G4a0. 13rd Boftdoc 52 procure the required work U the latter amount is greater than the t rmer, together Wth any expenei se rans reasonable attorney fees, including appellate proceedings, incurred bythe NER to is brought hereon , but in no event shall Suretys liability exceed the penal sum hereof plus such expenses and attorneys fees . IN. WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 7j, day of May 0 2003 . the name and aorpomte seal of each corporate party being hereto affbwd and these presents duly signed by Its undersigned representative pursuant to authority of Its goveming body. ' WHEN THE PRiNGPAL I I AN INDMDUAL: Signed , sealed, and delivered in the presence cf. Wit - Hess Signature of individual Address Printed Name of individual Witness Address ** seem spinY�1Fj=N THE PRINCIPAL 19 A SOLE PROMLTORSHIP OR 0PERAT§j UNDER A TRADE M_ Signed , sealed and delivered in the presence of. Witness Dame of Entity Bye Address Principal — Printed Name of Principal witness (SEAL.) Address [The remainder of this page was left blank intentlonallA 5!04101 BID BOND OM304 F !Public WQr'MWtsdtt AStoM� ProjedaMW'd Eadie MMX:5w Coefr mMidcfmo 3 C ftd doeunwrs ASWdkV & Ca UM 0,=mermw436= sic BOW doe 53 MEN THE P!N.ZJCIPAL�_S A PAZTN,�P: Signed, sealed and delivered in the presence of Witness Name of Partnership — BY: Address Partner Printed Name Of Partner (SEAL) Address x WH_ EE ,THE PRINCIPAL M A C RPORATIONt e Dickerson Florida , Inc. Secretary QZR &1 ! E 441 1- 1C Name :7(Afm on Corporate. SEAL) Printed Name Official Title GE TIFtCATE AS TO CORPORATE_PRINCIPAL 1 t1 l�C,il . g f 1 f/, certify that ! am tFre 3ecnPary of the corporation named as Prinapal in the Kithin bond; that LIZ, r N 'r. l t'i , who signed the sa ld gond on behalf of the Principai was then P1 6 c Gn t of said c orpera*n: that I know his signature, and hes signal them is genuine; and thatsaid Bond was duly signed, sealed and stlasted for and on behalf of Said corporation �go smIng body. ry (SEAL) 5/04/01 BID BOND 00430-3 FRAPubbk W0r)UmW81 hM%SWMwaier Pm** laffOrd.t±ast►C, mmvcUan Cmftmldwwg-& c owict oowmerAsad ft i Centrad Doc�men�5oo4aU- Sid SOMAm 54 rTO BE ExECUT'SD SY CORPORKM SURI�'_Y: ■ Seaboard Surety Company f I I/F e ry Corporate Surety 5801 Smith Avenue, Baltimore , M ryland 212W3653 Business 8Y. , 10 Beard , Richard M . La Rue, Jr. ren K. Attomey4n-Fact Florida Licensed Resident Agent (Aft Corporate SEAL) Karen K. Beard Attorney-In-Factt Surety Agency, LLC Name of Local Agwcy 20 South Spruce Street, Suite 301 ' Asheville , North Carolina 28801 Business Address 1 STATE OF FLORIDA COUNTY OF INOL4N RIVER Before me, a Notary Public, duly commissioned, quaNtf�ed and acting, personallyappearad Ka�ren K . Beard . to rate well known, who being by me first duly sworn upon oaf , says that he is the attomeyrin fact for theSeaboard Surety Comaargnd that he hm been autttcr+zsd by Seaboard Surety Company to execute the foregoing bond on behalf of the CONTRACTOR. named therein in favor of the County of Indian Rarer , Florida. Subscribed and swam to before me this _7[h day of May _ 12003 q-ad - D � Notary Pubfic, State of orth Carolina Susan R. Fussell My Commission Expires: September 22 , 2007 I [The remainder of this page was left thank intentionally] 5104401 BID BOND 004304 PAP'ubCa ftd&xAwwwwffmsWr PID rd E89IYO=VUdW 0MIMCE1t3SdOm Canvad D=n ftMddhV & C=*8c' DOR7Jt wt51Q043Q. Old Band.doe 55 Rol WE sib Any claims under this bond shad! be addressed to. Name and address of Surety. Surety Agency , LLC 20 South Spruce Street, Suite 301 Asheville , North Carolina 28801 Name and address of Njent or representa" in Florida if different f m above; Richard M . La Rue , Jr. , Florida Licensed Resident Agent Kuyken a -La ue on rng & insurance 1560 Orange Avenue , Suite 750 Winter Park , Florida 32789 Telephone number.of Surety and agent or representative in Florida4( 07 1 894 % 5431 M • ` END OF SEC71ON "Inquiries 828/236- 1000" 5/04/01 810 BOND 00480-5 F:1Pulm # W0ft ce3lnfNWWMW W PnoJ dffarai EasNCortaeueion Can ddrpp a Comma ooa�ld V a CWhe D==*ftQ0430- Old ftW.doc 56 jF1beS1PdUj POWER OFATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 22821 Certificate No. 1353047 KNOW ALL MEN BY THESE PRESENTS : That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under . the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Wallace N. Hyde and Karen K. Beard of the City of Asheville State North Carolina their true and lawful Attomey(s)-in-Fact. each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature .thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bondsand undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 30thday of October 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St, Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc: St, Paul Mercury Insurance Company ; SEAL :e' ,SSSLlJ ,p 19� 1951 JOHN F. PHINNEY, Vice President �a`, twv 4 'v M+ir 1f fi State of Maryland .._ . . / City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 30th day of Oho 2001 before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instr¢inent for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. PEAs�y� I� � A V^'/� AIAI In Witness Whereof, I hereunto set my hand and official seal. POTARy My Commission expires the 13th day of July, 2002. f� �'tbgE � � REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U .S.A. 57 t7lMl Pawl Fi a and Marine Insmamae Compaay United S s Fidelity and Guaranty Company t7ll St Paul Guardian 7nsur =-Cdmpany Fidelity and Guaranty Insumnee Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St Paul Medical Liability Lwaraum Co n9rany Bond No. N/A RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the `Act") . No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond , and is effective the date of the bond . You should know that , . effective November 26 , 2002 , any losses covered by the attached bond that are caused : by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula , the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage . Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $ 100 , 000 , 000 ,.000 during the applicable period for all . insureds and all insurers combined . In that case , we will not be liable for the payment of any amount which exceeds that aggregate amount of $ 1. 00 , 0009000 , 000 . The portion of your premium that is attributable to coverage for acts of terrorism is $0 .00 . IMPORTANT NOTE : THE COST OF TERRORISM COVERAGE 1S SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. 58 SECTION 00450 PUBLIC ENTITY CRIMES AFFIDAVIT SWORN STATEMENT UNDER SECTION eeeeeeeee 287 . 133 FLORIDA STATUTES , ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS . I . This sworn statement is submitted with Project No . 9219 for EAST GIFFORD STORMWATER IMPROVEMENTS . r� I 2. This sworn statement is submitted by I Ckelr �Y7 r tonJ) aeo, 1 /1 C . whose business address is 33Lm10 d5i T ! ;. ie 14 UTA4 • 1 Setumh t- , Fc.. Sq ,7Y7 and (if applicable) its Federal Identification No . (FEIN ) is 56 - fe]IR 7 $ ag . If entity has no FEIN , include the Social Security Number of the individual signing this swom statement: 3. My name is .ar rq < 'Da1)C. and my relationship to the entity named above is Pres i d gl�n f 4. 1 understand that a " public entity crime" as defined in Paragraph 287 . 133 (1)(g ) , Florida Statutes , means a violation of any state or federal law by a person with respect to , and directly , related to , the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States , including , but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud , theft, bribery, collusion, racketeering , conspiracy or material misrepresentations . 5 . 1 understand that "convicted" or "conviction" as defined in Paragraph 287 . 133 (1 )(b ) , Florida Statutes , means a finding of guilt or a conviction of a public entity crime , with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1 , 1989 , as a result of a jury verdict, non jury trial , or entry of a plea of guilty or nolo contendere . 6 . I understand that an "affiliate" as defined in Paragraph 287 . 133( 1) (a ) , Florida Statutes , means : a . A predecessor or successor of a person convicted of a. public entity crime ; or b . An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime . The term "affiliate" includes those officers , directors , executives , partners, shareholders , employees , members and agents who are active in the management of an affiliate . The Ownership by one person of shares constituting a controlling interest in another person , or a pooling of equipment I or income among persons when not for fair market value under an arm 's length agreement, shall be a prima facie case that one person controls another person . A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate . 7 . 1 understand that a "person" as defined in Paragraph 287 . 133 (I )(e) , Florida Statutes , means any natural person or entity organized under the laws of any state of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers , directors , executives , partners , shareholders , employees , members and agents who are active in management of an entity. 00450 - Public Entity Crimes Affidavit 00450 - 1 F:1Public WorksWwMM%Stormwater ProjectsWord awfiConstruWan ContractOdding 6 Contract DoaamentsOdd rig a Contract Dowment %00450 - Public Entity Crimes 59 Aflidavit.doc Rev. 05MI 8 . Based on information and belief, the statement which I have marked below is true in relation Ito th entity submitting this sworn statement. (Please indicate which statement applies ) . Neither the entity submitting this sworn statement, nor any officers , directors , executives , partners , shareholders , employees , members or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I , 1989 . The entity submitting this swom statement, or one or more of the officers , directors , executives , partners , shareholders , employees , members or agents who are active in management of the entity, or an affiliate of the entity has been charged with , and convicted of, a public entity crime subsequent to July 1 , 1989 , and ( Please indicate which additional statement applies) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida , Division of Administrative Hearings . The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) The person or. affiliate was placed on the convicted vendor list. There has. been a subsequent proceeding before a hearing officer of the State of Florida , Division of Administrative Hearings . ,The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. ( Please attach a copy of the final order) mmmmmmm'The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by, or pending with , the Department of General Services ) Signa re : Date: 5m , 7 , 0 '3 STATE OF Irf or 16oQ COUNTY OF 1' o r fi t n Personally appeared before me , the undersigned authority, 1 0rr � who after first being swom by me ; affixed his/her signature in the space provided above on this 11 day of MAy , 20 03 . " w ANMINETTE rokool .32llc, sWa issior{6 (800-t:_ - 1 F7e�da tary « * *WWWWWWW END OF SECTION 00450 - Public Entity Crimes Affidavit 00450 - 2 F*iPW[c WorksWAothmlSwmfwater Pro}eds%Gfford Ea9C4rNtnx00 + ContractOdding a Contmd D=xnans0ddln9 a Cont-ad Dom ments=450 - PubBc Endty crimes SQ AflidaviLdoc Rev. 05MI SECTION 00452 — SWORN STATEMENT UNDER SECTION 105 . 08 , INDIAN RIVER COUNTY CODE . ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This swom statement is submitted with Bid , Proposal or Contract No. 9219 for EAST GIFFORD STORMWATER IMPROVEMENTS . f , - 1 . This swom statement is submitted by: b , Gkef w f:� ( OF , Aa- 1 Inc, � �� � � � me of entity, submitting sworn statement) Whose business address is: '(�(Na� �i �. t,V St L 3 `f 99 7 and (if applicable) its Federal Employer Identification Number ( FEIN ) is (if the entity has no FEIN , include the Social Security Number of the individual signing this sworn statement )• b CLA 2. My name is �'- ar r `'� (Please print name of individual signing) and my relationship to the entity named above is wreni At V) 1 3 . 1 understand that an "affiliate" as defined in Section 105 . 08 , Indian River County Code , means : The term "affiliate " includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 4 . 1 understand that the relationship with a County Commissioner or County employee that must be disclosed is as follows * . Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father4n4aw, mother-in- law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, step- father, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, _ half sister, grandparent or grandchild. 5 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swom statement. [Please indicate which statement ap /Neither .] the entity submitting this swom statement, nor any officers , directors , executives , partners , shareholders , employees , members , or agents who are active in management of the entity, have any relationships as defined in Section 105. 08 , Indian River County Code , with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers , directors , executives , partners, shareholders , employees , members , or agents who are active in management of the entity have the following relationships with a County jCommissioner or County employee: 00452 - Swam Statement under Sed. 105.08 Indian River County Code on Disdosum-of Relationships 00452 - 1 61 Fiftbtk worksV(aMA lStomnwster PraiectsOffard EasllCoratrudkn ContradlConstrudkn ContradVM52 . swam statement urWar sad. 105.09 b'dw River couvty Cods on D150mire of PAMonshlps doc Rev. 05101- Name of Affiliate Name of County Relationship or Entity Commissioner or employee 1 . 2. 3• 4. 5. 6 . 7. 8. z '.i ..signa Tarr-�j 0 - 7 - o 3 . (date) STATE OF / COUNTY OF Personally appeared before me , the undersigned authority, who after first being swom by me, affixed his/her signature in the space provided above on this day of /rl Ay , 20 03 . Notary Public, State at large -Aii � My Commission Expires : , WbINME as Co emission iR:771 ` END QF. SECTION '4 ExPifes 9i` „; vBonded th(so32.4" 40)4f 00452 - Sworn Statement under Sed 105.08 Indian River County Code on Disclosure of Relationships 00452 - 2 FVub k WorksiKAMW&wm"ter R*&AmGffGrd &3ACanetrudton Cmft M"52 - Swom Statement under Sea Indlarr Rtver County Code Up Z on Oisdosura of R62ean$h1M doc Rev. 0=1 SECTION 00454 - SWORN STATEMENT UNDER THE FLORIDA TRENCH SAFETY ACT THIS FORM MUST BE SIGNED BY THE BIDDER WHO WILL BE RESPONSIBLE FOR THE EXCAVATION WORK ("BIDDER") , OR ITS AUTHORIZED REPRESENTATIVE, IN THE PRESENCE OF A NOTARY PUBLIC AUTHORIZED TO ADMINISTER OATHS , 1 . This Sworn Statement is submitted with Project No. 9219 for EAST GIFFORD STORMWATER IMPROVEMENTS . . T r 2. This Swom Statement is submitted by U 1 (� . r5an I— for I 6a , I�1' C (Legal Name of Entity Submitting Sworn Statement) hereinafter " BIDDER". The BIDDER's address is 5fi1 ta_ rr a F � 34997 BIDDER's Federal Employer Identification Number . ( FEIN ) is JT& - ! #327 rL� 3 . My name is �-- Gt. l� � a � and my relationship to the BIDDER (Pont Name of Individual Signing) is 1 (Position or Title) I certify, through my signature at the end of this Sworn Statement, that I am an authorized representative of the BIDDER. 4 . The Trench Safety Standards that will be in effect during the construction of this Project are contained within the Trench Safety Act Section 553 . 60 et. sea . Florida Statutes and refer to the applicable Florida Statue(s ) and/or OSHA Regulation (s ) and include the "effective date" in the citation (s) . Reference to and compliance with the applicable Florida Statute (s ) and OSHA Regulation (s) is the complete and sole responsibility of the BIDDER. Such reference will not be checked by OWNER or ENGINEER and they shall 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 . o0 6 . The BIDDER has allocated and included in its bid the total amount of $ 1 q � ' , based on the linear feet of trench to be excavated ` over five (5) feet deep , for compliance with the applicable Trench Safety Standards , and intends to comply with said standards by instituting the following specific method (s) of compliance on this Project: The determination of the appropriate method (s ) of compliance is the complete and sole responsibility of the BIDDER. Such methods will not be checked by the OWNER or ENGINEER for accuracy, completeness , or any other purpose . The OWNER and ENGINEER shall have no responsibility to review or check the BIDDER' s compliance with the Trench Safety Standards . 7) The BIDDER has allocated and included in its bid the total amount of $_ N based on . the square feet of shoring to be used for compliance with shoring safety requirements and intends to comply with said shoring requirements by instituting the following specific method (s ) of compliance on this Project: 00454 a Florida Trench Safety Act 00454 - 1 FA Puw1c work MMthm016nm ter "eetmGiBard Easacrostnu0on ContracAmde ing � Centrad Dooumentsadding 3 Contract D0C=Wb100454 - Florida Trendr Safety 63 Act.doc Rev. 05!01 The determination of the appropriate method (s) of compliance is the complete and sole responsibility of the BIDDER. Such methods whim not be checked by the OWNER or ENGINEER for accuracy, completeness or any other purpose . The OWNER and ENGINEER shall . have no responsibility to review or check the BIDDER's compliance with the Trench Safety Standards , 8) The BIDDER, in submitting this bid , represents that it has obtained and considered all available geotechnical information , has utilized said geotechnical information and that, based on such information and the BIDDER Is own information , the BIDDER has sufficient knowledge of the Project's surface and subsurface site conditions and characteristics to assure BIDDER's compliance with the applicable Trench Safety Standards in designing the trench safety system (s ) for the Project. BIDD ( r t� ER: Q { I G Position or TItO - OZ Jr (` � • 5 i a e `) Date: STATE OF r ' O r COUNTY OF Ma f -l- i Personally appeared before me, the undersigned authority, ,oLrry Da�� who after first being swom by me , affixed his/her signature in the space provided above on this 71->✓ day of /YI 0� 1 ; 20 o3* . 17AAAJ�o 1`46tar'�y Public, State at large My. Commission Expires : �'" '°� �IN rtmisslon N D Co DO154l32� p 1641 * * END OF SECTION Expires 9/29/2006 �`w: .. ' fk:rsdad through Assn., Inc. 00454 - Florida Trench Safety Act 00454 - 2 64 FiPuMc WorkslKAML4lSwmvatw projectslGNfard EmMCm*ucdon ContmcMdding 3 Contract 0=ur nt 1S1ddinp & Contract DocturoW00454 - Florida Trench Safety Act.doc Rev. 05401 SECTION 00455 - QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON- RESPONSIBLE 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 be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required . Documentation Submitted with Project No : 9219 Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS 1 . Bidder's Name / Address : { a, t 1, 2 . Bidder's Telephone & FAX Numbers . 7 get 1 3 . Licensing and Corporate Status : `/ S a . Is Contractor License current? e b . Bidder's Contractor License No: C_q�-G o t'F o '77 7 [Attach a copy of Contractor's license to the bid] c. Attach documentation from _ the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers . 4 . Number of years the firm has performed business as . a Contractor in construction work of the type involved in this contract: � q5MYR5 er 5 . What ishe last project OFT S TURF that the firm has completed? n / A )c1 tis 6 . Has the firm ever failed to complete work awarded to you? [if your answer is "yes , then attach a separate page to this questionnaire that explains the circumstances and list the project name , Owner, and the Owners telephone number for each project in which the firm failed to complete the work.] 7 . Has the firm ever been assessed liquidated damages? 0 [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 Owners telephone number for each project in which liquidated damages have been assessed .] 8 . Has the firm ever been charged by OSHA for violating any OSHA regulations ? h J40 [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 .] 00456 - Qualifications Questionnaire ,.. . 00456 - t FAPublic WarksWetthAA6Stornmeter Projectsafford EsstlCenstrudion ContracMdOng & Contract DoasnentAUNdding & Contract Deaunenb100458 - Quati8a8ons 65 Questtonnalre doc Rev. 05101 9 . Has the firm ever been charged with noncompliance of any public policy or rules? Klho [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 wpage 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 : 5 Date of Inspections : LL /i (20 J 14. Name of on-site Project Foreman : �0� � u- < e. Number of years of experience with similar projects as a Project Foreman : f 15 . Name of Project Manager. Number of years of experience with similar projects as a Project Manager. 16 . What is the firm 's bonding capacity? 000 C70Z) 0 - eC, 7 [The remainder of this page was left blank intentionally] 00456 - Qualifications Questionnaire 00456 - 2 ss F'Pubhe workMeithn Mtaffr water Pm*ft%Glfferd Ea$hCw&hJW0n ContradOddm9 a m, Cmftd eoomftOdd1ng a Cordran! poamwft0N5$ - Quaneeaeons flCMi 16 . Complete the following table for SIMILAR projects : Date Contact Person . Name Original Contract Final Contract Name of Project Completed Owner and Telephone Number Amount Amount E09m, 5 (W �I - F D . o. T". 54137$. 35 7 $g . �3 sem A I - Tu,r l � t fTon 776ko LM - o �7 a a , O5 (o 79d :7a olo . O rUa A div - 0a r as iw � " a, o3� • °O �, �l 3, 5 7 � • 310 Oi GA 2� CN I - 10 - o oZ 6Vr ii ie Showrh 07 =7a� a4s - 7 11 jq1 t . 9 oI al. I-IAMMuGt�. 3 � - � - Da �I� MMo ck �A ps Awe . FQ�i; +•1AN 67� (n to . � o _ 7I 900 "aL rekOk S s 00456 - QuaNflcaHons Questionnaire 00456 -� FAPubNe WorksWelthMMomwaler Projecls\Gifford EasttConskucHon ContmefiBldding b Conrad DocumenIMBidding d Conlrad DowrrenW00456 • QualiflcaUuns QuesNomalre.doc Rev. 05101 [NOTE: If requested by the County, the Bidder shall fumish references , and other information , sufficiently comprehensive to permit an appraisal of its abilities as a contractor. 03 (Position or Title) ( Date) * * END OF SECTION f j 00456 - Qualifigtions Questionnaire 00456 F Pub0c W oks%"thMetaffm aler PmjecftXGi ord Eadronstrudon cantadOddmo a Contac QocummtsOddno a contact D=mrwWG45s - Qualiflcadem 68 Questlonnaire.doc Rev. 05101 SECTION 00458 — LIST OF SUBCONTRACTORS The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price , and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids , changes or substitutions will not be allowed unless approved by the OWNER 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 . 9219 for EAST GIFFORD STORMWATER IMPROVEMENTS . Work to be Performed Subcontractor's Name/Address 1 . Design , Installation and Maintenance of Erosion / and Stormwater Pollution Control System e s f f C � . 016) � 3611 -71 x17 7 2. �,c, b ter? Cr�(c-NC ) Eeel GO a c� , N� , r� a 9 3& 3 . G �5 �7 150 20 St , 5tcaN dcr-o I h 4 . 5 . 6 . 7 ' 8 . 9 . 10 . 11 . 12 . 13 . 14 . 1. 5 . 165 17. Note : Attach additional sheets if required . * * END OF SECTION 00458 - Ust of Subcontractors 00458 - 1 4 F-Mh biie Wa dUWthWSW=mtw Pm1eetsOfford EesW4m trudion Ca badOddinq & Contract DocumentsOddinq & Cadmet Doman tsltM58 - Ust of c 9 Subcanftctm doc Rev. 0=1 u The Florida Statutes Page 1 of 1 The 1999 Florida Statutes View Statutes Order Statutes Online Sunshine Print View Title XIV Chapter 205 TAXATION AND Local Occupational License View Entire FINANCE Taxes Chapter 205 . 065 Exemption; nonresident persons regulated by the Department of Business and Professional Regulation . -4f` any person engaging in or managing a business, profession , or occupation regulated by the Department of Business and Professional Regulation has paid an occupational - license tax for the current year to the county or municipality in the state where the person 's permanent business location or branch office is maintained , no other local governing authority may levy an occupational license tax, or any registration or regulatory fee equivalent to the occupational license tax, on the person for performing work or services on a temporary or transitory basis in another municipality or county . In no . event shall any work or services performed in a place other than the county or mi4nicipality where the permanent business location or branch office is maintained be construed as creating= a separate business location or branch office of that person for the purposes of this chapter. Any properly licensed contractor asserting an exemption under this section who is unlawfully requ 'ired . by the local governing authority to pay an occupational license tax, or any registration or regulatory fee equivalent to the occupational license tax, shall have standing to challenge the propriety of the local government's actions, and the prevailing party in such a challenge is entitled to recover a reasonable attorney's fee . History:-S. 32, ch . 92- 203 ; s. 11 , ch . 94-218 ; s . 1484, ch . 95- 147; s. 6, ch . 99-254. TO . i ATTACHED IS COPY OF OUR GC LICENSE AND MARTIN COUNTY OCCUPATIONAL LICENSE FOR ROAD CONTRACTOR _ AND UNDERGROUND UTILITY. http ://www.leg. state.fl .us/citizen/documents/statutes/StatuteBrowser99/index. cf. . ./SEC065 .HT 62/0% 2002- 2003 MARTIN COUNT ORIGINAL : 1.1 ENSQ 971 - 518- 1 i CERT COUNTY OCCUPATIONAL LICENSE PHONE ,f 5611 287- 682 SIC NO V142 t 8I Larry C. O'Steen, Tax Collector, P.O. Box 9013, Stuart, FL 34995 LOCATION: (561 ) 288-5604 3340 SE DIXIE fIW Y 6 MAR 4. CHARACTER COUNITS IN MARTIN C. UU � � '" , ", n` " _ ` PREY YR. S • 0 o LIC. FEE S S . 00 PENALTY S - r 0 S 9000 COL FEE S 4 S _ 0 0 TRANSFERS t 'r 01I:: �; TOTAL 25 . 00 I3ARRY ♦ y �< 27 >. diKa r 5 IS HEREBY LICENSED TO ENGAGE IN THE BUSINESS. PROFESSION OR OCCUAIT$&W-1%.'t . . hl FLORIDA I Id C MlISC . COUTR . ROAD CONTRAC— fi� . ' - A.tJ 1L`I IER LARRY T DALE OF ," '" ,:p 'A B CX 719 AT LOCATION LISTED FOR THE PERIOD BEGINNING ON THE ~�.:,, �'O^,�"'- " STUA RT FL 34995 09 DAY OF SEPTEMBER zoo AND ENDING 5unmER3& 2003 12 02090602 002996 2002- 2003 MARTIN COUNTY ORIGINAL LICENSI99g— g24)- Q1 E CERT COUNTY OCCUPATIONAL LICENSE PHONE I''iAll -? A7- hA 2 SIC NO Qn4A 11 Larry C. O'Steen, Tax Collector, P.O. Box 9013, Stuart; FL 34995 LOCATION; (561 ) 286-5604 33400 SE DIXIE RW `l MAR CHARACTER GflUNTS . iN MARTIN CL``'1� f STs"` • ,�- ,..>'��e���` � PREV YR. S + 00 LC. FEE $ S 4000 PENALTY S S 000 COL FEE $ _. . S 4000 TRANSFERS TOTAL 25 . 00 , -''-` ARRY . IS HEREBY UCENSED TO ENGAGE IN THE BUSINESS. PROFESSION OR OCCUPATIOt *,,,x-'° , . x , • ' /� ISSON' FLORIDA9 INC of UNDERGROUND UTILITY CONTRACT �A i= IER LARRY . T ' DALE :-`80X - 719 AT LOCATION LISTED FOR THE PERIOD BEGINNING ON THE STUART FL ' 34995 09 DAYOF SEPTEMBER 2002 AND ENDING SEPTEI.IeER W. 20 03 12 02090 .6012 , - 00299 7 004564: 7 4 STATE OF FLORIDA DEPARTMENT OF : BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEC# LO20613013t VANMORP �., a. re GENERAL : CONTRACTOR : I�tated : ;'be S'ow' . : 5 ,. CERTIFIED . '[Trader ' thea provisions of: . Chapter* 489 FS . Expiratioa. . date : AUG 31 , 2004 - - 4 . . - IOLE , , LARRY TI3,OJIAS VICKERSON FLORIDI INC 3340 SE DIXIE HWY STUART ' FL 34997 it"F • ' .,:s", ATEB -• 3USII r. . : KIM ' BINKLEY- SUER '. . SECRETARY =; OVE SJR `_-:' DISPLAY AS REQUIRED BYLAW ' 2003 FOR PROFIT ' ""' ORPOR TION UNIFORM BUSINESS AE10ORT ( UBR ) DOCUMENT # F72845 E , 1 . Entity Name of DICKERSON FLORIDA, INC. Principal Place of Business Mailing Address 3340 S.E. DWE HGHWAY P.O. DRAWER 719 P.O. DRAWER 719 MAU R 34995 MAU FL 34995 US 2. Principal Place of Business 3, Mailing Address ��I���1 III! �II�� IIID fUII ��I�� IIII I�III rll��l ILII IIIA �t��I II��I I1 , Suite, Apt. #, etc. -Suite, Apt. #, etc. ❑ CHECK HERE IF MAKING CHANGES City & State City & State 4. FEi NumberApplied For 56-1327509 tl Not Applica. � Country P Coun . Zip Country $8 .75 Additional 5. Certificate of Status Desired L� Fee Required 6. Name and Address of Current Registered Agent 7. Name and Address of New Registered Agent Name DALE, LARRY T 3340 S.E. DWE HIGHWAY Street Address (P. O. Box Number is Not Acceptable) STUART FL 33494 city FL Zip Code 8. The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both , in the State of Florida. t am familiar with, and acce the obligations of registered agent. SIGNATURE sgnWYe, Wed or vied name of registered agent and tine a applicable. (NOTE Regmtemd Agent elgnmwe rocii when reinstating) ogre � . 9. Electi Financing on Campaign $5,,00 May Be " - - Trust Fund Contribution. ❑ Added to Fees 10' OFFICERS AND DIRECTORS 11 . ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 11 TITLE P ❑ Delete TITLE NAME DALE; LARRY T. NAME ❑ Change [3addition STREET ADDRESS 798 POLYNESIAN AVE: NAMSTREE TADDREss CITY-ST-ZIP PT. ST. LUCIE FL CITY- Sr-ZIP TITLE V ❑ Change ❑ Addition C3 Delete TITLE NAME PALLAS, CHARLES W. NAME STREET ADDRESS 2790p COOLIDGE ROAD STREET aDDREss CITY- ST-ZIP Fr. PIERCE FL CRY-Sr- i7P TM.E ❑ Delete NME ❑ Change Additi� D ❑ NAME JOYNER, JOHN Foot STREET ADDRESS 1501 OLD CHARLOTTE HWY STREET ADDRESS CITY-Sr- nP MONROE NO CITY- ST- zIP NAI VP ❑ Change ❑ Additit. NAME MEADE-$RANN, WENDY ❑ Delete � STRREETADDRESS 4101 LOOKOUT COURT STREET ADDRESS CITY-ST- ZIP FORT PIERCE FL 34951 CITY- ST- ZIP TITLE VPTITLE ❑ Change Additir NAME BARRILE, BERNARD ❑ Delete NAME C3 STREETADDRESS 421 DEWBERRY TERRACE STREET ADDRESS QTY- ST-aP JENSEN BEACH FL 34957 cm=Sr-nP ITrLE VP . ❑ Delete TRLE ❑ Change ❑ .AdditiL 0-ME HEIIIAR LARRY D JR IM STREET ADDRESS 1082 SW LONGFELLOW ROAD STREET ADDRESS -� - ST-ZIP PORT SAINT LUCIE FL 34953 crnr- sr. zlP 12. I hereby certify that the information supplied with this filing does not qualify for the exemption stated in Section 119.07(3)(1), Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my signature shall have the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears in Block 10 or Block 11 V changed , or on an attachment with n address• with al other like empowered. SdCaNATJRE :4 `AWRY T Lw �6 f+ GL3 77a d � - A FLORIDA DEPARTMENT OF STATE Ken Detzner Secretary of State January 28 , 2003 DICKERSON FLORIDA, INC. P.O. DRAWER 719 STUART, FL 34995 US SUBJECT : DICKERSON FLORIDA, INC . DOCUMENT NUMBER: F72845 In compliance with the request on your 2003 Annual Report/Uniform Business Report, the certificate of status for the subject corporation is enclosed. Should you have any questions regarding this matter, please telephone ( 850) 488 - 9000 . Division of Corporations r 73 Division of Corporations - P . O . BOX 1500 - Tallahassee , Florida 32302 1 -M I - - -- - SOC y®� ii 40 0 - 40 VF 40 as • jai � a as ■ • - - • . • • � ' • • ' 1 � s �•C 40SOC • • • • • _ . - . • - • - • - - • • • . - • • yam • : t 0-C yam 416 -C 40 40 40 1p s � DR • - - • • • - 11 • . . • - - • • • • u • - • • D s • 40 40 � 40 ie a 4p � •C 40 • . 40 , •� �--. . - • - • • • • • • • I MI ' •. I 1 : .< dT s � JOac � a 3'vp �i #r .r '""'I 'e,�,z���.. �+u`'�;z£if:.�.0 cGn"a'4.».r?'�`��tT `'Y.:r-•'Y �� ��u+>n 'fi.%�. .�xd ax�"''`1« bhr'� :.sxq .t � m.S;^,`u ��' ' w...,t�` f Ney, - r r ,}•a y ry N i `C f t ,3 .' .S, coL I� P +W q 1 .i. tC $ ..^ rt �` '� ll z,. r M, k s I LL� IL 11 11-111. ILI L "i � ,at salrw �amiu �iZ0 • �l'ILL ILI x.n r3 ,n p^d' 'L ; ILI 'S.n �.. `fA e" .s-. eu+x.A• .. wf r' ?'S�✓ l Y# - -b, 11 S LYPi Jat «vurf' iSi' «.0 R t t FILLI.' ILI .' J 1 ,V 'tY .}e 4 b t +t 5 c sem' LLL r •� '•# t Y 7 01 Eel • • • tr • i • � • 4 • 11 rr ' 1 oil gets 1 goof / 1 • • CM) CW14 WA • 1 • . 1 1 . 0 r • . 1 ' 111 Lei w mmi G=— Pat 11 • 1 • 1 • • a • • 1W • • 1 1 • • • • Division • Corporations Page 2 o , - • 1 • :I 1. 4101 LOOKOUTCOURT FORT PIERCE BARR1LEBERNARD 421 DEWBERRY TERRACE VP JENSEN 1:11 ICI' LARRY • JR Ej 1082 SW LONGFELLOW • • VP PORT SAINT1 Annual Reports Intangible. 1 1 1 Date Report 11 03/05/2001 , 200'2 0811V2002 11 01/2V200 lijiK,4 j-Y ^C� �S _ No Events No Name Ffistory Infonnation Document Images Listed below are the n* nages available for this filings 01 /23/2003 • • REPIUNIFORM BUS REP 08/15/2002 COR - ANN REPIUNIFORM BUS REP 03/05/2001 ANN REPAJN1 1 ' 111 ANN REPAJNIFORM BUS REP 03/05/ 1999 04/01/ 1998 - ANNUAL REPORT 03/2ANNUAL1/1997 REPORT M6/1996• • . . . • ANNUAL REPORT THIS ISNOT OFTICIAL RECORD ; 1 / CUM[ENTS IF QUESTION OR CONFLICT fY 3v`!^+'� D� Yil' J G .� ! 'HF rc+.w ki-a. a-�e„�'.i urxLd��Ew asi •u..vT a�i+..•r L G .y'ei u+w. � v 1 • • • - - - • 8 ' &M • 1011 &1 ' • ' • & , t SECTION 00520 - AGREEMENT 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 DICKERSON FLORIDA, 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 Contractor shall construct a stormwater collection , conveyance , and detention system (6 ± acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track . It shall also construct a stormwater collection and conveyance system in the western right-of-way of U . S . Highway No . 1 . Stormwater runoff will drain into concrete drainage structures and it will be conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . ARTICLE 2 = THE PROJECT 2001 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 : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43rd Street, north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District. ARTICLE 3 — ENGINEER 3 . 01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative , assume all duties and responsibilities , and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents , ARTICLE 4 - CONTRACT TIMES 4 . 01 Time of the Essence A. All time limits for Milestones , if any, Substantial Completion , and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4 . 02 Days to Achieve Final Completion and Final Payment 00520 - 2 00520 - Agreement (Public Works) F:\Public Works\Keithbt\Stonrnvater Pro)ects\Gifford EasflConsWetion Contracl\Btdding & Contract Documents\Bldding & Contract Document5100520 - Agreement (Public Works).doc Rev. 05/01 r A. The Work will be fully completed ( Final Completion ) and ready for final payment in ' accordance with paragraph 14. 07 of the General Conditions (and Supplementary Conditions if applicable) on or before the 180th day after the date when the Contract Times commence to run as provided in paragraph 2 . 03 of the General Conditions (and Supplementary Conditions if applicable ). 4 . 03 Liquidated Damages rA. 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 (and Supplementary Conditions if applicable) . 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 $ 100. 00 for each calendar day that expires after the time specified in paragraph 4 . 02 for Final Completion , until the Work is finally complete 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: BASE BID = $ 849 , 853 . 56 ALTERNATE BID ITEM NO . 7 . 01 = ($ 161 . 000 . 00) deduct TOTAL AMOUNT OF CONTRACT = $ 6889853 . 56 Numerical Amount: $688 , 853 .56 Written Amount: Six hundred eighty-eight thousand, eight hundred fifty-three dollars and gfty--six cents ARTICLE 6 - PAYMENT PROCEDURES ' 6 . 01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions (and Supplementary Conditions if applicable ). Applications for Payment will be processed by ENGINEER as provided in the General Conditions (and Supplementary Conditions if applicable) . 6 . 02 Progress Payments, Retainage ' A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment at intervals not less than once each month during performance of the Work as provided in paragraph 6 . 02 .A. 1 below. All such payments will be measured by the schedule of values established in paragraph 2 . 07 .A of 00520 - Agreement (Public Works) 00520 - 3 F:\Public WorksUCeithM\Stomnvater Projects\Gifford East\Conslruetion ContreellBidding bContract Doeuments\Bldding 8 Contract Doeuments\00520 - Agreement (Public Works).doc Rev. 05/01 1 the General Conditions (and Supplementary Conditions if applicable) (and in the case of Unit Price Work based on the number of units completed ) or, in the event there is no schedule of values , as provided in the General Requirements : 1 . Progress payments will be made in an amount equal to the percentage indicated below but, in each case , less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold , in accordance with paragraph 14 . 02 of the General Conditions (and Supplementary Conditions if applicable): ' a . Ninety percent (90%) of Work completed (with the balance being retainage); and b. Eighty percent (80%) of cost of materials and equipment not incorporated in the ' Work but stored on the Project site (with the balance being retainage) . 6 . 03 Final Payment ' A. Upon final completion and acceptance of the Work in accordance with paragraph 14 . 07 of the General Conditions (and Supplementary Conditions if applicable) , OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14. 07 . ARTICLE 7 = INDEMNIFICATION 7 . 01 CONTRACTOR shall indemnifyOWNER, ENGINEER and others in accordance a with paragraph 6 . 20 (Indemnification) of the General Conditions (and Supplementary Conditions if applicable) to the Construction Contract. ARTICLE 8 as 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 , Be CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general , local , and Site conditions that may affect cost, progress , and performance of the Work. C . CONTRACTOR is familiar with and is satisfied as to all federal , state, and local Laws and Regulations that may affect cost, progress , and performance of the Work. D . CONTRACTOR has carefully studied all : ( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4. 02 of the General Conditions and (2) reports and ' drawings of a Hazardous Environmental Condition , if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . 00520 - 4 00520 - Agreement (Public Works) F:\Public Works\KelthM\Stomnvater Projects\GMFord East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documentsl00520 - Agreement (Public Works).doc Rev. 05!01 E . CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations , investigations, explorations , tests , studies , and data concerning conditions (surface , subsurface , and Underground Facilities) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect ' of the means , methods , techniques , sequences , and procedures of construction to be employed by CONTRACTOR, including applying the specific means , methods , techniques , sequences , and procedures of construction , if any, expressly required by the ' Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto ' 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 beerformed b OWNER and P Y others at the Site that relates to the Work as indicated in the Contract Documents , H . CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site , reports and drawings identified in the Contract Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Contract Documents . I . CONTRACTOR has given ENGINEER written notice of all conflicts , errors , ambiguities , or discrepancies that CONTRACTOR has discovered in the Contract Documents , and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J . The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9 . 01 Contents A. The Contract Documents consist of the following : 1 . This Agreement (pages 00520- 1 to 00520-8, inclusive) ; 2 . Section 00610 - Performance Bond (pages 00610- 1 to 00610-5, inclusive); 3 . Section 00612 - Payment Bond (pages 00612- 1 to 00612-5 , inclusive); ' 4 . Section 00700 - General Conditions (pages 00700- 1 to 0070045 , inclusive) ; 5 . Section 00800 - Supplementary Conditions (pages 00800- 1 to 00800- 14 , inclusive ) ; 6 . Specifications as listed in the Table of Contents of the Project Manual ; 7 . Drawings consisting of sheets numbered 1 through 9 , inclusive, with each sheet ' bearing the following general title : "GIFFORD STORMWATER PROJECT"; 8 . Addenda (numbers 1 to 2 , inclusive); 9 . Exhibits to this Agreement (enumerated as follows): 00520 - Agreement (Public Works) 00520 - 5 F:\Public Works\KelthMlStonrrlrater Projects\Gifford East\Construction ContraeQBidding 8 Contract Doeuments\Bldding & Contract Documents\00520 - Agreement (Public Works).doc Rev. 05101 ' a . Section 00550 - Notice to Proceed (page 00500- 1 ) ; b. Section 00310 — Bid Form (CONTRACTOR's Bid) (pages 00310A to 00310-9 , ' inclusive); c. Section 00450 — Sworn Statement Under Section 287. 133, Florida Statutes , on Public Entity Crimes (pages 00450-1 to 00450-2 , inclusive) ; d . Section 00452 - Sworn Statement Under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships (pages 00452- 1 to 00452-2 , inclusive); e . Section 00454 - Sworn Statement Under the Florida Trench Safety Act (pages ' 00454- 1 to 00454-2, inclusive) ; f. Section 00456 — Qualifications Questionnaire (page 00456- 1 to 004564 , inclusive ) ; ' g . Section 00458 — List of Subcontractors (page 00458- 1 ) ; h . Section 00622 — Contractor's Application for Payment (pages 00622- 1 to 00622-6 , inclusive ) ; i . Section 00632 — Contractor's Final Certification of the Work (pages 00632- 1 to 00632-2 , inclusive) , j . Section 00634 — Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634- 1 ) ; ' k . Section 00640 — Certification Regarding Debarments , Suspension , Ineligibility, and Voluntary Exclusion — Lower Tier Federally Funded Transactions (pages 00640- 1 to 00640-3 , inclusive) , I . Section 00642 - Release of Claims by Contractor on EPA Subagreement ( page 00642- 1 ) ; m . Section 00644 - Disclosure of Lobbying Activities (pages 00644A to 00644-2 , inclusive ) ; n . Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive) ; 10 . The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a . Written Amendments ; b . Work Change Directives ; ' c. Change Order(s) , Be The documents listed in paragraph 9. 01 .A are attached to this Agreement (except as ' expressly noted otherwise above) . 00520 - 6 00520 - Agreement (Public Works) ' F:\Publlc WorkslKelthtvt\Stomnvater Projects\Gifford East\Construdlon Contraet\Bidding 8 Contract Dowments\Bidding & Contract Documents\00520 - Agreement (Public Works).doc Rev. 05/01 C . There are no Contract Documents other than those listed above in this Article 9 . ' D . The Contract Documents may only be amended , modified , or supplemented as provided in paragraph 3 . 04 of the General Conditions (and Supplementary Conditions if applicable). ARTICLE 10 - MISCELLANEOUS ' 10. 01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions ' (and Supplementary Conditions if applicable) . 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, itsartners successors assigns ,gns , and legal representatives to the other party hereto, its partners , successors , assigns , and legal representatives in respect to all covenants, agreements , and obligations contained in the Contract Documents . 10 . 04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken , and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof With a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision . 10 . 05 Venue A. This Contract shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or, in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . ' (The remainder of this page was left blank intentionally] 00520 - 7 00520 - Agreement (Public Works) F:\Public WorksVCeithM\Stomwvater ProJeilslGitford East\Construetlon Contrail\Blddinp & Contract Documentsl8idding & Contract Doeuments\00520 - Agreement (Public Works).doc Rev. 05MI t 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 % , 200 (the date the Contract is approved by the Indian River County Board of County Commissioners , which is the Effective Date of the ' Agreement) . OWNER. .t?? CONTRACTOR: INDIAN RIVER COUNTY ` 3 DICKERSON FLORIDA, INC ' By: . Kenneth R. acht, Chairman ontractor r-A/G�e � c<, Q�s � nCNT B ?mes S' ,.�-��- RATE SEAL) E . Chandler, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFI NCY: By: arian Fel , Assis County A orney Address for giving notice : ' STwl9 (C'r3N 94 5 Jeffrey K. Barton , Clerk of Court License No. C GG �Dy7 q 7 Attest'(a4Z , . (Where applicable ) Deputy Clerk (SEAL) Agent for service of process : Designated Representative : Designated Representative : ' Name : William Keith McCully, P. E . , Esq . Name: Title : Indian River County Stormwater Engineer Title : 1840 25th Street Addr ' Vero Beach , Florida 32960 yo Sc Nx se (772) 567-8000 , ext. 1562 r Facsimile : (772) 778-9391 Phone : I 4c:;r ' Facsimile : 77;� a, 77 - 9/ 9 ( If CONTRACTOR is a corporation or a partnership , attach evidence of authority to sign . ) ' Indian River County Approved +Dat OF SECTION Administration Q " v3 ' Budget / 3 Co . Attorney Risk Management ' Department Division Pq ' 00520 8 00520 - Agreement (Public Works)- F:\Public Works\KelthM\Stomruuater ProJectslGifford Easl\Construction Contrad\Bldding & Contract DocumentslBidding 8 Contract DocumentsW0520 - Agreement (Public Works).doc Rev. 05101 SEABOARD SURETY COMPANY PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F. S . Chapter 255 .05( 1 )(a) BOND NO . : SS2764 CONTRACTOR NAME : Dickerson Florida, Inc . CONTRACTOR ADDRESS : P . O . Drawer 719 Stuart, Florida 34995 CONTRACTOR PHONE NO . : 772 287-6820 SURETY COMPANY : Seaboard Surety Company 5801 Smith Avenue Baltimore, Maryland 21209 SURETY AGENT : Surety Agency, LLC 20 South Spruce Street, Suite 301 Asheville, N . C . 28801 SURETY AGENT PHONE NO . : (828 ) 236- 1000 OWNER NAME : County of Indian River, Florida OWNER ADDRESS : 1840 25th Street Vero Beach, Florida 32960-3365 OWNER PHONE NO . : 561 /567-8000 OBLIGEE NAMEvf contracting entity is different from owner,the contracting public entity) OBLIGEE ADDRESS : OBLIGEE PHONE NO . . BOND AMOUNT: $688 , 853 . 56 CONTRACT NO . : (tfapplicable) DESCRIPTION OF WORK : Construction of a Stormwater collection conveyance and detention system in the poorly drained area west of the Florida East Coast Railroad track and in the western right of way of US Hiway 1 PROJECT ADDRESS : U . S . Highway 1 , Western Right of Way Indian River County, Florida LEGAL DESCRIPTION : East Gifford Stormwater Improvement Bid # 5065 Indian River County Florida FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be pre-printed thereon 1 t , SECTION 00610 - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. BY THIS BOND , we Dickerson Florida , Inc. 3340 S . E . Dixie Highway Stuart. Florida 34997 772/287-6820 , as Principal (Contractor), (Insert name, principal business address, and telephone number of Principal/Contractor) and Seaboard Surety Company 5801 Smith Avenue Baltimore , Maryland 21209 410/205-3000 , a corporation, as Surety, (Insert name, principal business address, and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida (Owner) , 1840 , 25th Street, Vero Beach, Florida 32960, (772-567-8000 ) , In the sum of Eight hundred sixty one thousand sixty six dollars and 95/ 100 Dollars ($.861 . 066 . 95) , amounting to 125% of the total bid price . For the payment of said sum we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, for the faithful performance of a certain written Contract , dated the 20th day of May , 201a, entered into between the Principal and the County of Indian River, for. Bond Number: SS2764 Project Name: EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43rd Street, north of South Gifford Road (41st Street) , west of U . S. Highway 1 , and east of the Indian River Farms Water Control District, Project Description : The Contractor shall construct a stormwater collection , conveyance , and detention system (6 ± acre wet pond) in a poorly drained area west of the Florida East Coast Railroad track. It shall also construct a stormwater collection and conveyance system in the western right-of-way of U . S. Highway No. 1 . Stormmter runoff will drain into concrete drainage structures and it Will be conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation . Authority. Other permitting authorities include St Johns River Water Management District and the Florida Department of Transportation . A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied herein . 4/ 11 /03 PERFORMANCE BOND — ADDENDUM #1 00610-1 FAPublic worksWeithLAStormaater ProlectslGifford EastlConstiuction ContractOdding & Contract DocumentslBidding & Contract Documents\00610 - Perbrmance Bond - ADDENDUM #1 .doc 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 entiretyby this reference . 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 hire 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 voids otherwise, the Principal and Surety, jointly and severally, agree to pay the County of Indian River any difference between the sum that the County of Indian River may be obliged to pay for the completion of said Work, by contract or otherwise , and any damages , whether direct, indirect, or consequential , including reasonable attomey'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 theywill amply and fully protect the County of Indian River against, and will pay any and all amounts , damages , costs and judgments , including reasonable attomey fees (including appellate proceedings) 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 , orthe infringements of any patent rights by reason of the use of any material furnished or work done , as aforesaid or otherwise . Principal and Surety expressly acknowledge that any and all provisions relating to . liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond . AND , the said Surety, forvalue received , hereby stipulates and agrees that no change, extension of time , increase in the Contract price , alteration or addition to the terms of the Contract orto 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 Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide, General Policy Holders Rating of "A" and Financial Size Category of Class 'X" . 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. 4/11 /03 PERFORMANCE BOND — ADDENDUM #1 00610-2 F%Public Works%KeithM%StormueterProjectslGifford EasflConstruction ContractSidding & Contract DocumentskBi riding & Contract Documepts100610 - Perbrmance Bond - ADDENDUM #1 doc 1 t , AND the Surety shall issue a consent of payment to each of the Principal 's pay requests . AND , in the event of a default by the Principal , the Surety consents that the Principal shall not be allowed to perform further work on the Project. AND , the Surety agrees that it is responsible for all delay damages resulting from the Principal's performance on the Contract. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this 20th day of May , 2003 , 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. 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 [The remainder of this page was left blank intentionall)d 4/11103 PERFORMANCE BOND — ADDENDUM #1 00610-3 RNPublic WodcslKeithhAStorrmnater Projectslaifford Eashconstruction ContractOdding & Contract DocumentABIdding & Contract Documents100610 - Performance Bond - ADDENDUM #1 .doc WHEN THE PRINCIPAL_ IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME: Signed , sealed and delivered in the presence of. Witness Name of Entity B%e Address Principal Printed Name of Principal Witness (SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Owwwwwommm Signed , sealed and delivered In the presence of Witness Name of Partnership BY: Address Partner Printed Name of Partner Witness (SEAL) Address [The remainder of this page was left blank intentionally] 4/11 /03 PERFORMANCE BOND — ADDENDUM #1 006104 F:1Pubiic WorkS%KelthM%Stormwater Projects%word EashConstruction ContractOdding & Contract DocumentslBidding & Contract Documents\00610 = Performance Bond - ADDENDUM #1 doe • , WHEN THE PRINCIPAL IS A CORPORATION : Attest: Dickerson Florida , Inc. Secr Ty Bernie Barrile Name of Corporation 0?"- La 6-1)Dale9 Preside (Afix Corporate SEAL) Larry T . Dale Printed Name President Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I Bernie Barrile , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , arr » T . Dale , who signed the said bond on behalf of the Principal was then President of said corporation : that I know his signature , and his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by a • • . ps governing body. wor Se « eta Bernie Barrile (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: Seaboard Surety Company Secretary Corporate Surety 5801 Smith Avenue , Baltimore , Maryland 21209 Business Address , BY: l Lt Jt Q l( /K� LAS{ Vt • (Aix Corporate SEAL) Karen K . Beard , Attorney- in- Fact Richard M . La Rue , Jr. Attorney- In- Fact Florida Licensed Resident Agent 4/ 11 /03 PERFORMANCE BOND — ADDENDUM #1 00610-5 F:1Pubiic Works\KeithM\Stommater Projects\Giford East\Construction ContractlRidding & Contract Documents1Bidding & Contract Documents100610 - Perbrmance Bond - ADDENDUM #1 .doc " Inquiries 828/236- 1000" Surety Agency, LLC Name of Local Agency 20 South Spruce Street , Suite 301 , Asheville , North Carolina Business Address 28801 North Carolina STATE OF FtS WX COUNTY OF INOW1 1 OM Buncombe Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared Karen K . Beard , to me well known , who being by me first duly swom upon oath , says that he is the attorney in-fact for the seaboard Surety Company and that he has been authorized by Seaboard Surety Company, to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida . Subscribed and sworn to before me this .29a day of May , 20 03 a �uw&*M� a AA # Q Notary Public, State of RNAworth Carolina Susan R . Fussell My Commission Expires : September 22 , 2007 Any claims under this bond shall be addressed to : Name and address of Surety. Surety Agency, LLC 20 South Spruce Street . Suite 301 Asheville , North Carolina 28801 Name and address of agent or representative in Florida if different from above, Richard M . La Rue , Jr. Sellers Kuykendall , LLC 1560 Orange Avenue Winter Park . Florida 32789 Telephone number of Surety and agent or representath a in Florida: ( 4n7 ) 894 - 5431 * * END OF BOND 4/11 /03 PERFORMANCE BOND — ADDENDUM #1 0061016 F:1Public WcrkslKefthM\Stomw*ater ProjectMG11ord EastNConstruction ContrachBidding & Contract Documents%Bldding & contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc *##***#*#�FIMk*********##fk**** Note: This Bond shall be recorded by the Principal in the Public Records of Indian River County, Florida . A certified copy of the recorded Bond must be provided to Indian River County before a Notice4o-Proceed will be issued for the Project. * * .END OF SECTION 4/11 /03 PERFORMANCE BOND — ADDENDUM #1 006104 R\PubpcworksWeithWStnrmneter ProjectslGlfford East%Construction ContracABidding & Contract DocumentsOdding & Contract Documents100610 - Performance Bond - ADDENDUM #1 .doc ♦ 4 1 SECTION 00612 - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we Dickerson Florida , Inc. 3340 S E Dixie Highway Stuart, Florida 34997 772/28776820 , as Principal (Contractor), (insert name , principal business address, and telephone number of Principal/Contractor) and _ Seaboard Surety Company 5801 Smith Avenue Baltimore Maryland 21209 410/205-3000 , a corporation , as Surety, ( Insert name, princl'pal business address , and telephone number of Surety) are held and firmly bound unto the County of Indian River (Owner) , Florida , 1840 , 25th Street, Vero Beach , Florida 32960 , (772-567-8000) 1 in the sum of six hundred eighty eight thousand eight hundred fifty three dollars and 563Nlars ($. 688 , 853 . 56 } , 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 20th day of May , 20.a, entered into between the Principal and the County of Indian River, for: Bond Number. SS2764 Project Name: EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43"d Street, north of South Gifford Road (41 st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District. Project Description : The Contractor shall construct a stor water collection , conveyance, and detention system (6 ± acre wet pond) in a poorly drained area west of the Florida East Coast Railroad track. It shall also construct a stormwater collection and conveyance system in the western right-olway of U .S . Highway No . 1 . Stormwater runoff will drain into concrete drainage structures and it Will be conveyed by concrete pipe . The Work also inciddes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . 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 4/09/03 PAYMENT BOND — ADDENDUM #1 00612- 1 F:1Public WorksWelthMlStormveter Projects% afford EashConstruction ContrachBidding & Contract Documents\Bidding & Contract Documents100612 - Payment Bond - ADDENDUM #1 doe 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 directiyor Indirectly by Principal in the prosecution of the Work provided for in the Contract. 2 . Florida Statutes Section 255 .05 (2002) , as amended tom time to time , together with all notice and time pro%isions contained therein , is incorporated herein in its entirety by this reference . The Surety, for value received , hereby stipulates and agrees that no change , extension of time , Increase in Contract price , alteration of or addition to the terms of the Contract or to the Work to be performed thereunder or to the Drawings or Specifications applicable thereto, shall in anyway affect Its obligations on this Bond , and the Surety herebywaives notice of any such change , extension of time, alterations of or addition to the terms of the Contract, orto the Work or to the Specifications or to the Drawings. 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 "k'. 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 , thatthe County of Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF, the above bound parties executed this instrument under their several seals , this 20th day of May , 20.0, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative , pursuant to authorityof its governing body. [The remainder of this page was left blank intentionally 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-2 F.Tublic WorksUCeithM%Sbormweter Prolactskgfford Easaconstruction ContrachBidding & Contract DocumentsOdding & Contract DocumentMG612 - Payment Bond - ADDENDUM *1 .doe 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 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of Witness Name of Entity BY- Address Principal Printed Name of Principal Witness (SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP: Signed , sealed and delivered in the presence of Witness Name of Partnership BY: Address Partner 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-3 F:1Public WorksWelthM\stormv►ater Prolects\Gifford EastlConstruction ContrachBidding & Contract DocumentsOdding & Contract Documents100612 - Payment Bond - ADDENDUM #1 .doc Printed Name of Partner Witness (SEAL) Address WHEN THE PRINCIPAL IS A CORPORATION : Dickerson Florida , Inc . Se6retary Bernie Barrile ;Narne of C poration : (Aflx Corporate SEAL) Larry T . Dale Printed Name President Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I Bernie Barrile , certify that I am the Secretary of the corporation named as Principal in the within bond , that Larry T . Dale who signed the said bond on behalf of the Principal was then President of said corporation : that I know his signature, and his signature thereto is genuine, and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation bya on is governing body. Secretary Bernie Barrile (SEAL) [The remainder of this page was left blank intentionally] 4/09/03 PAYMENT BOND — ADDENDUM #1 006124 RIPublic WorksWeithM\Stormwetsr Projects\Gifford EasflConsh rIon ContractOdding & Contract DocumentslBidding & Contract Documents100612 - Payment Bond - ADDENDUM #1 .doa 1 TO BE EXECUTED BY CORPORATE SURETY: Attest: '§"' ' 4u Seaboard Surety Company Secretary Corporate Surety _ 5801 Smith Avenue Baltimore , Maryland 21209 Business Address BY: LOkk I ( a Karen K. Beard , Attorney- in-Fact (Ax Corporate SEAL) Karen K . Beard Attorney-In-Fact Surety Agency, LLC Name of Local Agency 20 South Spruce Street , Suite 301 , Ashevilleor h Carolina Business Address North Carolina STATE OF FIRWEW COUNTY OF INDt)4a5K1 WHATuncombe Before me, a NotaryPublic, duly commissioned , qualified and acting , personally appeared Karen K. Beard , to me well known who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the Seaboard who ComparWid that he has been authorized by Seaboard Surety Company to execute the foregoing bond on behalf of the CONTRACTOR named therein in favor of the County of Indian River, Florida. Subscribed and sworn to before me this 20th day of May , 20_x•_. o�v�,o•o-Y— Q N to c�f P blic, State of RkKkb orth Carolina Susan t . Fussell My Commission Expires : September 22 , 2007 [The remainder of this page was left blank intentionally] 4/09103 PAYMENT BOND — ADDENDUM #1 00812-5 RIPublic WorksWeithmstommater Pmjects%Gtfford EasAConstruction Contract181dding & Contract DocumentsOdding & Contract Documents100612 - Payment Bond - ADDENDUM #1 .doc 1 ' 1 Any claims under this bond shall be addressed to: Name and address of Surety. Surety Agency LLC C 20 South Spruce Street , Suite 301 Asheville North Carolina 28801 Name and address of agent or representative in Florida if different from above : Richard M . La Rue , Jr, Sellers Kuykendall , LLC 1560 Orange Avenue Winter Park , Florida 32789 Telephone number of Surety and agent or representative in Florida: ( 407. ) 894 - 5431 * * END OF BOND Note: This Bond shall be recorded by the Principal in the Public Records of Indian River County, Florida . A certified copy of the recorded Bond must be provided to Indian River County before a Notice4o-Proceed will be issued for the Project. AAAAAAAAAAAAAAM#A##AAAAAAMMAtktktlr##A#AMAA#!A###M#AftkAA#AM7FAAAAA#Ak#AA#AMA'kAAAAAMAAM#MAA#A*A * * END OF SECTION 4/09/03 PAYMENT BOND — ADDENDUM #1 00612-6 F:1Public Works%KeithMlStormaster ProlectAGlf#ord EashConstruction ContracABidding & Contract DocumentsOdding & Contract Documents%00612 - Payment Bond - ADDENDUM #1 Aoc meSIM ' POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company Power of Attorney No. 22821 Certificate No. 1352882 KNOW ALL MEN BY THESE PRESENTS : That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St . Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc . is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the " Companies "), and that the Companies do hereby make, constitute and appoint Wallace N . Hyde and Karen K. Beard of the City of Asheville State North Carolina their true and lawful Attorney(s)-in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all honds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of perso: ts guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 30th day of Octobe. 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company ,RSy * �tO11ROR ' ♦ O ! YORRl '. P �P o 'g JOHN F. PHINNEY, Vice President %SEAL � pFr.EW f8 ! ' !S•.Ap�L � ry. ......•�,A 1,� ANt ! 1� (vN.'// State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 30th day of October 2001 before me , the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc . ; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies ; and that they, as such , being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. ens�r� AA4 ' �/x � �0 In Witness Whereof, I hereunto set my hand and official seal . a pCr4RY y UBVC My Commission expires the 13th day of July, 2002 . ogE C114 o REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U . S . A. hV1 St Pad Fire and Marine Ina3ninoe Company United States Fidelity and Guaranty Company St Paul Guardian Insurance Company Fidelity and Guaranty Insarsum Company St. Pad Mercary Insurance Company Fidelity and Guarady Insoranm Underwriters, Ing Seaboard Surety Cempaay St. Pad Medical Liability Imuran Company Bond No. SS2763 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act") . No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond . You should know that, effective November 26 , 2002 , any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage . Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured fosses under the Act exceeds $ 100 , 000 , 000 ,000 during the applicable period for all insureds and all insurers combined . In that case , we will not be liable for the payment of any amount which exceeds that aggregate amount of $ 10090009000 ,000 . The portion of your premium that is attributable to coverage for acts of terrorism is .00. IMPORTANT NOTE : THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. SECTION 00610 - PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we as Principal (Contractor), ( Insert name , principal business address , and telephone number of Principal/Contractor) and a corporation , as Surety, ( Insert name , principal business address , and telephone number of Surety) are held and firmly bound unto the County of Indian River, Florida , 1840 , 25th Street , Vero Beach , Florida 32960 , (561 -567-8000 ) 9 in the sum of Dollars ($ ) , amounting to 125 % of the total bid price . For the payment of said sum we bind ourselves , our heirs , executors , administrators and assigns , jointly and severally, for the faithful performance of a certain written Contract, dated the day of , 20_, entered into between the Principal and the Countyof Indian River, for: ' Bond Number: Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43`d Street, north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District. ' Project Description : The Contractor shall construct a stormmter collection , conveyance , and detention system (6 ± acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track . It shall also construct a stormwater collection and conveyance system in ' the western right-of-way of U . S . Highway No, 1 . Stormwater runoff will drain into concrete drainage structures and it wll be conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. ' Johns River Water Management District and the Florida Department of Transportation . A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied herein . ' 5/04/01 PERFORMANCE BOND 00610- 1 FAPublic Works\KeithM\Storm%ater Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond .doc i 1 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 entiretyby this reference . 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 consequential , including reasonable attorney's fees (including appellate proceedings ) , which the County of Indian River may incur as a result of the failure of the ' Principal to properly execute all of the provisions of the Contract . AND , the said Principal and Surety hereby further bind themselves , their successors , executors , administrators and assigns , jointly and severally, that they will amply and fully protect the County of ' Indian River against, and will pay any and all amounts , damages , costs and judgments which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or ' maintenance thereof, or the manner of doing the same , or his agents or his servants , or the infringements of any patent rights by reason of the use of any material furnished or work done , as aforesaid or otherwise . Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . ' Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond . AND , the said Surety, for value received , hereby stipulates and agrees that no change , extension of time , alteration or addition to the terms of the Contract or to the work to be performed thereunder, or the Specifications or Drawings accompanying the same , shall in anyway 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. ' [The remainder of this page was left blank intentionally] ' 5/04/01 PERFORMANCE BOND 00610-2 F:\Public WorksWeithM\Storrnmeter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond .doc IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this day of , 20_, 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. 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 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of ' Witness Name of Entity ' BY: Address Principal Printed Name of Principal Witness ( SEAL ) Address [The remainder of this page was left blank intentionally] ' 5/04/01 PERFORMANCE BOND 00610-3 R\Public WorksVeithM\Stormweter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Perbrmance Bond .doc 1 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 WHEN THE PRINCIPAL IS A CORPORATION : tAttest: ' Secretary Name of Corporation BY: (Affix Corporate SEAL) ' Printed Name ' Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL ' I , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the ' Principal was then of said corporation : that I know his signature , and his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. ' Secretary (SEAL) 5/04/01 PERFORMANCE BOND 00610-4 R\Public Works\KeithM\Storrnmter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Perbrmance Bond .doc TO BE EXECUTED BY CORPORATE SURETY: ' Attest : ' Secretary Corporate Surety Business Address BY: (Affix Corporate SEAL ) tAttorney- in -Fact ' Name of Local Agency ' Business Address STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared ' , to me well known , who being by me first duly sworn upon oath , says that he is the attorne)�-in -fact for the and that he has been authorized by 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 day of , 20 ' Notary Public, State of Florida My Commission Expires : ' [The remainder of this page was left blank intentionally] ' 5/04/01 PERFORMANCE BOND 00610=5 FAPublic Works\KeithM\Stormvater Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond.doc Any claims under this bond shall be addressed to : ' Name and address of Surety. Name and address of agent ' or representative in Florida if different from above : Telephone number of Surety and agent or representative in Florida : �) * * END OF SECTION ' 5/04/01 PERFORMANCE BOND 00610-6 FAPublic Works\KeithM\Storrn%ater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond.doc ' SECTION 00612 - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we as Principal (Contractor) , ' (Insert name , principal business address , and telephone number of Principal/Contractor) and (Insert name , principal business address , and telephone number of Surety) a corporation , as Surety, ' are held and firmly bound unto the County of Indian River, Florida , 1840 , 25th Street , Vero Beach , Florida 32960 , ( 561 -567-8000) , in the sum of Dollars ($ ) , ' 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 day of , 20 , entered into between the Principal and the County of Indian River, for: ' Bond Number: Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS ' County Project Number 9219 Project Address : The project is located south of 43`d Street , north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian ' River Farms Water Control District, Project Description : The Contractor shall construct a storm\nater collection , conveyance , and detention system (6 ± acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track . It shall ' also construct a stormwater collection and conveyance system in the western right-of--way of U . S . Highway No . 1 . Stormwater runoff will drain into concrete drainage structures and it Wil be conveyed ' by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the ' Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . ' 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 ' 5/04/01 PAYMENT BOND 00612- 1 FAPublic Works\KeithM\Stormveter Projects\Gifford EashConstruction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond .doc ' 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 ) 9 supplying Principal with labor, materials , or supplies , used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract. ' 2 . 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 "A7' and Financial Size Category of Class "X" . ' The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River. The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses , damages , expenses , costs , and attorneys fees , including appellate proceedings , that the County of ' Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several ' seals , this day of , 20_, 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. 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 ' 5/04/01 PAYMENT BOND 00612-2 FAPublic Works\KeithM\Storrs ester Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond .doc WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE ' NAME . Signed , sealed and delivered in the presence of Name of Entity tY BY Address Principal Printed Name of Principal ' Witness (SEAL) ' Address 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 ' [The remainder of this page was left blank intentionally] ' 5/04/01 PAYMENT BOND 00612-3 FAPublic Works\KeithM\Storrnmter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond .doc WHEN THE PRINCIPAL IS A CORPORATION : Attest: Secretary Name of Corporation BY: (Affix Corporate SEAL) ' Printed Name ' Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL ' I , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the ' Principal was then of said corporation : that I know his signature , and his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. ' t Secre ary ( SEAL ) ' [The remainder of this page was left blank intentionally] ' 5/04/01 PAYMENT BOND 00612=4 R\Public Works\KeithM\Stormvater Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond .doc TO BE EXECUTED BY CORPORATE SURETY: ' Attest: Secretary Corporate Surety Business Address ' BY: ' (Afix Corporate SEAL) ' Attorney- In- Fact ' Name of Local Agency ' Business Address STATE OF FLORIDA ' COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the and that he has been authorized by 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 day of , 20 Notary Public, State of Florida My Commission Expires : ' [The remainder of this page was left blank intentionally] 5/04/01 PAYMENT BOND 00612-5 FAPublic WorksWeithM\Storm ester Projects\(afford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond .doc Any claims under this bond shall be addressed to : ' Name and address of Surety. 1 Name and address of agent ' or representative in Florida if different from above : 1 ' Telephone number of Surety and - agent or representative in Florida : �) * * END OF SECTION ' 5/04/01 PAYMENT BOND 00612-6 FAPublic Works\KeithM\Storrnmter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond .doc t ti ACORDTM .'T N CERTIFICATE OF LIAY INSURANCE ' °06/02/203 ) PRODUCER 828-236- 1000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SURETY AGENCY , LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 20 S . SPRUCE STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , SUITE 301 ASHEVILLE , NC 28801 INSURERS AFFORDING COVERAGE INSURED INSURER A: ZURICH AMERICAN INSURANCE COMPANY DICKERSON FLORIDA , INC . INSURER B : AMERICAN -GUARANTEE AND LIABILITY INS CO P . O . BOX 719 INSURER C : —_ STUART , FL 34995 INSURER D : INSURER E : COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSRPOLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY PEACH OCCURRENCE $ _ 19000 , 000 - I A rX 1COMMERCIAL GENERAL LIABILITY GLO 3865923 06/01 /03 06/01 /04 FIRE DAMAGE (Any one fire) $ _-_ 1 , 000 , 00_0 ! CLAIMS MADE X OCCUR ! MED EXP (Any one person ) $ 55 , 000 PERSONAL & ADV INJURY $ 1 ,000 , 000 — GENERAL AGGREGATE _$ 2 , 000 , 000 j G�EN'L AGGREGATE LIMIT APPLIES PER : j j PRODUCTS - COMP/OP AGG $ 23000 , 000 j POLICY X^I PRO- JEC, LOC ! I 1 AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT j $ 2 , 000 , 000 A X ANY AUTO BAP 3865924 06/01 /03 06/01 /04 I (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS , (Per person ) l HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraccdent) $ I(�I I I I ! 1 PROPERTY DAMAGE r—y (Per accident) ! $ j 1 GARAGE LIABILITY ! AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC ~ $ AUTO ONLY: AGG ' $ I EXCESS LIABILITY EACH OCCURRENCE $ 25 , 000 , 000 1 B !I, T OCCUR CLAIMS MADE AUC 9374501 00 06/01 /03 06/01 /04 1 AGGREGATE $ 25 ,000 , 000 F— $ — DEDUCTIBLE $ x I RETENTION $ 0 $ WC STAT U- ' OTH- ; i WORKERS COMPENSATION AND I TORY LIMITS I j ER _ I I EMPLOYERS' LIABILITY ! rE . L. EACH ACCIDENT $ _- ! ! I . E . L. DISEASE - EA EMPLOYEE $ _ I I j E . L. DISEASE - POLICY LIMIT $ OTHER I i DESCRIPTION OF OPERA TIONS/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS East Gifford Stormwater Improvements DFI Job # 3349 Certificate Holder is Listed as Additional Insured CERTIFICATE HOLDER ADDITIONAL INSURED ; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Indian River County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 2625 19th Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Vero Beach , FL 32960 - 3335 IMPOSE NO OB ATION OR LIA77 ANY KIND UP HE INSURER, ITS AGENTS OR REPRE4 TIVES. AUTH ED REPRESENTATIV Karen Beard ACORD 25-S (7/97) O ACORD CORPORATION 1988 SECTION 00620 - SAMPLE CERVMATE OF LIABILITY INSURANCE ' CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO ' RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURED COMPANYA • COMPANY B - COMPANY C COMPANY D ' COMPANY E - COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE ACCORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. ' LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE NUMBER DATE MM/DD DATE MM/D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 190009000 A 0 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any One Fire $ 50 ,000 ❑ CLAIMS MADE . ® OCCUR MED. EXP. A One Person $ 5,000 1 PERSONAL & ADV INJURY $ 12000 ,000 ❑ GENERAL AGGREGATE $ 11000 ,000 ❑ PRODUCTS — COMP/OP AGG. $ 11000,000 ❑ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ® ANY AUTO (Ea. Occurrence) $ 1 ,000,000 ❑ ALL OWNED AUTOS BODILY INJURY $ ' [I SCHEDULED AUTOS (Per Person) 0 HIRED AUTOS BODILY INJURY ® NON-OWNED AUTOS (Per Accident) $ 0 PROPERTY DAMAGE $ El ' GARAGE LIABILITY AUTO ONLY — EA ACCIDENT $ ❑ OTHER THAN EA ACC $ i AUTO ONLY AGG $ A EXCESS LIABILITY EACH OCCURRENCE ❑ ❑ CLAIMS MADE ❑ DEDUCTIBLE AGGREGATE $ ' ❑ RETENTIONS $ WORKER'S COMPENSATION AND A EMPLOYER'S LIABILITY ®WC STATUTORY LIMITS ' E.L. EACH ACCIDENT $ 100,000 THE E.L. DISEASE — EA $ 500,000 PROPRIETOR/PARTNERS/ ® INCL EXECUTIVE OFFICERS ARE: ❑ EXCL E.L. DISEASE•POLICY LIMIT $ 1009000 ' OTHER: FULL REPLACEMENT COST BUILDER'S RISK OF THE WORK DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ADDITIONAL INSURED : SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 ' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. FAILURE 1 . INDIAN RIVER COUNTY, FLORIDA TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND 184025 TH STREET, VERO BEACH , FL 32960 UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. 2, FLORIDA EAST COAST RAILWAY COMPANY, L.L.C. AUTHORIZED REPRESENTATIVE ' ONE MALAGA STREET, ST. AUGUSTINE, FLORIDA 32084 + + END OF SECTION + + ' 00620 - Sample Liability Insurance 00620 - 1 F:\Public Works\KeithMlStomwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00620 - Sample Liability Insurance.doc Rev. 05/01 r , Indian River County General Services Department Purchasing Division Date : June 11 , 2003 To : Keith McCully, Stormwater Engineer Public Works Department From : Chad Ehrlich, Staff Assistant IIC � Purchasing Division " Subject : Performance & Payment Bonds for the IRC Bid # 5065 East Gifford Stormwater Improvements Project Enclosed are copies of the Performance and Payment Bonds , along with the Certificates of Insurance for the above reference project . These bonds and certificates of insurance have been reviewed and approved as to form by the Risk Management Department. A l S 0 TWO S >11 11 2c c� o in ' d' a c. � 5 . F :\Purchasing\Bids\2002-2003 FY (5000)\5065 East Gifford Stormwater\5065 Bond Memo to Dept.doc ACORAw CERTIFICATE OF LIABILITY INSURANCEDATE (MMIDDIYY) PRODUCER 06/04/2003 Serial # B1065 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACIG INSURANCE AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE i12272 MERIT DRIVE, SUITE 1 .660 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DALLAS, TX T5251 -0000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURED THE DICKERSON GROUP, INC. INSURER A: ACIGUIIII INSURANCE COMPANY AND DICKERSON FLORIDA, INC. INSURER B: P.O. DRAWER 719 INsuRER c: STUART, FL 34995-0000 INSURER D : I WSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR. THE POLICY PER100 INDICATED. NQTWITHSigNDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO wHfCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 'S HE TERMS , EXCLUSIONS AND CONDITIONS TA SUCH j POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~.SR I t TR I TYPE OF INSURANCE I POLICY NUMBER vOLICY EFFECTIVE vOLICY EJIPIRATK)N GENERAL LIABILITY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any me firs) S CLAIM MADE F7 OCCUR I — I MED EXP (My one pardon) S PERSONAL a AOV INJURY $ GENERAL AGGREGATE I 13 *L AGGREGATE LIMIT APPLIES PER: I S ~, IPF O- LOC PRODUCTS - COMP/OP AGG 5 POLICY f AUTOMOBILE LIABILITY ANY AUTO I aCOMBINED SINGLE LIMIT S ALL OWNED AUTOS SCHEDULED AUTOS P-OOILY INJURY S HIRED AUTOS (Per Derrvon) NON-0WNEDAUTOS BODILY INJURY $ (Per acciCenV PROPERTY DAMAGE I I (per90tiCeny S GARAGE LIABILITY AW. AUTO AUTO ONLY • EA ACCIDENT I S I OTHER THAN EA ACC S � I EXCESS LIABILITY ONLY;A6ILITY AGG S I '_7OCCUR I 17 CLI MADE I EACH OCCURRENCE S AGGREGATE $ F— DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND WCD0300291 /01 /04 WC STATU• OTH. i A EMVLOYERS LIABILITY 06/01 /03 06 I X TOFU LIMITS ER ' E.L. EACH ACCIDENT S 10Q00 000 E,L DISEASE • Fa EMPLOY S 100000000 OTHER I E.L. DISEASE - POLICY LIMIT S 17000 , 000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLESIEXCLUSIONS ADDED BY ENDORSEMENTtSP£CIAL PROVISIONS East Gifford Stormwater Improvements DFI Job # 3349 CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER; CANCELLATION Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T14EEXPIRAI 2625 19th Avenue DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Vero Beach , FL 32960 - 3335 NOTICE TO THE CERMFICATI . HOLDER NAMED TOTHELEFT, BUT FAILUR2TODOSpSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES• A!,ITIRRESENTATIVE ACORD 255 (7/97) ,lrD MAX E . LEWELS oACORD CORPORATION 1998 1 ' BOARD OF COUNTY COMMISSIONERS Public Works Department Stormwater Engineering Division 1840 25TH Street, Vero Beach, Florida 32960 Telephone: (561) 5674000 FAX; (561) 9784806 z � ��LOR1�A ADDENDUM NO, 1 TO THE CONTRACT DOCUMENTS FOR EAST GIFFORD STORMWATER IMPROVEMENTS INDIAN RIVER COUNTY PROJECT NO. 9219 INDIAN RIVER COUNTY BID NO. 5063 ADDENDUM ISSUED APRIL 23, 2003 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct, or change the Bidding Requirements or the Contract Documents . Therefore , it hereby supercedes 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 . Item No. 1 — Replace Section 00610 , " Performance Bond " with revised Section 00610 , attached . Item No . 2 — Replace Section 00612 , "Payment Bond " with revised Section 00612 , attached . Item No . 3 — Replace Section 00622 , "Contractor' s Application for Payment" with revised Section 00622 , attached . Item No . 4 — Disregard Sheets M - 1 , M-2 , and M -3 of the Drawings . That work is not part of this Contract. Item No . 5 — The "Pipe Backfill Detail @ U . S . Hwy. No . 1 " on Sheet 8 of the Drawings shows a 6-inch thick layer of #5 D . O . T. rock on the trench bottom . To prevent the rock from serving as a channel or conduit for the flow of groundwater under the pipe , construct a dam using clayey-silty material across the trench Addendum No . 1 - 1 EAST GIFFORD FAPublic Works\Keithmstormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\Addendum #001 .doc Y width for the height of the rock , at minimum 200-foot intervals along the trench . Item No. 6 Revise paragraph SC4 . 02 . D of the Supplementary Conditions to read : " Reports and drawings itemized in SC-4 . 02 . 0 are not included with the Bidding Documents . Copies may be examined at Indian River County Public Works , 1840 25th Street d7012 Ddot 8499t, Vero Beach , Florida , during regular business hours . These reports are not part of the Contract Documents , ° Item No . 7 — Clarification regarding the last date that written questions will be answered by the ENGINEER : In accordance with Article 7 — Interpretations and Addenda , written questions about the meaning or intent of the Bidding Documents must be received on or before April 28 , 2003 . This is different than the date given in the pre-bid conference . Items No. 8 . a through 8 . 1k, inclusive — The following information is provided in response to questions raised at the April 17 , 2003 Pre-Bid Conference : 8 . a . Question : The 324nch diameter casing pipe under the railroad crossing is an oddball size. Can another, more standardized casing pipe size be used? Answer: Per the Carter Associates , Inc . design engineer, a 32 -inch diameter casing pipe is the minimum acceptable size . To avoid possible delays brought about by requesting F . E . C . Railroad approval of a larger casing size , the permitted 32-inch diameter casing pipe shall be used . 8 . b. Question: Does the paving detail that appears on Sheet 8 apply to driveways as well as roadways ? Answer: No . Refer to Section 02526 , paragraph 3 . 2 , "Sidewalk and Driveway Restoration . " 8 . c . Question : Does the pipe backfill detail on Sheet 8 apply to all pipe along U. S. No. 9 ? Answer: The answer given at the pre-bid conference was incorrect. Per the Carter Associates , Inc. design engineer, all pipe in U . S . No . 1 right-of- way does have to be installed per the " Pipe Backfill Detail @ U . S . Hwy. No . 1 " as shown on Sheet 8 . (This system will serve as an infiltration gallery to lower the groundwater table . ) 8 . d . Question : The plans show some structures sitting on top of existing water main . Will the water main need to be relocated ? Answer: Along U . S . Highway No . 1 , there are at least two drainage structures that are located over an existing 8-inch PVC water main . In these instances , remove the existing PVC water main from below the proposed drainage structure location and install a new 1 &foot or 20400t section of ductile iron pipe water main . Place the ductile iron pipe so that the drainage structure is located over the center of the pipe ' s length . Addendum No . 1 - 2 EAST GIFFORD FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction ContrachBidding & Contract DocumentsUdding & Contract Documents\Addendum #001 .doc Provide a minimum of 18-inches clearance between the drainage structure bottom and the top of the pipe . If possible , deflect the pipe joints to provide the elevation transition between the remaining existing PVC pipe and the new ductile iron pipe . New PVC water main may be used to provide the transition required to maintain appropriate joint deflections . Otherwise , use 45-degree bends with appropriate joint restraint, to make the elevation transition . All work shall be per Indian River County Division of Utility Services ' specifications . The pay for this work shall be included with the other water main relocations that are shown on the Drawings , in Pay Item No . 5 . 02 . 8 .e . Question: Does the Railroad require special insurance ? Answer: Yes . Refer to paragraph 2 . 1 of Section 01040 , Appendix A , Section 00620 — Sample Certificate of Liability Insurance , and the various insurance requirement paragraphs in the Supplementary Conditions , 8 .f. Question : Will the railroad or County provide a flagman for the railroad bore and jack? Answer: Per Section 01040 , paragraph 2 . 1 .A, "at least five days before entering onto Railway property, schedule a Florida East Coast Railway Company, L . L. C . ( FEC ) flagman/watchman by calling Mr. Charles Stone of the FEC Engineering Department at (904 ) 826-2369 . " The flagman will be provided by the railroad , but the railroad will charge for the flagman 's services . This cost shall be included in the Contractor's bid for the railroad bore and jack. 8 . g . Question: Where is the stockpile area ? Answer: Refer to Section 01543 paragraph 1 . 8 and Section 02220 paragraph 3 . 15 . 13 . (The stockpile area is located at the Indian River County Road and Bridge Complex at 455 41st Street. ) 8 . h . Question: Who will pile the material to be stockpiled, the Contractor or the County? Answer: Per Section 02220 paragraph 3 . 15 . 13 , " Indian River County will provide all labor, machinery, and equipment necessary to spread and pile the excess material at the stockpile site . 8 . i . Question : If rain forces work on weekends, will the Contractor have to pay overtime for the County Inspector? Answer: Yes . Refer to paragraph SC-6 . 02 . B of the Supplementary Conditions . 8 .j . Question: Is the new turn lane at the Hess Station reflected on the Drawings ? Addendum No . 1 - 3 EAST GIFFORD FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract DocumentMAddendum #001 .doc r 1 Answer: The turn lane was constructed after the Drawings were prepared . However, there will be no construction work for this project in the area of the new turn lane . 8 . k. Question: Is there a drawing that shows the location of a dewatering pit ? Answer: No . The location of a dewatering pit will be discussed with the Contractor at the pre-construction conference . Items No . 9 . a through 9 . d , inclusive — The following information is provided in response to a letter from Johnson - Davis , Inc . dated April 21 , 2003 : 9 . a. Question: Missing data for structures 19, 10, 12, 13, 20. Answer: These structures are not in the work area and therefore , will be unaffected by construction . 9 . b. Question: Sheet 7, overflow Structure #41B, requires flap gate description. Answer: The flap gate valve shown on Overflow Structure #41 B on Sheet 7 of the Drawings shall be a Waterman Model F- 10 Automatic Drainage Gate . It shall have stainless steel links , bolts , and bushings , bronze seating faces , and shall be galvanized per ASTM standards . 9 . c . Question : Sheet 8, pipe backfill detail, is filter cloth continuous for the full length of the pipe run or only at joint, as pictured ? Answer: The filter cloth is continuous for the full length of the pipe where slotted ERCP is installed . For all other pipe , the filter cloth is required at all pipe joints as shown in the Filter Fabric Jacket detail . gal . Question: Description of Item 6. 01 & 6. 02 imported Type 2 & Type 3 fiftackfill. Plan Sheet 8 indicates select rill and approved fill. Please describe each item and where located. Answer: With the exception of "Pipe Backfill Detail @ U . S . Hwy. No . 1 " on Sheet 8 , refer to Section 02220 for all fill and backfill information and requirements . The technical specifications govern over the Drawings . The pipe covered by the "Pipe Backfill Detail @ U . S . Hwy. No . 1 " on Sheet 8 shall be constructed according to that detail . There is no specifically identified location where Bid Items 6 . 01 and 6 . 02 are required and they may or may not be required . Those Bid Items are included in order to establish a contract price in case they are required . + + END OF ADDENDUM NO . 1 + + Addendum No . 1 - 4 EAST, GIFFORD FAPublic Works\Keithmstormwater Projects\Gifford East\Construction ContractOdding & Contract Documents\Bidding & Contract DocumentsWddendum #001 .doc SECTION 00610 - PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we as Principal (Contractor), (Insert name , principal business address , and telephone number & Prjncipal/Contractor) and (Insert name , principal business address , and telephone number of Surety) a corporation , as Surety, are held and firmly bound unto the County of Indian River, Florida (Owner) , 1840 , 25th Street, Vero Beach , Florida 32960 , (772-567-8000 ) , in the sum of Dollars ($ ) amounting to 125 % of the total bid price . For the payment of said sum we bind ourselves , our heirs , executors , administrators and assigns , jointly and severally, for the faithful performance of a certain written Contract , dated the day of , 20_, entered into between the Principal and the County of Indian River, for: Bond Number: Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43`d Street, north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District. Project Description : The Contractor shall construct a stormwster collection , conveyance , and detention system (6 ± acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track. It shall also construct a stormwrater collection and conveyance system in the western right-of--way of U . S . Highway No . 1 . Stormwater runoff will drain into concrete drainage structures and it will be conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation . Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . A copy of said Contract is Incorporated herein by reference and is made a part hereof as if fully copied herein . 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610- 1 R\Public Works\KeithM\Stormweter Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc 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 entiretyby this reference . 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 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 , including reasonable attorney fees (including appellate proceedings ) which may be recovered against or which the County of Indian River may be called upon to pay to any person or corporation by reason of any damage arising from the performance of the said work, repair or maintenance thereof, or the manner of doing the same , or his agents or his servants , or the infringements of any patent rights by reason of the use of any material furnished or work done , as aforesaid or otherwise . Principal and Surety expressly acknowledge that any and all provisions relating to liquidated damages contained in the Contract are expressly covered by and made a part of this Bond . Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this Bond . AND , the said Surety, for value received , hereby stipulates and agrees that no change , extension of time , increase in the Contract price , 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 Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide , General Policy Holder' s Rating of "A" and Financial Size Category of Class "X" . 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, 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610-2 FAPubiic Works\KeithM\Stormvater Projects\Efford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc I AND the Surety shall issue a consent of payment to each of the Principal 's pay requests . AND , in the event of a default by the Principal , the Surety consents that the Principal shall not be allowed to perform further work on the Project. AND , the Surety agrees that it is responsible for all delay damages resulting from the Principal 's performance on the Contract. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative , pursuant to authorityof its governing body. 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 [The remainder of this page was left blank intentionally] 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610-3 F:\Public Works\KeithM\Stormweter ProjectsNGfford EastZonstruction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Perbrmance Bond - ADDENDUM #1 .doc 1 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of. Witness Name of Entity BY: Address Principal Printed Name of Principal Witness (SEAL) Address 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 [The remainder of this page was left blank intentionally] 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 006104 F:\Public Works\KeithM\StormYater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc s , WHEN THE PRINCIPAL IS A CORPORATION : Attest: Secretary Name of Corporation BY: (Affix Corporate SEAL) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his signature , and his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary (SEAL) TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety Business Address BY: (Afx Corporate SEAL) Attorney- In- Fact 4/11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610- 5 R\Public Works\KeithM\Stormvater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc Name of Local Agency Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in-fact for the and that he has been authorized by 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 day of , 20 Notary Public, State of Florida My Commission Expires : Any claims under this bond shall be addressed to : Name and address of Surety: Name and address of agent or representative in Florida if different from above : Telephone number of Surety and agent or representative in Florida : (__) * * END OF BOND * * 4/ 11 /03 PERFORMANCE BOND — ADDENDUM # 1 00610-6 F:\Public WorksWeithWStormveter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc • Note : This Bond shall be recorded by the Principal in the Public Records of Indian River County, Florida . A certified copy of the recorded Bond must be provided to Indian River County before a Notice-to- Proceed will be issued for the Project. * * END OF SECTION 4/ 11 /03 PERFORMANCE BOND — ADDENDUM #1 00610-7 F:\Public Works\KeithM\Stormweter Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00610 - Performance Bond - ADDENDUM #1 .doc SECTION 00612 - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : BY THIS BOND , we as Principal (Contractor), (Insert name, principal business address , and telephone number of Principal/Contractor) and 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 (Owner) , Florida , 1840 , 25th Street, Vero Beach , Florida 32960 , (772-567-8000 ) 9 in the sum of Dollars ($ ) 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 day of , 20 , entered into between the Principal and the County of Indian River, for: Bond Number: Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43`d Street, north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District, Project Description : The Contractor shall construct a stormmter collection , conveyance , and detention system (6 + acre wet pond ) in a poorly drained area west of the Florida East Coast Railroad track. It shall also construct a stormwater collection and conveyance system in the western right-of--way of U . S . Highway No , 1 . Stormwater runoff will drain into concrete drainage structures and it WII be conveyed by concrete pipe . The Work also includes a bore and jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . 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 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612- 1 F:\Public Works\KeithM\Stormvater Projects\Gafford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc 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 directlyor indirectly by Principal in the prosecution of the Work provided for in the Contract. 2 , Florida Statutes Section 255 . 05 (2002 ) , as amended tom 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 change , extension of time , increase in Contract price , alteration of or addition to the terms of the Contract or to the Work to be performed thereunder or to the Drawings or 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 or to the Drawings . The Surety represents and warrants to the County of Indian River that it has a Best's Key Rating Guide , General Policyholder's rating of "A" and Financial Size Category of Class "X" . The Principal and Surety jointly and severally covenant and agree that this Bond will remain in full force and effect for a period of one year commencing on the date of Final Completion as established on the Certificate of Final Completion as issued by the County of Indian River, The Principal and Surety jointly and severally, agree to pay the County of Indian River all losses , damages , expenses , costs , and attorney's fees , including appellate proceedings , that the County of Indian River sustains because of a default by the Principal under the Contract. IN WITNESS WHEREOF , the above bound parties executed this instrument under their several seals , this day of , 20_, 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. [The remainder of this page was left blank intentionally] 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-2 F:\Public Works\KeithM\Stormmter Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc 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 WHEN THE PRINCIPAL IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A TRADE NAME : Signed , sealed and delivered in the presence of Witness Name of Entity BY: Address Principal Printed Name of Principal Witness ( SEAL) Address WHEN THE PRINCIPAL IS A PARTNERSHIP : Signed , sealed and delivered in the presence of Witness Name of Partnership BY: Address Partner 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-3 F:\Public Works\KeithM\Stormweter Projects\Gftord East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc e • Printed Name of Partner Witness (SEAL ) Address WHEN THE PRINCIPAL IS A CORPORATION : Attest: Secretary Name of Corporation BY: (Affix Corporate SEAL) Printed Name Official Title CERTIFICATE AS TO CORPORATE PRINCIPAL 1 - , certify that I am the Secretary of the corporation named as Principal in the within bond ; that , who signed the said bond on behalf of the Principal was then of said corporation : that I know his signature , and his signature thereto is genuine ; and that said Bond was duly signed , sealed and attested for and on behalf of Said corporation by authority of Its governing body. Secretary ( SEAL) [The remainder of this page was left blank intentionally] 4/09/03 PAYMENT BOND — ADDENDUM # 1 006124 F:\Public WorksWeithWStormueter Projects\Gfford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Corporate Surety Business Address (Afix Corporate SEAL) Attorney- In- Fact Name of Local Agency Business Address STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public, duly commissioned , qualified and acting , personally appeared to me well known , who being by me first duly sworn upon oath , says that he is the attorney-in -fact for the and that he has been authorized by 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 day of , 20 Notary Public, State of Florida My Commission Expires : [The remainder of this page was left blank intentionally] 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-5 R\Public WorksWeithWStorm ater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .doc Any claims under this bond shall be addressed to : Name and address of Surety. Name and address of agent or representative in Florida if different from above : Telephone number of Surety and agent or representative in Florida : L_) * * END OF BOND * * Note: This Bond shall be recorded by the Principal in the Public Records of Indian River County, Florida . A certified copy of the recorded Bond must be provided to Indian River County before a Notice-to-Proceed will be issued for the Project. * * END OF SECTION 4/09/03 PAYMENT BOND — ADDENDUM # 1 00612-6 F:\Public Works\KeithM\Stormweter Projects\Gfford East\Construction Contra ct\Biddi ng & Contract Documents\Bidding & Contract Documents\00612 - Payment Bond - ADDENDUM #1 .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: EAST GIFFORD STORMWATER IMPROVEMENTS OWNER's Contract No , 9219 ENGINEER's Contract No . 9219 ENGINEER: Indian River County Public Work's Department ENGINEER's CONSULTANT: Carter Associates , Inc. 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or 2 . a Change Order No . 1 $ 2 . b Change Order No . 2 $ 2 . c Change Order No . 3 $ 2 . d Change Order No . 4 $ 2 . e Total change in Contract Price (2. a + 2 . b + . . . + 2 . d ) $ 3 . Current Contract Price ( 1 plus 2e) : $ 4 . Total Work to date : 4 . a Percentage of Work completed to date : 4 . b Total Work completed to date : $ 4 . c Total equipment and material stored to date: $ ( 1 ) 4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $ 5 . Retainage ( per Agreement) : 5 . a 10% of completed Work (0 . 10 x 4 . b ) : 5 . b 20 % of stored equipment and material (0 . 20 x 4 . c) : 5 . 0 Total Retainage (5 . a plus 5 . b ) : $ 6 . Total Work completed and stored to date less retainage (4 . d minus 5 . c) : $ 7 . Previous Payments : $ 8 . AMOUNT DUE THIS APPLICATION 6 MINUS 7) : $ ( 1 ) Attach detailed schedule and copies of all paid invoices . CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed below; (2 ) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances ( except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective ; and (4 ) If this Periodic Estimate is for a Final Payment to 00622 - Contractor's Application for Payment ADDENDUM #1 — ADDENDUM #1 00622 - 1 FAPublic Works\KelthMlStom*vater Projects\Gifford EashConstruction Contracl\Bidding & Contract Documents\Bidding & Contract Documents\00622 - Contractors Application for Payment ADDENDUM #t .doc Rev. 05/01 the project or improvement , I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , (Sales and Use Tax Act, as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated By: (CONTRACTOR) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; the he/she executed the above Application for Payment and statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of 120 Notary Public , State of Florida My Commission Expires : Accompanying Documentation , NOTICE OF NON-PAYMENT. If one or more "Notice of Non -Payment" or "Notice to Owner" is received by the OWNER, no further payments will be approved until non - payments) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non -Payment" or "Notice to Owner. " SURETY' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety, a corporation , in accordance with Performance Bond Number . , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified in this CONTRACTOR' s APPLICATION FOR PAYMENT . 00622 - Contractor's Application for Payment ADDENDUM #1 — ADDENDUM #1 00622 - 2 F:%Pubilc WorkslKelthLAstormwater Projects\Gifford East%COnstructlon ContrachBidding & Contract DocumentslBidding & Contract Documents\00622 - Contractor's Application for Payment ADDENDUM #1 .doc Rev. 05/01 TO BE EXECUTED BY CORPORATE SURETY : Attest: Secretary Corporate Surety Business Address BY: Print Name , Title , STATE OF FLORIDA (Affix Corporate SEAL ) COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he is the for and that he has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. 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YE �� Ya $' t IN NPh £ • 1 / . 1 : / C ' { �" .rj r . £ ! £ � 7c zg s ru c t 3 ILIr9 an ,iq x � � eF f _ g £ 4 ice, } r - t 13 Y r F T £ 1 • i £ . £ t4 £ r r.7 z nlel 4, y i� r -, • , , - ko. t a q Vii'10M Mani M- MOTWO I ' ll Of A bSCI1 C . . . -a.`.. .. . . • • • - • • • • Sr Ile If • ' � • - • 1 - . • 3 . " �i ; :'£°—Ne' 7N-5 � 7is � "9or -s r4i a �£ n ifl� r re ." it } 3 ' �ifE pry tf o i rs t -• n Et �. � { p ? 11 1 @ • / - • / • • - 41 .c { Y £ ', M t E �, nfi £ e t '`` � - • t 4 n » 5., x '� E ILS t i; : y,S K t iifi� rN a , yb ,NIIIIIIJI1. 1 ,fn"R 5q,IL ellf, YL • - f r £ a t F v t d iat:. v rE x Ile ' is SECTION 00622 - CONTRACTOR' S APPLICATION FOR PAYMENT Application for Payment No , For Work Accomplished through the period of through ' To : Indian River CountyOWNER (OWNER) From : (CONTRACTOR) Contract: EAST GIFFORD STORMWATER IMPROVEMENTS OWNER's Contract No . 9219 ENGINEER's Contract No . 9219 ENGINEER : Indian River County Public Work's Department ENGINEER's CONSULTANT: Carter Associates , Inc. 1 . Original Contract Price : $ ' 2 . Net change by Change Orders and Written Amendments (+ or 2 . a Change Order No . 1 $ 2 . b Change Order No . 2 $ ' 2 . c Change Order No . 3 $ 2 . d Change Order No . 4 $ 2 . e Total change in Contract Price (2 . a + 2 . b + . . . + 2 . d ) $ ' 3 . Current Contract Price ( 1 plus 2e) : $ 4 . Total Work to date : 4 . a Percentage of Work completed to date : % ' 4 . b Total Work completed to date : $ 4 . c Total equipment and material stored to date : $ ( 1 ) 4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $ 5 . Retainage (per Agreement) : 5 . a 10% of completed Work (0 . 10 x 4 . b ) . ' 5 . b 20 % of stored equipment and material (0 . 20 x 4 . c) : 5 . c Total Retainage (5 . a plus 5 . b ) : $ ' 6 . Total Work completed and stored to date less retainage (4 . d minus 5 . c) : $ 7 . Previous Payments : $ ' 8 . AMOUNT DUE THIS APPLICATION 6 MINUS 7) : $ ( 1 ) Attach detailed schedule and copies of all paid invoices . 1 CONTRACTOR' S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) ' the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers ' except as listed below; (2 ) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and ' encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract ' Documents and not defective ; and (4 ) If this Periodic Estimate is for a Final Payment to 00622 - Contractor's Application for Payment-2 ' 00622 - 1 F:\Public Works\Keithtvl\StomHvater Projects\Gifford Fast\l;onstrudion Contract\Bidding 6 Contract Documents\Bidding & Contract Documents\00622 - Contractor's Application for Payment-2.doc Rev. 05/01 the project or improvement , I further certify that all persons doing work upon or ' furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida ' Statutes , (Sales and Use Tax Act , as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated By: ' (CONTRACTOR) STATE OF FLORIDA COUNTY OF INDIAN RIVER ' Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; the he/she executed the above Application for Payment and statement on behalf of said CONTRACTOR ; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of 120 Notary Public, State of Florida ' My Commission Expires : ' Accompanying Documentation . NOTICE OF NON-PAYMENT. If one or more "Notice of Non-Payment " or "Notice to Owner" is received by the OWNER, no further payments will be approved until non- ' payment(s) have been satisfied and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with ' consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non -Payment" or "Notice to Owner. " ' [The Remainder of This Page Was Left Blank Intentionally] y] 00622 - Contractor's Application for Payment-2 ' 00622 - 2 F:\Public Works\KeithMlStomHvater Projects\Gifford East\ConsUuetion Conlrect\Bidding & Contrail Documents\Bldding & Contract Documents\00622 - Contractor's Application for Payment-2.doc Rev. 05/01 4 , BOARD OF COUNTY COMMISSIONERS Public Works Department Stormwater Engineering Division 1840 25TH Street, Vero Beach, Florida 32960 Telephone; (561) 5674000 FAX (561) 978= 1806 � y ADDENDUM NO. 2 TO THE CONTRACT DOCUMENTS FOR . EAST GIFFORD STORMWA TER IMPROVEMENTS INDIAN RIVER COUNTY PROJECT NO, 9219 INDIAN RIVER COUNTY BID NO. 5065 ADDENDUM ISSUED APRIL30, 2003 TO PROSPECTIVE BIDDERS AND OTHERS CONCERNED : This ADDENDUM is intended to clarify, correct , or change the Bidding Requirements or the Contract Documents . Therefore , it hereby supercedes 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 , Item No. 1 — The following information is provided in response to an April 23 , 2003 question from JobearNVarden Construction : Question: Is there any specification on the video requirements ? Can the video replace the photos ? Answer: No videos are required for this project. Videos may not replace the photographs specified in Section 01380 . Item No . 2 — The correct Bid Number for this project is 5065 . Items No . 3 . a through 3 . d , inclusive — The following information is provided in response to questions raised by JobeariWarden Construction on April 28 , 2003 : 3 . a . Question: l was unable to find a line item for the Type "E" inlets with storm manhole tops. Answer: There are five (5 ) of these inlets and the Bid Form has been revised to include them separate from the standard Type " E " inlets . Addendum No . 2 as 1 EAST GIFFORD FAPubiic WorksWeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\Addendum #002.doc 3 . b . Question: The bid form, item 4. 10 shows 112 ' of 15" R. C. P. l was unable to find any 15" R. C. P. on the plans. Could you please confine if there is 15" R. C. P. Answer: The 15" R . C . P . is located on the north side of 42nd Street, between CB #42A and CB #42B , on Sheet 5 . 3 . c. Question : I have come up with different quantities for the 24 " R. C. P. and the 30" R. C. P. My quantity for the 24 " is 662 LF one, and my quantity for the 30" R. C. P. is 574 LF. Could you please verify, do you want to change quantities or forbidding purposes just bid the bid form quantities ? Answer: Our check of these quantities yielded even different numbers . Use the quantities showing on the revised Bid Form . The Contractor will be paid for the actual quantities installed . 3 . d . Question: The bid form does not show any 30"' CMP. There is 20 ' at the outfall pipe in the [north] end of the pond. Answer: The bid form has been revised to show the 30" A. C . C . M . P . Item No . 4 - The Bid Form has been revised . Use the attached form titled "SECTION 00310 — BID FORM — REVISED APRIL 29 , 2003 . " Item No . 5 — The Contractor's Application for Payment has been revised . Use the attached form titled "SECTION 00622 — CONTRACTOR' S APPLICATION FOR PAYMENT REVISED APRIL 29 , 2003 . " Item No . 6 - Section 01025 has been revised . Use the attached Section titled "SECTION 01025 - MEASUREMENT AND PAYMENT — REVISED APRIL 29 , 2003 . " Item No . 7 — Miscellaneous Equipment. Purchase the following and deliver to the Indian River County Public Works Department, attention "Stormwater Engineering , " before construction operations begin . The cost of these items shall be included in Bid Item No . 5 . 08 — Miscellaneous Equipment , in the revised Bid Form . a . YSI 85 Salinity/Conductivity/Dissolved Oxygen/Temperature Meter. Include a carrying case for 10 ' and 25 ' Models and 10' cable . (One supplier is Forestry Supplies , Inc . Catalog 54 #76288 for YSI 85 with 10 ' cable and #76233 for carrying case . Telephone 1 -800-647-5368 . ) b . Oakton Acorn Series pH 5 Meter. ( One supplier is Forestry Supplies , Inc . Catalog 54 #76050 . Telephone 1 -800-647005368 . ) c. WaterMark Bottom Aquatic Kick Net — 10" x 18" stainless steel rectangular frame ; detachable , 60 " aluminum handle with stainless steel threaded Addendum No . 2 - 2 EAST GIFFORD FAIDublic Works\Keithmstormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract DocumentsWddendum #002.doc attachment; and a 10" deep reinforced 500 micron Nitrex nylon net. ( One supplier is Forestry Supplies , Inc. Catalog 54 #77921 . Telephone 1 -800= 647-5368 . ) d . Marsh-McBirney, Inc. Flo-Mate Model 2000- 11 battery powered velocity meter. (Telephone 1 -800=368-2723 . ) e . Sony Model CD Mavica MVC-CD350 digital camera with carrying case . Item No . 8 — On Sheets 3 and 4 of the Drawings , the location of the proposed stormwater pipe and one or more drainage structures appears to be in conflict with the location of existing wood power poles and/or service poles . Rather than relocate the utility poles , we will field locate the drainage structures and pipe to avoid the poles to the best extent practicable , realizing that there is also a nearby 8-inch diameter PVC potable water main to contend with . The cost of working in the vicinity of existing utilities and protecting all existing utilities shall be included in the unit price of the pipe . Item No . 9 — Disregard Item No . 5 in Addendum No . 1 . The "Pipe Backfill Detail @ U . S . Hwy. No . 1 " on Sheet 8 of the Drawings shall be deleted and replaced with the attached detail , titled " Pipe Backfill Detail @ U . S . Hwy. No . 1 — Revised April 30 , 2003 . " The cost for all rock, sand , filter cloth , etc . shown in this revised detail shall be included in the unit price for the slotted ERCP . Item No . 10 — Note that there is a City of Vero Beach GIS monument ( Hade GPS ( 1009 ) Azimuth Monument) along 41st Street near the railroad right-of-way that may be destroyed or damaged by construction . This monument was flagged on April 29 , 2003 by Indian River County surveyors , but the County does not guarantee that the flags will remain until construction activities begin . The Contractor is responsible for replacing this survey monument and all other survey monuments or benchmarks that are destroyed or damaged as a result of its construction activities . Refer to Section 01050 , paragraph 1 . 3 . B . + + END OF ADDENDUM NO . 2 + + Addendum No . 2 = 3 EAST GIFFORD FAPublic WorksWeithmstormwater Projects\Gifford East\Construction ContrachBidding & Contract Documents\Bidding & Contract Documents\Hddendum #002.doc 7 3 x 2 ' Mlwtaruu� f7vE �c�?. i1 CLEAN 'ofELLjcsw a < 5�o PASStw�, Wl MINI M PAA6 VE "�P s ?.moo Se Eve ®P S Lor • - f O VE�a-Qe'� . • �, �e t Top Dir SLOT L't' WRAP `w1E'ER �3®0� � cam► a, n .. `•� FI L'TEI;. GEa .3rRi • F a►vt�E �` P� t w tmu^ OVLMLA6P ! '- o PIPE 1401 Sjt EvE) lJOTTS BPc<'Ft LL \#arr -3 FILL S 4 04s w . .1� Amb SN tt�Ei PR�sv tDE � �, 0)o C� tv�Ec�•t4s.� � +L; AR E l:Di� pAr�t ® � PE ~4Ary c �. -� ¢� M i i 1 i �pCl_�iJ (i 11 19 1 I • SECTION 00310 - BID FORM - REVISED APRIL 29 2003 PROJECT IDENTIFICATION : Project Name : EAST GIFFORD STORMWATER IMPROVEMENTS County Project Number 9219 Project Address : The project is located south of 43rd Street, north of South Gifford Road (41st Street) , west of U . S . Highway 1 , and east of the Indian River Farms Water Control District. Project Description : The Contractor shall construct a stormwater collection , conveyance , and detention system (6 ± acre wet pond) in a poorly drained area west of the Florida East Coast Railroad track. It shall also construct a stormwater collection and conveyance system in the western right-of-way of U . S . Highway No . 1 . Stormwater runoff will drain into concrete drainage structures and it will be conveyed by concrete pipe. The Work also includes a bore and - jack underneath the railroad track. The project is in the vicinity of the City of Vero Beach Municipal Airport and it will be regulated by the Federal Aviation Authority. Other permitting authorities include St. Johns River Water Management District and the Florida Department of Transportation . THIS BID IS SUBMITTED TO: INDIAN RIVER COUNTY 2625 19TH AVENUE VERO BEACH , FLORIDA 32960 1 .01 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with all other terms and conditions of the Bidding Documents . 2 .01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders , including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening , or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3 . 01 In submitting this Bid , Bidder represents , as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents , the other related data identified in the Bidding Documents , and the following Addenda , receipt of all which is hereby acknowledged . Addendum Date Addendum Number B . Bidder has visited the Site and become familiar with and is satisfied as to the general , local and Site conditions that may affect cost, progress , and performance of the Work. C . Bidder is familiar with and is satisfied as to all federal , state and local Laws and 00310 - Bid Form - Addendum #2 00310 - 1 FAPublic WoftlKelthWiStormwater Projects\Gifford EastlConstruc60n ContractlBidding & Contract DocumentslBiddng & Contract Documents100310 - Bid Form - Addendum #2.doc Rev. 05101 Regulations that may affect cost, progress and performance of the Work. D . Bidder has carefully studied all: -( 1 ) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4 . 02 of the General Conditions , and (2) reports and drawings of a Hazardous Environmental Condition , if any, which have been identified in the Supplementary Conditions as provided in paragraph 4 . 06 of the General Conditions . E . Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations , investigations , explorations , tests , studies and data concerning conditions (surface , subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress , or performance of the Work or which relate to any aspect of the means , methods , techniques , sequences, and procedures of construction to be employed by Bidder, including applying the specific means , methods , techniques , sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations , investigations , explorations , tests, studies , or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents , G . Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents . H . Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site , reports and drawings identified in the Bidding Documents , and all additional examinations , investigations , explorations , tests , studies , and data with the Bidding Documents . I . 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 for which this Bid is submitted . 4 .01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group , association , organization or corporation ; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid ; Bidder has not solicited or induced any individual or entity to refrain from bidding ; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. [The remainder of page intentionally left blank] 00310 - Bid Form - Addendum #2 00310 - 2 FAPu61ic WorksWelthmtormwater ProjectslGifford EasAConstruction Contract%Bidding & Contract DocumentsOdding & Contract Documents100310 - Bid Form - Addendum #2.doc Rev. 05/01 EAST GIFFORD STORMWATERIMPROVEMENTS D TABULATION FORM DESCRIPTIONwTOTAL • ® PRI MOUNT _1,0y rxrE r , t „2 ger ' ' ,P, ' , to - � �"". ` :v k^ <xR "r `ia" ® Maintenance of ® - IMI MA ' Performance Bond ®' Payment Bond ® - • Survey Work ® - • ' insurance Coverage • General Liability Insurance ® - Automobile Liabilit Insurance ' Excess Liability Insurance 'Workers Compensation and Employers' • p Builders ' "All Risk" ®- y t F'`'�� �! gf ':P j. C i t �' . '. Y T ' 1{'ib 9 �' �i cer '� 3 r ✓ < yM'lk�` SiM1 ,' '��€'2t 6 �; f -�Yt1 toa _' Ft{. at �% , tit 'uL.l . ` � d° :K -� e k at'i �:�mt��.., r, �t Fi' i{ vt r'3€ � E .aa , . < � e ' ' `�'aY wa,�,w�e�3M�. - .. 11 Z-4 11 om : Prevention , Control and Abatement of wr r i � r #. 10• • • Wat — • • • t; ''' :the "0n rc rc �.� ` ' ��%c, �t onstructionand the Contractors i e `w 'r' tF�^3f Activities R Memo ' Installation ® � iMaintenance ffemiDemolitions' Clearing and Grubbing � Grading Swales ® Reconstruction ® ' HydromSeeding______' St ® � • • • Excavation ( Engineer � ilestimates stormwater • • • excavation volume56 , 000 cubic yards , based on irimplace '! Stockpile excess topsoiland excavated , material per Specifications wwE;w'3j• _ich S"c.'..�s2v bi«r,Yt d<.•.u.niautkv-aas"{i s.:s' z_'.3,3nuu4�. «a.rewII1 .Et.a.�r,. .....,, .:stie"..w' �Ju'i€usx'"''""2v'a.<L..€R' : .k...�.M.i,.s�w..k.x „�:'-::.sv.,s�'.�aa�-#t.,',f>^r::C.�.v.;'afi9Srf✓ ('$+.',rc.ist.�..2c'iv:s:nd�vmeVi;t^r .f#t rm:luv5x2r F-75”r� rs�Jyf lr� 112101 X . �e Eli ® iType ' C' Inlet ®— ® • ®--_ • _ Overflow 11 1 EAST GIFFORD STORMWATER IMPROVEMENTS BID TABULATION FORM Conti ued) DESCRIPTION • TOTAL ® - - AMOUNT ® Conflict Ma • - �— . - diameter manhole 1 . covers Y C" YS � 3111IF. € . h ( t FE° u"g �'b��i'i1• 4 } d � , µ �n {t ,.; q { � M - lµ y �E f� �� '�'T 3r `"�= au.' �' �' 7 { zn t:,Az i' s. .., . d ,..,u . .:...1< _• ... ._ . ..:-.. .t... «.a , � - -t i, s;l«. S Jh x`;,4, s ' s � s s<t �S�.k a .G t eyqq a" ,hex, :.% �a" .a`. , ..u`.".�, t :�_� .=.,sdicc{w1 .a ��` �'ue_.. .a T.�'. t. .�.. Ji: �.?r • :rz �?..��Y'; .2.�, :6 I • - - I I 1 I • _ • - - 19 x30" Slotted E . R . C . P . MM3 I l i I � - I 1 • I A. C . C . M . P . I ®- 1MH ® I - ®� • i ' I Steel CarrierPipe i Steel • - • _9"m - - ' includinq 4 ' Pipe 0 1a ■ includinq • Pipe • I 1ncIu • • • - •E . R . C . P . Mitered - • • ®- ® I Mitered • • • . �-- • i ' Trench Safety ®- • 1 A 1 ®— I �i Ct1 <„+,�i �Ex { s Vttl t,�fl6 I� . F of {isi : r �Qftt s-;Y�' � 1 oin°i i.. ,:r�. {tt � .;• { x,�� ��: a. F h ukr�r'S�'.Wi e ,w, es -... at� rda+ '�: A �2' � .> �R'-n S .. .�'�„R �."' -R;' . '3.r�'N'3 .r•`..`yei [ r �` " �{'+.�'tE[ ,— ® ��` s ` -, MISCELLANEOUS i �bua.w , r M wE . � ao y ll ® • •just Existing Water Mains ®— ®' Core ExistingCatch �■®— 1 , 8 ' High Chain Link Fence and • • - • 1 ' Double Swing Gate , with 3�strand Barb EN Asphalt Pavement Repair at Road Crossings 11 1 • - • . . • DESCRIPTION w • ® TOTAL . . AMOUNT E , r ks ' f � � tp�,a- . «+� d at f s r �` IN . s k ,eU 4 L rR "� dt: ¢, � £ ry,;re JAre€ ;3` f" ' �""'f 1". t.u. r [ f sL �S; Yat . ,ll .F -gYW, t a L a y� T k[ T 0 , - $a $.. � `tSE. tE ✓.. �- — " c_: .. 1 i a I t� ( s .. 9 i f . . 4 v a s t tr€x a E `r Faa Itl aJf h f a Jhe f +-+ti. • 5 F .,al (t rr, h x: ro 1 'A E € of ; " f �iYaRJe 101 11 10 P. . ¢.r , T r t f POP 2 Y A t��({����� ro{ � 6 f3 • I 1 • ifl r 1 t A v-^ Y § �.1; �" �i ��� x `.�. 11v. �r u.,l�� '3 5a' Imported '7ype 2 " Fill/Backfill Material , !1 All =it at F� f d I to � € ' C� � � �1T rr� � h • 1 • - • compacted i �ihur i tµ { ® i Imported • - Fill/Backfill !! fI I F E E� kf1 lyh Z fti "t fI:� I If 511, IF inwplace and compacted ' Excavation • Unsuitable Material _ tf ,y 9 cif r z - 4 d [ ^F .g. f described In Paragraph 3 .4 of Section , f r< fat ftE fys of y is Ur I 0222 I nt It i - te dih t Y a >t t i - tit ; kaj 6 t xl dG� Cef s flt t�iJ5t;1 s.,: r,i 4a. t s. �ra�c't rz` nd Sheeting - ft in • — at — a ,¢�� "f Y i t f f!n 11`f " a Etk-k! Fs {4it� fi M A I iyk I E f s fI 3} CCY ff v t �.n tL e amu. d • I • • • • A1611 &j - . - 1 1 Af c i ®�t✓ e v } f iJ�� ?"� 'n kN i#`q � {,�ix3r aPzPIP 13„ • I • • • , ted € � 4t L .�. 'vi I E a dE { -.: tv Ft f + n . f c '^,ri+ u *^rn r 9 r✓ xJ. ( xm kGt fiYla t r t{IPT f" f 1Y�3� f i 1 € ## it f i I I:F� 1 y( s3 a 4 f f i ✓ vd:�' ..>ek f ,y u, dt y2 rvA 1. 4n �x;tiv .f. �. is. rY ,. ( '., ; -+r{ l i § a -. t -111 IF v"i� 5 , �i r t € _ F .'kR EIw�� —'� - C - PT` sa n f " Ef r H�wrtT F r s zLu..,_. ,., �; 6dr , ..c...:".: r .a �f a gypp.. t ;a a I: i (( �frh-{'S . ai sa�t4 n >t , �Y<<` .An. IJt,� l., {(< w 3 R t 3 {t'.G { ' 4� r-e�E SC 4f t - is r i a 5 is ._,.sss. ,sv. _ _ . ..� . ._ _...,. .,.1 4.. , „ w 1 iLL IJ E - 3k W k i 4vT P fiu-JR R .� un -" ALTERNATIVE kt t tf nff ate r,ff R t aix f F z kf t d4n ti-." Fv. � E@ P'It -0{ t f igFI,, d t 3t r ev t e h b2 " a l r [ u'. s ( ` ` .ra ark^'" e reKa wa, Ii� t av�..c,: #Ka'J h .IF CONTRACTOR • Dispose ��� , (<i� tt ,T t r w � its 1 f - r " t jtF € b a -$) ft � a �{ L "fir oaf 7 Topsoil IExcavated — ri : ifs r f I i h � "I"st I, IICC �,� � E g} "�� e4 Of q d ' f C1.g 6 a at h .�� 9lilt uLiY dFla( ,P, f , e Gy3T d Nea 11 Delete Bid Item 2 . 09 , Dispose Excess Topsoil and Excess Excavated - - • by the CONTRACTOR `{ t ;Cr r t {; I'll 't y F e ,'f�.. .Ax:+v TOTALT,� • ,. - .. ` ,- • ^'� - n t itl t A { 4 • • • - • I • • � i,t4i { �. „t ii F 1 3 w PS F td i rP� Fbl i G dl 1 a f '{ y W dA'f � Ea'� t G �iaa[ f k n s1h t ti � .W a { it t Ei vitt s gg e` �6 J �'u rp h C f 4 r f a t r a II • 1 • � • • • I — • r�va� fl I FMtlir � ilid # {{yf FFttEk 4EvE�iil INt IFNI ` ' [ riteaIfiqi t�; f ffr t {t �`..�c�i� c �rft„',; ' Provide equipment to spread and istockpile excess topsoil and excess excavated - - IndianRiver County disposal - Selectively clear and grub (per . Section ; 02050 ) the Edward i - • property mmediately west of the proposed ' stormwater detention • • permits , disposal , sKEk �. FX r. �f w : f f r f Old v"F�s ,a � '` at -rr r 4 eA mr .1; # 5`f t..: T: n " fifti .w., i {� _ . . W � , 3f�rsfw , Rd"- ,,,J,ttY ..,:c., +"i, _� .a',+r, . �Fia� d;lr ?L u `�N�"me � s: EMR- :f PW✓au., u:,2'; ..,.b3:Fq.,:�"faY <k ` r: . . nmi-t{fi $ .., Wl.,kt' 'zA,'�`5." .Cn...ryua€;,..,:.i '+e�UG :.I'.c,tf:1#1f . .xce5r�k'::3+a,��att , - ,..m,:' Fni.. s`5xNdia�a � il�'� ftA��yAtit,-,,.,.��.Ge�g, 11 1 5 .01 Bidder shall complete the Work 'in accordance 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 will be resolved in favor of the correct sum . Discrepancies between words and figures will be resolved in favor of the words . Be The OWNER reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the plans . Furthermore , the Owner reserves the right to omit in its entirety any one or more items of the Contract without forfeiture of Contract or claims for loss of anticipated profits or any claims by the Contractor on account of such omissions . Co 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 of the General Conditions (and Supplementary Conditions if applicable) . E. If Bidder believes that the cost of any item of the Work has not been established by the Bid Form , then Bidder shall include that cost in some other applicable bid item , so that Bidder's proposal for the project reflects Bidder's total price for completing the Work in its entirety. 6 .01 Bidder agrees that the Work will be completed and ready for final payment in accordance with paragraph 14 . 07. 8 of the General Conditions (and Supplementary Conditions if applicable) 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 ; Be Section 00450 - Sworn Statement Under Section 287 . 133 , Florida Statutes , on Public Entity Crimes ; Co Section 00452 - Sworn Statement under Section 105 . 08 , Indian River County Code , on Disclosure of Relationships ; D . Section 00454 - Sworn Statement Under the Florida Trench Safety Act; E . Section 00456 - General Information Required of Bidders; F. Section 00458 - List of Subcontractors ; and G . (List other documents as pertinent) . 00310 - Bid Form - Addendum #2 00310 - 6 Fe.\Public WorksWelthKStormwater Projects\Gbiord EashConstrucklon Contraet\Bidding & Contract Documents\Bidding & Contract Document900310 - Bid Form - Addendum #2.doc Rev. 05/01 8 . 01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders , the General Conditions , and the Supplementary Conditions , 9 .01 By signing this form, Bidder acknowledges that it has read and understood all information contained herein . SUBMITTED on , 20_ State Contractor License No, If Bidder is: An Individual : Name (typed or printed ) . By. (SEAL) (Individual's signature) Doing business as : Business address : Phone No . : FAX No. : A Partnership : Partnership Name: (SEAL) By: (Signature of general partner — attach evidence of authority to sign) Name (typed or printed ) : Business address : Phone No. , FAX No . : [The remainder of this page was left blank intentionally) 00310 - Bid Form - Addendum #2 00310 - 7 F:\Public WorksWeilhM\Stormwater Pro}ects\Glfford FashConstruction Contraet\Bidding & Contract Documents\Btdding & Contract Documents\00310 • Bid Form . Addendum #2.doc Rev. 06101 . A Corporation : Corporation Name: (S ) State of Incorporation : Type (General Business , Professional , Service, Limited Liability) : By: (Signature — attach evidence of authority to sign) Name (typed or printed) : Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business address : Phone No . , FAX No. : Date of Qualification to do business is A Joint Venture : Joint Venture Name : (SEAL) By. (Signature of joint venture partner — attach evidence of authority to sign) Name (typed or printed) : Title : Business address : Phone No . : FAX No . : Joint Venture Name : (SEAL) By. (Signature - attach evidence of authority to sign) Name (typed or printed) : Title : Business address : Phone No . : FAX No . : 00310 - Bid Form - Addendum #2 00310 - 8 F:\Pubiic Works\KeithWStormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00310 - Bid Forth - Addendum #2.doc Rev. 05101 Phone and FAX Number, and Address for receipt of official communications : (Each joint venturor must sign . The manner of signing for each individual , partnership, and corporation that is a party to the joint venture should be in the manner indicated above . ) * * END OF SECTION 00310 - Bid Form - Addendum #2 00310 - 9 F:\Public WorkslKelthM\Stomrwater ProjectMGifford Fast\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00310 - Bid Form . Addendum #2.doc Rev. 051131 SECTION 00622 - CONTRACTOR ' S APPLICATION FOR PAYMENT REVISED APRIL 29 , 2003 Application for Payment No . For Work Accomplished through the period of through To: Indian River County (OWNER) From : d ( CONTRACTOR) Contract: EAST GIFFORD STORMWATER IMPROVEMENTS OWNER's Contract No. 9219 ENGINEER's Contract No . 9219 ENGINEER: Indian River County Public Work's Department ENGINEER's CONSULTANT: Carter Associates , Inc. 1 . Original Contract Price : $ 2 . Net change by Change Orders and Written Amendments (+ or 2. a Change Order No. 1 $ 2 . b Change Order No. 2 $ 2 . c Change Order No . 3 $ 2 . d Change Order No. 4 $ 2. e Total change in Contract Price (2 . a + 2. b + . . . + 2. d ) $ 3 . Current Contract Price ( 1 plus 2e ) : $ 4 . Total Work to date : 4 . a Percentage of Work completed to date : 4 . b Total Work completed to date: $ 4 . c Total equipment and material stored to date . $ (1 ) 4 . d Total Work completed and stored to date : (4 . b plus 4 . c) $ 5 . Retainage (per Agreement) : 5 . a 10 % of completed Work (0. 10 x 4 . b ) : $ 5 . b 20% of stored equipment and material (0. 20 x 4 . c) : 5 . c Total Retainage (5 . a plus 5 . b) : $ 6 . Total Work completed and stored to date less retainage (4 . d minus 5 . c) : $ 7 . Previous Payments : $ 8 . AMOUNT DUE THIS APPLICATION 6 MINUS 7) . $ ( 1 ) Attach detailed schedule and copies of all paid invoices . CONTRACTOR'S CERTIFICATION : UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that ( 1 ) the labor and materials listed on this request for payment have been used in the construction of this Work and payment received from the last request for payment has been used to make payments to all subcontractors , laborers , materialmen and suppliers except as listed below; (2 ) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens , security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien , security interest or encumbrance ) ; (3 ) all Work covered by this Application for Payment is in accordance with the Contract 00622 - Contractor's Application for Payment ADDENDUM #2 — ADDENDUM #1 00622 - 1 F..\Public WorksWelthm%Stornmater ProjectsOfford East\Constructlon Contract0dding & Contract DocumentsOdding & Contract Doeuments100622 - Contractors Application for Payment ADDENDUM #2.doc Rev. 05MI Documents and not defective ; and (4 ) If this Periodic Estimate is for a Final Payment to the project or improvement , . I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full , and that all taxes imposed by Chapter 212 Florida Statutes , ( Sales and Use Tax Act, as Amended ) have been paid and discharged , and that I have no claims against the OWNER . Dated By: (CONTRACTOR) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he/she is the President of the Contractor above mentioned : ; the he/she executed the above Application for Payment and statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true , correct and complete . Subscribed and sworn to before me this _ day of , 20_ Notary Public , State of Florida My Commission Expires : Accompanying Documentation . NOTICE OF NON-PAYMENT. If one or more 'Notice of Non-Payment" or "Notice to Owner" is received by the OWNER, no further payments will be approved until non- payments) have been satisried and a "Lien Waiver" for each "Notice " has been submitted to the OWNER. Upon request, CONTRACTOR shall furnish acceptable evidence that all such claims have been satisfied. The CONTRACTOR may, with consent of Surety and indemnification of the OWNER against any claims, receive payment for work for which there is an outstanding "Notice of Non-Payment" or "Notice to Owner. " SURETY' S CONSENT OF PAYMENT TO CONTRACTOR : The Surety, a corporation , in accordance with Performance Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR , for the amounts specified 00622 - Contractor's Application for Payment ADDENDUM #2 — ADDENDUM #1 00622 - 2 F:\Public WorksWe timtornwater Pro)ects\GlfFord East\Construetion Contraet\Bidding & Contract DocumentsSidding & Contract Documents\00622 - Contractors Application for Payment ADDENDUM #2.doc Rev. 05!01 in this CONTRACTOR Is APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY; Attest: Secretary Corporate Surety Business Address BY: Print Name : Title : STATE OF FLORIDA (Affix Corporate SEAL) COUNTY OF INDIAN RIVER Before me , a Notary Public , duly commissioned , qualified and acting , personally appeared , to me well known , who being by me first duly sworn upon oath , says that he is the for and that he has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor' s Application for Payment. Subscribed and sworn to before me this day of , 20 Notary Public , State of Florida My Commission Expires : [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractor's Application for Payment ADDENDUM #2 — ADDENDUM #1 00622 - 3 f:\Public WorksWelthMtstommater Projects\Gifford East\Construction ContraclOdding & Contract Documents\Bidding & Contract Documents\00622 - Contractor's Application for Payment ADDENDUM #2.doc Rev. 05101 • • � . • . Amountnum mmwreiwemm� Estinn—a—ted 11117M."Irl 1" Quantity Percent Amount DESCRIPTION Price Quantity Values Completed complete Completed I 71p; f;, Ancl Stored 01 If GENERAL ITEMS {f S . - , Performance Bond • • Work • - ® � Insurance Coverage t • Liability - ® � - Liability Insuraence tt i ...Law...:,, I. t t x1 • s it D � 1. � i i s x -t pp �CC�cc � tl i G a x Prevention, Control • Abatement Of � ` . t t �� � r . - ., 7 � t r if Erosion and Water Pollution From the Construction • Contractor's r .� t C g _ _ t If 4 i t S-. Sif t- t n_, l +- _ E { ' � � ' r t y`' all- {g [ t ( 4 Activities Installation 1611M.1dil 14F ] i1@ 1[c] 111col � Driveway Reconstruction EM Sodding Bahia Hydro-Seeding - ® ® - - - • ` • • • • ilestimates stormwaterpond • Is • , 000 cubicbased • • in- lace • 1 / . - All • . • .. � � . tilly - Unit Quantity ercent" • DESCRIPTION PricewValues Completed complete Amount I • • • � material per Specifications m i f e s>i , ! t,. "'3? f , K • > . 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' Double Swing Gate, with 3-strand Barb Wire Asphalt Pavement Repair at Road 1 • : Remove Existing 29"x45" Mitered End Miscellaneous Stormwater Measuring 1 : iand Recording • • -®a nr F t, , let I 4A, 3St , 4 � 9� . ! r;Ft 4 . .1�, r , . , ;. t i I ,✓ _ ': i , . Y s 9& t. : bk:L�773 .., .. i E; y, ,3, i ,. " 3 F F 4 _ ,: .T t , r la FT >.� i >. 1 'i. a �, . '+ .= z t 4 i ': s , + .? mac. i*H M } N I1 f E ry { t si 'N r t t f E JI S^ =t F a e ! .t s i s L1. .. • .� . 1 v) T3 4k" k l Sa a i £ :T I E % t f' .l.F 1 , T Et TOTAL 1 BUD , �yt " = a i :..d t �#n 4, - , 3 m , 6 ' S -- , tit .,., ..,.. �.�, ,.. ..r.. ...,.,...._,w _.....,...�.�..q.. t ADDITIONAL PRICES. lee Imported "TypeMaterial n fr s in-place and compacted i tl t : ' Imported • Ili= ip:pL;E1qe and comp mom,• Q ' Excavation of . 3V t _ , : described . 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SECTION 01025 MEASUREMENT AND PAYMENT — REVISED APRIL 29 , 2003 1 . 1 DESCRIPTION A. The items listed below, beginning with Paragraph 1 . 4 , referto and are the same pay items listed in the Bid Form . They constitute all of the pay items for the completion of the Work. Furnish and install any items shown or omitted that are required for a complete installation , at no additional cost to the OWNER . No direct or separate payments will be made for providing miscellaneous temporary or accessory works , plant , services , CONTRACTOR ' s or ENGINEER's field offices , repair or replacement of existing utilities , job signs , sanitary requirements , testing , safety devices , replacement of unpaved roads , clean-up , protection of the Work and property, field verification or location of buried utilities , water supplies , power, maintaining traffic, removal of waste , watchmen , and all other similar requirements of the General Conditions , Supplementary Conditions , General Requirements , and the Specifications . Compensation for all such services , things , and materials shall be included in the prices stipulated for the lump sum or unit price pay items , as applicable , listed herein . B . Each lump sum and unit bid price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each separately identified item . C . Note that many of the descriptions for payment of the bid items listed below may include the words "including but not limited to , " followed by a list of specific items that are included in the bid item . The use of "included but not limited to , " or similar words , means that other items may be included in the bid item , but they have not been listed by the ENGINEER. If a list is provided , it is intended only as an aid to the CONTRACTOR and it shall not limit the actual items that are included in the bid item . 1 . 2 ENGINEER' S ESTIMATE OF QUANTITIES A. ENGINEER' s estimated quantities for unit bid prices , as listed in the Bid Form , are approximate only and are included solely for the purpose of comparing Bids . OWNER does not expressly or by implication agree that the nature of the materials encountered or the actual quantities of material encountered or required will correspond therewith . OWNER reserves the right to increase or decrease any quantity or to eliminate any quantity as OWNER may deem necessary. CONTRACTOR will not be entitled to any adjustment in a unit bid price as a result Last revised 4/29/03 01025- 1 EAST GIFFORD FAPublic Works\KeithM\Stormvater Projects\Gfford East\Construction Contract\Technical Specifications\Fnal Specifications0vision 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc of any change in an estimated quantity and agrees to accept the aforesaid unit bid prices as complete and total compensation for any additions or deductions caused by a variation in quantities as a result of more accurate measurement, or by any changes or alterations in the Work ordered by OWNER , and for use in the computation of the value of the Work performed for progress payments . 1 . 3 RELATED PROVISIONS A. Payments to CONTRACTOR : Refer to General Conditions and Agreement. B . Changes in Contract Price : Refer to General Conditions , 1 .4 BID ITEMS GENERAL ITEMS A. Item 1 . 01 — Mobilization/Demobilization : 1 . Measurement and Payment: The lump sum payment will be full compensation for mobilization of construction operations , including but not limited to , performance of construction preparatory operations , including all labor and materials necessary to transport equipment and personnel to the project site , temporary construction utilities , CONTRACTOR's field offices , and removing all of the CONTRACTOR Is equipment, etc. from the project site when the Work is complete . The total lump sum to be paid for this item shall not exceed five (5) percent of the total bid. Fifty (50) percent of the bid item amount may be paid in the first application for payment and the remaining fifty (50 ) percent of the bid item amount shall be paid in the last application for payment as demobilization . No additional payment will be made for demobilization or remobilization due to shutdowns , suspensions of work or for other mobilization activities . B . Item 1 . 02 - Maintenance of Traffic: 1 . Measurement and Payment: The lump sum payment will be full compensation for implementation of the Traffic Control Plan , including but not limited to , furnishing all labor, materials , equipment and incidentals required to maintain traffic, including necessary detour facilities and traffic control signals during construction , and conformance to requirements of the Contract Documents , the "Manual of Uniform Traffic Control Devices" ( M . U . T. C . D . ) Part IV , and Florida Department of Transportation Roadway and Traffic Design Standards Index No . 600 series . Payment will be based on percent of earned contract (i . e . , 10 percent of lump sum amount will be paid at 10 percent of earned contract amount) . Last revised 4/29/03 01025-2 EAST GIFFORD F:\Public Works\KeithM\Stormvater Projects\Gifford East\Construction Contract\Technical Specifications\Rnal Specifications0vision 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc 4 1 Y Y 1 C . Item 1 . 03 - Project Record Documents : 1 . Measurement and Payment: The lump sum payment will be full compensation , including but not limited to , all labor, materials , and equipment required to prepare Project Record Documents , including survey work and AutoCad work. This bid item shall be paid in the final pay request and after the Record Documents have been approved by the ENGINEER. No partial payments for Project Record Documents shall be made . No additional paymentwill be made for revisions to Project Record Documents to make them comply with the contract requirements . D . Item 1 . 04 - Performance Bond : 1 . Measurement and Payment: The lump sum payment will be full compensation for providing a Performance Bond as required by these Contract Documents . The total lump sum to be paid for this item shall not exceed one and one - half ( 1 . 5) percent of the total bid . Twenty-five (25) percent of the bid item amount may be paid in the first application for payment and the remaining seventy-five (75 ) percent of the bid item amount shall be paid in the last application for payment. E . Item 1 . 05 - Payment Bond : 1 . Measurement and Payment: The lump sum payment will be full compensation for providing a Payment Bond as required by these Contract Documents . The total lump sum to be paid for this item shall not exceed one and one -half ( 1 . 5) percent of the total bid . Twenty-five (25 ) percent of the bid item amount may be paid in the first application for payment and the remaining seventy-five (75) percent of the bid item amount shall be paid in the last application for payment. F . Item 1 . 06 - Survey Work: 1 . Measurement and Payment: The lump sum payment will be full compensation , including but not limited to , all labor, materials , and equipment required to establish and protect survey control points , replace disturbed or destroyed property monuments and survey control points , and perform construction staking . Twenty-five (25) percent of the bid item amount may be paid in the first application for payment, twenty-five (25) percent may be paid at approximately the one-half way point in the construction contract , and the remaining fifty (50 ) percent of the bid item amount shall be paid in the last application for payment. G . Item 1 . 07 — Project Photographs : 1 . Measurement and Payment: The lump sum payment will be full compensation for photographic construction documentation as specified . Twenty-five (25 ) percent of the bid item amount may be paid in the first application for payment and the remaining seventy-five (75 ) percent of the bid item amount shall be Last revised 4/29/03 01025=3 EAST GIFFORD FAPublic Works\KeithM\Stormvater Projects\Gifford East\Construction Contract\Technical Specifications\Final SpecificationsTivision 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc paid in the last application for payment. H . Item 1 . 08 - Insurance Coverage (Bid Items 1 . 08A through F , inclusive ) : 1 . Measurement and Payment: The lump sum payment will be full compensation for providing the insurance coverage required by the Contract Documents . Payment for Insurance Coverage will not be made until the project is complete and accepted by the OWNER . EARTHWORK I . Item 2 . 01 — Prevention , Control , and Abatement of Erosion and Water Pollution From the Construction Site and the Contractor' s Activities : 1 . 1 Item 2 . 01A — Design . 1 . Measurement and Payment: The lump sum payment will be full compensation for site-specific design of an erosion and stormwater pollution control system (s) by a specialty subcontractor in accordance with the Contract Documents and regulatory requirements , including but not limited to, all labor; materials ; and equipment . 1 . 2 Item 2 . 01 B — Installation : 1 . Measurement and Payment: The lump sum payment will be full compensation for a specialty subcontractor installing an erosion and stormwater pollution control system(s) in accordance with the Contract Documents and regulatory requirements , including but not limited to , all labor, materials ; and equipment. Upon proper installation , the CONTRACTOR may be paid for up to 75 percent of the bid item amount, with the remainder being paid when the Work is complete and accepted by the OWNER . 1 . 3 Item 2 . 01 C — Maintenance : 1 . Measurement and Payment: The lump sum payment will be full compensation for a specialty subcontractor maintaining the erosion and stormwater pollution control system (s ) in accordance with the Contract Documents and regulatory requirements , including but not limited to , all labor; additional materials ; replacement materials ; and equipment. The CONTRACTOR may invoice for 50 percent of this bid item when the Work is approximately one-half complete . The remainder will be paid when the Work is complete and accepted by the OWNER . J . Item 2 . 02 - Demolitions : 1 . Measurement and Payment: The lump sum payment will be full compensation for providing all labor, materials , equipment, and transportation required for demolition activities , including but not limited to protection of surrounding property , demolition , disposal of demolished materials (including but not limited to existing structures , trash , debris , equipment, etc . ) , and cleaning . Last revised 4/29/03 010254 EAST GIFFORD F:\Public Works\KeithM\StormYoter Projects\Gfford East\Construction Contract\Technical Specifications\Final SpecificationsTivision 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc K. Item 2 . 03 on Clearing and Grubbing : 1 . Measurement and Payment: The lump sum payment will be full compensation for clearing and grubbing , including but not limited to , all labor, materials and equipment, obtain required permits , permit fees , removal of existing pipe , and disposal of debris . L. Item 2 . 04 - Grading Swales : 1 . Measurement and Payment: The lump sum payment will be full compensation for grading swales , including but not limited to , all labor, grading , compaction , testing , materials , and equipment . M . Item 2 . 05 - Driveway Reconstruction : 1 . Measurement and Payment: The lump sum payment will be full compensation for driveway reconstruction , including but not limited to all labor, equipment, grading , compaction , testing , removing and replacing existing driveway culverts with new culverts meeting Indian River County standards , and removing and replacing existing driveway materials . N . Item 2 . 06 - Sodding - Bahia : 1 . Measurement: The quantity of sod in-place will be the actual number of square yards furnished and installed . 2 . Payment: The unit price for each square yard of sod will be full compensation for furnishing all labor, materials , and equipment for installation , including but not limited to , grading , sod , fertilizer, maintenance , mowing , and watering . Note : Payment for sodding will only be made within the limits shown on the Drawings or specified . All other sodding required due to the CONTRACTOR working outside the Limits of Construction shall be at no cost to the OWNER . O . Item 2 . 07 — Hydro-Seeding : 1 . Measurement : The quantity of hydro-seeding will be the actual number of square yards hydro-seeded . 2 . Payment: The unit price for each square yard of hydro-seeding will be full compensation for furnishing all labor, materials , and equipment for installation , including but not limited to , grading , seed , mulch , fertilizer, maintenance , and watering . Note : Payment for hydro-seeding will only be made within the limits shown on the Drawings or specified . All other hydro-seeding required due to the CONTRACTOR working outside the Limits of Construction shall be at no cost to the OWNER. P . Item 2 . 08 — Stormwater Pond Excavation : 1 . Measurement and Payment: The lump sum payment will be full compensation for excavating and constructing the stormwater pond , including but not limited to , all labor, materials , and equipment, and hauling and disposing unsuitable Last revised 4/29/03 01025-5 EAST GIFFORD FAPublic Works\KelthM\Stormviater Projects\(afford East\Construction Contract\Technical Specifications\Anal Specifications\Division 1 \01025 - Measurement and Payment - Revised April 29 , 2003.doc i material . Q . Item 2 . 09 — Stockpile Excess Topsoil and Excavated Material Per Specifications : 1 . Measurement and Payment: The lump sum payment will be full compensation for hauling and stockpiling excess topsoil and excess excavated material . The lump sum payment includes , but is not limited to furnishing all labor, materials , tools , equipment, and transportation . Note : Indian River County will provide labor, equipment, and machinery necessary to spread and stockpile the material at the stockpile site. STRUCTURES R . Items 3 . 01 , 3 . 02 , 3 . 03 , 3 . 04 , 3 . 05 , and 3 . 06 — [Miscellaneous Structures] : 1 . Measurement: The quantity of structures in -place will be the number furnished and installed as shown and specified on the Drawings . 2 . Payment: The unit price for each structure will be full compensation for furnishing all labor, materials and equipment for installation , including but not limited to , furnishing and installing structure , inlet frame and grate/cover, dewatering , excavation , bedding stone , temporary sheeting , pipe connections , backfill , compaction , and final grading to provide a complete installation . PIPES S . Items 4 . 01 , 4 . 02 , 4 . 03 , 4 . 04 , 4 . 059 4 . 069 4 . 079 4 . 089 4 . 091 4 . 109 401 It 4 . 12 , and 4 . 19 — [Miscellaneous Drainage Pipe] : 1 . Measurement: The quantity of drainage pipe in-place will be the number of linear feet of each size and type furnished and installed as shown on the Drawings . The lengths of pipe will be measured horizontally along the centerline of the completed pipe . 2 . Payment: The unit price per linear foot will be full compensation for all labor, materials , tools and equipment, including but not limited to clearing and grubbing ; trench excavation ; concrete jackets/sleeves and filter fabric; furnishing , installing , cleaning , and testing of pipe ; drainage and dewatering ; site restoration ; temporary sheeting , shoring and bracing ; restoration of unpaved areas ; pipe bedding ; backfill and compaction ; grading ; and protection of existing utilities and structures . T . Item 4 . 13 — Railroad Crossing — Jack and Bore with Steel Carrier Pipe & Steel Casing Pipe , complete : 1 . Measurement and Payment: The lump sum payment will be full compensation for the bore and jack with steel carrier pipe and steel casing pipe in -place , furnished and installed as shown on the Drawings. The lump sum payment will be full compensation for furnishing all labor, materials , tools and equipment , Last revised 4/29/03 01025-6 EAST GIFFORD F:\Public Works\KeithM\Stormwater Projects\pfford East\Construction Contract\Technical Specifications\Fnal Specifications0vision 1 \01025 - Measurement and Payment - Revised April 29, 2003.doc Y including but not limited to installation , casing pipe , boring , jacking , casing spacers ; carrier pipe , jointing , cleaning ; drainage and dewatering ; specials ; site restoration ; temporary sheeting ; shoring and bracing ; excavation , backfill and compaction ; protection of exiting utilities and structures ; and conformance to the requirements of the Florida East Coast Railway Company, L . L . C . U . Items 4 . 14 , 4 . 15 , 4 . 16 , and 4 . 17 — [Miscellaneous 2 : 1 Mitered End Sections , including connector Pipe] : 1 . Measurement: The quantity of mitered ends in-place , will be the number of each size furnished and installed as shown on the Drawings . 2 . Payment: The unit price per mitered end will be full compensation for all labor, materials , tools and equipment, including but not limited to , clearing and grubbing ; trench excavation ; fumishing , installing , cleaning ; drainage and dewatering ; site restoration , temporary sheeting , shoring and bracing ; restoration of unpaved areas ; pipe bedding; backfill and compaction.; grading ; and protection of existing utilities and structures . V . Item 4 . 18 - Trench Safety System : 1 . Measurement and Payment: The lump sum payment will be full compensation for installing and maintaining a trench safety system , including but not limited to , all labor; materials ; and equipment. MISCELLANEOUS W . Item 5 . 01 - Remove and Replace 5' Wide Sidewalk: 1 . Measurement: The quantity of sidewalk removed and replaced will be the number of linear feet removed and replaced as shown on the Drawings . 2 . Payment: The unit price will be full compensation for all labor, materials , tools and equipment, including but not limited to , clearing and grubbing , compaction , forming , concrete , reinforcement, stripping forms , final grading , and site restoration . X. Item 5 . 02 — Adjust Existing Water Mains : 1 . Measurement and Payment: The lump sum payment will be full compensation for all labor, materials , tools and equipment, including but not limited to clearing and grubbing ; trench excavation ; fittings and appurtenances , specials , backfill and compaction , grading , testing , and all other work required by Indian River County Division of Utility Services and in accordance with Indian River County Division of Utility Services standards and specifications . Y . Item 5 . 03 — Core Existing Catch Basin : 1 . Measurement and Payment: The lump sum payment will be full compensation for coring the existing catch basin and connecting the pipe to the structure , Last revised 4/29/03 01025-7 EAST GIFFORD R\Public Works\KeithM\Storm%eter Projects\Gfford East\Construction contract\Technical Specifications\Fnal Specifications\Division 1 \01025 - Measurement and Paynent - Revised April 29 , 2003.doc J including but not limited to all labor, materials , equipment, connection , excavation , dewatering , grout , fittings and appurtenances , backfill , compaction and final grading . Z . Item 5 . 04 — Clean Yellow Sand Berm : 1 . Measurement and Payment: The lump sum payment will be full compensation for constructing the clean yellow sand berm as shown on the Drawings , including but not limited to all labor, materials , equipment, transportation , yellow sand , transportation , sieve analysis , placing , compaction and final grading . AA . Item 5 . 05 — 8' High Chain Link Fence and 16 ' wide Double Swing Gate , with 3- strand Barb Wire : 1 . Measurement: The quantity of chain link fence and swing gate in-place , will be the number of linear feet of fence furnished and installed as shown on the Drawings . 2 . Payment: The unit price per linear foot will be full compensation for all labor, materials , tools and equipment required for a complete installation , including but not limited to clearing and grubbing , grading , polyolefin elastomer coating , chain link fence fabric , tension wire , barbed wire , barbed wire attachments , line posts , corner posts , end posts , braces , truss rods , tie wires , swing gate , appurtenances , fittings , hardware , concrete , furnishing , installing , and site restoration . BB . Item 5 . 06 — Asphalt Pavement Repair at Road Crossings : 1 . Measurement and Payment: The lump sum payment will be full compensation for restoring the roads in accordance with the Construction Drawings and Specifications , and as directed bythe ENGINEER . The lump sum paymentwill be full compensation for furnishing all labor, materials and equipment including , but not limited to , saw cutting ; pavement removal and disposal , including transportation and disposal fees , compaction ; permits ; limerock base ; temporary asphalt seal coat surface , pavement markings ; repair or replacement of damaged traffic signal devices and loops ; prime coat; tack coat; and Type S- 1 asphaltic concrete for a complete patch . CC . Item 5 . 07 - Remove Existing 29"x45" Mitered End : 1 . Measurement and Payment: The lump sum payment will be full compensation for all labor, materials , tools and equipment, including but not limited to removal and disposal of existing mitered end ; clearing and grubbing , excavation ; drainage and dewatering ; restoration ; backfill and compaction , protection of existing utilities and structures ; and coordination for the relocation of existing facilities by the OWNER or utility. CC1 Item . 5 . 08 — Miscellaneous Stormwater Measuring and Recording Equipment : Last revised 4/29/03 01025-8 EAST GIFFORD R\Public WorksWeithmstormweter Projects\Efford East\Construction Contrac0echnical Specifications\Rnal Specificatlons\Division 1 \01 025 = Measurement and Payment - Revised April 29, 2003.doc 1 . Measurement and Payment: The lump sum payment will be full compensation for furnishing and supplying all equipment specified in Addendum No . 2 , Item No . 7 . ADDITIONAL UNIT PRICES - DD . Items 6 . 01 and 6 . 02 — Imported `Type 2 " and `Type 3° Fill/Backfill Material , in-place and compacted . 1 . Measurement: This volume will be calculated based on a trench or other excavation having the lines or grades shown or specified . The quantity will be calculated based on an in-place and compacted volume . 2 . Payment: The unit price per cubic yard for furnishing and installing the material will be full compensation for furnishing all labor, materials , tools and equipment, including but not limited to transportation , furnishing , placing , and compacting . EE . Item 6 . 03 - Excavation of Unsuitable Material as described in Paragraph 3 . 4 of Section 02220 : 1 . Measurement : This volume will be calculated based on a trench or other excavation having the lines or grades shown or specified . The quantity will be based on the calculated volume of the excavation (no "fluff factor") . 2 . Payment: The unit price per cubic yard for excavating and disposing unsuitable material will be full compensation for furnishing all labor, materials , tools and equipment , including but not limited to excavation , transportation , and disposing unsuitable material . FF. Item 6 . 04 — Trench Sheeting left in place at the ENGINEER' s directions : 1 . Measurement: The payment quantity will be the actual number of square feet of sheeting left in place at the direction of the ENGINEER . Measurement will consist of the area of the sheeting left in place from the bottom of the trench to a cut-off point two feet below the finished grade or as directed by the ENGINEER . 2 . Payment: The unit price per square foot for sheeting left in place at the direction of the ENGINEER will be full compensation for providing and installing sheeting , complete . GG . Item 6 . 05 = Sodding — St. Augustine "Bitter-Blue " : 1 . Measurement: The quantity of sod in-place will be the actual number of square yards furnished and installed . 2 . Payment: The unit price for each square yard of sod will be full compensation for furnishing all labor, materials , and equipment for installation , including but not limited to , grading , sod , fertilizer, maintenance , mowing , and watering . Note : Payment for sodding will only be made within the limits shown on the Drawings or specified . All other sodding required due to the CONTRACTOR Last revised 4/29/03 01025=9 EAST GIFFORD FAPublic Works\KeithM\Stormmter Projects\Gifford East\Construction Contract\Technical Speclfications\Fnal Specifications\Division 1 \01 025 - Measurement and Payment - Revised April 29, 2003.doc working outside the Limits of Construction shall be at no cost to the OWNER . HH , Item 6 . 06 — Seed and Mulch : I . Measurement: The quantity of seed and mulch will be the actual number of square yards seeded and mulched . 2 . Payment: The unit price for each square yard of seed and mulch will be full compensation for furnishing all labor, materials , and equipment for installation , including but not limited to , grading , seed , mulch , fertilizer, maintenance , and watering . Note : Payment for seed and mulch will only be made within the limits shown on the Drawings or specified . All other seed and mulch required due to the CONTRACTOR working outside the Limits of Construction shall be at no cost to the OWNER . ALTERNATIVE BID ITEMS II . Item 7 . 012 — Dispose Excess Topsoil and Excess Excavated Material at a site selected by the CONTRACTOR : 1 . Measurement and Payment: The lump sum payment will be full compensation for hauling and stockpiling excess topsoil and excess excavated material . The lump sum payment includes , but is not limited to furnishing all labor, materials , tools and equipment, transportation and disposal . JJ . Item 7 . 021 — Provide equipment to spread and stockpile excess topsoil and excess excavated material at the Indian River County disposal site : 1 . Measurement and Payment: The lump sum payment will be full compensation for spreading and stockpiling excess topsoil and excess excavated material . The lump sum payment includes , but is not limited to furnishing all labor, materials , tools and equipment, spreading , and stacking . KK . Item 7 . 03 - Selectively clear and grub ( per Section 02050 ) the Edward Berndt property immediately west of the proposed stormwater detention site , including permits , demolition , disposal , etc. : 1 . Measurement and Payment: The lump sum payment will be full compensation for selective clearing and grubbing , including but not limited to , all labor, materials and equipment , stumping , obtain required permits , permit fees , removal of existing pipe , and disposal of debris . + + END OF SECTION + + Last revised 4/29/03 01025- 10 EAST GIFFORD FAPublic Works\KeithM\Stormwater Projects\Gifford EashConstruction Contract\Technical Specifications\Final Specifications\Division 1 \01025 - Measurement and Paynent - Revised April 29, 2003.doc • Estimated DESCRIPTION Price Quantity Values Completed Quantity • - • Amount Amount Completed GENERAL ITEMS And Stored Maintenance of Traffic Performance Bond Payment Bond Survey Work . . . . - [own : ®�� L!� 1surance- - v Ell, ® E EARTHWORK Prevention , _ _ • • • - • Abatement of m `- . '�' Erosion - Water •/ Pollution - Construction • the Contractor's :�!- � U �qt Activities `E ''# �` , . " , E �' - a 4 :fia 4 I aE ;� 'w. ! =dE a f , -F»ti � E' E ' EE - " E Ex`EE� , Design � �. Eli xeEll-1 z r�a � a Inst - 1 ' , Demolitions - WAWA Le ®v �■■� . - - . /Bahia ®v� Scor—mwater Pond Excavation ( Engineer= estimates stormwater pond excavationn is 56 , 000 cubic yards , based on in - N lace volume 1 • . Percen • • / complet rem • • • • • . •Ito 0 -®a • • • , MEN SWIM • - � .vt.... "� a ,.. .c�tt.` .,": , ..iwz ,..�...siF„ .,�',�”. ,,��.� � �i,.; stns � �x": �a,. a�+„ (f� E + - yta x Conflict X03 ,ME , g �IigE, . gxrm a; M ,E =hgaW-1011 , E; PIPESkil s i mdR }i� �p� ,n EUX [RI, IN.' wT�a WERE,,WIN _ ® _as3kw..� dai.,b % �� ;, • . , 14 x23" Slotted • • • _ • • • • _� • ®� ® • • ®� Railroad • • • ' i • • Mitered • including 4' Pipe • • Mitered • , including • • • 34 x53” R • Mitered • -�a • I = , R • •Mitered • • • __ • •iTrench Safety System ll MI, . 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I . � � . • . . � � SECTION 00632 - CONTRACTORS FINAL CERTIFICATION OF THE WORK t (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 120 , enter ' into a contract for the performance of certain work , more particularly described as follows : EAST GIFFORD STORMWATER IMPROVEMENTS INDIAN RIVER COUNTY PROJECT #9219 UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth . Affiant further says that: 1 . CONTRACTOR has reviewed the Contract Documents . 2 . CONTRACTOR has reviewed the Work for compliance with the Contract Documents . 3 . CONTRACTOR has completed the Work in accordance with the Contract Documents , 4 . All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. ' 00632 — Contractor's Final Certification of the Work 00632- 1 FAPublic WorksWeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00632 - Contractor's Final Certification .doc 5 . The Work is complete and ready for final acceptance by the OWNER . ' 6 . CONTRACTOR hereby certifies that it has no claims against the OWNER . f (Corporate Seal ) (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 — Contractor's Final Certification of the Work 00632-2 FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & 1 Contract Documents\00632 - Contractor's Final Certification .doc ' SECTION 00634 - PROFESSIONAL SURVEYOR AND MAPPER ' S ' CERTIFICATION AS TO ELEVATIONS AND LOCATIONS OF THE WORK (TO BE COMPLETED BY A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER RETAINED BY THE CONTRACTOR AND TO ACCOMPANY CONTRACTOR 'S FINAL APPLICATION FOR PAYMENT) I CERTIFY that I am a Florida Professional Surveyor and Mapper retained by (insert name of CONTRACTOR) who is the CONTRACTOR for the following Project: EAST GIFFORD STORMWATER IMPROVEMENTS INDIAN RIVER COUNTY PROJECT #9219 ' 1 FURTHER CERTIFY that I have personally performed the survey work for the preparation of Record Drawings for the CONTRACTOR for this project or that such work was performed under my direct control and supervision . I FURTHER CERTIFY that all constructed elevations and locations of the Work are in conformance with the Contract Documents , except for discrepancies listed below. [attach additional sheets as necessary] 1 ( SURVEYOR ' S SEAL) CERTIFIED BY: ' Printed Name : Florida Professional Surveyor and Mapper Registration Number: Date Signed and Sealed by Professional Surveyor and Mapper: ' Company Name : Company Address : Telephone Number: + + END OF SECTION + + 00634- 1 F:\Public Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00634 - Professional Surveyor's Certification .doc SECTION 00640 — CERTIFICATION REGARDINEBARMENTS9 SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSIO — LOWER TIER FEDERALLY FUNDED ' TRANSACTIONS REQUIRED FOR ALL CONTRACTORS AND SUBCONTRACTORS 1 . The undersigned hereby certifies that neither it nor its principals is presently debarred , suspended , proposed for debarment , declared ineligible , or voluntarily excluded from participation in this transaction by any Federal department or agency . 2 . The undersigned also certifies that it and its principals : (a ) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining , attempting to obtain , or performing a public ( Federal , State or local ) transaction or contract under a public transaction ; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records , making false statements , or receiving stolen property. (b ) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal , State or local ) with commission of any of the offenses enumerated in paragraph 2 . (a ) of this Certification ; and (c) Have not within a three-year period preceding this certification had one or more public transactions ( Federal , State or local ) terminated for cause or default . 3 . Where the undersigned is unable to certify to any of the statements in this certification , an explanation shall be attached to this certification . Dated this day of , 20 BY Authorized Signature/Contractor Typed Name/ I itle Contractor's Firm Name Street Address Building , Suite Number City/State/Zip Code DEP FORM 11 -043 Rev(05/95) Area Code/Telephone Number 00640- 1 0060 Debarments , Suspension , upnBI dd Ineligibility, etc.FAPublic Works\KeithM\Stormwater Projects\Gifford East\Constructio hBiContract mennts\ nonrat Documents\00640 - Debarments, Suspension , Ineligibility, etc.doc 1 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION , INELIGIBILITY AND VOLUNTARY EXCLUSION = 1 LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1 . By signing and submitting this form , the certifying party is providing the certification set out below. 2 . The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into . If it is later determined that the certifying party knowingly rendered an erroneous certification , in addition to other remedies available to the Federal Government, the Department of Environmental 1 Protection ( DEP ) or agencies with which this transaction originated may pursue available remedies , including suspension and/or debarment. 3 . The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances . 4 . The terms covered transaction , debarred , suspended , ineligible , lower P g tier covered transaction , participant , person , primary covered transaction , principal , proposal , and voluntarily excluded , as used in this clause , have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 . You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations . 5 . The certifying party agrees by submitting this contract that should theproposed covered transaction be entered into , it shall not knowingly enter into any lower d rr tier 1 contract , or other covered transaction with a person who is debarred , suspended , declared ineligible , or voluntarily excluded from participation in this covered transaction , unless authorized by the DEP or agency with which this transaction originated . 6 . The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment , Suspension , Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction , " without modification , in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions . I7 . A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred , suspended , ineligible , or voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may decide the method and frequency by which it determines the eligibility of its principals . Each participant may, but is not required to , check the Nonprocurement List (Telephone No . (202 ) 501 -4740 or (202 ) 5014873 . ) 8 . Nothing contained in the foregoing shall be construed to require establishment of a ' system of records in order to render in good faith the certification required by this clause . The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business ' dealings . 9 . Except for transactions authorized under paragraph 5 of these instructions , if a participant in a covered transaction knowingly enters into a lower tier covered i00640-2 00640 — Debarments , Suspension , Ineligibility, etc. FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract 1 Documents\00640 - Debarments , suspension, Ineligibility, etc.doc 1 transaction with a person who is suspended , debarred , Ineligible , or voluntarily excluded from participation in this transaction , in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies , including suspension and/or debarment. 1 DEP FORM 11 -043 Rev(05/95) * * END OF SECTION 1 1 r00640-3 00640 — Debarments , Suspension , Ineligibility, etc. FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00640 - Debarments, Suspension , Ineligibility, etc.doc 1 SECTION 00642 - RELEASE OF CLAIMS BY CONTRACTOR ON EPA SUBAGREEMENT 1 REQUIRED FOR ALL CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR hereby releases the Florida Department of Environmental Protection (FDEP) and 1 the U. S . Environmental Protection Agency (EPA) from any and all claims that may arise under, or by virtue of, the Contract, except those claims which may be specifically exempted and set forth herein . Specific Exemptions : (attach additional sheet(s) if necessary) DEP CONTRACT NO . : V M803 CONTRACTOR: SIGNATURE OF AUTHORIZED INDIVIDUAL DATE TITLE : NOTARY: STATE OF COUNTY OF Sworn to and subscribed before me this day of 20 Signature of Notary Public ' Print, Type or Stamp Commissioned Name of Notary Public Personally Known or Produced Identification Type of Identification Produced * * END OF SECTION 00642- 1 00642 — Release of Claims Form FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00642 - Release of Claims Form .doc ' SECTION 00644 - DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S .C. 1352 (See reverse for public burden disclosure. ) 1 . Type of Federal Action : 2. Status of Federal Action : 3. Report Type: ❑1 a. contract b. grant a. bid/offer/application a. initial filing c . cooperative agreement b. initial award b. material change d. loan c. post-award For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name 1 and Address of Prime: ❑ Prime ❑ Subawardee Tier if known: iCongressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description : CFDA Number, if applicable: 1 8. Federal Action Number, if known: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI) : different from No. l0a) (last name, first name. MI): attach Continuation Sheets SF-LLL-A, if necessary) I11 . Information requested through this form is authorized by title 31 U.S.C. Signature:section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above Print Name: when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress Title: ' semi-annually and will be available for public inspection. Any, person who fails to file the required disclosure shall be subject to a civil penalty of not Telephone No.: Date: less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction ' Standard Form — LLL (Rev 7 — 97) 00644- 1 00644 — Disclosure of Lobbying Activities F:\Public Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract 1 Documents\00644 - Disclosure of Lobbying Activities.doc i INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES i This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1 . Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2 . Identify the status of the covered Federal action. i 3 . Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one ' organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1 ) . If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. ' 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number ; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., 11RFP-DE-90-001 ." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11 . The certifying official shall sign and date the form, print his/her name, title and telephone number. * * END OF SECTION 00644-2 00644 — Disclosure of Lobbying Activities F:\Public Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00644 - Disclosure of Lobbying Activities.doc ' GENERAL CONDITIONS � OF THE � CONSTRUCTION CONTRACT 1 1 1 i i 1 This document has important legal consequences ; consultation with an attorney is encouraged with respect to its use or ' modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. ' STANDARD GENERAL CONDITIONS OF THE ' CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COADUTTEE and Issued and Published Jointly By [INSERT LOGOS] PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS ' This document has been approved and endorsed by The Associated General [seal] Contractors of America Construction Specifications Institute [seal] These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A- 1 or 1910-8- A-2) ( 1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910- 17) ( 1996 Edition). ET "` C No. 1910-8 ( 1996 Edition) 1 ' Copyright © 1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council ' 1015 15th Street N.W. , Washington, DC 20005 American Society of Civil Engineers ' 345 East 47th Street, New York, NY 10017 TABLE OF CONTENTS Page ' ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . 01 Defined Terms . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1 . 02 Terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' ARTICLE 2 - PRELRvJI NARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 .01 Delivery of Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 0000 . ' 2 . 02 Copies of Documents . . . . . . . . . . . . .. . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . 2 .03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0000 . . 9 2 . 04 Starting the Work . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 05 Before Starting Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ' 2 . 06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 . 07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, AMENDING, REUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 . 01 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 090 . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . 3 . 02 Reference Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 .03 Reporting and Resolving Discrepancies . . . . . . . . . . . .. . . 3 .04 Amending and Supplementing Contract Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 .05 Reuse of Documents .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 4 - AVAILABILITY OF LANDS ; SUBSURFACE AND PHYSICAL CONDITIONS ; REFERENCE POINTS , , I I . . I I 1 1 6 . I I I . . 0 0 & a 6 a 0 a 0 0 0 0 a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 Availability of Lands , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 .02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . 4 .03 Differing Subsurface or Physical Conditions . , . . . . . . . . . . . . . . . . 0 . 000 * 0 . . . see . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 4 . 04 Underground Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ' 4. 05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . 6 . . 00 . . . . . . . . . . . . 4.06 Hazardous Environmental Condition at Site . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .01 Performance, Payment, and Other Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 02 Licensed Sureties and Insurers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 . 03 Certificates of Insurance. . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ' 5 .04 CONTRACTOR 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 .05 0WNER 's Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 .06 Property Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 ' 5 . 07 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 5 .08 Receipt and Application of Insurance Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 .09 Acceptance of Bonds and Insurance; Option to Replace . , , , " . , , , . , . , , , , , . . . I I I . . . 11119 5 . 10 Partial Utilization, Acknowledgment of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 r ARTICLE 6 - CONTRACTOR' S RESPONSIBILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6.01 Supervision and Superintendence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ' 6. 02 Labor; Working Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.03 Services, Materials, and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6. 04 Progress Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 091 . 0 . . . . . ' 6. 05 Substitutes and "Or-Equals ' . .. . . . . . . . . . . . 00 0 20 . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 07 Patent Fees and Royalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . sees . , * * . . . . . . . . . . . . 23 6. 08 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6. 10 Tazes . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 11 Use of Site and Other Areas . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . . . . . . . . . . 1 . . . . . . . . . . 1 . . 24 6. 13 Safety and Protection . .. . . .. . . . .. .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ' 6 14 Safety Representative . . . . 6. 15 Hazard Communication Programs 6. 16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . 25 6. 17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6. 18 Continuing the Work . . . . . . . . . . . . . . . . . . . . . . . . . ' 6. 19 CONTRACTOR 'S General Warranty and Guarantee, , , " . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 6.20Indemn cation . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . x . . . 27 ' ARTICLE 7 - OTHER WORK " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e too 1 27 7.01 Related Work at Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7. 02 Coordination . . . . . .. . . .. . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 28 ' ARTICLE 8 - O WNER'S RESPONSIBII.,TI'IES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 .01 Communications to Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0060 . . . . . . . . 28 8 . 03 Furnish Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 . 04 Pay Promptly When Due . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Lands and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ' 8 . 06 Insurance. . . . . . . . . . . . . . . . .. . . .. . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . 07 Change Orders , , . , , , , ,. 110 , 40 . . . 69 * . 99461111 . 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0000 . . 08 Inspections, Tests, and Approvals . , * , , . , , , , , , , , 11 . 11 8 . 09 Limitations on OWNER 's Responsibilities . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 8 . 10 Undisclosed Hazardous Environmental Condition . , , , , . , 29 8 . 11 Evidence of Financial Arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE 9 - ENGINEER' S STATUS DURING CONSTRUCTION . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9.01 OWNER 'S Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 29 9 .02 Visits to Site . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 .03 Project Representative .. . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. 04 Clarifications and Interpretations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0000 . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9.05 Authorized Variations in Work , , , , . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . a . . . . . . . . . . . . . . . . . . . . . otee . - oo , . . . . . . . . . . . . . . . . . 30 ' 9.06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9 .07 Shop Drawings, Change Orders and Payments. . . . . . . . . . . . . . . . . . . . " I . . . . . . . . . . . . . . . . . . . . . . . . 30 . . . . . . . . . . . . . 9 .09 Decisions on Requirements of Contract Documents and Acceptability of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 9 . 10 Limitations on ENGINEER 'S Authority and Responsibilities , . , , , , , , , , , " . 1906 ' . 0 6 . 0 @Goa . . I . . . 30 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 10.01 Authorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . 11 . . 31 ' 10.02 Unauthorized Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 .03 Execution of Change Orders . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 31 10.04 Notification to Surety . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ' 10.05 Claims and Disputes . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK . . . . . . . . . . . . . . . . . . . . .. . . . . 000 . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . 32 11 . 01 Cost of the Work. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 11 . 02 Cash Allowances . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 . 03 Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12.01 Change of Contract Price . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 .02 Change of Contract Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' 12.03 Delays Beyond CONTRACTOR 'S Control. . . . . . . . . . . . . . . . . . . . 12. 04 Delays Within CONTRACTOR 's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . 36 12 . 06 Delay Damages . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 00 . . . . . . . . . 0 . . . . 36 ARTICLE 13 - TESTS AND INSPECTIONS ; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & . . . . . . . . . .. . . I1 . . . . . . . . . . . 00 . 0 . . . . . . . . . . . . . . . 36 13 .01 Notice of Defects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 .02 Access to Work , , , ,, " 36 . . . . . . . . . . . . . . . .. . . . . . . ' 13 .03 Tests and Inspections . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 13 .04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 .05 OWNER May Stop the Work. . . . . . . . . . .. . . . . .. . . " 37 . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 .06 Correction or Removal ofDefective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 ' 13 .07 CorrectionPeriod . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . 08 Acceptance of Defective Work . . . . . . . . . . . . . . . 13 .09 OWNER May Correct Defective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ' ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . logo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Settees 39 14.01 Schedule of Values . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3914.02 Progress Payments . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 CONTRACTOR 's Warrantyof Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14.05 Partial Utilization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14.06 Final Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14.07 Final Payment. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1111 . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 14.09 Waiver of Claims. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 111 . 1 . . . . . . 43 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15 . 01 OWNER May Suspend Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 . 02 OWNER May Terminate for Cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 .03 OWNER May Terminate For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 15 .04 CONTRACTOR May Stop Work or Terminate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 44 ARTICLE 16 - DISPUTE RESOLUTION. . . , , I * * a * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oose — ea , . . . oo . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 16. 01 Methods and Procedures . , , , , . , , , , , . . " , I I . . . 11 * 40 . . . go * . , . . . 0 . . . . . . . . . . . . . . . . . I * * . . * * * . . . . 0 . . . . . . . . 45 ARTICLE 17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . : 17.01 Giving Notice . . . . . . . . .. .. . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 17.03 Cumulative Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 17.04 Survival of Obligations . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 17.05 Controlling Law . , , . . . . . . . . . . . . . . . . . . . 060o . . 90 * . . . . . . . . . . . . . . . . . . . . . . . 45 r GENERAL CONDITIONS NOTE : SOME OF THE GENERAL CONDITIONS HAVE BEEN MODIFIED BY THE SUPPLEMENTARY CONDITIONS. IN THESE INSTANCES THE SECTIONS OF THE GENERAL CONDITIONS SO MODIFIED ' HAVE BEEN DENOTED HEREIN FOR THE CONTRACTOR' S CONVENIENCE. REFER TO THE SUPPLEMENTARY CONDITIONS FOR THE MODIFIED LANGUAGE. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 9. Change Order--A document recommended by ENGINEER which is signed by CONTRACTOR and ' 1 . 01 Defined Terms OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the A. Wherever used in the Contract Documents and Contract Times, issued on or after the Effective Date of the printed with initial or all capital letters, the terms listed Agreement. below will have the meanings indicated which are applicable to both the singular and plural thereof. 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or ' 1 . Addenda—Written or graphic instruments Contract Times, or both, or other relief with respect to the issued prior to the opening of Bids which clarify, correct, or terms of the Contract. A demand for money or services by a change the Bidding Requirements or the Contract third party is not a Claim. Documents . 11 . Contract--The entire and integrated written 2 . Agreement—The written instrument which is agreement between the OWNER and CONTRACTOR evidence of the agreement between OWNER and concerning the Work. The Contract supersedes prior CONTRACTOR covering the Work. negotiations, representations, or agreements, whether written or oral. 3 . Application for Payment—The form acceptable to ENGINEER which is to be used by CON- 12 . Contract Documents—The Contract Docu- ' TRACTOR during the course of the Work in requesting ments establish the rights and obligations of the parties and progress or final payments and which is to be accompanied include the Agreement, Addenda (which pertain to the Con- by such supporting documentation as is required by the tract Documents), CONTRACTOR' s Bid (including docu- Contract Documents, mentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) 4 . Asbestos—Any material that contains more when attached as an exhibit to the Agreement, the Notice to than one percent asbestos and is friable or is releasing Proceed, the Bonds, these General Conditions, the asbestos fibers into the air above current action levels Supplementary Conditions, the Specifications and the established by the United States Occupational Safety and Drawings as the same are more specifically identified in the Health Administration. Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and 5 . Bid—The offer or proposal of a bidder submit- ENGINEER' s written interpretations and clarifications ted on the prescribed form setting forth the prices for the issued on or after the Effective Date of the Agreement. Work to be performed. Approved Shop Drawings and the reports and drawings of ' subsurface and physical conditions are not Contract 6. Bidding Documents--The Bidding Documents. Only printed or hard copies of the items listed Requirements and the proposed Contract Documents (in- in this paragraph are Contract Documents. Files in cluding all Addenda issued prior to receipt of Bids). electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are 7. Bidding Requirements—The Advertisement or not Contract Documents. Invitation to Bid, Instructions to Bidders, Bid security form, ' if any, and the Bid form with any supplements. 13 . Contract Price--The moneys payable by OWNER to CONTRACTOR for completion of the Work in 8 . Bonds--Performance and payment bonds and accordance with the Contract Documents as stated in the ' other instruments of security. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 00700 - 6 ' Agreement (subject to the provisions of paragraph 11 .03 in the Solid Waste Disposal Act (42 USC Section 6903) as the case of Unit Price Work), amended from time to time. ' 14. Contract Times—The number of days or the 25 . Laws and Regulations; Laws or Regulations— dates stated in the Agreement to: (i) achieve Substantial Any and all applicable laws, rules, regulations, ordinances, Completion; and (ii) complete the Work so that it is ready codes, and orders of any and all governmental bodies, ' for final payment as evidenced by ENGINEER' s written agencies, authorities, and courts having jurisdiction. recommendation of final payment. 26. Liens—Charges, security interests, or 15 . CONTRACTOR--The individual or entity with encumbrances upon Project funds, real property, or personal whom OWNER has entered into the Agreement. property. 16 . Cost of the Work—See paragraph I LOLA for 27. Milestone--A principal event specified in the ' definition. Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the 17. Drawings—That part of the Contract Work. ' Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the 28 . Notice of Award—The written notice by Work to be performed by CONTRACTOR Shop OWNER to the apparent successful bidder stating that upon Drawings and other CONTRACTOR submittals are not timely compliance by the apparent successful' bidder with Drawings as so defined. the conditions precedent listed therein, OWNER will sign 18 . Effective Date of the Agreement—The date and deliver the Agreement. ' indicated in the Agreement on which it becomes effective, 29. Notice to Proceed--A written notice given by but if no such date is indicated, it means the date on which OWNER to CONTRACTOR fixing the date on which the the Agreement is signed and delivered by the last of the two Contract Times will commence to run and on which parties to sign and deliver. CONTRACTOR shall start to perform the Work under the ' 19. ENGINEER--The individual or entity named Contract Documents. as such in the Agreement. 30. OWNER--The individual, entity, public body, ' or authority with whom CONTRACTOR has entered into 20. ENGINEER 's Consultant—An individual or the Agreement and for whom the Work is to be performed. entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional 31 . Partial Utilization—Use by OWNER of a associate or consultant with respect to the Project and who substantially completed part of the Work for the purpose for is identified as such in the Supplementary Conditions. which it is intended (or a related purpose) prior to 21 . Field Order—A written order issued by Substantial Completion of all the Work. ENGINEER which requires minor changes in the Work but 32. PCBs—Polychlorinated biphenyls. which does not involve a change in the Contract Price or the Contract Times. 33 . Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of 22 . General Requirements—Sections of Division temperature and pressure (60 degrees Fahrenheit and 14. 7 1 of the Specifications. The General Requirements pertain pounds per square inch absolute), such as oil, petroleum, ' to all sections of the Specifications. fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 23 . Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, 34. Project—The total construction of which the ' Hazardous Waste, or Radioactive Material in such Work to be performed under the Contract Documents may quantities or circumstances that may present a substantial be the whole, or a part as may be indicated elsewhere in the danger to persons or property exposed thereto in connection Contract Documents. with the Work 35 . Project Manual--The bound documentary 24 . Hazardous Waste--The term Hazardous information prepared for bidding and constructing the ' Waste shall have the meaning provided in Section 1004 of Work A listing of the contents of the Project Manual, 00700 - 7 ' which may be bound in one or more volumes, is contained 45 . Supplier--A manufacturer, fabricator, suppli- in the table(s) of contents. er, distributor, materialman, or vendor having a direct ' contract with CONTRACTOR or with any Subcontractor to 36. Radioactive Material—Source, special nucle- furnish materials or equipment to be incorporated in the ar, or byproduct material as defined by the Atomic Energy Work by CONTRACTOR or any Subcontractor. Act of 1954 (42 USC Section 2011 et seq.) as amended ' from time to time. 46. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, 37. Resident Project Representative—The autho- tanks, tunnels, or other such facilities or attachments, and ' rized representative of ENGINEER who may be assigned to any encasements containing such facilities, including those the Site or any part thereof. that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable 38 . Samples—Physical examples of materials, television, water, wastewater, storm water, other liquids or ' equipment, or workmanship that are representative of some chemicals, or traffic or other control systems. portion of the Work and which establish the standards by which such portion of the Work will be judged. 47. Unit Price Work--Work to be paid for on the ' 39. Shop Drawings—All drawings, diagrams, basis of unit prices. illustrations, schedules, and other data or information which 48 . Work—The entire completed construction or are specifically prepared or assembled by or for CON- the various separately identifiable parts thereof required to ' TRACTOR and submitted by CONTRACTOR to illustrate be provided under the Contract Documents. Work includes some portion of the Work. and is the result of performing or providing all labor, services, and documentation necessary to produce such 40. Site—Lands or areas indicated in the Contract construction, and furnishing, installing, and incorporating Documents as being finnished by OWNER upon which the all materials and equipment into such construction, all as Work is to be performed, including rights-of-way and required by the Contract Documents. easements for access thereto, and such other lands furnished ' by OWNER which are designated for the use of 49 . Work Change Directive—A written statement CONTRACTOR. to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended ' 41 . Specifications—That part of the Contract by ENGINEER ordering an addition, deletion, or revision Documents consisting of written technical descriptions of in the Work, or responding to differing or unforeseen materials, equipment, systems, standards, and workmanship subsurface or physical conditions under which the Work is as applied to the Work and certain administrative details to be performed or to emergencies. A Work Change applicable thereto. Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change 42 . Subcontractor--An individual or entity having ordered or documented by a Work Change Directive will be ' a direct contract with CONTRACTOR or with any other incorporated in a subsequently issued Change Order Subcontractor for the performance of a part of the Work at following negotiations by the parties as to its effect, if any, the Site, on the Contract Price or Contract Times. ' 43 . Substantial Completion—The time at which 50. Written Amendment—A written statement the Work (or a specified part thereof) has progressed to the modifying the Contract Documents, signed by OWNER and point where, in the opinion of ENGINEER, the Work (or a CONTRACTOR on or after the Effective Date of the ' specified part thereof) is sufficiently complete, in Agreement and normally dealing with the nonengineering or accordance with the Contract Documents, so that the Work nontechnical rather than strictly construction-related aspects (or a specified part thereof) can be utilized for the purposes of the Contract Documents. ' for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the 1 . 02 Terminology Work refer to Substantial Completion thereof. ' 44. Supplementary Conditions—That part of the A. Intent of Certain Terms or Adjectives Contract Documents which amends or supplements these 1 . Whenever in the Contract Documents the General Conditions. terms "as allowed," "as approved," or terms of like ' effect or import are used, or the adjectives "reasonable," ' 00700 - 8 "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe " • ++ an action or determination of ENGINEER as to the used eenneetien with serviees, rnaterials) ' Work, it is intended that such action or determination equipment, Shall mean to furnish and install said will be solely to evaluate, in general, the completed , or- equipmefft eoenTlete and ready Work for compliance with the requirements of and €er- irAendeduse;. ' information in the Contract Documents and confor- mance with the design concept of the completed Project Paragraph DA has been deleted in its entirety. as a functioning whole as shown or indicated in the 4— When "ilias " ta11,'�e1:feM%" or- `!PFe Contract Documents (unless there is a specific statement ,hae++ : ^« , °a : _ _ .«L _ __ __ « , ' indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER " is , any duty or authority to supervise or direct the ' performance of the Work or any duty or authority to E. Unless stated otherwise in the Contract Docu- undertake responsibility contrary to the provisions of ments, words or phrases which have a well-known technical paragraph 9. 10 or any other provision of the Contract or construction industry or trade meaning are used in the ' Documents. Contract Documents in accordance with such recognized meaning. B . Day 1 . The word "day" shall constitute a ARTICLE 2 - PRELIMINARY MATTERS calendar day of 24 hours measured from midnight to the next midnight. 2 .01 Delivery of Bonds C. Defective A. When CONTRACTOR delivers the executed 1 . The word "defective," when modifying Agreements to OWNER, CONTRACTOR shall also deliver ' the word "Work," refers to Work that is to OWNER such Bonds as CONTRACTOR may be unsatisfactory, faulty, or deficient in that it does not required to furnish. conform to the Contract Documents or does not ' meet the requirements of any inspection, reference 2 . 02 Copies of Documents standard, test, or approval referred to in the Contract Documents, or has been damaged prior to A. OWNER shall finnish to CONTRACTOR up to ENGINEER's recommendation of final payment ten copies of the Contract Documents . Additional copies ' (unless responsibility for the protection thereof has will be furnished upon request at the cost of reproduction, been assumed by OWNER at Substantial Completion in accordance with paragraph 14 .04 or 2 .03 Commencement of Contract Times; Notice to ' 14 . 05). Proceed Paragraphs D.1 , 2 and 3 have been deleted and replaced A. The Contract Times will commence to run on the by new paragraphs. See the Supplementary Conditions. thirtieth day after the Effective Date of the Agreement or, if ' D . Furnish, Install, Perform, Provide a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at 1 . The werd "€ernisk" when used any time within 30 days after the Effective Date of the ' eenneeti^ ,, ,;«>+ iee mate fiat. er- e i Agreement. In no event will the Contract Times commence V V1111V Vi1V �, , shall to supply " a deliver-ive• aid to run later than the sixtieth day after the day of Bid opening mate als, ^' equipment « the S '« seme a or the thirtieth day after the Effective Date of the v1lµ1J Vl Z/ �i(Z�. [p�ZC�T[�. speeified lecatien) ready for- use or- instagatien Agreement, whichever date is earlier. sable er- operable eanditieffi 2 . 04 Starting the Work 2. The word "install," when used-in-eemw - ' Lien vAth serviees, materials, or- equipment shall A. CONTRACTOR shall start to perform the Work mean te put inte use or- plaee in final position sai on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the ' Feady feF intended use , Contract Times commence to run. 00700 - 9 K pufahase and maintain 2 . 05 Before Starting Construction fele-5: ^ A. CONTRACTOR 's Review of Contract Documents: Paragraph 2.06.A has been deleted and replaced with a Before undertaking each part of the Work, new paragraph. See the Supplementary Conditions. CONTRACTOR shall carefully study and compare the 2 .06 Preconstruction Conference Contract Documents and check and verify pertinent figures therein and all applicable field measurements. A. A idiin-20 days after- the Gent T ' 4 .. oaTa�xcc� axc-vvaacot : axxca otat t-tv CONTRACTOR shall promptly report in writing to nH4 bW before any Werk at the Site . ft a a eenfer-enee ENGINEER any conflict, error, ambiguity, or discrepancy attended-by GQNTRAG'€OPP , ENGPIEElt and eq}eFs as which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER ,n,deFstaadin.9 g the paF es as to the �x e& a 49 before proceeding with any Work affected thereby; diseuss the sehAda�es Fe er-ed to in para-mph 2 . 05i , ' however, CONTRACTOR shall not be liable to OWNER preeedums €er. handling—Saep lFe«4ags and ether or ENGINEER for failure to report any conflict, error, sabmWals, pmeessing—Appheatiens fOF Paymenh ambiguity, or discrepancy in the Contract Documents unless nmiatafiiingFequimd Feeefds . ' CONTRACTOR knew or reasonably should have known thereof. 2 .07 Initial Acceptance of Schedules B . Preliminary Schedules: Within ten days after the A. Unless otherwise provided in the Contract Docu- Effective Date of the Agreement (unless otherwise specified ments, at least ten days before submission of the first in the General Requirements), CONTRACTOR shall Application for Payment a conference attended by CON- submit to ENGINEER for its timely review: TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided 1 . a preliminary progress schedule indicat- below the schedules submitted in accordance with ing the times (numbers of days or dates) for starting paragraph 2 .05 .B. CONTRACTOR shall have an and completing the various stages of the Work, additional ten days to make corrections and adjustments and ' including any Milestones specified in the Contract to complete and resubmit the schedules. No progress Documents; payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. ' 2 , a preliminary schedule of Shop Drawing and Sample submittals which will list each required 1 . The progress schedule will be acceptable submittal and the times for submitting, reviewing, to ENGINEER if it provides an orderly progression and processing such submittal; and of the Work to completion within any specified Milestones and the Contract Times. Such accep- 3 , a preliminary schedule of values for all of tance will not impose on ENGINEER responsibility the Work which includes quantities and prices of for the progress schedule, for sequencing, schedul- items which when added together equal the Contract ing, or progress of the Work nor interfere with or Price and subdivides the Work into component parts relieve CONTRACTOR from CONTRACTOR's in sufficient detail to serve as the basis for progress full responsibility therefor. payments during performance of the Work. Such ' prices will include an appropriate amount of 2. CONTRACTOR's schedule of Shop overhead and profit applicable to each item of Drawing and Sample submittals will be acceptable Work. to ENGINEER if it provides a workable arrangement for reviewing and processing the Paragraph 2.05.0 has been deleted and replaced with a required submittals. new paragraph. See the Supplementary Conditions. G. Bvidenee-ef In;uranee= Before any Wefk at-the 3 . CONTRACTOR' s schedule of values Site is ..«ta ted, GQR DAGTGR and QWMn ..i, n 1, will be acceptable to ENGINEER as to form and deliver- te the other-, with eopies to eaeh additional iasufed substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. We (and other- e;4denee ef ' 00700 - 10 responsibility inconsistent with the provisions of the Contract Documents, ARTICLE 3 - CONTRACT DOCUMENTS : INTENT, ' AMENDING, REUSE 3 .03 Reporting and Resolving Discrepancies 3 . 01 Intent A. Reporting Discrepancies ' 1 . If, during the performance of the Work, A. The Contract Documents are complementary; CONTRACTOR discovers any conflict, error, ambi- what is called for by one is as binding as if called for by all. guity, or discrepancy within the Contract Documents ' or between the Contract Documents and any provi- sion of any Law or Regulation applicable to the B . It is the intent of the Contract Documents to performance of the Work or of any standard, ' describe a functionally complete Project (or part thereof) to specification, manual or code, or of any instruction be constructed in accordance with the Contract Documents. of any Supplier, CONTRACTOR shall report it to Any labor, documentation, services, materials, or equip- ENGINEER in writing at once. CONTRACTOR ' ment that may reasonably be inferred from the Contract shall not proceed with the Work affected thereby Documents or from prevailing custom or trade usage as (except in an emergency as required by paragraph being required to produce the intended result will be 6. 16.A) until an amendment or supplement to the provided whether or not specifically called for at no Contract Documents has been issued by one of the additional cost to OWNER. methods indicated in paragraph 3 .04 ; provided, however, that CONTRACTOR shall not be liable to C. Clarifications and interpretations of the Contract OWNER or ENGINEER for failure to report any Documents shall be issued by ENGINEER as provided in such conflict, error, ambiguity, or discrepancy unless Article 9 . CONTRACTOR knew or reasonably should have known thereof. 3 . 02 Reference Standards ' A. Standards, Specifications,, Codes, Laws, and B . Resolving Discrepancies Regulations 1 . Except as may be otherwise specifically ' stated in the Contract Documents, the provisions of 1 . Reference to standards, specifications, the Contract Documents shall take precedence in manuals, or codes of any technical society, organza- resolving any conflict, error, ambiguity, or tion, or association, or to Laws or Regulations, discrepancy between the provisions of the Contract whether such reference be specific or by implication, Documents and: shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of a. the provisions of any standard, ' opening of Bids (or on the Effective Date of the specification, manual, code, or instruction Agreement if there were no Bids), except as may be (whether or not specifically incorporated by otherwise specifically stated in the Contract reference in the Contract Documents) ; or Documents. ' b. the provisions of any Laws or 2. No provision of any such standard, Regulations applicable to the performance of the specification, manual or code, or any instruction of a Work (unless such an interpretation of the provi- Supplier shall be effective to change the duties or sions of the Contract Documents would result in responsibilities of OWNER, CONTRACTOR, or violation of such Law or Regulation). ENGINEER, or any of their subcontractors, consul- tants, 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 Work authority to supervise or direct the performance of or to modify the terms and conditions thereof in one or the Work or any duty or authority to undertake more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. 00700 - 11 tB. Upon reasonable written request, OWNER shall B . The requirements of the Contract Documents may furnish CONTRACTOR with a current statement of record be supplemented, and minor variations and deviations in the legal title and legal description of the lands upon which the Work may be authorized, by one or more of the following Work is to be performed and OWNER's interest therein as ways : (i) a Field Order; (ii) ENGINEER's approval of a necessary for giving notice of or filing a mechanic's or Shop Drawing or Sample; or (iii) ENGINEER's written construction lien against such lands in accordance with ' interpretation or clarification. applicable Laws and Regulations. 3 . 05 Reuse of Documents C. CONTRACTOR shall provide for all additional ' lands and access thereto that may be required for temporary A. CONTRACTOR and any Subcontractor or construction facilities or storage of materials and equip- Supplier or other individual or entity performing or ment, furnishing any of the Work under a direct or indirect ' contract with OWNER: (i) shall not have or acquire any title 4 . 02 Subsurface and Physical Conditions to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any A. Reports and Drawings: The Supplementary thereof) prepared by or bearing the seal of ENGINEER or Conditions identify: ENGINEER' s Consultant, including electronic media editions ; and (ii) shall not reuse any of such Drawings, 1 . those reports of explorations and tests of Specifications, other documents, or copies thereof on subsurface conditions at or contiguous to the Site extensions of the Project or any other project without that ENGINEER has used in preparing the Contract written consent of OWNER and ENGINEER and specific Documents; and written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and 2 , those drawings of physical conditions in acceptance of the Work, or termination or completion of the or relating to existing surface or subsurface struc- Contract. Nothing herein shall preclude CONTRACTOR tures at or contiguous to the Site (except from retaining copies of the Contract Documents for record Underground Facilities) that ENGINEER has used ' purposes, in preparing the Contract Documents. A new Section, 3.06 — "Coordination of Plans, B . Limited Reliance by CONTRACTOR on Technical ' Specifications, and Special Provisions" has been added. Data Authorized: CONTRACTOR may rely upon the See the Supplementary Conditions. general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not ARTICLE 4 - AVAILABILITY OF LANDS ; Contract Documents. Such "technical data" is identified in SUBSURFACE AND PHYSICAL CONDITIONS ; the Supplementary Conditions. Except for such reliance on REFERENCE POINTS such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any ' of ENGINEER's Consultants with respect to : 4 . 01 Availability of Lands 1 . the completeness of such reports and A. OWNER shall furnish the Site. OWNER shall drawings for CONTRACTOR's purposes, including, ' notify CONTRACTOR of any encumbrances or restrictions but not limited to, any aspects of the means, not of general application but specifically related to use of methods, techniques, sequences, and procedures of the Site with which CONTRACTOR must comply in construction to be employed by CONTRACTOR, I performing the Work. OWNER will obtain in a timely and safety precautions and programs incident manner and pay for easements for permanent structures or thereto; or permanent changes in existing facilities. If CON- TRACTOR and OWNER are unable to agree on entitle- 2 * other data, interpretations, opinions, and ment to or on the amount or extent, if any, of any adjust- information contained in such reports or shown or ment in the Contract Price or Contract Times, or both, as a indicated in such drawings; or result of any delay in OWNER' s famishing the Site, ' CONTRACTOR may make a Claim therefor as provided in 3 . any CONTRACTOR interpretation of or paragraph 10.05 . conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infor- mation. ' 00700 - 12 a. such condition must meet any one or New Paragraphs 4.02.0 and 4.02.D have been added. more of the categories described in paragraph See the Supplementary Conditions. 4 .03 .A; and ' 4 . 03 Deering Subsurface or Physical Conditions b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract ' A. Notice: If CONTRACTOR believes that any Price will be subject to the provisions of para- subsurface or physical condition at or contiguous to the Site graphs 9.08 and 11 .03 , that is uncovered or revealed either: 2. CONTRACTOR shall not be entitled to 1 . is of such a nature as to establish that any any adjustment in the Contract Price or Contract "technical data" on which CONTRACTOR is Times if entitled to rely as provided in paragraph 4 .02 is materially inaccurate; or a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR 2, is of such a nature as to require a change made a final commitment to OWNER in respect in the Contract Documents; or of Contract Price and Contract Times by the submission of a Bid or becoming bound under a 3 . differs materially from that shown or negotiated contract; or indicated in the Contract Documents; or b. the existence of such condition could 4. is of an unusual nature, and differs reasonably have been discovered or revealed as a materially from conditions ordinarily encountered result of any examination, investigation, explo- ' and generally recognized as inherent in work of the ration, test, or study of the Site and contiguous character provided for in the Contract Documents ; areas required by the Bidding Requirements or Contract Documents to be conducted by or for then CONTRACTOR shall, promptly after becoming aware CONTRACTOR prior to CONTRACTOR'S thereof and before further disturbing the subsurface or making such final commitment; or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph c . CONTRACTOR failed to give the 6 . 16.A), notify OWNER and ENGINEER in writing about written notice within the time and as required by such condition. CONTRACTOR shall not further disturb paragraph 4.03 .A. such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order Part of the second sentence of Paragraph 4.03 .C.3 has to do so . been deleted. 3 . If OWNER and CONTRACTOR are B . ENGINEER 's Review: After receipt of written unable to agree on entitlement to or on the amount ' notice as required by paragraph 4.03 .A, ENGINEER will or extent, if any, of any adjustment in the Contract promptly review the pertinent condition, determine the Price or Contract Times, or both, a Claim may be necessity of OWNER's obtaining additional exploration or made therefor as provided in paragraph 10 .05 . tests with respect thereto, and advise OWNER in writing However, OWNER, ENGINEER, and (with a copy to CONTRACTOR) of ENGINEER's findings ENGINEER' s Consultants shall not be liable to and conclusions. CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and C. Possible Price and Times Adjustments charges of engineers, architects, attorneys, and other professionals and all court 1 . The Contract Price or the Contract dispute resolution costs) sustained by Times, or both, will be equitably adjusted to the CONTRACTOR on or in connection with any other ' extent that the existence of such differing subsurface project or anticipated project. or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, 4 . 04 Underground Facilities performance of the Work; subject, however, to the following: A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect ' to existing Underground Facilities at or contiguous to the 00700 - 13 jSite is based on information and data famished to OWNER attributable to the existence or location of any or ENGINEER by the owners of such Underground Facili- Underground Facility that was not shown or ties, including OWNER, or by others. Unless it is otherwise indicated or not shown or indicated with reasonable ' expressly provided in the Supplementary Conditions: accuracy in the Contract Documents and that CONTRACTOR did not know of and could not 1 . OWNER and ENGINEER shall not be reasonably have been expected to be aware of or to responsible for the accuracy or completeness of any have anticipated. If OWNER and CONTRACTOR such information or data; and are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in 2 . the cost of all of the following will be Contract Price or Contract Times, OWNER or included in the Contract Price, and CONTRACTOR CONTRACTOR may make a Claim therefor as shall have full responsibility for: provided in paragraph 10.05 . a. reviewing and checking all such informa- 4 .05 Reference Points tion and data, A. OWNER shall provide engineering surveys to b. locating all Underground Facilities establish reference points for construction which in shown or indicated in the Contract Documents, ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR c. coordination of the Work with the shall be responsible for laying out the Work, shall protect owners of such Underground Facilities, and preserve the established reference points and property including OWNER, during construction, and monuments, and shall make no changes or relocations without the prior written approval of OWNER. d. the safety and protection of all such CONTRACTOR shall report to ENGINEER whenever any Underground Facilities and repairing any reference point or property monument is lost or destroyed or damage thereto resulting from the Work requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate B . Not Shown or Indicated replacement or relocation of such reference points or property monuments by professionally qualified personnel. 1 . If an Underground Facility is uncovered or revealed at or contiguous to the Site which was 4 .06 Hazardous Environmental Condition at Site not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract A. Reports and Drawings: Reference is made to the Documents, CONTRACTOR shall, promptly after Supplementary Conditions for the identification of those becoming aware thereof and before further reports and drawings relating to a Hazardous Environmental disturbing conditions affected thereby or performing Condition identified at the Site, if any, that have been any Work in connection therewith (except in an utilized by the ENGINEER in the preparation of the emergency as required by paragraph 6. 16.A), Contract Documents. identify the owner of such Underground Facility and give written notice to that owner and to OWNER B . Limited Reliance by CONTRACTOR on Technical and ENGINEER. ENGINEER will promptly review Data Authorized: CONTRACTOR may rely upon the the Underground Facility and determine the extent, general accuracy of the "technical data" contained in such if any, to which a change is required in the Contract reports and drawings, but such reports and drawings are not Documents to reflect and document the Contract Documents. Such "technical data" is identified in consequences of the existence or location of the the Supplementary Conditions . Except for such reliance on Underground Facility. During such time, such "technical data," CONTRACTOR may not rely upon CONTRACTOR shall be responsible for the safety or make any Claim against OWNER, ENGINEER or any of and protection of such Underground Facility. ENGINEER's Consultants with respect to: 2. If ENGINEER concludes that a change in 1 . the completeness of such reports and the Contract Documents is required, a Work Change drawings for CONTRACTOR' s purposes, including, Directive or a Change Order will be issued to reflect but not limited to, any aspects of the means, and document such consequences. An equitable methods, techniques, sequences and procedures of adjustment shall be made in the Contract Price or construction to be employed by CONTRACTOR Contract Times, or both, to the extent that they are t00700 - 14 • . - 1 • 1 1 • r • 9 1 • - 1 • ' 1 • • ' • • • 1 • 1 - • 1 . 1 1 - - • . EM WE - • . 1 • • • 1 • . - • - - - • 1 • 1 1 • 1 - • . 1 - . • 1 • • 1 • 1 • • . 1 - 1 • EVEMEMI EE • ' • ' 1 . 1 . . - - • • 1 . • 1 - - - 1 • . 1 • 1 • _ • 1 • • Q • YY ' • IEI WE • • 1 • - • . . 1 . 1 1 • 1 • t • 1 _ _ • 1 . • • 1 • 1 - - . • _ ' • ' • • r • • • • 1 • - - • _ _ _ _ _ _ _ _ or MIT9 Im. . . 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YY • • •PIP _ _ •I . • . . - As . YY • Arai Ill MOMPIsor al - As . 1. • . 1. L am am • /. - i • . I. 1 _ • • . W V • • . I. L • • .t am RMATIONA Valbimor.Tpr. 1. 1 _ _ • • . 1. 1 _ • • . M N &JPlm as as _ / 1. 1 _ _ • 1. / _ _ Mon go • • . 1. 1 _ 1. / _ gem • . I. / _ • • . YY • . Y • al 0 • 1. / _ _ • /. / _ _ • • . 1. / _ • . YYr • • . . . _ a "110 al • 1 • ' • • - • • 1 • - • • 1 . 1 RIRI • 1 • 1 1 - • • 1 1 1 • " 1 1 " 1 - � � _ 11 11 go kill rim I. 1 _ 4 DAR in I 111M MTris"INIP Nor-" IF I - INN • JOIN Ism • . I. 1ps • • • 1 • • • • • • - 1 • • • 1 • • • 1 "'O, MNOMMIll In • 1 _ 1 1 • . - - • • 1 .11111 WA MAYA Mrs"NETMIN's"IT . IF IF 11, 11 11 A WIL Wall ON OF JIM IM .NILW•WM • • • • 1 • • • • 1 . • - 1 • .INN Y • •VON • i • • • 1 - • • • - 1 • - • . _ _ 1. 1 _ _ • _ 1. 1 _ _ NN • 1 1 • • • 1 1 Ml � • I / / I I ' / _• / • I / ' • ON 11 IV _ _ • . /. 1 � • • • • 1 • • • • • • • • • • 1 ft WA 1 � • Is. 911111CINIA11PAR • I • • 1 • 1 ' • • • • " • 1 • . y • 1 ' 1 • 1 - • • • . 1 . • I - 1 - • " • INN 1100H Fog if owas 1 1 1 • • - 1 - - 1 1 - - • 1 - • • • 1 • • • • " 1 1 1 . 0- Tal - - • • • - 1 1 1 . 1 • • " 1 " • • • " • • MW - TIN • - • 1 • 1 • 1 / • 1 - • • • . 1 OF, Bill 011111111 111 hmpnms �, No I I IF P1 I _ • • . I. 1 _ I IF • . L 1 _ A. CONTRACTOR shall supervise, inspect, and facilities and incidentals necessary for the performance, direct the Work competently and efficiently, devoting such testing, start-up, and completion of the Work. ' attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with B . All materials and equipment incorporated into the the Contract Documents. CONTRACTOR shall be solely Work shall be as specified or, if not specified, shall be of responsible for the means, methods, techniques, sequences, good quality and new, except as otherwise provided in the ' and procedures of construction, but CONTRACTOR shall Contract Documents. All warranties and guarantees not be responsible for the negligence of OWNER or specifically called for by the Specifications shall expressly ENGINEER in the design or specification of a specific run to the benefit of OWNER If required by ENGINEER, means, method, technique, sequence, or procedure of CONTRACTOR shall furnish satisfactory evidence construction which is shown or indicated in and expressly (including reports of required tests) as to the source, kind, required by the Contract Documents. CONTRACTOR and quality of materials and equipment. All materials and shall be responsible to see that the completed Work equipment shall be stored, applied, installed, connected, ' complies accurately with the Contract Documents. erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, B . At all times during the progress of the Work, except as otherwise may be provided in the Contract Docu- CONTRACTOR shall assign a competent resident superin- ments. tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under 6.04 Progress Schedule extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have A. CONTRACTOR shall adhere to the progress authority to act on behalf of CONTRACTOR. All schedule established in accordance with paragraph 2 .07 as it communications given to or received from the superin- may be adjusted from time to time as provided below. tendent shall be binding on CONTRACTOR. 1 . CONTRACTOR shall submit to ENGI- 6 . 02 Labor; Working Hours NEER for acceptance (to the extent indicated in paragraph 2 .07) proposed adjustments in the prog- A. CONTRACTOR shall provide competent, suitably ress schedule that will not result in changing the qualified personnel to survey, lay out, and construct the Contract Times (or Milestones). Such adjustments Work as required by the Contract Documents. CON- will conform generally to the progress schedule then TRACTOR shall at all times maintain good discipline and in effect and additionally will comply with any order at the Site. provisions of the General Requirements applicable thereto. B . Except as otherwise required for the safety or protection of persons or the Work or property at the Site or 2. Proposed adjustments in the progress adjacent thereto, and except as otherwise stated in the schedule that will change the Contract Times (or Contract Documents, all Work at the Site shall be Milestones) shall be submitted in accordance with performed during regular working hours, and CON- the requirements of Article 12 . Such adjustments TRACTOR will not permit overtime work or the may only be made by a Change Order or Written performance of Work on Saturday, Sunday, or any legal Amendment in accordance with Article 12 . I holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to 6.05 Substitutes and "Or-Equals " ENGINEER. Paragraph 6.05.A has been deleted and replaced with a New Paragraphs 6.02.B.1 , 29 39 49 5, and 6 have been new paragraph. See the Supplementary Conditions. added. See the Supplementary Conditions. A. VW3m.eTeF an itemof ffmteii mitis 6 . 03 Services, Materials, and Equipment Supplier-, the speeifieafien OF deseriptien is intende A. Unless otherwise specified in the General Re- establish the type, € mefief4 appemmee, and �y quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, Fd like, transportation, construction equipment and machinery, sr�Qal"—ite:: a- ne V;:bruit :tie^ is Y.,e m3kWd, et ei i tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other ' 00700 - 20 �ae...��e y 6.O5 .A.2 .d, as supplemented in the General . st desetibed beieNNL Requirements and as ENGINEER may decide is ' appropriate under the circumstances. 1 . "Or-Equal " Items: If in ENGINEER'S sole discretion an item of material or equipment pro- d. CONTRACTOR shall first make written posed by CONTRACTOR is functionally equal to application to ENGINEER for review of a ' that named and sufficiently similar so that no change proposed substitute item of material or in related Work will be required, it may be con- equipment that CONTRACTOR seeks to furnish sidered by ENGINEER as an "or-equal" item, in or use. The application shall certify that the which case review and approval of the proposed proposed substitute item will perform adequately item may, in ENGINEER's sole discretion, be the functions and achieve the results called for accomplished without compliance with some or all by the general design, be similar in substance to of the requirements for approval of proposed substi- that specified, and be suited to the same use as tute items. For the purposes of this paragraph that specified. The application will state the 6 .05 .A. 1 , a proposed item of material or equipment extent, if any, to which the use of the proposed will be considered functionally equal to an item so substitute item will prejudice CONTRACTOR' s named if achievement of Substantial Completion on time, whether or not use of the proposed substitute Sentence 6.05.A.1 .a.(ii) has been deleted and replaced item in the Work will require a change in any of with a new sentence. See the Supplementary the Contract Documents (or in the provisions of Conditions. any other direct contract with OWNER for work a. in the exercise of reasonable judgment on the Project) to adapt the design to the ENGINEER determines that: (i) it is at least proposed substitute item and whether or not ' equal in quality, durability, appearance, strength, incorporation or use of the proposed substitute and design characteristics ; (ii) it 3A4" r-eia ' item in connection with the Work is subject to peFferm—at least equaHyLwellthe ftmetieH payment of any license fee or royalty. All inVesed by the design eeneept of the eenVlete variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, sales, b. CONTRACTOR certifies that: (i) there is maintenance, repair, and replacement services 1 no increase in cost to the OWNER; and (ii) it will be indicated. The application will also will conform substantially, even with deviations, contain an itemized estimate of all costs or to the detailed requirements of the item named in credits that will result directly or indirectly from the Contract Documents. use of such substitute item, including costs of redesign and claims of other contractors affected 2. Substitute Items by any resulting change, all of which will be considered by ENGINEER in evaluating the a. If in ENGINEER's sole discretion an proposed substitute item. ENGINEER may item of material or equipment proposed by require CONTRACTOR to fiunish additional CONTRACTOR does not qualify as an data about the proposed substitute item "or-equal" item under paragraph 6.05 .A. 1 , it will 1 be considered a proposed substitute item. B . Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or b. CONTRACTOR shall submit sufficient procedure of construction is shown or indicated in and information as provided below to allow ENGI- expressly required by the Contract Documents, CON- NEER to determine that the item of material or TRACTOR may furnish or utilize a substitute means, meth- equipment proposed is essentially equivalent to od, technique, sequence, or procedure of construction ' that named and an acceptable substitute therefor. approved by ENGINEER. CONTRACTOR shall submit Requests for review of proposed substitute items sufficient information to allow ENGINEER, in of material or equipment will not be accepted by ENGINEER' s sole discretion, to determine that the ENGINEER from anyone other than CON- substitute proposed is equivalent to that expressly called for 1 TRACTOR, by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subpara- c. The procedure for review by ENGI- graph 6.05 .A.2. NEER will be as set forth in paragraph ' 00700 - 21 ' C. Engineer 's Evaluation: ENGINEER will be such Subcontractor, Supplier, or other individual or entity allowed a reasonable time within which to evaluate each so identified may be revoked on the basis of reasonable proposal or submittal made pursuant to paragraphs 6.05 .A objection after due investigation. CONTRACTOR shall ' and 6. 05 .B . ENGINEER will be the sole judge of accept- submit an acceptable replacement for the rejected ability. No "or-equal" or substitute will be ordered, Subcontractor, Supplier, or other individual or entity, and installed or utilized until ENGINEER' s review is complete, the Contract Price will be adjusted by the difference in the ' which will be evidenced by either a Change Order for a cost occasioned by such replacement, and an appropriate substitute or an approved Shop Drawing for an "or equal." Change Order will be issued or Written Amendment signed. ENGINEER will advise CONTRACTOR in writing of any No acceptance by OWNER of any such Subcontractor, ' negative determination. Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of D . Special Guarantee: OWNER may require CON- OWNER or ENGINEER to reject defective Work. TRACTOR to furnish at CONTRACTOR' s expense a ' special performance guarantee or other surety with respect C. CONTRACTOR shall be fully responsible to to any substitute. OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities E. ENGINEER 's Cost Reimbursement: ENGINEER performing or finishing any of the Work just as will record time required by ENGINEER and CONTRACTOR is responsible for CONTRACTOR' s own ENGINEER' s Consultants in evaluating substitute proposed acts and omissions . Nothing in the Contract Documents or submitted by CONTRACTOR pursuant to paragraphs shall create for the benefit of any such Subcontractor, 1 6 .05 .A.2 and 6.05 .13 and in making changes in the Contract Supplier, or other individual or entity any contractual Documents (or in the provisions of any other direct contract relationship between OWNER or ENGINEER and any such with OWNER for work on the Project) occasioned thereby. Subcontractor, Supplier or other individual or entity, nor ' Whether or not ENGINEER approves a substitute item so shall it create any obligation on the part of OWNER or proposed or submitted by CONTRACTOR, CON- ENGINEER to pay or to see to the payment of any moneys TRACTOR shall reimburse OWNER for the charges of due any such Subcontractor, Supplier, or other individual or ENGINEER and ENGINEER's Consultants for evaluating entity except as may otherwise be required by Laws and ' each such proposed substitute. Regulations. F. CONTRACTOR 's Expense: CONTRACTOR shall A new sentence has been added at the end of Paragraph provide all data in support of any proposed substitute or 6.06.C. See the Supplementary Conditions. "or-equal" at CONTRACTOR' S expense. D. CONTRACTOR shall be solely responsible for 6 .06 Concerning Subcontractors, Suppliers, and Others scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or A. CONTRACTOR shall not employ any Subcon- finuishing any of the Work under a direct or indirect tractor, Supplier, or other individual or entity (including contract with CONTRACTOR. those acceptable to OWNER as indicated in paragraph 6 . 06 .13), whether initially or as a replacement, against whom E. CONTRACTOR shall require all Subcontractors, OWNER may have reasonable objection. CONTRACTOR Suppliers, and such other individuals or entities performing shall not be required to employ any Subcontractor, Supplier, or finuishing any of the Work to communicate with ENGI- or other individual or entity to fiunish or perform any of the NEER through CONTRACTOR. Work against whom CONTRACTOR has reasonable objection. F. The divisions and sections of the Specifications ' and the identifications of any Drawings shall not control B . If the Supplementary Conditions require the CONTRACTOR in dividing the Work among Subcon- identity of certain Subcontractors, Suppliers, or other tractors or Suppliers or delineating the Work to be individuals or entities to be submitted to OWNER in performed by any specific trade. ' advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if G. All Work performed for CONTRACTOR by a CONTRACTOR has submitted a list thereof in accordance Subcontractor or Supplier will be pursuant to an appropriate I with the Supplementary Conditions, OWNER' s acceptance agreement between CONTRACTOR and the Subcontractor (either in writing or by failing to make written objection or Supplier which specifically binds the Subcontractor or thereto by the date indicated for acceptance or objection in Supplier to the applicable terms and conditions of the ' the Bidding Documents or the Contract Documents) of any Contract Documents for the benefit of OWNER and 00700 - 22 ENGINEER. Whenever any such agreement is with a prosecution of the Work which are applicable at the time of Subcontractor or Supplier who is listed as an additional opening of Bids, or, if there are no Bids, on the Effective ' insured on the property insurance provided in paragraph Date of the Agreement. CONTRACTOR shall pay all 5 .06, the agreement between the CONTRACTOR and the charges of utility owners for connections to the Work, and Subcontractor or Supplier will contain provisions whereby OWNER shall pay all charges of such utility owners for the Subcontractor or Supplier waives all rights against capital costs related thereto, such as plant investment fees . OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in New Paragraphs 6.08.B, C, and D have been added. See the Supplementary Conditions to be listed as insureds or the Supplementary Conditions. ' additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors 6 . 09 Laws and Regulations of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the A. CONTRACTOR shall give all notices and comply ' perils or causes of loss covered by such policies and any with all Laws and Regulations applicable to the other property insurance applicable to the Work. If the performance of the Work. Except where otherwise insurers on any such policies require separate waiver forms expressly required by applicable Laws and Regulations, to be signed by any Subcontractor or Supplier, CONTRAC- neither OWNER nor ENGINEER shall be responsible for TOR will obtain the same. monitoring CONTRACTOR' s compliance with any Laws or Regulations. 1 6 . 07 Patent Fees and Royalties B . If CONTRACTOR performs any Work knowing A. CONTRACTOR shall pay all license fees and or having reason to know that it is contrary to Laws or royalties and assume all costs incident to the use in the Regulations, CONTRACTOR shall bear all claims, costs, ' performance of the Work or the incorporation in the Work losses, and damages (including but not limited to all fees of any invention, design, process, product, or device which and charges of engineers, architects, attorneys, and other is the subject of patent rights or copyrights held by others. professionals and all court or arbitration or other dispute If a particular invention, design, process, product, or device resolution costs) arising out of or relating to such Work; is specified in the Contract Documents for use in the however, it shall not be CONTRACTOR' s primary performance of the Work and if to the actual knowledge of responsibility to make certain that the Specifications and OWNER or ENGINEER its use is subject to patent rights or Drawings are in accordance with Laws and Regulations, but 1 copyrights calling for the payment of any license fee or this shall not relieve CONTRACTOR of CONTRACTOR' s royalty to others, the existence of such rights shall be obligations under paragraph 3 .03 . disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, C. Changes in Laws or Regulations not known at the CONTRACTOR shall indemnify and hold harmless time of opening of Bids (or, on the Effective Date of the OWNER, ENGINEER, ENGINEER' s Consultants, and the Agreement if there were no Bids) having an effect on the officers, directors, partners, employees or agents, and other cost or time of performance of the Work may be the subject consultants of each and any of them from and against all of an adjustment in Contract Price or Contract Times. If claims, costs, losses, and damages (including but not limited OWNER and CONTRACTOR are unable to agree on to all fees and charges of engineers, architects, attorneys, entitlement to or on the amount or extent, if any, of any such ' and other professionals and all court or arbitration or other adjustment, a Claim may be made therefor as provided in dispute resolution costs) arising out of or relating to any paragraph 10.05 . infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the 6. 10 Taxes ' incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents . A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by ' 6 . 08 Permits CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable A. Unless otherwise provided in the Supplementary during the performance of the Work. Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses . OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the 00700 - 23 ' 6. 11 Use of Site and Other Areas D. Loading Structures: CONTRACTOR shall not ' A. Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 1 . CONTRACTOR shall confine CONTRACTOR subject any part of the Work or adjacent construction equipment, the storage of materials and property to stresses or pressures that will endanger it. ' equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, 6 . 12 Record Documents and shall not unreasonably encumber the Site and other areas with construction equipment or other A. CONTRACTOR shall maintain in a safe place at materials or equipment. CONTRACTOR shall the Site one record copy of all Drawings, Specifications, assume full responsibility for any damage to any Addenda, Written Amendments, Change Orders, Work such land or area, or to the owner or occupant Change Directives, Field Orders, and written interpretations ' thereof, or of any adjacent land or areas resulting and clarifications in good order and annotated to show from the performance of the Work changes made during construction. These record documents together with all approved Samples and a 2. Should any claim be made by any such counterpart of all approved Shop Drawings will be available owner or occupant because of the performance of to ENGINEER for reference. Upon completion of the the Work, CONTRACTOR shall promptly settle Work, these record documents, Samples, and Shop with such other party by negotiation or otherwise Drawings will be delivered to ENGINEER for OWNER. 1 resolve the claim by arbitration or other dispute resolution proceeding or at law. 6. 13 Safety and Protection 3 . To the fullest extent permitted by Laws A. CONTRACTOR shall be solely responsible for and Regulations, CONTRACTOR shall indemnify initiating, maintaining and supervising all safety precautions and hold harmless OWNER, ENGINEER, and programs in connection with the Work. ENGINEER' s Consultant, and the officers, CONTRACTOR shall take all necessary precautions for the ' directors, partners, employees, agents, and other safety of, and shall provide the necessary protection to consultants of each and any of them from and prevent damage, injury or loss to: against all claims, costs, losses, and damages 1 (including but not limited to all fees and charges of 1 . all persons on the Site or who may be engineers, architects, attorneys, and other affected by the Work; professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 2, all the Work and materials and equip- any claim or action, legal or equitable, brought by ment to be incorporated therein, whether in storage any such owner or occupant against OWNER, on or off the Site; and ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon 3 , other property at the Site or adjacent CONTRACTOR'S performance of the Work. thereto, including trees, shrubs, lawns, walks, pave- ments, roadways, structures, utilities, and Under- B , Removal of Debris During Per of the ground Facilities not designated for removal, reloca- Work: During the progress of the Work CONTRACTOR tion, or replacement in the course of construction. shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and B . CONTRACTOR shall comply with all applicable ' disposal of such waste materials, rubbish, and other debris Laws and Regulations relating to the safety of persons or shall conform to applicable Laws and Regulations. property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all ' C. Cleaning: Prior to Substantial Completion of the necessary safeguards for such safety and protection. Work CONTRACTOR shall clean the Site and make it CONTRACTOR shall notify owners of adjacent property ready for utilization by OWNER At the completion of the and of Underground Facilities and other utility owners when Work CONTRACTOR shall remove from the Site all tools, prosecution of the Work may affect them, and shall ' appliances, construction equipment and machinery, and cooperate with them in the protection, removal, relocation, surplus materials and shall restore to original condition all and replacement of their property. All damage, injury, or property not designated for alteration by the Contract loss to any property referred to in paragraph 6 . 13 .A.2 or Documents. 6. 13 .A.3 caused, directly or indirectly, in whole or in part, ' 00700 - 24 by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by 6. 17 Shop Drawings and Samples any of them to perform any of the Work, or anyone for ' whose acts any of them may be liable, shall be remedied by A. CONTRACTOR shall submit Shop Drawings to CONTRACTOR (except damage or loss attributable to the ENGINEER for review and approval in accordance with the fault of Drawings or Specifications or to the acts or acceptable schedule of Shop Drawings and Sample omissions of OWNER or ENGINEER or ENGINEER' s submittals. All submittals will be identified as ENGINEER Consultant, or anyone employed by any of them, or anyone may require and in the number of copies specified in the for whose acts any of them may be liable, and not General Requirements. The data shown on the Shop attributable, directly or indirectly, in whole or in part, to the Drawings will be complete with respect to quantities, fault or negligence of CONTRACTOR or any dimensions, specified performance and design criteria, Subcontractor, Supplier, or other individual or entity materials, and similar data to show ENGINEER the directly or indirectly employed by any of them) . services, materials, and equipment CONTRACTOR ' CONTRACTOR' s duties and responsibilities for safety and proposes to provide and to enable ENGINEER to review for protection of the Work shall continue until such time as the information for the limited purposes required by all the Work is completed and ENGINEER has issued a paragraph 6. 17.E. notice to OWNER and CONTRACTOR in accordance with paragraph 14. 07 .B that the Work is acceptable (except as B . CONTRACTOR shall also submit Samples to otherwise expressly provided in connection with Substantial ENGINEER for review and approval in accordance with the 1 Completion). acceptable schedule of Shop Drawings and Sample submittals . Each Sample will be identified clearly as to 6. 14 Safety Representative material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGI- ' A. CONTRACTOR shall designate a qualified and NEER may require to enable ENGINEER to review the experienced safety representative at the Site whose duties submittal for the limited purposes required by paragraph and responsibilities shall be the prevention of accidents and 6. 17 .E. The numbers of each Sample to be submitted will the maintaining and supervising of safety precautions and be as specified in the Specifications. programs. C. Where a Shop Drawing or Sample is required by 6 . 15 Hazard Communication Programs the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as A. CONTRACTOR shall be responsible for coordi- required by paragraph 2.07, any related Work performed nating any exchange of material safety data sheets or other prior to ENGINEER' s review and approval of the pertinent hazard communication information required to be made submittal will be at the sole expense and responsibility of available to or exchanged between or among employers at CONTRACTOR. the Site in accordance with Laws or Regulations. D. Submittal Procedures 6 . 16 Emergencies 1 . Before submitting each Shop Drawing or A. In emergencies affecting the safety or protection of Sample, CONTRACTOR shall have determined and ' persons or the Work or property at the Site or adjacent verified: thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall a. all field measurements, quantities, dimen- give ENGINEER prompt written notice if CONTRACTOR sions, specified performance criteria, installation believes that any significant changes in the Work or requirements, materials, catalog numbers, and variations from the Contract Documents have been caused similar information with respect thereto; thereby or are required as a result thereof. If ENGINEER ' determines that a change in the Contract Documents is b. all materials with respect to intended use, required because of the action taken by CONTRACTOR in fabrication, shipping, handling, storage, assem- response to such an emergency, a Work Change Directive bly, and installation pertaining to the perfor- or Change Order will be issued, mance of the Work; c. all information relative to means, meth- ods, techniques, sequences, and procedures of ' 00700 - 25 ' construction and safety precautions and from the requirements of the Contract Documents programs incident thereto ; and unless CONTRACTOR has in writing called ' ENGINEER's attention to each such variation at the d. CONTRACTOR shall also have time of each submittal as required by paragraph reviewed and coordinated each Shop Drawing or 6 . 17 .D.3 and ENGINEER has given written Sample with other Shop Drawings and Samples approval of each such variation by specific written and with the requirements of the Work and the notation thereof incorporated in or accompanying Contract Documents . the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR 2 . Each submittal shall bear a stamp or from responsibility for complying with the require- specific written indication that CONTRACTOR has ments of paragraph 6. 17 .D . 1 . satisfied CONTRACTOR's obligations under the Contract Documents with respect to F. Resubmittal Procedures CONTRACTOR's review and approval of that submittal. 1 . CONTRACTOR shall make corrections required by ENGINEER and shall return the 3 . At the time of each submittal, CON- required number of corrected copies of Shop TRACTOR shall give ENGINEER specific written Drawings and submit as required new Samples for notice of such variations, if any, that the Shop Draw- review and approval. CONTRACTOR shall direct ing or Sample submitted may have from the require- specific attention in writing to revisions other than ments of the Contract Documents, such notice to be the corrections called for by ENGINEER on previ- in a written communication separate from the ous submittals. submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and New Paragraph 6.17.G has been added. See the Sample submitted to ENGINEER for review and Supplementary Conditions. approval of each such variation. 6. 18 Continuing the Work E. ENGINEER 'S Review A. CONTRACTOR shall carry on the Work and 1 . ENGINEER will timely review and adhere to the progress schedule during all disputes or approve Shop Drawings and Samples in accordance disagreements with OWNER. No Work shall be delayed or with the schedule of Shop Drawings and Sample postponed pending resolution of any disputes or submittals acceptable to ENGINEER. disagreements, except as permitted by paragraph 15 . 04 or as ENGINEER's review and approval will be only to OWNER and CONTRACTOR may otherwise agree in detem-iine if the items covered by the submittals will, writing, after installation or incorporation in the Work, con- form to the information given in the Contract Docu- 6. 19 CONTRACTOR 's General Warranty and ments and be compatible with the design concept of Guarantee the completed Project as a functioning whole as indicated by the Contract Documents. A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER' s Consultants that 2 . ENGINEER' s review and approval will all Work will be in accordance with the Contract Docu- not extend to means, methods, techniques, ments and will not be defective. CONTRACTOR' s sequences, or procedures of construction (except warranty and guarantee hereunder excludes defects or where a particular means, method, technique, damage caused by: sequence, or procedure of construction is specifically and expressly called for by the Contract 1 . abuse, modification, or improper main- Documents) or to safety precautions or programs tenance or operation by persons other than CON- incident thereto. The review and approval of a TRACTOR, Subcontractors, Suppliers, or any other separate item as such will not indicate approval of individual or entity for whom CONTRACTOR is the assembly in which the item functions, responsible; or t3 . ENGINEER's review and approval of 2 , normal wear and tear under normal Shop Drawings or Samples shall not relieve CON- usage. ' TRACTOR from responsibility for any variation ' 00700 - 26 • • ' • • • . • • 1 • • • 1 • MAN w 110. 11 A 1 " • 11 � • 1 • - • I - • • 1 • 1 1 • - 1 - - • . OF . 1 ' RA 11 • • • • • ' 1 1 . 1 1 • 1 Is 0 144 . - • • • - • 1. - • • . - • . . . _ . • • ' • 1 " • 1 1 1 • • • 1 • • • 1 11 1 • 11p, • 11Wif. op 11 1 1 1 • . • 1 • • • • • - • - 91 1 . 1 • • • - YY . P-90wr.w"riorvorm . A. 01 Marl— . BAS a • • 1 • • - • • 1 • 1 • • ' 1 • • o No 11111,0A Ll 1 1 • ' / ' / / / • • • - • • - • • - • • 1 " • • • • 1 • - • 1 - • 11 11 r written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; work; and 2 * the specific matters to be covered by such 2 . if OWNER and CONTRACTOR are authority and responsibility will be itemized; and unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract 3 , the extent of such authority and responsi- Price or Contract Times that should be allowed as a bilities will be provided. result of such other work, a Claim may be made therefor as provided in paragraph 10.05 . B . Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- B . CONTRACTOR shall afford each other contractor sibility for such coordination. who is a party to such a direct contract and each utility ' owner (and OWNER, if OWNER is performing the other work with OWNER' s employees) proper and safe access to ARTICLE 8 - OWNER ' S RESPONSIBILITIES the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work 8 . 01 Communications to Contractor with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, A. Except as otherwise provided in these General and patching of the Work that may be required to properly Conditions, OWNER shall issue all communications to connect or otherwise make its several parts come together CONTRACTOR through ENGINEER. and properly integrate with such other work. CON- TRACTOR shall not endanger any work of others by 8 .02 Replacement of ENGINEER cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Part of paragraph 8.02 .A has been deleted. ENGINEER and the others whose work will be affected. A. In case of termination of the employment of ' The duties and responsibilities of CONTRACTOR under ENGINEER, OWNER shall appoint an engineer4e-vAiem this paragraph are for the benefit of such utility owners and whose other contractors to the extent that there are comparable status under the Contract Documents shall be that of the ' provisions for the benefit of CONTRACTOR in said direct former ENGINEER. contracts between OWNER and such utility owners and other contractors. 8 . 03 Furnish Data C. If the proper execution or results of any part of A. OWNER shall promptly furnish the data required CONTRACTOR' s Work depends upon work performed by of OWNER under the Contract Documents. others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in 8 .04 Pay Promptly When Due writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper A. OWNER shall make payments to CONTRACTOR execution and results of CONTRACTOR' s Work. promptly when they are due as provided in paragraphs CONTRACTOR' s failure to so report will constitute an 14.02 .0 and 14.07.C. acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent 8 . 05 Lands and Easements; Reports and Tests ' defects and deficiencies in such other work. A. OWNER's duties in respect of providing lands and 7 . 02 Coordination easements and providing engineering surveys to establish reference points are set forth in paragraphs 4 .01 and 4 .05 . A. If OWNER intends to contract with others for the Paragraph 4 .02 refers to OWNER's identifying and making performance of other work on the Project at the Site, the available to CONTRACTOR copies of reports of explora- following will be set forth in Supplementary Conditions : tions and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or 1 , the individual or entity who will have subsurface structures at or contiguous to the Site that have authority and responsibility for coordination of the been utilized by ENGINEER in preparing the Contract ' Documents. 00700 - 28 bilities and the limitations of authority of ENGINEER as 8 . 06 Insurance OWNER' s representative during construction are set forth in the Contract Documents and will not be changed without A. OWNER's responsibilities, if any, in respect to written consent of OWNER and ENGINEER, purchasing and maintaining liability and property insurance are set forth in Article 5 . 9. 02 Visits to Site ' 8 . 07 Change Orders A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ' A. OWNER is obligated to execute Change Orders as ENGINEER deems necessary in order to observe as an indicated in paragraph 10. 03 . experienced and qualified design professional the progress that has been made and the quality of the various aspects of 8 . 08 Inspections, Tests, and Approvals CONTRACTOR' s executed Work. Based on information obtained during such visits and observations, ENGINEER, A. OWNER ' s responsibility in respect to certain for the benefit of OWNER, will determine, in general, if the inspections, tests, and approvals is set forth in paragraph Work is proceeding in accordance with the Contract ' 13 .03 .B . Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check 8 . 09 Limitations on OWNER 's Responsibilities the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater ' A. The OWNER shall not supervise, direct, or have degree of confidence that the completed Work will conform control or authority over, nor be responsible for, generally to the Contract Documents. On the basis of such CONTRACTOR' s means, methods, techniques, sequences, visits and observations, ENGINEER will keep OWNER ' or procedures of construction, or the safety precautions and informed of the progress of the Work and will endeavor to programs incident thereto, or for any failure of CON- guard OWNER against defective Work. TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be B . ENGINEER' s visits and observations are subject ' responsible for CONTRACTOR's failure to perform the to all the limitations on ENGINEER' s authority and Work in accordance with the Contract Documents. responsibility set forth in paragraph 9. 10, and particularly, but without limitation, during or as a result of ENGINEER's ' 8 . 10 Undisclosed Hazardous Environmental visits or observations of CONTRACTOR's Work Condition ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's A. OWNER's responsibility in respect to an undis- means, methods, techniques, sequences, or procedures of ' closed Hazardous Environmental Condition is set forth in construction, or the safety precautions and programs paragraph 4 . 06. incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the 8 . 11 Evidence of Financial Arrangements performance of the Work. A. If and to the extent OWNER has agreed to furnish 9.03 Project Representative CONTRACTOR reasonable evidence that financial ' arrangements have been made to satisfy OWNER' s A. If OWNER and ENGINEER agree, ENGINEER obligations under the Contract Documents, OWNER's will fiunish a Resident Project Representative to assist responsibility in respect thereof will be as set forth in the ENGINEER in providing more extensive observation of the ' Supplementary Conditions. Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9. 10 and in the ' ARTICLE 9 - ENGINEER' S STATUS DURING Supplementary Conditions . If OWNER designates another CONSTRUCTION representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of ' 9 .01 0 WNER 'S Represen tative such other individual or entity will be as provided in the Supplementary Conditions. A. ENGINEER will be OWNER's representative ' during the construction period. The duties and responsi- ' 00700 - 29 ' 9 . 04 Clarifications and Interpretations C. In connection with ENGINEER' s authority as to ' A. ENGINEER will issue with reasonable promptness Applications for Payment, see Article 14. such written clarifications or interpretations of the require- 9 .08 Determinations for Unit Price Work ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities ' intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed by ments. Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON- be binding on OWNER and CONTRACTOR. If OWNER TRACTOR the ENGINEER's preliminary determinations and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment or Contract Price or Contract Times, or both, that should be otherwise). ENGINEER's written decision thereon will be allowed as a result of a written clarification or interpre- final and binding (except as modified by ENGINEER to ' tation, a Claim may be made therefor as provided in reflect changed factual conditions or more accurate data) paragraph 10. 05 . upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05 . ' 9 . 05 Authorized Variations in Work 9 . 09 Decisions on Requirements of Contract A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work Work from the requirements of the Contract Documents ' which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the the Contract Times and are compatible with the design requirements of the Contract Documents and judge of the concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and ' indicated by the Contract Documents . These may be other matters relating to the acceptability of the Work, the accomplished by a Field Order and will be binding on quantities and classifications of Unit Price Work, the OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and ' TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05 , with a ' Claim may be made therefor as provided in paragraph request for a formal decision. 10. 05 . Paragraph 9.09.B has been deleted in its entirety. ' 9 . 06 Rejecting Defective Work B . When fimfie 'n ^ as rote-ffete- and judge under this paragraph r A. ENGINEER will have authority to disapprove or (Az1 R e=jONq:RAG 0R and • 411 not be liable in reject Work which ENGINEER believes to be defective, or eenneefiefl YAa.w any interpretation or- deeision Fendefed ' that ENGINEER believes will not produce a completed geed #aith-in sueh eapaeky. The render;ag of a deeZsieff-by Project that conforms to the Contract Documents or that ENGINEER pursuant to this pamgmph 9 . 09 m4th r-especA to. will prejudice the integrity of the design concept of the "I sueh Clai % disp 4e - -- �ether- # � r t y which completed Project as a functioning whole as indicated by heAre been waived by +w^ ---���� ^ «Ρr fin � the Contract Documents . ENGINEER will also have payin nt aa °a 1 n7) 11 be di Y � t•"•^ " paragraph x� v r7-=i.=rarvca�vricxrcxvxi authority to require special inspection or testing of the Work nree •dent •^ any ercereise by 03AZ MR rni rrn n CTO as provided in paragraph 13 .04, whether or not the Work is of sueh right e- edies as either- nmy ^thel - -- - ha fabricated, installed, or completed. under- the GentFaet Doeuments or- by Laws er- Regulatiens 41 9 . 07 Shop Drawings, Change Orders and Payments ' 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER's authority as to Responsibilities Shop Drawings and Samples, see paragraph 6. 17. A. Neither ENGINEER' s authority or responsibility ' B . In connection with ENGINEER's authority as to under this Article 9 or under any other provision of the Change Orders, see Articles 10, 11 , and 12. Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such ' authority or responsibility or the undertaking, exercise, or ' 00700 - 30 ' performance of any authority or responsibility by of an adjustment in the Contract Price or Contract Times, or ENGINEER shall create, impose, or give rise to any duty in both, that should be allowed as a result of a Work Change ' contract, tort, or otherwise owed by ENGINEER to Directive, a Claim may be made therefor as provided in CONTRACTOR, any Subcontractor, any Supplier, any paragraph 10.05 . other individual or entity, or to any surety for or employee or agent of any of them. 10.02 Unauthorized Changes in the Work ' B . ENGINEER will not supervise, direct, control, or A. CONTRACTOR shall not be entitled to an have authority over or be responsible for CONTRACTOR' s increase in the Contract Price or an extension of the ' means, methods, techniques, sequences, or procedures of Contract Times with respect to any work performed that is construction, or the safety precautions and programs not required by the Contract Documents as amended, incident thereto, or for any failure of CONTRACTOR to modified, or supplemented as provided in paragraph 3 .04, comply with Laws and Regulations applicable to the perfor- except in the case of an emergency as provided in paragraph ' mance of the Work. ENGINEER will not be responsible 6. 16 or in the case of uncovering Work as provided in for CONTRACTOR's failure to perform the Work in accor- paragraph 13 .04 .B . dance with the Contract Documents . 10.03 Execution of Change Orders C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any A. OWNER and CONTRACTOR shall execute Supplier, or of any other individual or entity performing appropriate Change Orders recommended by ENGINEER ' any of the Work. (or Written Amendments) covering: D . ENGINEER' s review of the final Application for 1 . changes in the Work which are : (i) Payment and accompanying documentation and all mainte- ordered by OWNER pursuant to paragraph 10. 0 LA, nance and operating instructions, schedules, guarantees, (ii) required because of acceptance of defective Bonds, certificates of inspection, tests and approvals, and Work under paragraph 13 .08 .A or OWNER's ' other documentation required to be delivered by paragraph correction of defective Work under paragraph 13 .09, 14 . 07.A will only be to determine generally that their or (iii) agreed to by the parties; content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the 2 , changes in the Contract Price or Contract ' results certified indicate compliance with, the Contract Times which are agreed to by the parties, including Documents. any undisputed sum or amount of time for Work actually performed in accordance with a Work ' E. The limitations upon authority and responsibility Change Directive; and set forth in this paragraph 9. 10 shall also apply to ENGINEER' s Consultants, Resident Project Repre 3 * changes in the Contract Price or Contract sentative, and assistants. Times which embody the substance of any written ' decision rendered by ENGINEER pursuant to para- ARTICLE 10 - CHANGES IN THE WORK; CLAIMS graph 10.05 ; provided that, in lieu of executing any such Change Order, an appeal may be taken from 1 any such decision in accordance with the provisions 10. 01 Authorized Changes in the Work of the Contract Documents and applicable Laws and Regulations, but during any such appeal, A. Without invalidating the Agreement and without CONTRACTOR shall carry on the Work and adhere ' notice to any surety, OWNER may, at any time or from time to the progress schedule as provided in paragraph to time, order additions, deletions, or revisions in the Work 6. 18 .A, by a Written Amendment, a Change Order, or a Work ' Change Directive. Upon receipt of any such document, 10.04 Notification to Surety CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable A. If notice of any change affecting the general scope conditions of the Contract Documents (except as otherwise of the Work or the provisions of the Contract Documents ' specifically provided). (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be B . If OWNER and CONTRACTOR are unable to given to a surety, the giving of any such notice will be agree on entitlement to, or on the amount or extent, if any, CONTRACTOR' s responsibility. The amount of each 00700 - 31 applicable Bond will be adjusted to reflect the effect of any such change. C. If ENGINEER does not render a formal decision ' in writing within the time stated in paragraph 10.05 .13, a 10 . 05 Claims and Disputes decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal A. Notice: Written notice stating the general nature of the claimant or the last submittal of the opposing party, ' of each Claim, dispute, or other matter shall be delivered by if any. the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after D . No Claim for an adjustment in Contract Price or ' the start of the event giving rise thereto. Notice of the Contract Times (or Milestones) will be valid if not amount or extent of the Claim, dispute, or other matter with submitted in accordance with this paragraph 10.05 . supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start ' of such event (unless ENGINEER allows additional time ARTICLE 11 - COST OF THE WORK; CASH for claimant to submit additional or more accurate data in ALLOWANCES ; UNIT PRICE WORK 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 11 .01 Cost of the Work Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B . A. Costs Included: The term Cost of the Work means ' Each Claim shall be accompanied by claimant's written the sum of all costs necessarily incurred and paid by CON- statement that the adjustment claimed is the entire TRACTOR in the proper performance of the Work. When adjustment to which the claimant believes it is entitled as a the value of any Work covered by a Change Order or when ' result of said event. The opposing party shall submit any a Claim for an adjustment in Contract Price is determined response to ENGINEER and the claimant within 30 days on the basis of Cost of the Work, the costs to be reimbursed after receipt of the claimant' s last submittal (unless to CONTRACTOR will be only those additional or ' ENGINEER allows additional time), incremental costs required because of the change in the Work or because of the event giving rise to the Claim B . ENGINEER 's Decision: ENGINEER will render Except as otherwise may be agreed to in writing by a formal decision in writing within 30 days after receipt of OWNER, such costs shall be in amounts no higher than ' the last submittal of the claimant or the last submittal of the those prevailing in the locality of the Project, shall include opposing party, if any. ENGINEER's written decision on only the following items, and shall not include any of the such Claim, dispute, or other matter will be final and costs itemized in paragraph 11 .01 .13 . binding upon OWNER and CONTRACTOR unless: 1 . Payroll costs for employees in the direct 1 . an appeal from ENGINEER's decision is employ of CONTRACTOR in the performance of taken within the time limits and in accordance with the Work under schedules of job classifications the dispute resolution procedures set forth in Article agreed upon by OWNER and CONTRACTOR. 16 ; or Such employees shall include without limitation superintendents, foremen, and other personnel 2 , if no such dispute resolution procedures employed full time at the Site. Payroll costs for have been set forth in Article 16, a written notice of employees not employed full time on the Work shall intention to appeal from ENGINEER's written be apportioned on the basis of their time spent on the decision is delivered by OWNER or CONTRAC- Work. Payroll costs shall include, but not be limited ' TOR to the other and to ENGINEER within 30 days to, salaries and wages plus the cost of fringe after the date of such decision, and a formal benefits, which shall include social security proceeding is instituted by the appealing party in a contributions, unemployment, excise, and payroll ' forum of competent jurisdiction within 60 days after taxes, workers ' compensation, health and retirement the date of such decision or within 60 days after benefits, bonuses, sick leave, vacation and holiday Substantial Completion, whichever is later (unless pay applicable thereto. The expenses of performing otherwise agreed in writing by OWNER and Work outside of regular working hours, on Saturday, CONTRACTOR), to exercise such rights or Sunday, or legal holidays, shall be included in the remedies as the appealing party may have with above to the extent authorized by OWNER. respect to such Claim, dispute, or other matter in ' accordance with applicable Laws and Regulations. ' 00700 - 32 2. Cost of all materials and equipment fur- rental agreements approved by OWNER with the nished and incorporated in the Work, including costs advice of ENGINEER, and the costs of ' of transportation and storage thereof, and Suppliers ' transportation, loading, unloading, assembly, field services required in connection therewith. All dismantling, and removal thereof. All such costs cash discounts shall accrue to CONTRACTOR shall be in accordance with the terms of said rental unless OWNER deposits funds with agreements. The rental of any such equipment, ma- CONTRACTOR with which to make payments, in chinery, or parts shall cease when the use thereof is which case the cash discounts shall accrue to no longer necessary for the Work. OWNER All trade discounts, rebates and refunds ' and returns from sale of surplus materials and d. Sales, consumer, use, and other similar equipment shall accrue to OWNER, and taxes related to the Work, and for which CON- CONTRACTOR shall make provisions so that they TRACTOR is liable, imposed by Laws and Regu- may be obtained. lations. ' 3 . Payments made by CONTRACTOR to e . Deposits lost for causes other than negli- Subcontractors for Work performed by gence of CONTRACTOR, any Subcontractor, or ' Subcontractors. If required by OWNER, CON- anyone directly or indirectly employed by any of TRACTOR shall obtain competitive bids from them or for whose acts any of them may be liable, subcontractors acceptable to OWNER and CON- and royalty payments and fees for permits and TRACTOR and shall deliver such bids to OWNER, licenses, who will then determine, with the advice of ENGI- NEER, which bids, if any, will be acceptable. If any f. Losses and damages (and related expenses) subcontract provides that the Subcontractor is to be caused by damage to the Work, not compensated by paid on the basis of Cost of the Work plus a fee, the insurance or otherwise, sustained by Subcontractor's Cost of the Work and fee shall be CONTRACTOR in connection with the perfor- determined in the same manner as mance of the Work (except losses and damages CONTRACTOR's Cost of the Work and fee as within the deductible amounts of property insurance ' provided in this paragraph 11 .01 . established in accordance with paragraph 5 .06.1)), provided such losses and damages have resulted 4 . Costs of special consultants (including from causes other than the negligence of ' but not limited to engineers, architects, testing CONTRACTOR, any Subcontractor, or anyone laboratories, surveyors, attorneys, and accountants) directly or indirectly employed by any of them or for employed for services specifically related to the whose acts any of them may be liable. Such losses Work. shall include settlements made with the written ' consent and approval of OWNER. No such losses, 5 . Supplemental costs including the damages, and expenses shall be included in the Cost following: of the Work for the purpose of determining ' CONTRACTOR' s fee. a. The proportion of necessary trans- portation, travel, and subsistence expenses of g. The cost of utilities, fuel, and sanitary ' CONTRACTOR' s employees incurred in discharge facilities at the Site. of duties connected with the Work h. Minor expenses such as telegrams, long b. Cost, including transportation and main- distance telephone calls, telephone service at the tenance, of all materials, supplies, equipment, Site, expressage, and similar petty cash items in machinery, appliances, office, and temporary facili- connection with the Work. ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of i. When the Cost of the Work is used to the Work, and cost, less market value, of such items determine the value of a Change Order or of a used but not consumed which remain the property of Claim, the cost of premiums for additional Bonds CONTRACTOR. and insurance required because of the changes in the ' Work or caused by the event giving rise to the C. Rentals of all construction equipment and Claim machinery, and the parts thereof whether rented ' from CONTRACTOR or others in accordance with ' 00700 - 33 j . When all the Work is performed on the D. Documentation: Whenever the Cost of the Work basis of cost-plus, the costs of premiums for all for any purpose is to be determined pursuant to paragraphs Bonds and insurance CONTRACTOR is required by 11 .01 .A and 11 .01 .B, CONTRACTOR will establish and ' the Contract Documents to purchase and maintain, maintain records thereof in accordance with generally accepted accounting practices and submit in a form B . Costs Excluded: The term Cost of the Work shall acceptable to ENGINEER an itemized cost breakdown ' not include any of the following items : together with supporting data. 1 . Payroll costs and other compensation of 11 .02 Cash Allowances ' CONTRACTOR' s officers, executives, principals (of partnerships and sole proprietorships), general A. It is understood that CONTRACTOR has included managers, engineers, architects, estimators, attor- in the Contract Price all allowances so named in the neys, auditors, accountants, purchasing and con- Contract Documents and shall cause the Work so covered to tracting agents, expediters, timekeepers, clerks, and be performed for such sums as may be acceptable to other personnel employed by CONTRACTOR, OWNER and ENGINEER. CONTRACTOR agrees that: whether at the Site or in CONTRACTOR's principal ' or branch office for general administration of the 1 . the allowances include the cost to CON- Work and not specifically included in the agreed TRACTOR (less any applicable trade discounts) of upon schedule of job classifications referred to in materials and equipment required by the allowances paragraph 11 .0l .A. 1 or specifically covered by to be delivered at the Site, and all applicable taxes; paragraph 11 .0l .A.4, all of which are to be and considered administrative costs covered by the CONTRACTOR's fee. 2. CONTRACTOR's costs for unloading 1 and handling on the Site, labor, installation costs, 2 . Expenses of CONTRACTOR' s principal overhead, profit, and other expenses contemplated and branch offices other than CONTRACTOR' s for the allowances have been included in the office at the Site . Contract Price and not in the allowances, and no demand for additional payment on account of any of 3 . Any part of CONTRACTOR' s capital the foregoing will be valid. expenses, including interest on CONTRACTOR's ' capital employed for the Work and charges against B . Prior to final payment, an appropriate Change CONTRACTOR for delinquent payments. Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of 4. Costs due to the negligence of CON- Work covered by allowances, and the Contract Price shall ' TRACTOR, any Subcontractor, or anyone directly be correspondingly adjusted. or indirectly employed by any of them or for whose acts any of them may be liable, including but not 11 . 03 Unit Price Work limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and A. Where the Contract Documents provide that all or making good any damage to property. part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price 5 . Other overhead or general expense costs Work an amount equal to the sum of the unit price for each of any kind and the costs of any item not specifically separately identified item of Unit Price Work times the and expressly included in paragraphs 11 .01 .A and estimated quantity of each item as indicated in the Agree- 1 , 01 .11 , ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of C. CONTRACTOR 's Fee: When all the Work is comparison of Bids and determining an initial Contract ' performed on the basis of cost-plus, CONTRACTOR' s fee Price. Determinations of the actual quantities and shall be determined as set forth in the Agreement. When classifications of Unit Price Work performed by the value of any Work covered by a Change Order or when CONTRACTOR will be made by ENGINEER subject to a Claim for an adjustment in Contract Price is determined the provisions of paragraph 9.08 . on the basis of. Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01 .C. B . Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to t00700 - 34 • • • • 1 . 1 - 11r=r"i ONS SAN• • •• _ _ • 1 • 1 1 1 1 " • 1 1 • - 1 • • . 1 - 1 - - Col • • . y • 1 I I •a . YY • • . , •� • 1 - 1 • • - • • 1 1 • • I - 1 • 1 1 - • 1 . 1 • 1 - / 1 / ll ON All VIM I C, SIM / _ • • • _ - 1 • 1 1 • 1 • • • YY • 11• of Fall La-me) • I IVA • yowl • • _ • • • . 1 • 1 - • • Will - • ii ' • • 1 • / • 1 - 1 1 - • / 1 - • _ • _ • _ _ - I • • - • ' 4 walk INISCIEVOLT.Oft E a Wall 1 1 • - • 1 1 ' 1 1 1 � • _ 1 • - ' Co' ' Mill 1 • - 1 • - • - • • • 1 • • . • • 1 . YY • • • YY • V � • _ _ _ _ • � 1 � i 1 � 1 1 1 1 I 11 11 ' graphs diFeugh ' 0 ' ^ 12 . 06 Delay Damages sive: Paragraphs 12.06.A and 12.06 B have been deleted and 12 . 02 Change of Contract Times replaced with a new paragraph. See the Supplementary Conditions. A. The Contract Times (or Milestones) may only be A. In no even. shag O";'*,TRD OF ENQNEER b changed by a Change Order or by a Written Amendment. , Any Claim for an adjustment in the Contract Times (or of any edwf per-son er- organization; of to "Y sur-ety fer- or- Milestones) shall be based on written notice submitted by empleyee of agent of y of theiF4 F a " " the party making the claim to the ENGINEER and the other of of resulting fiem party to the Contract in accordance with the provisions of paragraph 10.05 . }—heirs eausc�a by of m 'thi the een#el ef. B . Any adjustment of the Contract Times (or ' Milestones) covered by a Change Order or of any Claim for 2 , delays beyead —the—een#el of b an adjustment in the Contract Times (or Milestones) will be ' determined in accordance with the provisions of this hn4ted to fires, floods, epiderpies, Article 12 . eenditiens, aets ef Ged, OF a8tS OF neglea by eNN%er-s of other- eentmeter-s peFfeaning other- we 12 . 03 Delays Beyond CONTRACTOR 's Control as eentemplmed by ATfiele W . ' A. Where CONTRACTOR is prevented from B . Nothing in "s paragraph 12 . 06 bar-s a ehange in completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of , 4Aegefeaee, CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such . delay if a Claim is made therefor as provided in paragraph 12 .02 .A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by ARTICLE 13 - TESTS AND INSPECTIONS ; OWNER, acts or neglect of utility owners or other CORRECTION, REMOVAL OR ACCEPTANCE OF contractors performing other work as contemplated by DEFECTIVE WORK Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 13 .01 Notice of Defects 12 . 04 Delays Within CONTRACTOR 's Control A. Prompt notice of all defective Work of which A. The Contract Times (or Milestones) will not be OWNER or ENGINEER has actual knowledge will be extended due to delays within the control of given to CONTRACTOR. All defective Work may be CONTRACTOR. Delays attributable to and within the rejected, corrected, or accepted as provided in this control of a Subcontractor or Supplier shall be deemed to be Article 13 . ' delays within the control of CONTRACTOR 13 .02 Access to Work 12 .05 Delays Beyond OWNER 's and CONTRACTOR 's Control A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, A. Where CONTRACTOR is prevented from independent testing laboratories, and governmental agencies completing any part of the Work within the Contract Times with jurisdictional interests will have access to the Site and ' (or Milestones) due to delay beyond the control of both the Work at reasonable times for their observation, OWNER and CONTRACTOR, an extension of the inspecting, and testing. CONTRACTOR shall provide Contract Times (or Milestones) in an amount equal to the them proper and safe conditions for such access and advise time lost due to such delay shall be CONTRACTOR's sole them of CONTRACTOR's Site safety procedures and ' and exclusive remedy for such delay. programs so that they may comply therewith as applicable . ' 00700 - 36 13 .03 Tests and Inspections CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in A. CONTRACTOR shall give ENGINEER timely response to such notice. notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and A new Paragraph 13.03.G has been added. See the testing personnel to facilitate required inspections or tests. Supplementary Conditions. Paragraph 13.03.B has been deleted and replaced with a 13 .04 Uncovering Work new paragraph. See the Supplementary Conditions. ' B . QW ER-shah WXXJVA - W apray r the seMees c A. If any Work is covered contrary to the written testingan independent GORGnJ, request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and except: replaced at CONTRACTOR' s expense. ' i fer inspeetiens, tests, e: appreva s. Parts of the last two sentences of paragraph 13 .04.B ee3ver-ed by pafag aphs 13 03G and 1903 D bolder, have been deleted. ' B . If ENGINEER considers it necessary or advisable � • drat eests inauffed in eenneetien-,uvitl3 that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER' s 13 .04 .B shall be paid as pr-eN4ded in said paffiff request, shall uncover, expose, or otherwise make available 1 " • "� for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all 9 • as; :`4 e_A4se speeifieallyypmN4ded in the necessary labor, material, and equipment. If it is found that . such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, Paragraph 13 .03.0 has been deleted in its entirety. attorneys, and other professionals and all court or arbitration G. if Laws er- Regulations ef any publie body or other dispute resolution costs) arising out of or relating to ur-is ' e~ "n Fequire any Werk ("' pa# thereof) speeffi " such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or assume full responsibility €ez aF angingmd obtaining h replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the, ewi y and a ,.•..ish L'NCAIkTL`E the r and ,.ei4i fie the parties are unable to agree as to the amount thereof, 1 OWNER may make a Claim therefor as provided in paragraph 10.05 . If, however, such Work is not found to be D. CONTRACTOR shall be responsible for defective, CONTRACTOR shall be allowed arranging and obtaining and shall pay all costs in connection the GerAfaet Price e an extension of the Contract Times (or with any inspections, tests, or approvals required for Milestones), or—be414 directly attributable to such OWNER' s and ENGINEER' s acceptance of materials or uncovering, exposure, observation, inspection, testing, equipment to be incorporated in the Work; or acceptance of replacement, and reconstruction. If the parties are unable to materials, mix designs, or equipment submitted for approval agree as to the-ameunt-er extent thereof, CONTRACTOR prior to CONTRACTOR's purchase thereof for may make a Claim therefor as provided in paragraph 10. 05 . incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Paragraph 13.05.A has been deleted and replaced with a OWNER and ENGINEER, new paragraph. See the Supplementary Conditions. ' E. If any Work (or the work of others) that is to be 13 .05 OWNER May Stop the Work inspected, tested, or approved is covered by CONTRAC- TOR without written concurrence of ENGINEER, it must, A. is the Work is de ecti_c, VL_ GTO --fa'(, VV1 � 11GONTn A f, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph thP--eeffiVleted Werk.£ V-." , ea f ^„ to tffi �- 13 .03 .E shall be at CONTRACTOR's expense unless CON- Documents, ' TRACTOR has given ENGINEER timely notice of , ' 00700 - 37 ' eFde- was bee. . el-im- :--..teed ,. however-, this Fight of „;ir. mr B . In special circumstances where a particular item of 0 PBA equipment is placed in continuous service before of OIAIMR te -exer-eise 93 ht. the benefit 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. agent of any of ern; 1C. Where defective Work (and damage to other Work 13 . 06 Correction or Removal of Defective Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13 .07, the correction period ' A. CONTRACTOR shall correct all defective Work, hereunder with respect to such Work will be extended for whether or not fabricated, installed, or completed, or, if the an additional period of one year after such correction or Work has been rejected by ENGINEER, remove it from the removal and replacement has been satisfactorily completed. Project and replace it with Work that is not defective. ' CONTRACTOR shall pay all Claims, costs, losses, and D. CONTRACTOR' s obligations under this damages (including but not limited to all fees and charges of paragraph 13 .07 are in addition to any other obligation or engineers, architects, attorneys, and other professionals and warranty. The provisions of this paragraph 13 .07 shall not all court or arbitration or other dispute resolution costs) be construed as a substitute for or a waiver of the provisions arising out of or relating to such convection or removal of any applicable statute of limitation or repose. (including but not limited to all costs of repair or replacement of work of others) . 13 .08 Acceptance of Defective Work 13 . 07 Correction Period A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to A. If within one year after the date of Substantial ENGINEER's recommendation of final payment, Completion or such longer period of time as may be ENGINEER) prefers to accept it, OWNER may do so. prescribed by Laws or Regulations or by the terms of any CONTRACTOR shall pay all Claims, costs, losses, and applicable special guarantee required by the Contract damages (including but not limited to all fees and charges of Documents or by any specific provision of the Contract engineers, architects, attorneys, and other professionals and Documents, any Work is found to be defective, or if the all court or arbitration or other dispute resolution costs) repair of any damages to the land or areas made available attributable to OWNER's evaluation of and determination for CONTRACTOR's use by OWNER or permitted by to accept such defective Work (such costs to be approved Laws and Regulations as contemplated in paragraph 6. 1 LA by ENGINEER as to reasonableness) and the diminished is found to be defective, CONTRACTOR shall promptly, value of the Work to the extent not otherwise paid by 1 without cost to OWNER and in accordance with OWNER's CONTRACTOR pursuant to this sentence. If any such written instructions: (i) repair such defective land or areas, acceptance occurs prior to ENGINEER's recommendation or (ii) convect such defective Work or, if the defective Work of final payment, a Change Order will be issued has been rejected by OWNER, remove it from the Project incorporating the necessary revisions in the Contract and replace it with Work that is not defective, and (iii) Documents with respect to the Work, and OWNER shall be satisfactorily correct or repair or remove and replace any entitled to an appropriate decrease in the Contract Price, damage to other Work, to the work of others or other land reflecting the diminished value of Work so accepted. If the or areas resulting therefrom If CONTRACTOR does not parties are unable to agree as to the amount thereof, promptly comply with the terms of such instructions, or in OWNER may make a Claim therefor as provided in an emergency where delay would cause serious risk of loss paragraph 10. 05 . If the acceptance occurs after such or damage, OWNER may have the defective Work recommendation, an appropriate amount will be paid by ' corrected or repaired or may have the rejected Work re- CONTRACTOR to OWNER, moved and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of 13 . 09 OWNER May Correct Defective Work ' engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) A. If CONTRACTOR fails within a reasonable time arising out of or relating to such correction or repair or such after written notice from ENGINEER to correct defective removal and replacement (including but not limited to all Work or to remove and replace rejected Work as required costs of repair or replacement of work of others) will be by ENGINEER in accordance with paragraph 13 .06 .A, or if paid by CONTRACTOR CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to 1 comply with any other provision of the Contract ' 00700 - 38 ' Documents, OWNER may, after seven days written notice tion for Payment acceptable to ENGINEER. Progress to CONTRACTOR, correct and remedy any such payments on account of Unit Price Work will be based on ' deficiency. the number of units completed. B . In exercising the rights and remedies under this 14 . 02 Progress Payments paragraph, OWNER shall proceed expeditiously. In ' connection with such corrective and remedial action, A. Applications for Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and 1 . At least 20 days before the date estab- suspend CONTRACTOR's services related thereto, take lished for each progress payment (but not more often possession of CONTRACTOR' s tools, appliances, con- than once a month), CONTRACTOR shall submit to struction equipment and machinery at the Site, and incorpo- ENGINEER for review an Application for Payment rate in the Work all materials and equipment stored at the filled out and signed by CONTRACTOR covering ' Site or for which OWNER has paid CONTRACTOR but the Work completed as of the date of the which are stored elsewhere. CONTRACTOR shall allow Application and accompanied by such supporting OWNER, OWNER's representatives, agents and employ- documentation as is required by the Contract Docu- ees, OWNER' s other contractors, and ENGINEER and ments . If payment is requested on the basis of ENGINEER' s Consultants access to the. Site to enable materials and equipment not incorporated in the OWNER to exercise the rights and remedies under this Work but delivered and suitably stored at the Site or paragraph. at another location agreed to in writing, the Applica- tion for Payment shall also be accompanied by a bill C. All Claims, costs, losses, and damages (including of sale, invoice, or other documentation warranting but not limited to all fees and charges of engineers, that OWNER has received the materials and equip- architects, attorneys, and other professionals and all court or ment free and clear of all Liens and evidence that the arbitration or other dispute resolution costs) incurred or materials and equipment are covered by appropriate sustained by OWNER in exercising the rights and remedies property insurance or other arrangements to protect under this paragraph 13 .09 will be charged against CON- OWNER's interest therein, all of which must be TRACTOR, and a Change Order will be issued incorpo- satisfactory to OWNER. rating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to 2. Beginning with the second Application an appropriate decrease in the Contract Price. If the parties for Payment, each Application shall include an are unable to agree as to the amount of the adjustment, affidavit of CONTRACTOR stating that all previous OWNER may make a Claim therefor as provided in progress payments received on account of the Work paragraph 10.05 . Such claims, costs, losses and damages have been applied on account to discharge will include but not be limited to all costs of repair, or CONTRACTOR' s legitimate obligations associated replacement of work of others destroyed or damaged by with prior Applications for Payment. correction, removal, or replacement of CONTRACTOR's defective Work. 3 . The amount of retainage with respect to progress payments will be as stipulated in the D. CONTRACTOR shall not be allowed an extension Agreement. ' of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise B . Review of Applications by OWNER of OWNER's rights and remedies under this paragraph 13 .09. 1 . ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment ARTICLE 14 - PAYMENTS TO CONTRACTOR AND and present the Application to OWNER or return the 1 COMPLETION Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may 14 . 01 Schedule of Values make the necessary corrections and resubmit the ' A. The schedule of values established as provided in Application. paragraph 2 . 07.A will serve as the basis for progress 2. ENGINEER' s recommendation of any payments and will be incorporated into a form of Applica- payment requested in an Application for Payment ' 00700 - 39 ' will constitute a representation by ENGINEER to any examination to ascertain how or for what OWNER, based on ENGINEER's observations on purposes CONTRACTOR has used the moneys paid the Site of the executed Work as an experienced and on account of the Contract Price, or to determine qualified design professional and on ENGINEER's that title to any of the Work, materials, or equipment review of the Application for Payment and the has passed to OWNER free and clear of any Liens. accompanying data and schedules, that to the best of ENGINEER' s knowledge, information and belief: 5 . ENGINEER may refuse to recommend the whole or any part of any payment if, in a. the Work has progressed to the point ENGINEER' s opinion, it would be incorrect to ' indicated; make the representations to OWNER referred to in paragraph 14.02.B .2 . ENGINEER may also refuse b. the quality of the Work is generally in to recommend any such payment or, because of accordance with the Contract Documents (sub- subsequently discovered evidence or the results of ' ject to an evaluation of the Work as a function- subsequent inspections or tests, revise or revoke any ing whole prior to or upon Substantial Comple- such payment recommendation previously made, to tion, to the results of any subsequent tests called such extent as may be necessary in ENGINEER's for in the Contract Documents, to a final deter- opinion to protect OWNER from loss because : mination of quantities and classifications for Unit Price Work under paragraph 9 .08 , and to a. the Work is defective, or completed any other qualifications stated in the Work has been damaged, requiring correction or recommendation) ; and replacement; c. the conditions precedent to b. the Contract Price has been reduced by ' CONTRACTOR' s being entitled to such pay- Written Amendment or Change Orders; ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the c. OWNER has been required to correct Work. defective Work or complete Work in accordance 1 3 . By recommending any such payment with paragraph 13 .09; or ENGINEER will not thereby be deemed to have d. ENGINEER has actual knowledge of the represented that: (i) inspections made to check the occurrence of any of the events enumerated in quality or the quantity of the Work as it has been paragraph 15 .02 .A. performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed New paragraphs 14.02.B.5.e and f have been added, inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may not be other Paragraph 14.02.C.1 has been deleted and replaced with ' matters or issues between the parties that might a new paragraph. See the Supplementary Conditions. entitle CONTRACTOR to be paid additionally by C. Payment Becomes Due OWNER or entitle OWNER to withhold payment to CONTRACTOR. 1 . T -ea days after presentation of the Appheatien €e: Payment to Q;W1 €+R with 4 . Neither ENGINEER's review of ENGOTEE _e e„ a t anieunt meem CONTRACTOR's Work for the purposes of recom ' mending payments nor ENGINEER's recommenda- , and YA4wn due vp2l be paid b tion of any payment, including final payment, will OVR4nn to GOINWR A CTO impose responsibility on ENGINEER to supervise, ' direct, or control the Work or for the means, meth- D. Reduction in Payment ods, techniques, sequences, or procedures of construction, or the safety precautions and programs 1 . OWNER may refuse to make payment of incident thereto, or for CONTRACTOR's failure to the full amount recommended by ENGINEER ' comply with Laws and Regulations applicable to because : CONTRACTOR' s performance of the Work Additionally, said review or recommendation will ' not impose responsibility on ENGINEER to make 00700 - 40 a. claims have been made against OWNER A. When CONTRACTOR considers the entire Work on account of CONTRACTOR's performance or ready for its intended use CONTRACTOR shall notify ' famishing of the Work; OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed Part of Paragraph D.l .b. has been deleted. by CONTRACTOR as incomplete) and request that b. Liens have been filed in connection with ENGINEER issue a certificate of Substantial Completion. ' the Work,�e�Q�. .. U- a nni ri-� A rr�D w .. . r. Promptly thereafter, OWNER, CONTRACTOR, and delivered a speeffie Bond satisfaetery to OWN ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not ' sueh Liens; consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons c. there are other items entitling OWNER to therefor. If ENGINEER considers the Work substantially a set-off against the amount recommended; or complete, ENGINEER will prepare and deliver to OWNER ' a tentative certificate of Substantial Completion which shall d. OWNER has actual knowledge of the fix the date of Substantial Completion. There shall be occurrence of any of the events enumerated in attached to the certificate a tentative list of items to be paragraphs 14.02.B . 5 .a through 14 .02 .B .5 .c or completed or corrected before final payment. OWNER paragraph 15 .02 .A. shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as New paragraphs 14.02.D.1 .e, f, g, and h . have been to any provisions of the certificate or attached list. If, after added. See the Supplementary Conditions. considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 2. If OWNER refuses to make payment of 14 days after submission of the tentative certificate to ' the full amount recommended by ENGINEER, OWNER notify CONTRACTOR in writing, stating the OWNER must give CONTRACTOR immediate reasons therefor. If, after consideration of OWNER' s written notice (with a copy to ENGINEER) stating objections, ENGINEER considers the Work substantially the reasons for such action and promptly pay CON- complete, ENGINEER will within said 14 days execute and TRACTOR any amount remaining after deduction deliver to OWNER and CONTRACTOR a definitive of the amount so withheld. OWNER shall promptly certificate of Substantial Completion (with a revised pay CONTRACTOR the amount so withheld, or any tentative list of items to be completed or corrected) ' adjustment thereto agreed to by OWNER and reflecting such changes from the tentative certificate as CONTRACTOR, when CONTRACTOR corrects to ENGINEER believes justified after consideration of any OWNER' s satisfaction the reasons for such action. objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER ' 3 . If it is subsequently determined that will deliver to OWNER and CONTRACTOR a written OWNER's refusal of payment was not justified, the recommendation as to division of responsibilities pending amount wrongfully withheld shall be treated as an final payment between OWNER and CONTRACTOR with ' amount due as determined by paragraph 14.02.C. 1 . respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties 14 . 03 CONTRACTOR 's Warranty of Title and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in A. CONTRACTOR warrants and guarantees that title writing prior to ENGINEER' s issuing the definitive to all Work, materials, and equipment covered by any certificate of Substantial Completion, ENGINEEWs Application for Payment, whether incorporated in the aforesaid recommendation will be binding on OWNER and ' Project or not, will pass to OWNER no later than the time CONTRACTOR until final payment. of payment free and clear of all Liens. B . OWNER shall have the right to exclude ' Substitute "Final Completion" for "Substantial CONTRACTOR from the Site after the date of Substantial Completion." There is no Substantial Completion for Completion, but OWNER shall allow CONTRACTOR this Work. Therefore, there is no Substantial reasonable access to complete or correct items on the Completion date, only Final Completion. See tentative list. paragraph SC-17.07.A of the Supplementary Conditions. 14 . 04 Substantial Completion ' 00700 - 41 ' 14 . 05 Partial Utilization inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as A. Use by OWNER at OWNER's option of any are necessary to complete such Work or remedy such substantially completed part of the Work which has deficiencies. specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree 14 . 07 Final Payment ' constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose A. Application for Payment without significant interference with CONTRACTOR's ' performance of the remainder of the Work, may be 1 . After CONTRACTOR has, in the accomplished prior to Substantial Completion of all the opinion of ENGINEER, satisfactorily completed all Work subject to the following conditions. corrections identified during the final inspection and has delivered, in accordance with the Contract ' 1 . OWNER at any time may request CON- Documents, all maintenance and operating TRACTOR in writing to permit OWNER to use any instructions, schedules, guarantees, Bonds, such part of the Work which OWNER believes to be certificates or other evidence of insurance ' ready for its intended use and substantially complete. certificates of inspection, marked-up record docu- If CONTRACTOR agrees that such part of the ments (as provided in paragraph 6 . 12), and other Work is substantially complete, CONTRACTOR documents, CONTRACTOR may make application will certify to OWNER and ENGINEER that such for final payment following the procedure for part of the Work is substantially complete and progress payments . request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. 2. The final Application for Payment shall CONTRACTOR at any time may notify OWNER be accompanied (except as previously delivered) by: and ENGINEER in writing that CONTRACTOR (i) all documentation called for in the Contract considers any such part of the Work ready for its Documents, including but not limited to the intended use and substantially complete and request evidence of insurance required by subparagraph ENGINEER to issue a certificate of Substantial 5 .04 .13 .7; (ii) consent of the surety, if any, to final Completion for that part of the Work. Within a payment; and (iii) complete and legally effective reasonable time after either such request, OWNER, releases or waivers (satisfactory to OWNER) of all ' CONTRACTOR, and ENGINEER shall make an Lien rights arising out of or Liens filed in connection inspection of that part of the Work to determine its with the Work. status of completion. If ENGINEER does not ' consider that part of the Work to be substantially 3 . In lieu of the releases or waivers of Liens complete, ENGINEER will notify OWNER and specified in paragraph 14 .07.A.2 and as approved by CONTRACTOR in writing giving the reasons there- OWNER, CONTRACTOR may furnish receipts or for. If ENGINEER considers that part of the Work releases in full and an affidavit of CONTRACTOR ' to be substantially complete, the provisions of para- that: (i) the releases and receipts include all labor, graph 14 .04 will apply with respect to certification services, material, and equipment for which a Lien of Substantial Completion of that part of the Work could be filed; and (ii) all payrolls, material and and the division of responsibility in respect thereof equipment bills, and other indebtedness connected and access thereto. with the Work for which OWNER or OWNER's property might in any way be responsible have been 2. No occupancy or separate operation of paid or otherwise satisfied. If any Subcontractor or part of the Work may occur prior to compliance with Supplier fails to furnish such a release or receipt in the requirements of paragraph 5 . 10 regarding full, CONTRACTOR may famish a Bond or other property insurance. collateral satisfactory to OWNER to indemnify ' 14 . 06 Final Inspection OWNER against any Lien. B . Review of Application and Acceptance A. Upon written notice from CONTRACTOR that ' the entire Work or an agreed portion thereof is complete, 1 . If, on the basis of ENGINEER' s observa- ENGINEER will promptly make a final inspection with tion of the Work during construction and final OWNER and CONTRACTOR and will notify CON- inspection, and ENGINEER's review of the final TRACTOR in writing of all particulars in which this Application for Payment and accompanying docu- 00700 - 42 ' mentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been A. The making and aeeeptanee of final payment ' completed and CONTRACTOR' s other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ' ENGINEER's recommendation of payment and from unsoded Liens, fiem aec et W k appear- present the Application for Payment to OWNER for payment. At the same time ENGINEER will also 14 ,061 fie s flux-e toly • th the GentFaet give written notice to OWNER and CON- Doeu r eats t e ^' of a ny e TRACTOR that the Work is acceptable subject to spee�tPd therein—er frem GON RACTORIs the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment meats;aad ' to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which 2 a waiver of aH Clafins by rG�R4; n r case CONTRACTOR shall make the necessary TOR against OWNER other- then "se pr-evieusly corrections and resubmit the Application for fmde in mTifi" vAiieh are still unsettled-. Payment. Paragraph 14.07.C.1 has been deleted and replaced with ARTICLE 15 - SUSPENSION OF WORK AND a new paragraph. See the Supplementary Conditions. TERMINATION C. Payment Becomes Due 1 • Thirty days after the—Fesentatien—te 15 .01 OWNER May Suspend Work 93AEAMR e€ the—Appheation--fer- Payment and The last sentence of Paragraph 15.01 .A has been deleted and replaced with new sentences. See the when due, will be paid by OWNER e CON Supplementary Conditions. TRAGTOR- A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not 14 . 08 Final Completion Delayed more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on A. If, through no fault of CONTRACTOR, final which Work will be resumed. CONTRACTOR shall completion of the Work is significantly delayed, and if resume the Work on the date so fixed. GOOD ENGINEER so confirms, OWNER shall, upon receipt of shall be allewed an adjustment in the GeatFaet Pr-iee or--" CONTRACTOR' s final Application for Payment and eiReasion —e€ the Een&aet Times, or- beth;—dir-eetl3 recommendation of ENGINEER, and without terminating attributable e t any e if GG * : GTnn suspension the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not 15 .02 OWNER May Terminate for Cause fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been A. The occurrence of any one or more of the furnished as required in paragraph 5 .0 1 , the written consent following events will justify termination for cause: of the surety to the payment of the balance due for that ' portion of the Work fully completed and accepted shall be 1 . CONTRACTOR's persistent failure to submitted by CONTRACTOR to ENGINEER with the perform the Work in accordance with the Contract Application for such payment. Such payment shall be made Documents (including, but not limited to, failure to under the terms and conditions governing final payment, supply sufficient skilled workers or suitable materi- except that it shall not constitute a waiver of Claims. als or equipment or failure to adhere to the progress schedule established under paragraph 2 .07 as 14 . 09 Waiver of Claims adjusted from time to time pursuant to paragraph ' Paragraph 14.09 has been deleted and replaced in its 6.04); entirety with a new paragraph. See the Supplementary 2. CONTRACTOR's disregard of Laws or Conditions. Regulations of any public body having jurisdiction; 00700 - 43 3 . CONTRACTOR' S disregard of the 15 .03 OWNER May Terminate For Convenience ' authority of ENGINEER; or A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause 4. CONTRACTOR' s violation in any and without prejudice to any other right or remedy of substantial way of any provisions of the Contract OWNER, elect to terminate the Contract. In such case, ' Documents. CONTRACTOR shall be paid (without duplication of any items) : New Paragraphs 15.02.A.5 and 15.02.A.6 have been added. See the Supplementary Conditions. 1 . for completed and acceptable Work executed in accordance with the Contract Docu- The third sentence of Paragraph 15.02.B has been ments prior to the effective date of termination, deleted and replaced with a new sentence. See the including fair and reasonable sums for overhead and ' Supplementary Conditions. profit on such Work; B . If one or more of the events identified in paragraph 15 . 02 .A occur, OWNER may, after iing CONTRACTOR 2 , for expenses sustained prior to the (and the surety, if any) seven days written notice, terminate effective date of termination in performing services the services of CONTRACTOR, exclude CONTRACTOR and furnishing labor, materials, or equipment as re- from the Site, and take possession of the Work and of all quired by the Contract Documents in connection CONTRACTOR' s tools, appliances, construction equip- with uncompleted Work, plus fair and reasonable ment, and machinery at the Site, and use the same to the full sums for overhead and profit on such expenses ; extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), Paragraph 15.03.A3 has been deleted in its entirety. incorporate in the Work all materials and equipment stored 3 . feFall elaktns, eests, losses, and damages at the Site or for which OWNER has paid CONTRACTOR (including 1.. .t net to all fees " a 1. bF but which are stored elsewhere, and finish the Work as a gi eers2 arm ehiteets, atteeys, and eth OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further dispute ..e"..1..F: ..« ewes) : a in tdement r payment until the Work is finished. the GentFaet Pr-iee e3weeds n 1 1 � �;Sad � e s ' damage" `.«,hiding but not hmited to " 11 fees and ehar_es of ffehiteets> 4, for reasonable expenses directly attributable to termination. ^Vlerag the Werk; sash emeess will be paid —te B . CONTRACTOR shall not be paid on account of CONTRACTOR; If such claims, costs, losses, and loss of anticipated profits or revenue or other economic loss damages exceed such unpaid balance, CONTRACTOR arising out of or resulting from such termination. ' shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed 15 .04 CONTRACTOR May Stop Work or Terminate by ENGINEER as to their reasonableness and, when so ' approved by ENGINEER, incorporated in a Change Order. Parts of Paragraph 15.04 have been deleted. When exercising any rights or remedies under this A. If, through no act or fault of CONTRACTOR, the paragraph OWNER shall not be required to obtain the Work is suspended for more than 90 consecutive days by lowest price for the Work performed. OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for C. Where CONTRACTOR's services have been so Payment within 30 days after it is submitted, e- ^�� terminated by OWNER, the termination will not affect any fait " f- 30 days t pay GG@h -n A GFQ « 4::«„ 11. . ' rights or remedies of OWNER against CONTRACTOR deter.«:«ed to be due g g , then CONTRACTOR may, upon then existing or which may thereafter accrue. Any retention seven days written notice to OWNER and ENGINEER, and or payment of moneys due CONTRACTOR by OWNER provided OWNER or ENGINEER do not remedy such will not release CONTRACTOR from liability. suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same A new Paragraph 15.02 .D has been added. See the terms as provided in paragraph 15 .03 . In lieu of terminating Supplementary Conditions. the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application 00700 - 44 ' for Payment within 30 days after it is submitted, eF A. The duties and obligations imposed by these OV44ER has failed fer- 30 days te pay CONTRACTOR MY General Conditions and the rights and remedies available sum fa"y aete.....ii ea ` '- due, CONTRACTOR may, hereunder to the parties hereto are in addition to, and are not YV lV seven days after written notice to OWNER and to be construed in any way as a limitation of, any rights and ENGINEER, stop the Work until payment is made of all remedies available to any or all of them which are otherwise such amounts due CONTRACTOR, including interest imposed or available by Laws or Regulations, by special ' thereon. The provisions of this paragraph 15 .04 are not warranty or guarantee, or by other provisions of the intended to preclude CONTRACTOR from making a Claim Contract Documents, and the provisions of this paragraph under paragraph 10.05 for an adjustment in Contract Price will be as effective as if repeated specifically in the Contract ' or Contract Times or otherwise for expenses or damage Documents in connection with each particular duty, directly attributable to CONTRACTOR's stopping the obligation, right, and remedy to which they apply. Work as permitted by this paragraph. 17 .04 Survival of Obligations ' ARTICLE 16 - DISPUTE RESOLUTION A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing 16. 01 Methods and Procedures obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Paragraph 16.01 .A has been deleted and replaced with a Work or termination or completion of the Agreement. new paragraph. See the Supplementary Conditions. A. Dispute r-eseMen methods and pfeeedums, if , 17.05 Controlling Law shall be as set feEth in the Supplementary Gen"eas. if Paragraph 17.05.A has been deleted and replaced with a ' new paragraph. See the Supplementary Conditions. r,rnu, ". c �,� n nn a 1 n nc OV44En a A This Gentmet is to be a ed by the la of t�, 1- t.�iugc" ��v�rrrcz�—mma A G01%R2D C TO e e ei. Fights di e ' .. the PFa eet is le vi a a� a ..te.7 ' New Paragraphs have been added. See the Supplementary Conditions. ' ARTICLE 17 - MISCELLANEOUS 17 . 01 Giving Notice ' A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be ' deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or ' sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17 . 02 Computation of Times ' A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude ' the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. ' 17 . 03 Cumulative Remedies ' 00700 - 45 SNOI11aNO3 1b213N39 3Hl Ol � SNOI11aN0O J121V1N3W31ddflS ' ' SECTION 00800 = SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS TABLE OF CONTENTS ' Article Title Article Number Introduction SC - 1 . 00 ' Terminology SC - 1 . 02 Defined Terms SC — 1 . 01 ' Before Starting Construction SC — 2 . 05 Pre- Construction Conference SC — 2 . 06 Coordination of Plans , Specifications , and Special Provisions SC — 3 . 06 Subsurface and Physical Conditions SC — 4 . 02 ' Differing Subsurface or Physical Conditions SC - 4 . 03 Hazardous Environmental Conditions at Site SC - 4 . 06 ' 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 Florida East Coast Railway, L. L . C . Insurance and Indemnification ' Requirements SC — 5 . 11 Labor; Working Hours SC — 6 . 02 ' Substitutions and "Or-Equals" SC — 6 . 05 Concerning Subcontractors , Suppliers , and Others SC — 6 . 06 Permits SC — 6 . 08 ' Shop Drawings and Samples SC — 6 . 17 00800 - Supplementary Conditions ' 00800 i EAST GIFFORD F:\Public Works\KeithM\Stornnvater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05101 ' Indemnification SC - 6 . 20 Replacement of Engineer SC — 8 . 02 ' Decisions on Requirements of Contract Documents and Acceptability of Work SC - 9 . 09 ' Change of Contract Price SC — 12 . 01 Delay Damages SC — 12 . 06 ' Test and Inspections SC — 13 . 03 ' Owner May Stop the Work SC — 13 . 05 Progress Payments SC — 14 . 02 ' Uncovering Work SC — 13 . 04 Final Payment SC — 14 . 07 ' Waiver of Claims SC - 14 . 09 ' OWNER May Suspend Work SC — 15 . 01 OWNER May Terminate For Cause SC — 15 . 02 ' OWNER May Terminate For Convenience SC — 15 . 03 CONTRACTOR May Stop Work or Terminate SC - 15 . 04 DISPUTE RESOLUTION SC — 16 ' Controlling Law SC — 17 . 05 Liens SC — 17 . 06 Substantial Completion SC — 17 . 07 Equal Employment Opportunity SC — 17 . 08 Compliance With the Copeland "Anti-Kickback" Act SC — 17 . 09 ' Compliance With the Contract Work Hours and Safety Standards Act SC — 17 . 10 Access to Books , Documents , and Papers SC — 17 . 11 ' Compliance With Applicable Standards Orders or Requirements SC - 17 . 12 Energy Efficiency SC — 17 . 13 Compliance With Health and Safety Regulations SC — 17 . 14 00800 - Supplementary Conditions 00800 ii EAST GIFFORD F:\Public WorksWeithhastormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1 . 00 Introduction ' These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No . 1910-8 , 1996 Edition ) and other provisions of the Contract Documents as indicated below. All provisions , which are not so amended or supplemented , ' remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings Indicated in the General Conditions . ' SC - 1 . 01 Defined Terms ' SC- 1 . 01 .A. 20 . Add the following language at the end of GC4 . 01 . A . 20: ENGINEER'S Consultant: Name : Carter Associates , Inc. ' Address : 1708 21st Street City, State , Zip : Vero Beach , Florida 32960 Phone : (772 ) 5624191 ' SC -1 . 02 Terminology SC- 1 . 02 . D . 1 , 2 , and 3 Delete paragraphs GC- 1 . 02. D. 1, 2, and 3 in their entirety and ' insert the following paragraphs in their place: D . Furnish, Install, Perform, Provide 1 . The word "furnish" shall mean to supply and deliver services , materials , or equipment to the Site (or some other specified location ) ready for use or ' installation and in usable or operable condition . 2 . The word " install" shall mean to put into use or place in final position services , materials , or equipment complete and ready for intended use . ' 3 . The words "perform" or "provide" shall mean to furnish and install services , materials , or equipment complete and ready for intended use . ' SC- 1 . 02 . D . 4 Delete paragraph GC- 1 . 02. D. 4 in its entirety. 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 . 00800 - Supplementary Conditions ' 008001 EAST GIFFORD FAPublic WorksWeithMlStormwater Projects\Gifford East\Construction Contract\Bidding 6 Contract Documents\Bidding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 SC -2 . 06 Pre-Construction Conference SC-2 . 06 Delete paragraph GC-2. 06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work , the Engineer will call a pre-construction conference at a place the ENGINEER designates to establish an understanding among the parties as to the Work and to discuss schedules referred to in paragraph 2 . 05 . 13 , 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 , Be 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 : 1 . Report dated March 31 , 2000 , prepared by Fraser Engineering and Testing , Inc. , 3504 Industrial 33rd Street, Ft. Pierce , Florida 34946 , (772 ) 461 -7508 , ' entitled : Gifford Stormwater Improvements Project — Indian River County, Florida , FET Job#: 00183 , consisting of seven pages . D . Reports and drawings itemized in SC4 . 02 . 0 are not included with the Bidding Documents . Copies may be examined at Indian River County Public Works , 1708 21st Street, Vero Beach , Florida , during regular business hours . These reports are not part of the Contract Documents . SC4. 03 Differing Subsurface or Physical Conditions SC-4 . 03 . C . 3 Delete the following text from the second sentence of paragraph GC-4- 03. C. 3: 00800 - Supplementary Conditions ' 008002 EAST GIFFORD FAPublic WorksWeithM\Storrrmater Projects\Gifford EashConstruction ContractOdding & Contract DocumentsOdding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 ' SC -4. 06 Hazardous Environmental Conditions at Site SC-4 . 06 . G Delete paragraph GC4. 06. G in its entirety. SC-4 . 06 . H Delete paragraph GC-4. 06. H in its entirety. SC -5 .01 Performance, Payment and Other Bonds ' SC-5 . 01 . A. Delete paragraph GC-5. 01 .A in its entirety and insert the following paragraphs in its place: ' A. Within ten ( 10 ) days of receipt of the Contract Documents for execution , the CONTRACTOR shall furnish a Performance Bond in an amount equal to 125 % of ' the Contract Price and a Payment Bond in an amount equal to 100 % of the Contract Price . 1 . The CONTRACTOR shall provide two separate bonds . A combined ' Payment and Performance Bond for 125 % of the Contract Price is not an acceptable substitute . 2 . Such Bonds shall continue in effect for one ( 1 ) year after acceptance of the Work by the OWNER. 3 . The CONTRACTOR shall record , the Payment Bond and the Performance Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue , Vero Beach , Florida 32960 . The recorded bonds shall be forwarded to the Indian River County Purchasing Division on or before the seventh day after they are recorded . The CONTRACTOR shall pay all costs . ' SC-5 . 01 . B . Delete paragraph GC-5. 01 . 8 in its entirety and insert the following paragraph in its place: ' B . All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such ' sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended ) by the Financial Management Service , Surety Bond Branch , U . S . Department of the Treasury. The sureties for ' all Bonds must be authorized to issue surety bonds in Florida . The CONTRACTOR shall require the attorney-in-fact who executes any Bond , to affix to each a current certified copy of their Power of Attorney, reflecting such person 's authority as Power of Attorney in the State of Florida . Further, at the time of execution of the Contract, the CONTRACTOR shall for all Bonds , provide a copy of the Surety's current valid Certificate of Authority issued by the United 1 States Department of the Treasury under 31 United States Code sections 9304- 9308 . ' SC -5 . 03 Certificates of Insurance SC-5 . 03 Delete the second sentence of paragraph GC-5. 03 in its entirety. SC -5 . 04 CONTRACTOR's Liability Insurance SC-5 . 04 Add the following new paragraphs immediately after paragraph GC-5. 04. 6: 00800 - Supplementary Conditions ' 008003 EAST GIFFORD FAPublic WorksWeithmStormwater Projects\Gifford East\ConstrucGon Contract\Bidding & Contract Documents\Bidding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 ' Co 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, a political subdivision of the state of Florida" ' will be named as "Additional Insured " on both the General Liability, Auto Liability and Builder's Risk "All Risk" Insurance . C, The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance . Such notification will be in writing by registered mail , return receipt requested and addressed to the OWNER's Risk Manager. ' d . 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 - Supplementary Conditions ' 008004 EAST GIFFORD FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00800 . Supplementary Conditions.doc Rev. 05101 ' g . Insured must be authorized to do business and have an agent for service of process in Florida and have an AAA policyholder's rating and financial rating of a least Class XI in accordance with ' the most current Best's Rating , D . Additional Insureds : 1 . In addition to " Indian River County, a political subdivision of the state of Florida , " the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies : a . Florida East Coast Railway Company, L . L. C . SC -5 . 05 OWNER's Liability Insurance 1 SC-5 . 05 Delete paragraph GC-5. 05.A in its entirety. SC -5 . 06 Property Insurance ' SC-5 . 06 Delete paragraphs GCZ. 06.A, 8, 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 ; I 2 . be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings , falsework , and materials and equipment in transit and ' shall insure against at least the following perils or causes of loss : fire , lightning , extended coverage , theft, vandalism and malicious mischief, earthquake , collapse , debris removal , demolition occasioned by enforcement of Laws and Regulations , water damage , and such other perils or causes of loss as may be specifically required by the Supplementary Conditions . 3 , include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects ) ; 4 , cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work , provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and ' 5 . allow for partial utilization of the Work by OWNER; 6 . include testing and startup ; and ' 7 . be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued . 00800 - Supplementary Conditions ' 008005 FAST GIFFORD FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction Contract\Bidding & Contract DocumentsSidding & Contract Documents100800 - Supplementary Conditions.doc Rev. 05/01 ' 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 . In addition to " Indian River County, a political subdivision of the state of Florida , " the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's property insurance policies : a . Florida East Coast Railway Company, L . L. 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 1 SC-5 . 08 Delete GC-5. 08 (paragraphs A and B) in its entirety. SC -5 . 11 Florida East Coast Railway, L. L. C . Insurance and Indemnification ' Requirements SC-5 . 11 Add the following new paragraph immediately after paragraph GC-5. 10. 5 . 11 Florida East Coast Railway, L . L. C . Insurance and Indemnification Requirements A. The CONTRACTOR shall comply with the Florida East Coast Railway, L. L . C . insurance and indemnification requirements listed in Appendix A (" Indemnity of Florida East Coast Railway, L . L. C . and Insurance Requirements") . ' SC -6 . 02 Labor; Working Hours SC-6 . 02 . 13 . Add the following paragraphs immediately after paragraph GC-6. 02. B: 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 00800 - Supplementary conditions ' 008006 EAST GIFFORD FAPublic Works\KeithM\Stormwater Projects\Gifford East\Construction ContractOdding & Contract DocumentsOdding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 ' convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6 . No work shall commence before 7 a . m . or continue after 7 p . m . except in case of ' emergency upon specific permission of the ENGINEER . SC -6 . 05 Substitutes and "Or-Equals" SC-6 . 05 .A Delete paragraph GC-6. 05.A in its entirety and insert the following in its place: A. Whenever an item of material or equipment is specified or described in the Con- tract Documents by using the name of a proprietary item or the name of a particular Supplier, that proprietary item or particular Supplier shall be used and no ' other will be considered . If the specification or description contains or is followed by words such as "equivalent" or "or-equal , " then the specification or description is intended to establish the type , function , appearance , and quality required . In such case , substitution of other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. SC-6 . 05 .A. 1 . a . (ii ) Delete sentence GC-6. 05.A. 1 . a. (iii in its entirety and insert the following in its place: ( ii ) it will reliably perform at least equally well the function of the named item of material or equipment, and ; SC -6 . 06 Concerning Subcontractors , Suppliers, and Others SC-6 . 06 . C . Add the following sentence at the end of paragraph GC-6. 06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable , information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6 . 08 Permits SC-6 . 08 Add the following paragraphs immediately after paragraph GC- 6. 08.A : ' B . The OWNER has obtained the following permits (copies of these permits are contained in Appendix "X') , 1 . St. Johns River Water Management District Permit No . 4-061 -71269- 1 ' 2 . Florida East Coast Railway Company, L. L. C . — ( 1 ) Letter to James Davis , Public Works Director, Indian River County , dated July 9 , 2001 ; (2 ) Letter to W . Keith McCully, Indian River County , dated December 9 , 20029 referencing (a ) " Indemnity of Florida East Coast Railway , L . L . C . and ' Insurance Requirements" ; and (b) " General Specifications for Sub-Grade and Above Grade Utility Crossings of Railroad 's Right-of-Way. " 3 . Federal Aviation Administration — Letter to W . Keith McCully, Indian River ' County, dated June 15 , 2001 (with attachment) . 4 . Florida Department of Transportation District Four General Use Permit Application — Permit Number 2002d -490-0037 , C . The CONTRACTOR shall obtain and pay for all other required permits and 00800 - Supplementary conditions 008007 EAST GIFFORD FAPublic Works\KeithM\Stomwvater Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 1 ' licenses . The CONTRACTOR shall provide copies of the permits to the OWNER and ENGINEER and shall comply with all conditions contained in the permits at no extra cost to the OWNER. ' D . The CONTRACTOR shall be familiar with all permit requirements 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 . 17 Shop Drawings and Samples SC-6 . 17 Add the following paragraph immediately after paragraph GC- 6. 17. F: G . Section 01340 — " Submittal of Shop Drawings , Product Data , and Samples" shall ' supplement Section 6 . 17 of the General Conditions . In the event of a conflict, Section 01340 shall govern . SC -6 .20 Indemnification SC-6 . 20 Delete paragraph GC-6. 20 in its entirety and insert the following in its place: A . CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , employees , elected officers and representatives , from liabilities , damages , losses , and costs , including but not limited to, reasonable attorney's fees , I to the extent caused by the negligence , recklessness or intentionally wrongful conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of this Work under this Agreement. This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement. SC -8 . 02 Replacement of Engineer SC-8 . 02 Delete the following text from paragraph GC-8. 02.A : SC -9 . 09 Decisions on Requirements of Contract Documents and Acceptability of Work SC-9 . 09 Delete paragraph GC-9. 09. B in its entirety. ' SC -12 . 01 Change of Contract Price ' SC- 12 . 01 . 13 . 2 Delete the following text from paragraph GC- 12. 01 . 6. 2 and add a `period" () at the end of the remaining text : . SC- 12 . 01 Delete paragraphs GC- 12. 01 . B. 3 and GC- 12. 01 . 0 in their entirety. ' 12 . 06 Delay Damages ' SCA 2 , 06 Delete paragraphs GC42. 06. A and GC- 12. 06. B in their entirety and insert the following paragraph in their place: 00800 - Supplementary Conditions ' 008008 EAST GIFFORD FAPublic WorksWeithMlStonrnvdter Projects\Gifford East\Construction ContrachBidding & Contract DoeumentsSidding & Contract DocumentsX00800 - Supplementary Conditions.doc Rev. 05101 ' A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization , or to any surety for or employee or agent of any of them , for damages arising out of or resulting ' from any delay whatsoever. The CONTRACTOR's sole and exclusive remedy for delays to the project are time extensions . ' SC -13 . 03 Test and Inspections SC- 13 . 03 . 13 . Delete paragraph GC43. 03. 8 in its entirety, and insert the following in its place: Be OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections , tests , or approvals required by the ' Contract Documents except those inspections , tests , or approvals listed immediately below. Subsequent inspections , tests , or approvals required after initial failing inspections , tests , or approvals shall be paid for by the ' CONTRACTOR by backcharge to subsequent applications for payment. The CONTRACTOR shall arrange , obtain , and pay for the following inspections , tests , or approvals : 1 . inspections , tests , or approvals covered by paragraph 13 . 03 . D below; ' 2 , costs incurred in connection with tests or inspections conducted pursuant to paragraph 13 . 04 . 13 shall be paid as provided in said paragraph 13 . 04 . 13 ; 3 * tests otherwise specifically provided in the Contract Documents . SC- 13 . 03 . 0 Delete GC- 13. 03. 0 in its entirety. ' SC- 13 . 03 . Add the following paragraph immediately after paragraph GC43. 03. F.• ' G . The OWNER shall use the following testing laboratory: AM Engineering & Testing , Inc. Contact person = David Aucker Telephone number = (772 ) 567-6167 . SC -13 . 04 Uncovering Work ' SC- 13 . 04 . 13 Delete portions of the last two sentences as follows: If, however, such Work is not found to be defective , CONTRACTOR shall be allowed-an ' 5RGFease in the G9Rt. aGt PFiGe GF an extension of the Contract Times (or Milestones) ,-6F beth, directly attributable to such uncovering , exposure , observation , inspection , testing , replacement, and reconstruction . If the parties are unable to agree as to the-amsupt-ef ' extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10 . 05 . SC -13 . 05 OWNER May Stop the Work SC- 13 . 05 .A. Delete paragraph GC- 13. 05.A in its entire and insert the following paragraph in its entirety g P 9 P 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 00800 - Supplementary Conditions 008009 EAST GIFFORD FAPublic WorksWedhKAStormwater Projects\Gifford East\Construction Contract\Bidding 8 Contract Documents\Bidding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05101 tietuawa do 10190 4AGN ooP'suo!l!PuoD Id S 00800\sluawmao loe�tuoJ 8 Bu!PP!8\sluawroop pepuOO g 8u!PP!8\PeJIUOO uo!PMsuoOUse3 PIO/J!°J\sPalad �alemuuolSWV41!aH\S�oM o!IQed\4j a2i033101S`d3 OL 00800 SuoBlpuo0 tie;uawalddnS - 00800 SwIe1O 10 � anleM 60 ' tiL- 3S ' • ( • bas •19 ' OL ' 86Zjelde40 • S •3) ;oy ;uawAed ;dwOJd eppol =l „ ay; of 6ulpJ000e 2l0lOVU.LNOO 0; N3NMO Aq apew eq pet's ;uawAed L dna sawooa8 ;uawAed • O :eoeld si/ w ydeaBeied ' Bulmolloi ayi Pasu/ pue Alaa/lua sll ul 6 .O L0 •i, k -OO yderBeied elelap • L • O • LO • 14 -OS ;uewAed MUl3 Lo *VVOS • s;uawnood ;oeJ;uoO 94110 SUOISInoid ' ay; ' y; !m Aldwoo of aJnl ! el Jo 'lo uogelo!n Jo Japun }inelap lo yoeaJq Jay;o Aue to • y Jo ' i1JoM ay; to uo!;noesoid AJo;oe;s!;esun es!nniay;o jo ' s; uawnood joeJ;uoO ay; y;!m eouepJ000e u ! �poM ay; ;no tiJeo o; aJnl ! el ;ualslsJad to 16 , `. pall!aan aq louueo palsenbei s! }uawAed yo ! ynn Jol �IJoM ay; •l ' sJo;oeJ;uoognS ay; pue 21010 INOO ay; ueemlaq sluawaaJ6e an!;oedsoi ay; ql!m aouepJ000e , u ! Jogel Jo slepa;ew Jol sioloeiluoognS of ;uawAed a� ew o; sl1el b1010 11NOO a P ' 6 O 'ZO 'ft6 -OJ yderBeaed jo pue ayl le sydeaBeied Buimolloj ayl ppb' L ' Q ' ZO bL -OS •)poM ay; y;!m uo!;oauuoo u!pall uaaq aney sual- q :sMolloj se peal of q • t •p •ZO •tib -OJ aslnad q • L ' a • ZO ' tiL -OS • ( • bas •;a ' OL • 8 LZ Jatdego • S ' :j ) joV juawAed ldwOJd eppo13 „ ayl o; 6u ! pJ000e bOlO"J.NOO 0} U3NM0 Aq apew eq Ileys ;uawAed @L anp sawooa8 ;uawAed 10 :eoeld si/ u/ yderBeied ' Bulmolloj ayi laasu► pue 1f egjua sil ui d •O •Z0 •kl -OO ydeaBered alalao ' L ' O ' ZO ' tq -OS • slenoJdde Jo ' sisal ' suo!;oadsu ! 6u! I ! el le!;! u ! Jalle ueNe; slenoidde Jo ' sisal ' suo!;oadsu ! ;uenbasgns Jol tioleJogel 6u!;sa; ;uapuadapu ! ue Aed o; paJ ! nbei uaaq sey 213NMO Jo ')pOM an!;oalap to uol;oefaJ Jo sAelep 2JO1OVIUNOO 10 esneoeq uo !lesuedwoo leuol;! ppe ;ue}InsuOO s,�133NION3 Jo b33NION3 Aed of paJlnbaJ uaaq sey H3NMO a ,G9 .9 •ZO 'k6 -OJ yderBered jo pue ayi le sydeiBeied BuiMolloj ayl ppy ' g • 8 ' ZO ' tq -OS s;ueLuABd ssaa6o.Jd ZOTV3S ' • way; to Aue to ;ua6e Jo aaAoldwe ' Jo 'Jol 1}9ins Aue Jo 'A41;ue Jo lenp!nlpu ! Jay;o Aue `Ja! iddnS Aue 'Jo;oeJ;uoognS Aue '2:10lO`d2ilNOO 10 ;!laueq ay; Jol }y6u s! yl esloJaxa o; �13NMO to }Jed ay} uo ,4np Aue o; asp an! 6 ;ou pet's �IjoM ay; dols o; 2i3NMO 10 lg6u s!y; `Janannoy ` pa;eu ! w ! la uaaq sey JapJo yons Jol asneo ay; gun 'loaJay; uo!� od ' �(ue Jo '�IJoM ay; dols 01 21OlO"1.NOO Japio �(ew 213NMO ' sluawnooa ;oeJ;uoO ' SC- 14 . 09 Delete paragraph GC- 14. 09.A in its entirety and insert the following paragraph in its place: A. Acceptance of Final Payment as Release . The acceptance by the ' CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise , shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds . ' SC -15 . 01 OWNER May Suspend Work SC- 15 . 01 .A Delete the last sentence in paragraph GC- 15. 01 .A and insert the following in its place: CONTRACTOR shall be allowed an extension of the Contract Times , directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10 . 05 . CONTRACTOR shall not be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension . SC -15 . 02 OWNER May Terminate For Cause SC- 15 . 02 . A. 5 and SC- 15 . 02 .A. 6 Add the following new paragraphs immediately after paragraph GC- 15. 02. A . 4: 5 . CONTRACTOR's violation of Section 02225 — " Erosion Control and Treatment of Dewatering Water From the Construction Site . " 6 . CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers . SC- 15 . 02 . 13 Delete the third sentence in paragraph GC45. 02. 8 and insert the following in its place: If the unpaid balance of the Contract Price exceeds all claims , costs , losses , and damages (including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and dispute resolution or litigation costs) sustained by OWNER arising out of or relating to completing the Work , CONTRACTOR will be paid for acceptable earned Work that is fully completed or partially completed , and executed in accordance with the Contract Documents , prior to the effective date of termination . ' SC- 15 . 02 . D Add the following new paragraph immediately after paragraph GC- 15. 02. C: D . CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination . SC -15. 03 OWNER May Terminate For Convenience SCA 5 . 03 .A. 3 Delete paragraph GC45. 03.A . 3 in its entirety. 00800 - Supplementary Conditions ' 0080011 EAST GIFFORD FAPublic WorksWeithmstormwater Projects\Gifford East\Construction ContractOdding & Contract DocumentsOdding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05101 ' SC -15. 04 CONTRACTOR May Stop Work or Terminate SCA 5 . 04 Delete the following text from the first sentence of paragraph GC- 15. 04. A : ' SC- 15 . 04 Delete the following text from the second sentence of paragraph GC- 15. 04.A : eF OWNER has failed fel: 30 days to pay GONTRAGTOR aRY SUM fiRally deteFFnined te be SC -16 DISPUTE RESOLUTION ' SC- 16 . 01 .A. Delete paragraph GC46. 01 .A in its entirety and insert the following paragraph in its place: A. Dispute resolution and procedures : OWNER and CONTRACTOR agree that they may submit any and all unsettled Claims or counterclaims , disputes , or other matters in question between them arising out of or relating to the Contract Docu- ments or the breach thereof, to mediation by a certified mediator of the 19th Judicial Circuit in Indian River County. If mediation is unsuccessful , OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute . ' SC -17 . 05 Controlling Law SC- 17 . 05 .A. Delete paragraph GC- 17. 05. A in its entirety and insert the following paragraph in its place: A. This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida , or in the event of a federal jurisdiction , in the United States District Court for the Southern District of Florida . ' Add the following new paragraphs immediately after paragraph GC17. 05: SC -17 . 06 Liens A. This project is a " Public Works" under Chapter 255 , Florida Statutes . No merchant's liens may be filed against the OWNER . Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him . Such action shall not involve the OWNER in any expense . Claims against the CONTRACTOR are ' subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255 . 05 . The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: " Notice : Claims for labormaterials and supplies are not assessable against Indian River Countv and are subiect to proper prior notice to (CONTRACTOR' S Name ) and to (CONTRACTOR Surety Company Name ) pursuant to Chapter 255 of the Florida Statutes . This paragraph shall be inserted in every sub- subcontract hereunder. " The payment due under the Contract shall be paid by 00800 - Supplementary Conditions ' 0080012 EAST GIFFORD FAPublic WorksWeithM\Stommaler Projects\Gifford East\Construction Contract\Bidding & Contract Documents\Bidding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 ' 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 Substantial Completion ' A. Substitute " Final Completion" for "Substantial Completion . " There is no Substantial Completion for this Work. Therefore , there is no Substantial Completion date , only Final Completion . SC -17 . 08 Equal Employment Opportunity A. The CONTRACTOR shall comply with Executive Order 11246 of September 24 , 1965 , entitled " Equal Employment Opportunity, " as amended by Executive Order 11375 of October 13 , 1967 , and as supplemented in Department of Labor ' regulations (41 CFR Chapter 60 ) . SC -17 . 09 Compliance With the Copeland "Anti -Kickback" Act A. The CONTRACTOR shall comply with the Copeland "Anti- Kickback" Act ( 18 U . S . C . 874 ) as supplemented in Department of Labor regulations (29 CFR Part 3 ) SC -17 . 10 Compliance With the Contract Work Hours and Safety Standards Act A. The CONTRACTOR shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U . S . C . 327-330 ) as supplemented by Department of Labor regulations (29 CFR Part 5 ) . SC -17 . 11 Access to Books , Documents, and Papers ' A. The CONTRACTOR shall maintain books , records , documents and other evidence directly pertinent to performance on EPA funded work under this Contract in accordance with generally accepted accounting principles and ' practices consistently applied , and 40 CFR, Part 30 or 31 , as applicable , in effect on the date of execution of this Contract. The CONTRACTOR shall also maintain the financial information and data used in the preparation or support of ' the cost submission required under 40 CFR 31 . 36 for any negotiated contract or change order. The OWNER , United States Environmental Protection Agency ( EPA) , the Comptroller General of the United States , the United States Department of Labor, the Florida Department of Environmental Protection ( FDEP ) and the State , or any of their authorized representatives , shall have access to all such books , records , documents and other evidence for the purpose of inspection , audit and copying during normal business hours . The ' CONTRACTOR will provide facilities for such access and inspection . B . Paragraphs A through G of this clause are applicable to all negotiated Change ' Orders and Contract amendments affecting the Contract Price . 00800 - Supplementary Conditions ' 0080013 EAST GIFFORD FAPublic Works\KeithM\Stomrwaler Projects\Gifford Fasl\Construction Contract\Bidding & Contract DocumentsOdding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05/01 C . Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies ) . ' D . The CONTRACTOR agrees to disclose all information and reports resulting from access to records under paragraphs A and B of this provision to any of the agencies referred to in paragraph A. 1 E . Records under paragraphs A and B above shall be maintained by the CONTRACTOR during performance on EPA assisted work under this Contract ' for the time periods specified in 40 CFR , Part 30 or 31 , as applicable . In addition , those records which relate to any controversy arising under an EPA assistance agreement, litigation , the settlement of claims arising out of such ' performance or to costs or items to which an audit exception has been taken shall be maintained by the CONTRACTOR for the time periods specified in 40 CFR, Part 30 or 31 , as applicable . iF . Access to records is not limited to the required retention periods . The authorized representatives designated in paragraph A of this clause shall have access to records at any reasonable time for as long as the records are maintained . G . This right of access clause applies to financial records pertaining to all agreements (except formally advertised , competitively awarded , fixed price ' agreements ) and all contract change orders regardless of the type of agreement. In addition , this right of access applies to all records pertaining to all agreements , agreement change orders and agreement amendments : a ) to the extent the records pertain directly to agreement performance ; b) if there is any indication that fraud , gross abuse or corrupt practices may be involved ; or c) if the agreement is terminated for default or for convenience . ' SC -17 . 12 Compliance With Applicable Standards , Orders , or Requirements A. The CONTRACTOR shall comply with all applicable standards , orders , or requirements issued under Section 306 of the Clean Air Act (42 U . S . C . 1857 (h ) ) , Section 508 of the Clean Water Act (33 U . S . C. 1368 ) , Executive Order 11738 , and U . S . Environmental Protection Agency regulations (40 CFR Part 15) . SC - 17 . 13 Energy Efficiency ' A. The CONTRACTOR shall comply with all applicable standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( Pub . L . 94- 1639 89 Stat. 871 ) . SC - 17 . 14 Compliance With Health and Safety Regulations ' A. The CONTRACTOR shall comply with all federal , state , and local rules and regulations . This requirement includes compliance with all federal , state , and local health and safety rules and regulations . + + END OF SUPPLEMENTARY CONDITIONS ++ 00800 - Supplementary Conditions ' 0080014 EAST GIFFORD FAPublic WorksWeithmstornmater Projects\Gifford East\Construction Contract\Bidding & Contract DocumentsOdding & Contract Documents\00800 - Supplementary Conditions.doc Rev. 05101