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HomeMy WebLinkAboutDickerson FloridaCONTRACT THIS CONTRACT, made this 26th day of October 2004 between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the COUNTY,and Dickerson Florida, Inc. or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: 1.0 Purpose. That the said Contractor agrees with the said County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and under security as set forth in the attached contract bond, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2.0 General Description or Work. It is agreed that the work to be done under this Contract is: INDIAN RIVER DRIVE - NORTH PROJECT. 3.0 Project Manager. The Project Manager for the County is Michael Powley~ P.E. at (772) 462-1667. The Project Manager for the Contractor is Chuck Pallas at 772-287-6820 ~. The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices notices, to the attention of the Project Managers for attempted resolution or action. The Proje~,M. anagers shall be responsible for overall resol,,ticm ar ~ction The Project managers shall I~ ]l~s'l~)riSible for overall coordination and oversight relating to the performance of this Contract. 4.0 Contract Documents. The Contract Documents, which comprise the Contract between the County and the Contractor, are attached hereto and made part hereof and consist of the following: 4.1 This Contract, pages 00500-1 through 00500- 21_ inclusive. 4.2 Contractor's Bid and Bid Bonds, consisting of pages 00300-1 through 00300-6 and pages 00410-1 through 00410-2, respectively and Trench Safety Act Compliance Statement, page 00480-1. 4.3 Bid Documents, consisting of: Invitation to Bid. _ Instructions to Bidders, pages 00100-1 to 00100-7, inclusive and Bidder's Check List, page 00110-1. _ General Conditions, pages 00700-1 to 00700-32, inclusive. _ Special Conditions, pages 00800-1 . St. Lucie County Engineering Division Project #04-034 00500: 3 4.4 4.5 4.6 4.7 4.8 4.9 Technical Specifications, pages 00900-1 to 00900-6. ~t. Lucie County Engr. Division Project No. 04-034 Sheets 1_ through 13 prepared by I-[DR Engineering, Inc. titled Indian River Drive - North Project. AddendaNo. 1 to t, inclusive. Public Construction Bond, pages 00610-1 through 00610-3, inclusive, which shall be provided to the County by the Contractor, along with the return of this executed Contract. The Contractor shall be responsible for recording the Public Construction Bond. Insurance Certificates, which shall be provided by the Contractor, along with the return of this executed Contract. Any Modifications, including change orders, duly delivered after execution of this Contract. Notice to Proceed duly delivered after.execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 5.0 Performance Guaranty. Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defect in workmanship or material appearing in the work; and further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment, by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this Contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective work, an equitable deduction from the contract price shall be made therefore or in the alternative, if the expense incurred by the County to correct deficient or defective Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The liability of the Contractor and its surety or sureties for such payment is joint and several. 6.0 Time of Performance / Delays and Extensions of Time. The Contractor shall begin work immediately after the signing, execution and delivery of written notice to proceed, and shall guarantee completion of the Contract on or before One Hundred Sixty-Three (163) calendar days from the date of notice to proceed. Commencement of the Work by the Contractor-shall .be deemed a waiver of this notice. The W6~k Sha'li've ~6ffadct~cl ~n such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Contract. In the event the construction schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. St. Lucie County Engineering Division Project tt04-034 00500-4 As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully doc.umented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. The County desires to expedite construction on this Contract to minimize the inconvenience to the traveling public and to reduce the time of construction. The County will pay the Contractor an "incentive payment" in the amount of $250,000 for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions precedent set forth below. The term "Original Contract Time" as used in this Article will mean the number of calendar days established for completion of the work in the Contract on the date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For purposes Of the calculation and the determination of entitlement to the "incentive payment" stated above, the Original Contract Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance ora catastrophic event (i.e., hurricane or a declared state of emergency). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, or other such events, forces or factors sometimes experienced in co__ns[ruction w_o. rk, Suchdelays o.r events and_hhcir p~tcr~tial h¥,pac'/s ~,,, vt, furmance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the "incentive payment" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event ora catastrophic event (i.e., hurricane or a declared state of emergency) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the County shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time will be used in calculation of the "incentive payment". In the event the Contractor and County are unable to agree to the number of Calendar Days to extend the Original Contract Time, the County will unilaterally determine the number of calendar days to extend the Original Contract Time reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the St. Lucie County Engineering Division Project #04-034 00500-5 Contractor establishes that the number of calendar days determined by the County were arbitrary or without any reasonable basis. However, notwithstanding anything above to the contrary, upon the Contractor's written request being made directly to the County Engineer, with copies provided to both the County Administrator and the County Attorney, the County reserves unto the County Engineer, in his sole and absolute discretion the authority to make a determination to either fully enforce the above provisions with no modification, modify the "Original Contract Time" by moving it, or both modify the "Original Contract Time" by moving it and also modify the "incentive amount" by reducing it. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Article. As conditions precedent to the Contractor's entitlement to any "incentive payment" the Contractor must: (1) Actually complete the Contract and obtain f'mal acceptance by the County prior to expiration of the Original Contract Time. (2) No later than 10 days after final acceptance by the County, the Contractor must either (a) elect to be paid the "incentive payment" pursuant to (3) below, or (b) notify the County in writing that the Contractor is electing to be paid the "incentive payment" and is reserving one or more outstanding claims for final and fully binding determination by the County. The determinations of the County as to any such claims will be fully binding on both the County and the Contractor, with no right of any kind of challenge, review or. appeal, in any forum, by either party. (3) The Contractor shall notify the County in writing, within 10 days after final acceptance'of the Contract by the County, that the Contractor elects to be paid the "incentive payment" which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgment of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the County, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it- functional, weather, weekends, holidays, suspensions of the Contractor's operations, extended or unabsorbed home office or job site .overhead, lump sum maintenance of traffic adjashii¢~,ts, lost pioxqt$, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgment of satisfaction shall be all-inclusive and absolute, save and except any routine County final estimating quantity adjustments. Should the Contractor fail to complete the Contract on or before expiration of the Allowable Contract Time, the County shall deduct $3730 for each calendar day completion exceeds the Allowable Contract Time, from the monies otherwise due the Contractor. The term "Allowable Contract Time" as used in this Article shall mean the Original Contract Time plus any approved adjustments. This deduction shall be the disincentive for the Contractor's failing to timely complete the Contract. In the event the Contractor elects to exercise this "incentive payment" provision, should this provision conflict with any other provision of the Contract, the Contract shall be interpreted in accordance with this provision. St. Lucie County Engineering Division 00500-6 Project #04-034 7.0 Delay Damages. It is mutually agreed between the parties hereto that time is of the essence in the performance of this Contract. In the event the construction of the Work is not completed within the time herein specified the County will suffer damages, the amount of which is difficult if not impossible to ascertain. It is agreed, therefore, that from the compensation otherwise to be paid to the Contractor, the County may retain the sum ors 3730.00 per calendar day for each day thereafter, Sundays and holidays included, that the Work remains uncompleted. This sum shall represent the damages which the County will have sustained per calendar day from the inconvenience and expense caused to the County by the delay in the completion of the Work. This sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. The County also reserves the right to recover actual damages for other harm which results from the delay. The Contractor shall be liable for liquidated damages even if the Contract is terminated by the County for cause or if the Contractor abandons the Work. The liability of the Contractor and its surety or sureties for liquidated or actual damages is joint and several. 8.0 Contract Payment. The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total estimated amount in current funds being: $ 9, [ 34,025.89 9.0 Payment Schedule The County shall make payment on account of the Contract as follows: Once each month progress payments shall be made during the process of construction in amounts 'not to exceed ninety percent (90%) of the amount due on the Contract on the basis of Work completed as certified by the Contractor and approved by the County's Project Manager. Contractor shall submit a payment application to the County's Project Manager by the 25th day of each month. The application shall be for the dollar amount of the Work complete on the last day' - preceding the submission of the application. Payment to the Contractor shall be made within 20 business days of the County's receipt of the application or if appropriate, within 20 business days of the approval of the application by the County's consulting engineer or architect and the application is received by the County. The County may reject the application in writing which shall .specify. the deficiency and the action-n~ce~a.~'~3 ~rr~ct t~c~ deficicncy. Payment shall be due 10 days after the County's receipt of a corrected application. All applications for payment submitted by the Contractor shall reference the County's Contract number. Upon completion of the Contract the Contractor shall submit evidence satisfactory to the County that all payroll material, bills, and other indebtedness incurred by the Contractor in connection with the construction of the project have been paid in full. After the Work has been inspected and approved and after the Contractor has submitted satisfactory evidence of payment, the County's Project Manager shall promptly issue a final certificate. Final payment shall be due within 20 business days after the County's Project Manager issues the final certificate. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. St. Lucie County Project #04-034 Engineering Division 00500 - 7 10.0 Audit. The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 11.0 Public Records. The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 12.0 Guarantee. The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year alter the day of the certificate for final performance of the work for the service intended. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the alternative, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 13.0 Contractor Responsibility. The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an indeoendent contractor, between the-Ceunv/and-t~-.Ce, ntractor; ita employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production Of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, or on, or adjacent to the site of the Work until St. Lucie County Engineering Division Project #04-034 00500 - 8 final completion and Work, from the action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 14.0 Indemnity. Contractor agrees to pay on behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance ~:ndcr t~.~3~C~,tra~, t~lc <:~ridition of the premises, Contractorls acts .... or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific St. Lucie County Engineering Division Project #04-034 00500-9 consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06, Florida Statutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of the lesser of(i) five (5) years or (ii) the applicable statute of limitation for any claim. 15.0 Inspection. The project will be inspected by the County's Project Manager or the County's Project Representative and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a def'mite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 16.0 Public Construction Bond. The Contractor shall, upon execution and return of this Contract to the County, furnish to the County a public construction bond using the attached form or incorporating all of the terms and conditions set forth in the form and covering the faithful performance of this Contract and the payment of all obligations arising hereunder in the amount of one hundred percent (100%) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Contractor shall record the public construction in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. The public construction required hereunder shall meet the following minimum standards: 16.1 The surety issuing the bond must be licensed to do business in the State of Florida, hold a certificate of authorization to write surety in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. 16.2 The attorney-in-fact must provide a Certified copy. of his or her power of attorney to sign the bond. 16.3 The name, address and telephone number of the surety and its agent must be listed on.the bond. For contracts uk to ~,-~,~,) mc.~,:-shall-have twice the minimum surpltls and capital required by the Florida Insurance Code at the time the bid is issued for the Work, otherwise the surety shall have the following minimum ratings: Contract Amount Best Key Rating $500,000 to $2,499,999.99 · Over $2,500,000 Class XII A or better Class XIV or better 17.0 Insurance. The Contractor shall procure and maintain during the life of'this Contract insurance of the types and subject to the limits set forth below. The Contractor shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the County's approval for adequacy. The County shall be a Named Additional Insured on policies of Commercial General Liability and Commercial Auto Liability with respect to all claims arising out of the operations or work performed under this Contract. The County shall be given thirty (30) St. Lucie County Engineering Division 00500-10 Project/t04-034 days notice of changes and cancellations or non-renewal of any policies. If sub-contractors are used by the contractor, it shall be the responsibility of the contractor to ensure that all its sub- contractors comply with all the insurance requirements contained herein relating to such subcontractors. All insurance companies providing insurance under this Contract shall be licensed or authorized to do business in the State of Florida. These companies shall have a general policy holders rating of A or better and a financial rating of X or better according to the latest edition of Best's Key Rating Guide, published by A.M. Best Company. Any deductibles or self insured retention must be declared to and approved by the County. At the option of the County, either the insurer shall reduce or eliminate such deductibles or self insured retention with respect to the County, its elected and appointed officials, employees, volunteers and agents, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 17.1 Worker's Compensation: The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Worker's Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability of $1,000,000 by accident--each accident, $1,000,000 by disease--each employee, $1,000,000 by disease--policy limit. 17.2 Commercial General Liability: The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence and $2,000,000 per job aggregate, for claims of bodily injury including death, property damage and personal injury. The coverages of Owners and Contractors Protective, Contractual Liability and the coverage of XCU shall be included: The Contractual Liability coverage shall be specifically endorsed to include indemnity and hold harmless requirements set forth in paragraph 13 of this Contract. Commercial Auto Liability: The Contractor shall provide and maintain during the life of this Contract, at his, its or their own expense, Business Commercial Auto Liability for claims ~,f b~'dii.~ i,j~'ly- a~ld t~ upon ~.v damage for minimum limits of $1-.0_00,0_00.00 combined single limit. Other Insurance Provisions: The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 17.4.1 The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insured for any and all liability arising out of the Contractor's performance of this Contract, or out of automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employees, Agents, and Volunteers. 17.4.2 The Contractor's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 17.4.3Any failure to comply with the reporting provisions of the policy shall not effect 17.3 17.4 St. Lucie County Engineering Division Project #04-034 00500-11 18.0 17.4.4 coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. The Contractors insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. Default; Termination. 18.1 For Cause: If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within the seven calendar' day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: 18.1.1 If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. 18.1.2 If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material to meet the project schedule or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. 18.1.3 If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. 18.1.4 Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date. The County may take possession of and use any materials, I~lant, tc~13, cq~is~-cnt,-an~ izr~p-¢,-¢¥' o-f any kind furnished by Contractor~t9_ complete the Work. If the expense incurred by the County to finish the Work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If the County makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The Contractor agrees that it shall be entitled to no damages, St. Lucie County . Engineering Division 00500-12 Project #04-034 19.0 20.0 21.0 22.0 allowances or expenses of any kind other than as provided in this Agreement in connection with such termination. 18.2 Without Cause: Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause, including loss of anticipated profits, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to insure the County's ability to construct the project for the Contract amount; (2) the County shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the Work, or to negotiate with the number two bidder under the original bid; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by the County in completion of the project, in addition to construction costs, such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the Work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance bond shall remain in full force and effect for the portion of the Work.completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. Non-Discrimination. Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance.of the Contract with the respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicaps (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. Verification of Employment Status. The County will not intentionally award contracts to any contractor who knowingly employs unauthor~ze~ .~!ie~- :~orkers, co.,,.sti~ting a violation of the emplo35men, t p_rovisions of the r p. Immigration and Nationality Act ("INA"). The Count shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a(e) [Section 274A(e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. Florida Produced Lumber. Contractor agrees to comply with the provisions of Section 255.20, Florida Statues, (1999) and as may be amended from time to time. Asbestos-Free Materials. Contractor shall not use any asbestos or asbestos-based fiber materials in the Work to be performed under this Contract. St. Lucie County Engineering Division 00500-13 Project #04-034 23.0 Assignment. The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 24.0 Attorney's Fees and Costs. In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Contractor and its surety or sureties for such fees and costs is joint and several. 25.0 Notices. All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) receipt requested and addressed to: As To County: With Copies To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft, Pierce, Florida 34982 AND As to Contractor: Dickerson Florida, Inc. Donald B. West, P.E. P/W Dir. (Contracting Officer) St. Lucie County Public Works Dept. P 0 Drawer 719, Stuart, FL 2300 Virginia Ave., Ft. Pierce, FL 3499~ or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 34982 26.0 Non-Waiver. The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 27.0 Conflict of Interest. The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statues 112.311 (1999), and as may be amended. The Contractor further represents that no persons having interest shall be employed for said performance. St. Lucie County Engineering Division Project #04-034 00500-14 28.0 29.0 The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, :interest, or other circumstances which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of the work the Contractor may undertake and request an opinion of the County as to whether the association, interest, or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall state in the notification and the Contractor shall, at his/her option, enter into said association, interest, or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. Dispute Resolution. Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. Mediation. Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument .:ntr~u~e~ at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 30.0 Subcontractors. In the event Contractor requires the services of any subcontractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such subcontractor or professional associate. 31.0 Products or Materials with Recycled Content. Contractor is required to procure products or materials with recycled content with respect to Work performed or products supplied under the contract when those products or materials are available at reasonable prices. A decision to not procure such items must be based on a determination that such procurement: 31.1 Is not available within a reasonable period of time; or St. Lucie County Engineering Division Project #04-034 00500-15 31.2 Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency. Contractor shall provide the County with a written statement indicating what recycled products were used or supplied. If a decision was made not to use recycled products, Contractor shall provide County with a written statement indicating the basis for the decision using the above criteria. 32.0 Indemnity of Florida East Coast Railway Company and Insurance Requirement. If the Work performed under this Contract requires a permit from Florida East Coast Railway Company ("FEC"), the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter, defend and save harmless FEC from and against all judgments, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain, or in any wise be subjected to on account of or occasioned by the operations of the Contractor, or any of the subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, including any such Costs arising from the death, bodily injury of, as follows: Of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway Company, employees and officers of material men, employees and officers of the Contractor, employees and officers of all subcontractors, and from loss, damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same. In furtherance of its obligation to indemnify, defend and save harmless, Contractor shall procure and keep in effect comprehensive general liability insurance in the limits of $2,000,000.00 each occurrence for bodily injury or death and $2,000,000.00 property damage each occurrence, covering all obligations of Contractor to indemnify the Railway by Contractual Assumed Liability Endorsement. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid Railroad Protective Liability Policies insuring the Railway directly as insured against losses and damages with the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required in the State of Florida. All such insurance, directly or indirectly for the benefit of the Railway, shall be in a form satisfactory to Railway's Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best's" rating of A or A+ and a financial category size of Class XII or higher. 33.0 Interpretation; Venue. This Contract constitutes the entire Contract between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Contracts between the parties with respect thereto. This Contract may only be amended as written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, St. Lucie County Engineering Division Project #04-034 00500-16 venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. St. Lucie County Engineering Division 00500-17 Project #04-034 35.0 The Contractor shall comply with the following provisions: II. III. IV. V. VI. VII. VIII. IX. X. General Nondiscrimination Nonsegregation Facilities Payment of Predetermined Minimum Wage Statements and Payrolls Record of Materials, Supplies, and Labor Sublettinq or Assigning the Contract Safety; Accident Prevention False Statements Concerninq Highway Projects Implementation of Clean Air Act and Federal Water Pollution Control Act XI. XII. Certification Regarding Debarment, Suspension Ineligibility, and Voluntar~ Exclusion Certification Regarding Use of Contract Funds for Lobbyin9 I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the Stipulations contained in these Required Contract Provisions, and further require their inclusion Jn any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR §.12; Section I, paragraph 2; Section IV, paragraphs [, 2, 3, 4, and 7; Section V, paragraphs 1 and 20 through 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (gaL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the gaL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: discriminate against labor from any other State, possession: or territory of the United 5totes; or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. NONDTSCP. ZMZNAT~ON l. Equal Employment Opportunil~: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (:)8 CFP, 35, :)9 CFI~ 1630 and 41 CFI~ 60) and orders of the 5ecretar"y of Labor as modified by the provisions prescribed herein, and imposed pursuant to ;]3 U.5.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract 5pacifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of I990 (4:) U.5.C. l:)lOt et sea..) set forth under ;]8 CFR 35 and :)9 CFI~ 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the 5tote highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: · Tt is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, notional or. igin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitmen, odver,ising; layoff or termination; rotes of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the 5HA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination 'of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be revieWed and explained. The meetings will be conducted by the EEO Officer. b. AIl new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering oil major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for Iocatin9 and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications by means of meetings, employee handbooks, or other appropriate means. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The IDOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligate the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include oil affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such persons. Upon completion of each investigation, the contractor will inform ever"y complainant of all of his avenues of appeal. 6. Training and Promotion: The contractor will ¢ssist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the-job training programs for the geographical area of contract performance. Where feasible, 2§ percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: ]]f the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor will either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for'membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b.. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end'that such union a'i',l be conerac:u.~[',y bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information ~s to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. ]~n the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The gaL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) Zn the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order tt246, as amended, and these special provisions, such contractor shall immediately notify the 5HA. 4 8. Selection of Subcontractors. Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. EEO obligations. The contractor will use his best efforts to ensure subcontractor compliance with their 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and. upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcori~'~c1~rs ~'~l:h r,,c~nlngful minority and female representotson among their employees. b. The contractors will submit an annual report to the SHA each ~Tuly for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-i3g[. Zf on- the-job training is being required by special provision, the contractor will be required to collect and report training dota. NONSE~;REGATED FAC~L_,-TZES 1. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, os appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the E~O provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. As used in this certification, the term "segregated facilities~ means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). 3. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of StO,OO0 or more and that it will retain such certifications in its files. PAYMENT OF PREDETERMZNED MZNZMUM WAGE 1. ~eneral: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (;~9 CFR 3) issued by the Secretary of Labor under the ¢opeland Act (40 U.5.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or it subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph of this 5action ]iV and the gaL poster (WH-132I) or Form FHWA-t495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this 5action, contributions made or costs reasonably anticipated for bona fide fringe benefits under 5action l(b(?) fo the Davis- Bacon Act (40 U.5.C. 776a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds-,-or prcgram~, ;;'hi:h cov=~.the particuJar weekJy period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and § of this 5action IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR l, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The 5HA contracting officer shall require that any doss of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by o classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bono fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and the work is performed. with respect to helpers, when such a classification prevails in the'area in which c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rote (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or on authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting/ officer, to the Wage and Hour Administrator for determination. Said Administrator, or on authorized representative, will issue a determination within 30 days of receipt and so advise the contcnctin_a_offi_~c~r o~.._wi!l..n.0tjf_y the ...... conh--c¢ ii,~ ~, ...... ,.,~, ~,iH,h-, ~[,e 3C-day period that ,,dditional time is necessary. e. The wage rote (including fringe benefits where appropriate) determined pursuant to paragraph c or 2d of this Section IV shall be paid to oil workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for o class of laborers or mechanics includes a fringe benefit which is not expressed os an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit os stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider os o portofthe wages of any laborer ormechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.5. DOb) and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training 'Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at on apprentice wage rote, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. Zf the apprenticeship program does not specify fringe benefits, appi~eii; ;cas i~,us';,~ ......... ~'~ ,,,~,,,,L'~z"' amOurit OF Yr-~ge ben~hf~ hst~.~l bn the wage determination for the applicab!¢ classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: i. Except os provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the ~ob site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training program approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rote specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administration of the Wage and hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: I. Helpers will be permitted to work on a project if the helper cl~sification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway c~;~struct~n pr:~r~.ms ~.re not-s~bje~:t to the requi~emen.ts at paragraph 4 of this Section IV. The st~;t~m: ............. ~ ..... hourly wage rates for apprentices and trainees under such programs will be established by the particula~ p~og~ams. The ratio of apprentices and trainees to journeymen shall not be g~eate~ than permitted by the terms of the particular p~ogram. 6. Withholding: The WHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the 5HA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and § above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basis rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United 5totes (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized repr~esentotives of the gaL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the some prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS 1. Compliance with Copeland Regulations (Z9 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the dote of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. l0 b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to .Section ZV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees, under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the 5HA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-00§-00t4-!), U.S. Government Printing Office, Washington, D.C. 2040Z. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice., and trainee) ~.m..p!:y¢d on the contract during the payroll period has been paid the full weekly woges~'n~n-rl' ~4tho,,t.r~hnt,. either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in I~egulations, ;>9 CFR 3; 3. that each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the 'Statement of Compliance" required by paragraph ~d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.$.C. lO0! and 31 U.5.C. 231. 11 g. The contractor or subcontractor shall make the records required under paragraph 2b of this .Section V available for inspection, copying, or transcription by authorized representatives of the 5HA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If ,he contractor or subcontractor fails to submit ,he required records or to make them available, the SHA, the FHWA, the IDOL, or all may, after written notice to ,he contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, 5UPPI TES, AND LABOR I. On oil Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than SI,000,00 (23 CFR 635) the contractor shall: o. Become familiar with the list of specific materials and supplies contained in Form FHWA- 47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA- 47, and in the units shown on Form FHWA-47. c. Furnish, upon the completion of the contract, to the 5HA resident engineer on Form FHWA-47 together with the data required in paragraph lb relative furnish materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETT]:NG OR ASSIGNING THE CONTRAC'r .......... -- 1. The contractor shall perform with its own organization 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the 5tote. Specialty items may be performed by subcontract and the amount 'of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly b the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontr, octor, assignee, or agent of the prime contractor. b. 'Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract os a whole or in general are to be limited to minor components of the overall contract. 12 The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) o competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management and engineering services) as the 5HA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the 5HA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 5HA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY; ACC[DENT PREVENTION I. In the performance of this contract, the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (;~3 CFR 63§). The contractor shall provide all safeguards, safety devices and protective equipment end take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which ore unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (;>9 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.5.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized .op.~c.nt~fiv. fh~,~nf, chall hove right of entry to any site of ~_~tr_~c_t=P_e_~.~0_r.~m?__c_.e t__o., i~s?.ect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties - of the Secretary under Section i07 of the Contract Work Hours and Safety Standards Act (40 U.5.C. 333). IX. FALSE STATEMENT5 CONCERNIN6 HIGHWAY PRO3ECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is o violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFI~ 63§) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGA6ED ON FEDERAL-AID HIGHWAY PRO3ECT$ 13 18 U.$.C. 1020 reads as follows: 'Whoever, being an officer, aEent, or employee of the United States, or of any 5tote or Territory, or whoever, whether a person, association, firm, or corporation, knowin91y makes any fa/se statement, false representation, or fa/se report as to the character, quality, quantity, or cost of the mater/a/used or to be used, or the quanHty or quafity of the work performed or to be performed, or the cost thereof in connect/on w/th the submission of plans, maps, specif/Dations, contracts, or costs of construct/on on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any fa/se statement, fa/se representation, fa/se report or fa/se c/~m with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construct/on of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact zh any statement, certificate, or report subm/tted pursuant to provisions of the Federal-aid Roads Act approved ~Tuly I, 1916, (39 5tat. 355), as amended and supp/emented; ,~ha// be f/ned not more than 510,000 or imprisoned not more than 4 years or both." X. 'rMPLEMENTAT'J:ON OF CLEAN AZR ACT AND FEDERAL WATER POLLUT'J:ON CONTROL ACT By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated os follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Cleon Air Act, os amended (42 U.5.C. 1857 et sec]., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, a amended (33 U.$.C. 1:751 et sea.., os amended by Pub. L. 92-§00), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.5. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Cleon Air Act and Section 308 of the Federal Water Pollution Control Act and oll regulations and guidelines !isted thereunder. -..- 3. That the firm shall promptly notify the 5HA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this 5action X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. X]]. CER'rZFTCATZON RE~ARDZN~ DEBARMENT, 5USPENSTON, ZNEI TE, TBZLL-TY AND VOLUNTARY EXCLUS'rON 1. Znstructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) 14 a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below: b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The Certification or explanation will be considered in connection with the department or agency's determination whether at enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the deportmen, or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," 'debarred," 'suspended," 'ineligible," 'lower tier co vered t ransac t ia n," ' par t ici pant," "person," ' primary covered transact ia n," "principal," "pro paso[," and ' vo lu ntarily 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 department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the deportment or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled 'Certification Regarding Debarment, _Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," provided by the deportment or ,'9ancy cntcrini~ !nrc this covered transac~tion, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded frdm 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 portion of the 'Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 15 j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered 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 C-overnment, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Zneligibility and Voluntary Exclusion - Primary Covered Transactions its principals: The prospective primary participant certifies to the best of its knowledge and belief, that it and a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a cri'minal 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 antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of.records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charaged by governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph of this certification; and d. Have not within a 3-year period preceding this application/proposal had one ormore public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach on explanation to this proposal. ?. ]Znstructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. ill it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 16 c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," 'suspended," "ineligible," 'primary covered transaction," "participant," 'person," 'principal," "proposal," and 'voluntarily executed," as used in this clause, have the meanings set out in the Definitions and (]overage sections of rules implementing Executive Order 12§49. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification ~egording Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that 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. h. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participotion in this transaction, in addition to other -' ~ ,~n =u,~o avail,Ne to the Federal Government, the_dep_artment, or 9~ency with which may pursue available remedies, includin9 suspension and/or debarment. Certification Regarding Debarment, Suspension, Zneligibility and Voluntary Exclusion - Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, 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. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 17 X]:. eERT~FZ¢AT'ZON RE6AED'rN6 USE OF CONTRACT FUND5 FOP, LOBBY]:N6 (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed i00,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. ][f any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was. made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 3! U.5.C. !35;>. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and nor more than St00,O00 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed StO0,O00 and that all such recipients shall certify and disclose accordingly. 18 IN WITNESS WHEREOF, the County has hereunto subscribed and the Contract,~r has affixed his, '~ts, or their names, or name, and seal the date aforesaid. ATTEST: .,.~ ~ ;. · . ~,..~'.:..: :" 7 ' ~.~. ..~ ~ CONTRACTOR (IF CORPORATION): WITNESS - W TNESS (SEAL) CONTRACTOR (IF PARTNERSHIP): BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA APPROVEDX)AS TO FORM SECRETARY: WITNESS GENERAL PARTNER: WITNESS CONTRACTOR (IF INDIVIDUAL): WITNESS WITNESS NOTARIAL ACKNOWLEDGMENTS (PROVIDE ONE FOR EACH ENTITY OF INTEREST, EXCEPT THE BOARD OF COUNTY COMMISSIONERS) STATE OF COUNTY OF St. Lucie County Engineering Division 00500-18 Project #04-034 IF EXECUTION IS BY A CORPORATION /~/I I-I~RE~Y CERTIFY that on this day before me personally appeared ~LU/',/' /~ ~/~and ('~q lC'. L6~cr~ {E., President and Secreta~ respectively of ~/C/~ Flor/O~ ~ a co~oration under the laws of the State of~}~r~ y,: to me ~own to be the persons who si~ed the foregoing instrument ~ such officers and severally ac~owledged the execution thereof to be ~eir kee act and deed ~ such officers for the uses and pu~oses therein mentioned and that the said instrument is the act and deed of said co~oration. WI~SS my hand and official seal at ~ff/~ ~t~,, F/cr~'d~, said Coun~ and State, This /~( dayof ~q~r ,200~ ~ [~ Expires 912912006 ~ ~- Nota~ Public My commission expires: .................................... (SEAL) IF EXECUTION IS.BY A PARTNERSHIP I HEREBY CERTIFY that on this day before me personally appeared General Partner of , a (general)(!imited) partnership, to me known to be the person who signed the foregoing instrument and (he)(she) acknowledged the execution thereof to be (his)(her) free act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal at day of ,20__ , said County and State, This My commission expires: Notary Public (SEAL) St. Lucie County Engineering Division 00500-19 Project #04-034 IF EXECUTION IS BY AN INDIVIDUAL I I-[EREBY CERTIFY that on this day before me personally appeared (and , his wife), to me known to be the person(s) who signed the foregoing instrument and (he)(she)(they) severally acknowledged the execution thereof to be (his)(her)(their) free act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal at day of ,20__ said County and State, This My commission expires: Notary Public (SEAL) St. Lucie County Engineering Division 00500-20 Project//04-034 ACORD. CERTIFICATE OF LIABILITY INSURANCE 06/01/2004 PRODUCER SURETY AGENCY, LLC 20 S. SPRUCE STREET SUITE 301 ASHEVILLE, NC 28801 'INSUR~ 828-236-1000 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. INSURERS AFFORDING COVERAGE INSURER A: DICKERSON FLORIDA, INC. ~NSURER B: P. O. BOX 719 INSURER C: STUART, FL 34995 INSURER O: INSURER E: ZURICH AMERICAN INSURANCE COMPANY AMERICAN GUARANTEE AND LIABILITY INS CO 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 PAIO CLAIMS. INSR ~,TR __ A TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X COMMERCIALGENERAL LIABILITY 'GLO 3865923 i CLAIMS MADE i X i occur GEN'L AGGREGATE LIMIT APPLIES PER: . JECT i ! LOC I AUTOMOBILE LIA EILITY ' BAP 3865924 X i ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X~ HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIAalLITY X-~ OCCUR ~ CLAIMS MADE DEDUCTIBLE ~-] RETENTION $ 0 WORKERS COMPENSA~ON AND A EMPLOYERS' LIABILITY OTHER AUC 9374501 01 POLICY EFFECTIVE , POLICY EXPIRATION DATE (MM/DD/YY~ DATE IMM/D[~/YY) 06/01/04 06/01/05 06~01/04 06/01/04 06/01/05 06/01/05 WC 3866025 06~01/04 06/01/05 ~ESCR~P~N~F~PERA~NS~L~CATI~NSNE~CLE$~E~CL~S~NSADDE~BYEND~RSEMENT~SPEC~ALPR~S~NS Indian River Drive - North Project Project #04-034 DFI Project #3393 LIMITS EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 300,000 MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE 1,000,000 $ 2,000,000 PROOUCTS - COMP/DP AGG $ 2,000,000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per acc=dent) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ $ 2,000,000 $ 25,000,000 25,000,000 EACH OCCURRENCE AGGREGATE X WC STATU- lOTH- TORY LIMITS I ~ ER E L. EACH ACCIDENT j~ $ E.L. DISEASE - EA EMPLOYEEI $ 500,000 500,000 I E.L DISEASE - POLICY LIMIT [ $ 500,000 Certificate Holder is listed as additional insured CERTIFICATE HOLDER ! X i ADDITIONAL INSURED; INSURER LETTER: CANCELLATION St. Lucie County Board 2300 Virginia Avenue Fort Pierce, FL 34982 of County Commissioners ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING iNSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OB/[~GATION OR LIABILITY OF~I~Y KIND UPON~4~E INSURER, ITS AGENTS OR REP.ES¢ IVES. / / // AUTHOR/~D RE. RRESENTATIVE /] /' -. // / *'~'~ .... ~ ACORD CORPORATION 1988 DICKERSON FLORIDA, INC. (BIDDER'S COMPANY NAME) 34. UNIT PRICE SCHEDULE Indian River Drive - North Proiect Payltem: · : :: · ' Unit Estimated No, · Description ' · Measure Quantity unitPrice ~' :.Amount ' 101-1 Mobilization LS 1 $ ~' ~' ~. c~: 102-1 Maintenance of Traffic LS 1 $ t~ 104-10-1 Baled Hay or Straw EA 160 ,1; 104-13-2 Staked Silt Fence LF 21,120 ,1; 110-1-1 Clearing&Grubbing LS 1 (28.2 acres) $ C/,-'~-O, EL¢). 120-6 Embankment CY 123,493 ,1; Q-"5. ~ ~ $ ~..¢ ~':7/¢~2.'.~ Geosynthetic Reinforced Soil 145-1 Slope SF 64,416 ,1; ¢- ! O ,1; ff21t-'//,,q. ~.(: 425-1-561 Inlet(Ut Bottom, Type F) (<10') EA 10 ,!; 430-174- Pipe Culvert Opt. Marl. (Stm. 125 Drain) (18")- LF 300 ,1; 514-71-1 plastic Filter Fabric SY 165,370 ,1; Q,,. 530-74 Bedding Stone TONS 7,150 ,1; O. 530-80-1 RipRap (Optional Materials) SY 51,627 ,1; {p /. E) ~. $ ":~, ! 5 oI ~-] c]. 570-5 Fertilizer TONS 3.9 $ ~' C.vO.00 $ 570-9 Water for Grassing MG 578.0 5; 575-1-1 Sodding (Bahia) SY 93,212 ,1; /.'-] ~ $ /~,~,,/~,~/.Oo Initial Contingency Amount (Do 999-25 Not Bid) ,I; $ u'"' ,"', '~-- ........... BA~Eqs~: TOTAL ESTIblATED AMOUN'I $ Based on Bid Unit Prices & Estimated Quantities Notes: 1. Thc costs of any accessories to the Work including any and all bonds, any costs associated with thc National Pollution Discharge Elimination System requirements, and sanitary facilities shall be included in the Mobilization cost. 2. The Maintenance of Traffic plan shall be based on appropriate sheets from Index 600 series, as a minimum. The CounLy reserves the right to require the contractor to increase the provisions of the MOT plan, at no cost to the County, based on field performance. 3. The quantities shown in the above table are estimated. The contractor is expected to protect }tis work and to minimize any and all disturbances. The replacement costs of work that is not protected, or that of areas that need not be disturbed, is to be borne by the contractor and should be considered in the appropriate unit price. 00500-21 St. Lucie County Engineering Division Project # 04-034 SEABOARD SURETY COMPANY PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTORPHONENO.: SURETY COMPANY: SURETY AGENT: SURETY AGENT PHONE NO.: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO.: OBLIGEE NAME:of~o~tr~ctmg entity is different fi.om owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO.: BOND AMOU2qT: ..... . CONTRACT NO. DESCRIPTION OF WORK: SS2779 Dickerson Florida. Inc. P. O. Drawer 719 Stuart, Florida 34995 561-287-6820 Seaboard Surety Company 5801 Smith Avenue Baltimore, Maryland 21209 Surety Agency, LLC 20 South Spruce Street, Suite 301 Asheville, N.C. 28801 (828) 236-1000 St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 772-462-1667 $9,'1.~4,0~5.89 Clearing, Grubbing and Bank Stabilization PROJECT ADDRESS: Indian River Drive - North Proiect St. Lucie County, Florida LEGAL DESCRIPTION: Indian River Drive St. Lucie 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 SECTION 006 ! 0 PUBLIC CONSTRUCTION BOND BY THIS BOND, We Dickerson Florida, Inc. , as Principal and Se~d Surety Company , a Corporation, as Surety, are bound to the ST. LUCIE COUNTY, herein called "County", in the sum of $ 9,134,025.89 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: Performs the Contract dated October 26 ,20 04 between Principal and County for the Indian River Drive - North Proiect, located within St. Lucie County, Florida, the Contract being made a part of this bond reference, at the times and in the manner prescribed in the Contract. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statues, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract; and Pays County all losses, damages including but not limited to delay damages, expenses, costs, and attorney's fees, including appellate proceedings, that County sustains because of a default by Principal under the Contract; and Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. This bond is subject to the provisions of Section 255.05, Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this bond. Principal agrees to record this bond in the Official Records for St. Lucie County before the commencement of _the .work subiect of this bond. St. Lucie County Engineering Division 00610-1 Project #04-034 DATED ON: October 26 ,20 04 PRINCIPAL · Address: Di~kerson Florida, Inc. P.O. Drawer 719 Stuart, Florida 34995 SURETY: Seaboard Surety Company Address: 5801 Smith Avenue B~timore, Mar~lan~d 21209/] ~en K. ~d, Attomey-in-Fact · La Rue, Jr. Florida Licensed Resident Agent Claims against this bond are subject to the notice and time provisions set forth in Section 255.05, Florida Statutes. CERTIFICATES AS TO CORPORATE PRINCIPAL I ........ /c,~_~ ~ ;'~_. , ,L,C.,r'f J /~ , certify that I am the Secretary of the Comorati9.n_ named as Principal in the wit~in bond; that /. f} z"r',4 f-. DO.>-/~_-- who signed the said bond on behalf of the Principal, was then fj/L~' ~/'n}.~D-F of said Corporation; that I know his signature, and his signature heret/o is ge-~ui~-~; ~nd-th~tt said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authori 't~~~g bod~. ~ary (Corporate Seal) St. Lucie County Engineering Division 00610-2 "Inquiries 828-236-1000" Project//04-034 NORTH CAROLINA STATE OF ~ ) COUNTY OF 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 sworn 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 St. Lucie County, Florida. Subscribed and sworn to before me this A.D. (Attach Power of Attorney) 26th day of October ,20 04 Notary Public Susan R. Fussell State otAg{~t~l~'~t~K North Carolina My Commission Expires: 9-22-07 St. Lucie County Engineering Division 00610-3 Project #04-034 Th, SI'i ul POWER OF ATTORNEY 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 Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 22821 Certificate No. 1 3 5 2 9 4 1 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 duty organized under the laws of [he 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 Asheville North Carolina of the City of State 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 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 bonds and undertakings required or permitted in any actions or proceedings allowed by law. 30th October 2001 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of State of Maryland City of Baltimore 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 ? - i~t JOHN F. PHINNEY, Vice President THOMAS E. HUIBREGTSE, Assistant Secre/~ry. On this BOth 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 Slates Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, [nc.; 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 tbregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. REBECCA EASLEY-ONOKALA~ Notary Public 86203 Rev. 7-2000 Printed in U.S.A. Sl'Rlul Surety St. Paul F'n'c and Marine Insurance Company United StaU:s ~ and Guaxanty C~mpany SL Paul (~unrd]an Insurance Company Fidelity and ~ Insurance Compony St. Paul Mercury ~ Company Fidelity and Guaranty Insuranc~ Underwriters, Inc. Senl~u-d Snt~-~y C~n~pnny St. Pnul Medlen] L~nbillty In~u'nnee Comt~my Bond No. RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE N/A 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 statutodly established deductible paid by the insurance company providing the coverage. Under the Act, thera 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 $100,000,000,000. The portion of your premium that is attributable to coverage for acts ot terrorism is .o0. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. Article 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 15.0 16.0 17.0 SECTION 00700 GENERAL CONDITIONS Title Definitions Preliminary Matters Correlation, Interpretation and Intent of Contract Documents Availability of Lands; Subsurface Conditions; Reference Points Bonds and Insurance Contractor's Responsibilities Work by Others Owner's Responsibilities Engineer's Status During Construction Changes in the Work Change of Contract Price Delays and Extensions of Time Guaranty; Tests and Inspections Payments and Completions Suspension of Work and -Termination Miscellaneous Public Entity Crimes St. Lucie County Engineering Division 00700-1 Project #04-034 1.0 Definitions. Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereofi 1.1 Acceptance: By the OWNER'S PROJECT MANAGER of the Work as being fully complete in accordance with the Contract Documents. 1.2 Contract: The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed; the Contract Documents are attached to and made a part of the Contract. Also designated as the Agreement. 1.3 Addenda: Written or graphic instruments issued prior to the execution of the Contract which modify or interpret the Contract Documents, Drawings and Specifications, by additions, deletions, clarifications or corrections. 1.4 Application for Payment: The form furnished by the OWNER which is to be used by the CONTRACTOR in requesting progress payments and an affidavit of the CONTRACTOR that progress payments theretofore received from the OWNER on account of the Work have been applied by the CONTRACTOR to discharge in full all of the CONTRACTOR'S obligations stated in prior Applications for Payment. 1.5 Approval: Accept as satisfactory. 1.6 Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.7 Bidder: Any person, firm or corporation submitting a Bid for the Work. 1.8 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the Contract Documents and in accordance with the law of the place of the project. 1.9 Change Order: A written order to the CONTRACTOR executed on behalf of the OWNER authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract. 1.10 Contract Documents: The Contract, Addenda, Instructions to Bidders, CONTRACTOR'S Bid, the Bonds, the Notice of Award, these General Conditions, the Supplementary Conditions, Special Conditions, the Specifications, Drawings, Modifications, and the Notice to Proceed. Contract Price: The total moneys payable to the CONTRACTOR under the Contract Documents. Contract '_rime: The number of calendar days o,a,,.,~ in thc '-' ....... "- "'~ .......... ur .... completion of the Work. Contractor: The person, firm or corporation with whom the OWNER has executed the Contract. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents. Engineer: The person, firm or corporation named as such in the Contract Documents. Engineer's Representative: An authorized representative of the ENGINEER assigned to observe the work performed and materials furnished by the CONTRACTOR. Field Order: A written order issued by the OWNER'S PROJECT MANAGER or by the ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 St. Lucie County Engineering Division 00700-2 Project #04-034 1.20 .22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 parties, (b) a Change Order, 8 a written clarification or interpretation issued by the ENGINEER in accordance with paragraph 9.3 or (d) a written order for a minor change or alteration in the Work issued by the OWNER'S PROJECT MANAGER or by the ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution of the Contract. Notice of Award: The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Contract to him. Notice to Proceed: A written notice given by the OWNER'S PROJECT MANAGER to the CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Documents. Owner: St. Lucie County, its Board of County Commissioners. Owners Representative: The person or persons designated by the OWNER'S PROJECT MANAGER. The OWNER'S PROJECT MANAGER. This may include the ENGINEER. Project: The entire construction to be performed as provided in the Contract Documents. Project Manager: The individual who is authorized to act on behalf of the OWNER or CONTRACTOR. Project Representative: (also Construction Observer, Resident Inspector, or Construction Inspector) One or more authorized representatives of the OWNER assigned to observe the Work performed and materials furnished by the CONTRACTOR, or such other persons as may from time to time be appointed by the OWNER'S. PROJECT MANAGER as his representative(s). Nothing contained in these General Conditions shall be construed to grant to the Project Representatives the right or authority to modify, alter, revoke, enlarge, or relax the provisions of the Contract Documents in any manner, nor to approve or accept any portion of the completed work, or issue instructions contrary to the Plans and Specifications or the requirements of regulatory agencies having jurisdiction. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the ENGINEER or the OWNER or any of his representatives to take exception to any product, material,, sys-t~m ~r- inst.a!!at~v,n depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other Modification of the Contract Documents, and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Special Conditions: When included as a part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedent over the General Conditions. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other subcontractor for the performance of a part of the Work at the site. St. Lucie County Engineering Division Project #04-034 00700-3 1.33 Substantial Completion: The stage in construction when a project can be utilized for the purposes for which it was intended. At substantial completion, minor items and items that are seasonally restricted need not be completed, but the items that affect operational integrity and function of the facility must be capable of continuous use. 1.34 Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. 1.35 Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and his acceptable performance of the Work. 1.36 Underground Facilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 1.37 Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnished thereof. 1.38 Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with Contract requirements. 2.0 Preliminary Matters. 2.1 Award: The award of the Contract, if it is awarded, will be to the lowest qualified, responsible Bidder. No Notice of Award will be given until the OWNER'S PROJECT MANAGER has concluded such investigations as he deems necessary to establish the responsibility, qualification and financial ability of the Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the OWNER'S PROJECT MANAGER within the time prescribed. The OWNER reserves the right to reject the Bid of any Bidder who does not pass such investigation to the OWNER'S satisfaction.' In analyzing Bids, the OWNER'S PROJECT MANAGER may take into consideration alternates and unit prices, if requested by the Bid forms. 2.2 Execution of Contract: At least three counterparts of the Contract and such other Contract Documents, including_b~,~d% u~il!_l-tn ~¥e~uted and delivere0 by t;DN'IKAL;'IDK to the OWNER'S PROJECT MANAGER within 30 calendar days of receipt from the OWNER'S PROJECT MANAGER. 2.3 Forfeiture of Bid Security: Failure of the successful Bidder to execute and deliver the Contract and deliver the required Bonds and Insurance Certificates or other documentation as stipulated in paragraph 2.2 or in the Instructions to Bidders - Section 00100, shall be just cause for the OWNER to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre-Start Representation: CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the Specifications and made 2.4 St. Lucie County Engineering Division 00700-4 Project #04-034 2.5 2.6 2.7 2.8 2.9 2.10 such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of Contract Time: The Contract Time will commence to run on the date identified in the written notification by the OWNER'S PROJECT MANAGER in the form of the Notice to Proceed. Starting the Project: CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run, except with the written consent of the OWNER'S PROJECT MANAGER. Before Starting Construction: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. He shall at once report in writing to ENGINEER any conflict, error or discrepancy which he may discover; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error or discrepancy in the Drawings or Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. Work which is considered to be normal to the construction industry and should have been anticipated by the CONTRACTOR will not be eligible for reimbursement by change order. Schedule of Completion: CONTRACTOR shall submit to the OWNER'S PROJECT MANAGER, together with the executed Contract and other required documents, an estimated progress schedule with earnings indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing Submissions. No payments shall be made by OWNER to CONTRACTOR until the estimated progress schedule has been reviewed and approved by the OWNER'S PROJECT MANAGER. See paragraphs 6.22 through 6.26. The ENGINEER shall review and return this schedule or require revisions thereto within 5 days of its submittal. :Said progress schedule shall be updated by CONTRACTOR on a monthly basis. Pre-Construction Conference: A pre-construction conference will be held, prior to any work being performed and prior to the commencement of the Contract Time, to review the above schedules, to establish procedures for handling Shop Drawings and other submissions and for process~g Api,!-'_.'c?~t.-i.e.~ £e~ P~_yme~t,-anci to estabii'si~ ~ Worlc~ng understanding between the parties as to the Project. Present at the conference will be the OWNER'S PROJECT MANAGER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR and his Superintendent, and appropriate parties such as private utilities as deemed necessary. Qualification of Subcontractors, Materialmen and Suppliers: Within ten working days after bid opening, the CONTRACTOR will (if required) submit to the OWNER'S PROJECT MANAGER and the ENGINEER for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of the Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty working days after receiving the list, the ENGINEER will notify the CONTRACTOR in writing if either the OWNER'S PROJECT MANAGER or the ENGINEER, after due investigation, has reasonable objection to any Subcontractor, person or organization on such list. The failure of the OWNER'S PROJECT MANAGER or the ENGINEER to make objection to any St. Lucie County Engineering Division 00700-5 Project #04-034 Subcontractor, person or organization on the list within thirty days of receipt shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the OWNER'S PROJECT MANAGER or the ENGINEER to reject defective Work, material or equipment, or Work, material or equipment not in conformance with the requirements of the Contract Documents. 3.0 Correlation, Interpretation and Intent of Contract Documents. 3.1 Contract Documents Modifications: It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between the OWNER and the CONTRACTOR. They may be altered only by a Modification. 3.2 Conflicts, Errors or Discrepancies: The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, he shall call it to the ENGINEER'S attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error or discrepancy in the Specifications or Drawings, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Furnish and Install: The words "furnish", "furnish and install", and "provide" or words with similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". Miscellaneous Items: Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure or plant, providing the indicated function, shall be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories shall be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential part, and shall be approved by the ENGINEER before installation. The above requirements are not intended to include major components not covered by or inferable from the Drawings and Specifications. Trades Work: The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in s. ucb: a=.rn, anne~g~O, o_ht,ln_the hest:wr~rkm~.nship possible for the entire Project, and all components of the Work shall be installed or erected in accordance with the best practices of the particular trade. ' Manufacturer's Literature: Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it shall be understood that such reference is to the latest edition, including addenda in effect on the date of Bid. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the contract documents) shall be effective to change the duties and responsibilities of the OWNER, CONTRACTOR, or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the ENGINEER, or any of the ENGINEER'S consultants, agents or employees, any duty or authority to supervise or 3.3 3.4 3.5 3.6 St. Lucie County Engineering Division 00700-6 PrQect#04-034 3.7 direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions of these General Conditions. Brand Names: Brand names where used in the technical specifications, are intended to denote the standard of quality required for the particular material or product. The term "equal" or "equivalent", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use and capable of performing the same function, in the opinion of the ENGINEER, as the material or product so specified. Determination of whether an item is "equal" or "equivalent" shall be solely at the discretion of the ENGINEER with the concurrence of the OWNER'S PROJECT MANAGER. Proposed equivalent items must be approved by ENGINEER before they are purchased or incorporated in the Work. Failure of the ENGINEER or the OWNER'S PROJECT MANAGER to find an item "equal" or "equivalent" shall not entitle the CONTRACTOR to a change in contract price. Approval of an item as "equal" or "equivalent" shall entitle the OWNER to a credit if use of the approved item results in a savings in material and/or labor cost to the CONTRACTOR. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", the CONTRACTOR shall use the brand specified.) 4.0 Availability of Lands: Subsurface Conditions; Reference Points. 4.1 Availability of Lands: The OWNER will furnish, as indicated in Contract Documents, the lands upon which the Work is to be done, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface Tests: The ENGINEER will, upon request, furnish to the BIDDERS copies of available subsurface tests at cost of reproduction. 4.3 Subsurface Conditions: The CONTRACTOR acknowledges that he has investigated prior to bidding~od~q~tko, xqed_b i..rn~el£.~q_.t~.the Jconditicms affecting tlae Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done on behalf bfthe OWNER on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made a part of this Contract, or any other information made available to him prior to receipt of Bids. Any failure by the CONTRACTOR to acquaint himself with the available information will not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The OWNER and ENGINEER assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the St. Lucie County Engineering Division 00700-7 Project #04-034 4.4 4.5 4.6 OWNER or ENGINEER. Differing Site Conditions: 4.4.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the OWNER'S PROJECT MANAGER in writing of: 4.1.1.1 subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or 4.1.1.2 unknown physical conditions at the site; of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. The OWNER'S PROJECT MANAGER shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly. 4.4.2 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in (a) above; provided, however, the time prescribed therefore may be extended by the OWNER. 4.4.3 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract. Physical Conditions - Underground Facilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Special Conditions: 4.5.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, 4.5.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.19 and repairing any damage thereto resulting from ·-the--.x,¢e~E~*.th-e--~e:~. ~f ~!-! .of--wh-mh will b~. cons'~dered as having been included in the Contract Price. No additional compensation will be allowed the Contractor because of the existence of utility lines which are not shown on drawings. 4.5.3 If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.21) identify the owner of such Underground Facility and give written notice thereof to that owner and to the OWNER'S PROJECT MANAGER and ENGINEER. Existing Structures: The plans show the locations of all known surface and subsurface structures. However, the OWNER and ENGINEER assumes no responsibility for failure to show any or all of these structures on the Plans, or to show them in their exact location. It is mutually agreed that such failure shall not be considered sufficient basis for claims for additional compensation for extra work or for increasing the pay-quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate changes in the lines or grades, or requires the building of special work, provisions for which are not made St..Lucie County Engineering Division 00700-8 Project #04-034 in the Plans and Proposal in which case the provisions in these Specifications for extra work shall apply. 5.0 Bonds 5.1 5.2 5.3 and Insurance. Public Construction Bond: CONTRACTOR shall furnish a public construction bond as security for the faithful performance and payment of all his obligations under the Contract Documents. This Bond shall be in an amount at least equal to the Contract Price and in such form and with such sureties as are acceptable to OWNER. Bond forms for the aforementioned securities are a part of the Contract Documents and CONTRACTOR shall insure that each executed copy of the bond form is complete and sealed. The Bond shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties licensed to do business in Florida, satisfactory to St. Lucie County and with an "A" rating or better as published by Best Insurance Reports. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. Contractor's Insurance: The CONTRACTOR shall provide the OWNER with insurance certificates, as set forth in the Contract, certifying that all required insurance is in force; and such insurance certificates shall include provisions that the insurance shall not be canceled, allowed to expire or be materially changed without giving the OWNER'S PROJECT MANAGER advance notice by registered mail. 5.2.1 The Contractor shall maintain all insurance during the life of this Contract as set forth in the Contract. Cancellation and Re-Insurance: If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this Contract, the CONTRACTOR shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain continuous coverage during the life of this Contract. 6.0 Contractor's Responsibility. 6.1 Supervision and Superintendence: The CONTRACTOR will supervise and direct the Wor_k. Her~i!!:_~e.~_so~lely r.e.s~ponsibi~_ £or the means; methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required 'to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Superintendent shall be mailed to the Contractor's home office.) 6.2 Labor, Materials and Equipment: The CONTRACTOR will provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. He will at all times maintain good discipline and order at the site. 6.3 6.3 Materials and Equipment: The CONTRACTOR will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. St. Lucie County Engineering Division Project #04-034 00700-9 6.4 6.5 6.6 6.6.2 6.6.3 6.6.4 6.6.5 All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated into the work. The OWNER will not reimburse the CONTRACTOR for materials lost, stolen, or damaged while stored on the job site. Condition of Materials: All materials and equipment will be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the site in their original packages or container with seals unbroken and labels intact. Installation / Assembly: All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. Materials, Equipment, Products, and Substitutions: Materials, equipment and products incorporated in the Work must be approved for use before being purchased by the CONTRACTOR. The CONTRACTOR shall submit to the ENGINEER and the OWNER'S PROJECT MANAGER a list of proposed materials, equipment or products, together with such samples as may be necessary for him to determine their acceptability and obtain his approval, within ninety calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by the ENGINEER. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number, and if, in the opinion of the ENGINEER and OWNER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER with concurrence of the OWNER'S PROJECT MANAGER may approve its substitution and use by the CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by the CO_NTR ~a c'TO~.~with.o:~t all increase in theContract Price or Contract Time. The CONTRACTOR shall reimburse the OWNER for charges of the ENGINEER and ENGINEER'S consultants for evaluating each proposed substitution. These costs shall include transportation to operating installation at factories, etc. No substitute shall be ordered or installed without the written approval of the ENGINEER with the OWNER'S PROJECT MANAGER's concurrence. Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any work disarranged by such alterations, at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Subcontractor subject to any chattel mortgage or under a conditional St. Lucie County Engineering Division 00700-10 Project #04-034 sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that he has good title to all materials and supplies used by him in the Work. 6.7 Concerning Subcontractors: The CONTRACTOR will not employ any Subcontractor, other person or organization of the types referred to in paragraph 2.10 (whether initially or as a substitute) against whom the OWNER or the ENGINEER may have reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor against whom he has reasonable objection. The CONTRACTOR will not make any substitution for any Subcontractor who has been accepted by the OWNER'S PROJECT MANAGER and the ENGINEER, unless the ENGINEER determines that there is good cause for doing SO. 6.8 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values. 6.9 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 6.10 Terms and Conditions: The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER. 6.11 Agreement: All Work perfbrmed for the CONTRACTOR by a Subcontractor shall be pursuant to any appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 Responsibility: The CONTRACTOR shall be responsible for the coordination of the .. tra~d.es.. S~ubcontra.~t.ors-and materiairnen engaged upon His Work. ' 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and to g!ve the CONTRACTOR the same power as regards terminating any subcontract that the OWNER may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The OWNER or ENGINEER will not undertake to settle any differences between the CONTRACTOR and his Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the OWNER'S PROJECT MANAGER or ENGINEER, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, he shall be replaced if and when directed in writing. 6.13 Patent, Fees and Royalties: The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. He will indemnify and hold harmless the OWNER and ENGINEER and anyone directly or indirectly employed by St. Lucie County Engineering Division 00700- 11 Project #04-034 6.14 6.15 6.16 6.17 6.18 6.19 6.20 either of them from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. Patent Rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such determination on systems which do not involve purchase by him of materials, appliances and articles. Permits: The CONTRACTOR will secure and pay for all construction permits and licenses and will pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. The OWNER shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR will also pay all public utility charges. The Contractor shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District, Florida Department of Environmental Regulation, United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility (fines, etc.). La,os and Regulations: The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, he will give the ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he will bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Taxes: Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Record Drawings: The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the ENGINEER and shall be delivered to him for the OWNER upon completion o£the project, ir shall be used for this purpose only. Final acceptance of the project will be withheld until approval of the documents is made by the OWNER'S PROJECT MANAGER. Safety and Protection: The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: 6.19.1 Ali employees on the Work a.nd other persons who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Superintendent: The CONTRACTOR will designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the CONTRACTOR'S superintendent unless otherwise designated in writing by the St. Lucie County Engineering Division 00700-12 Project #04-034 6.21 6.22 6.23- 6.24 6.25 6.26 6.27 CONTRACTOR to the OWNER'S PROJECT MANAGER. Emergencies: In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the ENGiNEER or the OWNER'S PROJECT MANAGER, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. If the CONTRACTOR believes that additional work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. Shop Drawings and Samples: After checking and verifying all field measurements, the CONTRACTOR will submit to the ENGINEER and the OWNER'S PROJECT MANAGER for review, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8) copies (or at the ENGINEER'S option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the ENGINEER to review the information as required. Samples: The CONTRACTOR will also submit to the ENGINEER for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. Deviations: At the time of each submission, the CONTRACTOR will in writing call the ENGINEER'S attention to any deviations that the Shop Drawings or sample may have from the requirements 'of the Contract Documents. Conformance Review: The ENGINEER will review with reasonable promptness Shop Drawings and samples, but his review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the item functions. The CONTRACTOR will make any corrections required by the ENGINEER and will return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the ENGiNEER. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawit~gs tO, ~visioit~ oil'_~=l than ~.il{~ correcti°n's' called for by the ENGINEER on previo,,s submissions. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute a representation to the OWNER and the ENGiNEER that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR'S stamp or specific written indication will be returned without action. Shop Drawings and submittal data will be reviewed t~vo times, thereafter all further review time will be charged to the CONTRACTOR. Approval: No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the ENGINEER. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the ENGiNEER. Specific Deviations: The ENGINEER'S review of Shop Drawings or samples shall not relieve the CONTRACTOR from his responsibility for any deviations from the St. Lucie County Engineering Division 00700 - 13 Project #04-034 6.28 6.29 6.30 6.31 6.32 requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER'S attention to such deviation at the time of submission and the ENGINEER has given written approval to the specific deviation, nor shall any review by the ENGINEER relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings. Site Cleaning Up: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of and final payment for the Project by the OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property; shall clean his portion of Work involved in any building under this Contract, so that no further cleaning by the OWNER is necessary prior to his occupancy; shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work; and shall leave the whole in a neat and presentable condition. Building Clean-up: Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials and rubbish. Upon completion of the Work he shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave his work "broom clean", or its equivalent, unless more exactly specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.29.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass. 6.29.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated work. 6.29.3 Remove all temporary protections and clean and polish floors. 6.29.4 Clean and polish all hardware for all trades; this shall include removal of all stains, dust, dirt, paint, etc. General: In case of dispute, the OWNER may remove the rubbish and charge the cost to the CONTRACTOR. Public Convenience and Safety: The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Wvrk si.ail be provided for in a satisfactory manner, consistent with the ope~z*,ien-znd- local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, Contractor shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and again as soon as it is opened. Approval from the Board of County Commissioners shall be coordinated through the office of the Director of the Public Works Department including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. Sanitary Provisions: The CONTRACTOR shall furnish necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work, whether or not in his employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. He shall commit no public nuisance. Temporary sanitary facilities shall be removed upon St. Lucie County Engineering Division 00700-14- Project #04-034 completion of the Work and the premises shall be left clean. 6.33 Indemnification: To the extent of the insurance requirements set forth in the Contract, the CONTRACTOR will indemnify and hold harmless the OWNER and the ENG1NEER and their agents and employees and interested third parties from and against all claims, damages, losses and expenses direct, indirect or consequential, including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself)including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 6.34 Claims: In any and all claims against the OWNER or the ENGINEER or any of their agents or employees, by any employee of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.3'3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any Subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. 6.35 Obligation: The obligations of the CONTRACTOR under paragraph 6.34 shall not extend to the liability of the Engineer's negligent acts, errors or omissions or those of his employees or agents. 6.36 Responsibility for Connecting to Existing Work: It shall be the express responsibility of the CONTRACTOR to connect his Work to each part of the existing work or work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.37 Work in Street, Highway and Other Rights-Of-Way: Excavation, grading, fill, storm · drainage, paving and any other construction or installations in rights-of-way of streets, highways, public carrier lines, utility lines (either aerial, surface Or subsurface), etc., shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR will be responsible for obtaining all permits necessary for the work. Upon completion of the Work, CONTRACTOR shall present to LP,'L~INEEK ce~ficates, in triplicate, from the proper authorities stating-tha~ ~he Wo, k'ha~--: been done in accordance with their requirements. 6.37.1 The OWNER will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.38 Cooperation with Governmental Departments, Public Utilities, Etc.: The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with Utility Owner's approval, if he so desires. The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of his Work, shall permit entrance of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this work. St. Lucie County Engineering Division 00700-15 Project #04-034 6.38.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties, in every way possible, so that the construction can be completed in the least possible time. 6.38.2 The CONTRACTOR shall have made himself familiar with all codes, laws, ordinances and regulations which in any manner affect those engaged in the Work, or materials and equipment used in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of his ignorance thereof. 6.39 Use of Premises: CONTRACTOR shall confine his apparatus, storage of materials, and operations of his workmen to limits indicated by law, ordinances, permits, and directions of the OWNER'S REPRESENTATIVE, and shall not unnecessarily encumber any part of the site. 6.39.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor shall he subject any part of the Work to stresses or pressures that will endanger it. 6.39.2 CONTRACTOR shall enforce the OWNER'S PROJECT MANAGER's instructions in connection with signs, advertisements, fires and smoking. 6.39.3 CONTRACTOR shall arrange and cooperate with OWNER in routing and parking of automobiles of his employees, Subcontractors and other personnel, and in routing material delivery trucks and other vehicles to the Project site. 6.40 Protection of Existing Property Improvements: Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereo0, trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the drawings, shall be restored to a condition equal, or better, to that existing at time of award of Contract. Such restoration or repair shall be at the sole expense of the Contractor, and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.41 Temporary Heat: The 'CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of permanent building ' cu~.,~h u~il,m, fu~ all coutracts against injury from dampness and c~old ,,.,,.ti!fin~! ~cept:~__-_¢e ~..- .... _---'--7-- .... of all work and materials for the Project, unless building is fully occupied by the OWNER prior to such acceptance, in which case the OWNER shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions, the permanent heating system shall not be used to provide temporary heat. CONTRACTOR'S proposed methods of heating shall be submitted for approval. St. Lucie County Engineering Division 00700-16 Project #04-034 7.0 Work By Others. 7.1 The OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. The CONTRACTOR will afford the other contractors who are parties to such direct contracts (or the OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs. 7.2 If any part of the CONTRACTOR'S work depends for proper execution or results upon the work of any such other CONTRACTOR (or the OWNER), the CONTRACTOR will promptly report to the OWNER'S REPRESENTATIVE in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. 7.3 The CONTRACTOR will do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly andfit it to receive or be received by such other work. The CONTRACTOR will not endanger any work of others by cutting, excavating or othe~vise altering their work and will only cut or alter their work with the written consent of the ENGINEER and of the other contractors whose work will be affected. If the performance of additional work by other contractors or the OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any such additional work. If the CONTRACTOR believes that the performance of such additional work by the OWNER or others involves him in additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12. Where practicable, the CONTRACTOR shall build around the work of other separate Contractors. Cooperation is required in the use of site facilities and in the detailed execution of the Work. The CONTRACTOR shall coordinate his operations with those of any other CONTRACTORS for the best interest of the Work in order to prevent delay in the execution thereof. The CONTRACTOR shall keep himself informed of the progress of the work of other Contractors. Should lack of progress or defective workmanship on the part of other Contractors interfere with his operations, the CONTRACTOR shall notify the OWNER'S REPRESENTATIVE immediately. Lack of such notice to the OWNER'S tc~t'~ESENTATIVE will be construed as acceptance by the. C©NTP~,C~@P,-~f~e - status of the work of other Contractors as being satisfactory for proper coordination of his own Work. CONTRACTOR shall give notices of the progress of his work so as to allow other contractors adequate opportunity to properly direct and coordinate their work. All such notices shall be submitted to the OWNER'S REPRESENTATIVE with copies to other Contractors on the Project Site sufficiently ahead of job progress to permit adequate time for the other Contractors to coordinate their work. 7.4 7.5 7.6 7.7 7.8 St. Lucie County Engineering Division 00700-17 Project #04-034 8.0 9.0 Owner's Responsibilities. 8.1 The OWNER will issue all communications to the CONTRACTOR through the ENGINEER, OWNER'S PROJECT MANAGER or OWNER'S REPRESENTATIVE (Project Manager). 8.2 In case of termination of the employment of the ENGINEER, the OWNER'S PROJECT MANAGER will appoint an engineer against whom the CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration, if mutually agreeable. 8.3 The OWNER will furnish the data required of him under the Contract Documents promptly and shall make payments to the CONTRACTOR promptly after they are due as provided in Article 14. 8.4 OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1, 4.4 and the Special Conditions. Paragraph 4.2 refers to ENGINEER'S identifying and making available to CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications. In connection with the OWNER'S right to stop Work or suspend Work, see paragraph 15.1. Paragraph 15.4 deals with the OWNER'S right to terminate services of the CONTRACTOR under certain circumstances. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall be entitled to such extra compensation or extension of time or both, except by prior agreement, as the ENGINEER may determine. See paragraph 14.11. oWNER'S responsibility in respect of certain inspections, tests and approvals is set forth in paragraphs 9.5, 9.6, and 13.3 through 13.8. 8.5 8.6 8.7 Engineer's Status During Construction. O.1 Owner's Representative: The ENGINEER (ifspeci_fically designated), or a spe¢ifice!!y designated employee of the OWNER, shall act as the DBQqEP~'S-RI~'RESENTATIVE - during the construction period. The duties and responsibilities and the limitations of authority of the ENGINEER as one of the OWNER'S REPRESENTATIVES during construction are set forth in Articles 1 through 17 of these General Conditions and shall not be extended without written consent of the OWNER'S PROJECT MANAGER and the ENGINEER. 9.1.1 The ENGINEER's decision with the consent of the OWNER'S PROJECT MANAGER in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in the Contract or elsewhere in the Contract Documents, all claims, counter-claims, disputes and other matters in question between the OWNER and the Contractor arising out of or relating to the Contract or the breach thereof (rill be decided in a court of competent jurisdiction with the State in which the OWNER is located. St. Lucie County Engineering Division 00700-18 Project #04-034 9.2 9.3 9.4 9.5 9.6 Visits to Site: The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make continuous on-site observations to check the quality or quantity of the Work. His efforts will be directed toward ascertaining on behalf of the OWNER that the completed Project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional, he will keep the OWNER informed of the progress of the Work and will endeavor to guard the OWNER against defects and deficiencies in the Work. Clarifications and Interpretations: The ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR believes that a written clarification and interpretation entitles him to an increase in the Contract Price or extension of Contract Time, he may make a claim therefore as provided in Articles 11 and 12. Measurement of Quantities: All Work completed under the Contract will be measured by the ENGINEER'S or OWNER'S REPRESENTATIVE or PROJECT REPRESENTATIVE according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defective Work: The ENGINEER, OWNER'S REPRESENTATIVE or PROJECT REPRESENTATIVE will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final acceptance). They will also have authority to require special inspection or testing of the Work as they may individually or severally deem necessary, whether or not the Work is fabricated, installed or completed. Correction of Defective Work: Upon Presentation of a Defective Work Notice to the Contractor's Representative from the OWNER'S REPRESENTATIVE, the contractor shall have fourteen days to begin corrective action and repairs. If the Contractor believes that the necessary corrective action should not begin at the end of that fourteen day period, he shall submit to the OWNER'S PROJECT MANAGER, with a copy to the OWNER'S ENGINEER, a schedule for review with an exP|m-,fi.t~uil-roi not woaithig to c0m-ply Witl~ ...... the fourteen day requirement. The OWNER'S PROJECT MANAGER shall determine if the Contractor's request is valid, and shall reply to the Contractor. If the Contractor refuses to comply with the fourteen day requirement (or an agreed upon schedule), the OWNER has the right to do either (or more) of the following: The OWNER has the right to correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due the CONTRACTOR, or The OWNER will hold back final payment due CONTRACTOR until such time as the work is completed to the satisfaction of the OWNER'S PROJECT MANAGER and in compliance with the County's specifications. The OWNER'S PROJECT MANAGER shall have the sole discretion to determine if the work is satisfactory and in compliance with specifications. St. Lucie County Engineering Division 00700-19 Project #04-034 10.0 The remedies contained herein are not exclusive and the OWNER reserves the right to 9.7 9.8 9.9 pursue any and all other remedies it deems applicable. Shop Drawings: In connection with the ENGINEER's responsibility as to Shop Drawings and samples, see paragraphs 6.22 through 6.27, inclusive. Change Orders: In connection with the ENGINEER's responsibility for Change Orders, see Articles 10, 11 and 12. Payments: In connection with the ENGINEER'S responsibilities in respect to Application for Payment, etc., see Article 14. 10.5 Change in the Work. 10.1 Without invalidating the Contract, the OWNER'S PROJECT MANAGER may, at any time or from time to time, order additions, deletions or revisions in the Work. Upon request of the OWNER'S PROJECT MANAGER, or at the request of the ENGINEER with the concurrence of the OWNER'S PROJECT MANAGER, the ENGINEER shall issue a Request for Proposal to the CONTRACTOR detailing the proposed additions, deletions or revisions to the Work. The CONTRACTOR shall provide a binding proposal to the ENGINEER for the items requested. This proposal shall include any increases or decreases in Contract Time or Contract Price and shall include any additional modifications required by virtue of the requested change, whether or not such additional modifications were specifically identified in the Request for Proposal. The ENGINEER shall review the Proposal and submit it together with his comments to the OWNER'S PROJECT MANAGER. The OWNER'S PROJECT MANAGER shall then instruct the ENGINEER to 1) modify the Request for Proposal, or 2) instruct the ENGINEER to withdraw the Request for Proposal, or 3) arrange for a Change Order to be issued, in accordance with the provisions of Articles 10 and 11 of these General Conditions, covering the additions, deletions or revisions covered by the Proposal. 10.2 The ENGINEER with the OWNER'S PROJECT MANAGER's approval may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the CONTRACTOR believes that any minor change or alterations authorized by the ENGINEER entitles him to an increase in the Contract Price or extension of Contract Time, he shall treat the Field Order as a Request for Proposal and issue a Proposal for the changes in Contract Price and Contract Time prior to proceeding with the Work covered in the Field Order. The procedures outlin:~ ;.n Fara-graF~ 4~0.4akall th6n be followed. - Acceptance of the Final Payment by the CONTRACTOR shall constitute acknowledgment by the CONTRACTOR that all payments due for modifications required under Field Orders have been incorporated into the Final Payment. 10.3 Additional Work performed by the CONTRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21. 10.4 The OWNER will execute appropriate Change Orders prepared by the ENGINEER covering changes in the Work to be performed as provided in paragraphs 10.1 and 10.2, and Work performed in an emergency as provided in paragraph 6.21. It is the CONTRACTOR'S responsibility to notify his surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable bonds shall be adjusted accordingly. The CONTRACTOR will furnish proof of such adjustment to the OWNER. St. Lucie County Engineering Division 00700-20 Project #04-034 11.0 Change of Contract Price. 11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at his expense without changing the Contract Price. 11.2 (a)The OWNER'S PROJECT MANAGER may, at any time, without notice to the sureties, by Field Order pursuant tO a Proposal from the Contractor or by properly executed Change Order, make any change in the Work within the general scope of the contract, including but not limited to changes: 11.2.1 in the specifications (including drawings and designs); 11.2.2 in the method or manner of performance of the work; 11.2.3 in the Owner-furnished facilities, equipment, materials, services or site; or 11.2.4 directing acceleration in the performance of the work. Any other written order or an oral order (which terms as used in this paragraph shall include direction, instruction, interpretation or determination) from the OWNER'S PROJECT MANAGER, which causes any such change shall be treated as a Field Order under this clause, provided that the CONTRACTOR shall follow the procedures outlined in paragraph 10.2. Except as herein provided, no order, statement, or conduct of the OWNER shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. If any change under this clause causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly: Provided, however, that except for the claims based on defective specifications, no claim for any Change Order under paragraph 11.2(b) above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR gives written notice as therein required: And provided further, that in the case of defective specifications for which the OWNER is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted at~er final payment un0~.¢;e co'tr.a<t. ......... 11.3 Change Orders involving a decrease in Contract Price or an increase in Contract Price of less than $25,000.00 may be executed by the County Administrator, provided that the total Contract Price including all increases and decreases does not exceed the project budget previously approved by the Board of County Commissioners of St. Lucie County. Change Orders involving a change in Contract Price, of more than $25,000.00 shall be executed by the Board of County Commissioners of St. Lucie County. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. Should the quantity of Work be significantly increased or decreased from that stipulated in the Contract Documents, the OWNER'S PROJECT MANAGER or the CONTRACTOR may request adjustment of the unit price(s) by negotiation. 11.3.2 By negotiated lump sum. St. Lucie County Engineering Division Project #04-034 00700-21 11.4 11.3.3 The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work plus a fixed amount to be agreed upon, but not to exceed 15% of the other costs, to cover administrative costs and profit. The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER'S PROJECT MANAGER such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing work a~er regular working hours on Sunday or legal holidays shall be included in the above to the extent authorized by the OWNER'S PROJECT MANAGER. 11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. 11.4.3 11.4.4 11.4.5 All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by the OWNER'S PROJECT MANAGER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliwer.~,..o~2~ _ni~.s~e~the O~3.rb..~ER'S PROJECT MANAGER who will then determine with the advice of ENGINEER, which Bids will be accepted. Ifa subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work Plus a Fee, the Cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. Supplemental costs including the following: 11.4.5.1 The proportion of necessary transportation, traveling and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. 11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the St. Lucie County Engineering Division Project//04-034 00700-22 11.5 performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by the OWNER'S PROJECT MANAGER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof- All in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.4.5.5 Deposits lost for causes other than CONTRACTOR'S negligence, royalty payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the OWNER'S PROJECT MANAGER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose' of determining CONTRACTOR'S Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.8 Cost of premiums for additional Bonds and Insurance be required because of changes in the Work. The term Cost of the=Wot& shE!! ~ot.inc !ude andy ~f the following: 11.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineer, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, Clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4. t - all of which are to be considered administrative costs covered by the CONTRACTOR'S Fee. Expenses of CONTRACTOR'S principal and branch offices other than his office at the site. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.2 11.5.3 St. Lucie County Engineering Division 00700-23 Project #04-034 11.6 11.7 11.8 11.9 11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in subparagraph 11.4.5.8). 11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. The CONTRACTOR'S Fee which shall be allowed to CONTRACTOR for his administrative expenses, general overhead and profit shall be determined as follows: 11.6.1 A mutually acceptable firm fixed price; or if none can be agreed upon, 11.6.2 A mutually acceptable fixed fee based on the estimate of the various portions of the Cost of the Work. 11.6.3 In no case shall the CONTRACTOR'S Fee exceed 15% of the cost of the additional work being performed. The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both additions and credits. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form prescribed by ENGINEER an itemized cost breakdown together with supporting data. Allowances: It is understood that the CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limit of the allowances as the ENGINEER may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. The CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. 11.9.1 These,~!lav,:ar, t~:~ ~ha!-!-cc~.;'cr t~c,-cc, at to the CONTRACTOR, less any applicable trade discount, of the materials and equipment required by the allowance ' delivered at the site, and all applicable taxes. 11.9.2 The CONTRACTOR'S costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contract Price and not in the allowance. 11.9.3 Whenever the cost, as described in 11.9.1 above, is more than or less than the allowance, the Contract Price shall be adjusted accordingly by Change Order. The amount of the Change Order will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expenses, except that whenever unit price allowances are stipulated for brick, the Change Order will not include any cost as described in 11.5 above. St. Lucie County Engineering Division 00700-24 Project #04-034 12.0 Delays 12.1 12.2 12.3 12.4 12.5 and Extension of Time. All time limits stated in the Contract Documents are of the essence of the Contract. As the CONTRACTOR'S only remedy for delay, the OWNER may grant an extension of the contract time, when a controlling item of work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the ENGINEER. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a seven (7) day week. The right is reserved by the OWNER to have other work performed by other contractors and to permit public utility companies and others to do work during the construction, and within the limits of, or adjacent to the project. The CONTRACTOR shall conduct his operations and cooperate with such other parties so that interference with such other work will be reduced to a minimum. Should a difference of opinion arise as to the rights of the CONTRACTOR and others working within the limits of, or adjacent to the project, the ENGINEER will decide as to the relative priority of all concerned. All authorized extensions of time shall be done by Change Order. 13.0 Guaranty: Tests and Inspection. 13.1 Guaranty: The CONTRACTOR shall guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date when final payment becomes due. The CONTRACTOR warrants and guarantees for a period of one (l) year from the date when final payment becomes due that the completed system is free from all defects due to faulty materials or workmanship and the CONTRACTOR shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The OWNER'S PROJECT MANAGER will give notice of observed defects with reasonable promptness. In the ev~-opX.tb_a[ t. he CO~T~R_ACT_©R ~huuld ?ail iu.make such repairs, adjustments, or the Work that may be made necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost thereby incurred. The Public Construction BOND shall remain in full force and effect through the guarantee period. Express warranties are set forth in the Special Conditions, or in the Technical Specifications. 13.2 Access to Work: ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 Tests and Inspections: Other than as provided for in paragraph 13.5, OWNER shall pay for all tests, except that any test not meeting specification requirements shall be charged to the CONTRACTOR and deducted from any monies due him. 13.3.1 An independent Testing Laboratory shall be selected by the OWNER to provide testing services as directed by the ENGINEER. All inspections, tests or approvals required by Laws or Regulations of any authority having jurisdiction shall be performed by organizations acceptable to those authorities having jurisdiction. St. Lucie County Engineering Division 00700-25 Project #04-034 13.4 13.5 13.6 13.7 13.8 13.3.2 The Testing Laboratory shall mail copies of all test reports independently to the OWNER, ENGINEER, and the CONTRACTOR. CONTRACTOR shall give ENGINEER and the OWNER'S PROJECT MANAGER timely notice of readiness of the Work for all required inspections, tests or approvals. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved independently of the requirements of the OWNER, ENGINEER, and the Contract Documents, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER and the OWNER'S PROJECT MANAGER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the OWNER'S PROJECT MANAGER'S or ENGINEER's acceptance of a Supplier or materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof, for incorporation in the Work. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Project Representative, it must, if requested by the OWNER'S PROJECT MANAGER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense. Neither observations by ENGINEER nor inspections, tests or approvals by others, including the Project Representative, OWNER'S REPRESENTATWE or OWNER'S PROJECT MANAGER, shall relieve CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. County's Project Representative (Inspector): A County Project Representative will be assigned to all projects. 13.8.1 The Project Representative shall inspect all construction and materials, and shall inspect preparation, fabrication or manufacture of components, and materials and supplies. 13.8.2 The Project Representative is not authorized to revoke, alter or waive any requirements of the specifications, but is authorized and expected to call to the attention of Engineer and/or Contractor any failure of work or materials to conform to the Drawings and Specifications. Inspectors shall have no authority to permit deviation from or to modify any of the provisions of the Drawings or Specification~ ~itho~ir3~i.$xrrjyr~n. pem~_5~ssion-or instruction of the Owner with the concurrence of the Engineer, or to delay the Contractor by failure to observe the materials and work with reasonable prOmptness. The Project Representative shall have the authority to reject materials or suspend the work until questions of issue can be resolved to the County's satisfaction. The Project Representative shall in no case act as foreman, give advice or perform other duties for the Contractor nor interfere with the management of the work. 13.8.3 13.8.4 14.0 Payments and Completions. 14.1 Payment to Contractor: At least twenty (20) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of equipment not incorporated in the Work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied St. Lucie County Engineering Division 00700-26 Project/t04-034 14.2 14.3 14.4 by such supporting data, satisfactory to the OWNER'S PROJECT MANAGER. The ENGINEER will either indicate in writing his approval of payment and present the partial payment estimate to the OWNER'S PROJECT MANAGER, or return the partial payment estimate to the CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and . resubmit the partial payment estimate. The OWNER will within twenty (20) days of presentation to him of an approved partial payment estimate, pay the CONTRACTOR progress payment on the basis of the approved partial payment estimate. The OWNER may retain a portion of the amount otherwise due the CONTRACTOR. Except as State law otherwise provides, the amount the OWNER will retain shall be 10 percent of the payment claimed until work is 100 percent complete with the following possible exception. The Contractor may request a reduction in retainage when the Work is near completion (approximately 90 percent). Retainage may, at the OWNER'S PROJECT MANAGER's sole discretion, be reduced to any amount approved by the OWNER'S PROJECT MANAGER. Each request for a partial payment shall be submitted on an Application for Payment Form which shall be accompanied by an executed copy of the Certification of CONTRACTOR. The OWNER'S PROJECT MANAGER will provide the forms. Contractor's Warr.anty of Title: The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to the OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interests and 'encumbrances (hereafter in these General Conditions referred to as "Liens"); and that no work or equipment covered by an Application for Payment will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or furnishing equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. Approval of Payments: The ENGINEER'S approval of any payment requested in an Application for Payment shall constitute a representation by him to the OWNER, based on the ENGINEER'S on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the supporting data, that the Work has progressed to the point indicated; that, to the best of his knowledge,in form ~ti, ,, ,_.~,,, ;~i ,~3 ;~' C~ :hr, luaiity .o£ the Work-is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment the ENG1NEER shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, and procedures of construction or that he has made any examination to ascertain how or for what purpose the CONTRACTOR has used the money paid or to be paid to him on account of the Contract Price, or that title to any Work or equipment has passed to the OWNER free and clear of any Liens. The CONTRACTOR shall make the following certification on each request for payment: "I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work or that all equipment included in this request for payment and not yet incorporated into the construction are now on the site or stored at an St. Lucie County Engineering Division 00700-27 Project #04-034 14.10 approved location; and payment received from the last request for payment has been used to make payments to all first tier subcontractors and suppliers except as listed below." 14.5 The ENGINEER's approval of final payment shall constitute an additional representation by him to the OWNER that the conditions precedent to the CONTRACTOR's being entitled to final payment as set forth in paragraph 14.11 have been fulfilled. 14.6 The ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, he is unable to make such representations to the OWNER. He may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspection or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the OWNER from loss because: 14.6.1 The Work is defective, or complete Work has been damaged requiring correction or replacement, 14.6.2 The Work for which payment is requested cannot be verified, 14.6.3 Claims or Liens have been filed or there is reasonable evidence indicating the probable filing thereof, 14.6.4 The Contract Price has been reduced because of Modifications, 14.6.5 The OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 9.6, 14.6.6 Of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.28, 6.29 and 6.30, 14.6.7 Of persistent failure to cooperate with other Contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 Of liquidated damages payable by the CONTRACTOR, or 14.6.9 Of any other violation of, or failure to comply with, the provisions of the Contract Documents. 14.7 Prior to Substantial Completion, the OWNER, with the approval of the ENGINEER and with the concurrence of the CONTRACTOR, may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of'the Work. 14.8 The OWNER shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restor~tion_v~ ~".-y- -~.~aged-~.,~r?.'~xcePt'SuCh as may be caused by agent or employees of the OWNER. 14.9 Upon completion and acceptance of the Work the ENGINEER shall issue a certificate attached to the final payment request that the Work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the Work. The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnisher's of machines and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the Work. The CONTRACTOR shall, at the OWNER'S PROJECT MANAGER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the St. Lucie County Engineering Division 00700-28 Project #04-034 CONTRACTOR'S pay from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the Contract Documents by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. 14.11 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 of 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 Public Construction Bond and Payment Bonds. 15.0 Suspension of Work and Termination. 15.1 Owner May ~;uspend Work: The OWNER'S PROJECT MANAGER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to the CONTRACTOR and the ENGINEER which shall fix the date on which Work shall be resumed. The CONTRACTOR will resume the Work on the date so fixed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12. 15.2 Owner May Stop Work: The OWNER or his REPRESENTATIVE may stop the Work or any portion thereof when it has been determined that the Contractor is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition. A verbal Stop Work order will be confirmed in - v.:riting. T:.~OF.,~,i'-'_~_,vZ~¥.,R wiil not .be ailewed an increase in the contract price or an extension of the Contract time during the Stop Work period. A Start Work order may be verbal and will be confirmed in writing. 15.3 Work During Inclement Weather: No work shall be done under these Specifications except by permission of the OWNER'S PROJECT MANAGER when the weather is unfit for good and careful work to be performed. Should the severity of the weather continue, the CONTRACTOR, upon the direction of the OWNER'S PROJECT MANAGER, shall suspend all work until instructed to resume operations by the OWNER'S PROJECT MANAGER and the CONTRACT Time shall be extended to cover the duration of the order. Work damaged during periods of suspension due to inclement weather shall be repaired and/or replaced by the CONTRACTOR. Any compensation for repairs or replacements shall be subject to approval of the OWNER'S PROJECT MANAGER. Owner May Terminate: If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or ifa trustee or receiver is appointed for the CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, 15.4 St. Lucie County Engineering Division 00700-29 Project #04-034 or if he fails to supply sufficient skilled workmen or suitable materials or equipment, or if he fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the ENGINEER, or if he otherwise violates any provision of the CONTRACT Documents, then the OWNER may, without prejudice to any other right or remedy and after giving the CONTRACTOR and his surety seven days' written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR or the Surety will pay the difference to the OWNER. Such costs incurred by the OWNER will be determined by the ENGINEER and incorporated in a Change Order. 15.5 Where the CONTRACTOR'S services have been so terminated by the OWNER, said terminations shall not affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR will not release the CONTRACTOR from liability. 15.6 Upon seven days written notice to the CONTRACTOR and the ENGINEER, the OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit. 15.7 Removal of Equipment: In the case of termination of this Contract before completion, for any cause whatever, the CONTRACTOR, if notified to do so by the OWNER'S PROJECT MANAGER, shall promptly remove any part or all of this equipment and supplies from the property of the OWNER. Should the CONTRACTOR not remove such equipment and supplies; the OWNER shall have the right to remove them at the expense of the CONTRACTOR.-l~quipment and supplies shall not be construed to include such · items for which the CONTRACTOR has been paid in whole or in part. 15.8 Contractor May Stop Work or Terminate: If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety days by the · ©".~.~E~,' ~r~under-'an order' of court or other public authority as a result of actions by others not under the control of the CONTRACTOR, or the ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the ENGINEER or awarded by arbitrators within thirty days of its approval and presentation, then the CONTRACTOR may, upon seven days written notice to the OWNER'S PROJECT MANAGER and the ENGINEER, terminate the Contract and recover from the OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Contract, if the ENGINEER has failed to act on an Application for Payment or the OWNER has failed to make any payment as aforesaid, the CONTRACTOR may upon twenty one days notice to the OWNER'S PROJECT MANAGER and the ENGINEER stop the Work until he has been paid all amounts then due. 15.9 Owner Furnished Equipment: In case the OWNER furnishes equipment to the CONTRACTOR to install, but fails to deliver it to the CONTRACTOR as required by SPECIAL CONDITIONS, and in case such failure causes the CONTRACTOR additional St, Lucie County Engineering Division 00700-30 Project #04-034 16.0 17.0 15.10 expense or need for extension of time, the CONTRACTOR may make such claims upon the OWNER and obtain adjustments as provided herein. Liquidated Damages: If the CONTRACTOR shall fail to complete the work within the contract time, or extension of time granted by the OWNER, then the CONTRACTOR will pay to the OWNER the amount for liquidated damages as specified in the Contract for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the Contract Documents. Miscellaneous. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall 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 him who gives the notice. 16.2 All Specifications, Drawings and copies thereof furnished by the ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Contract, shall be returned to him on request upon completion of the Project. 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR and those in the Special Conditions and the rights and remedies available to them which are otherwise imposed or available by law, by special guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Contract. Should the OWNER or the CONTRACTOR suffer injury or 'damage to its person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The Contract Documents shall be governed by the law of the State of Florida. Defnre tho ~}:o~tractor. disposes of any existing improvements or equipment which are to be removed as a portion of the work, and for which disposition is not specifically provided for elsewhere in these Specifications, he will contact the Owner and determine if the removal items are to be salvaged. Items to be salvaged by the OWNER will be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the Owner. Equipment and materials which will not be salvaged by the Owner shall become the property of the Contractor to be removed from the site and disposed of in an acceptable manner. 16.4 16.5 Public Entity Crimes. Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair ora building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract St. Lucie County Engineering Division 00700-31 Project #04-034 1.0 2.0 3.0 4.0 SECTION 00800 SPECIAL CONDITIONS Scope. The Project consists of Indian River Drive- North Project, associated appurtenances, and other related work. Work Schedules and Overtime. 'The Contractor will be permitted to work twenty-four hours a day, seven days a week. Modifications to the General Conditions, Section 00700. Whenever the term ENGINEER is used it shall be construed to refer to: St. Lucie County Engineering Division 2300 Virginia Avenue Ft. Pierce, FL 34982 Telephone: ( 772 ) 462 - 1707 The Owner's Project Manager for this project shall be: Michael Powle¥, P.E. 2300 Virginia Avenue Ft. Pierce, FL 34982 Telephone: ( 772 ) 462 - 1667 Responsibility of Contractor. The contractor shall be responsible to maintain the construction site, detour route, and sufficient advance warning signs, lights, etc., to provide a safe work area arid detour. The specification and plans intended to provide a minimum requirement. The contractor shall evaluate the entire area and may choose to place additional traffic control devices. St. Lucie County Engineering Division 00800-1 Project #04-034 .. SECTION 00900 TECHNICAL SPECIFICATIONS Article 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 Description Liquidated Damages D.O.T Specifications Scope of Work Soil Conditions Measurement and Basis of Payment Utilities Testing Protection of Land Resources Water Resources Fish and Wildlife Resources Page 00900-2 00900-2 00900-2 00900-2 00900-2 00900-2 00900-3 00900-3 00900-3 00900-4 Erosion and Sediment Control Measures 00900-4 Environmental Protection Control and Disposal of Waste Dust Control Maintenance of Traffic 00900-5 00900-5 00900-5 00900-6 St. Lucie County Engineering Division 009O0-1 Project #04-034 1.0 2.0 3.0 4.0 5.0 6.0 Liquidated Damages. It is mutually agreed between the parties hereto that time is of the essence of this contract; and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the First Party may retain the sum of 5;3,730.00 per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the First Party will have sustained in event of such default by the Second Party. D.O.T. Specifications. All work shall conform to the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction" (2004 edition), unless stated otherwise in these specifications. Any reference in the "DOT Specifications" to the Engineer or Department shall mean the Engineer on this project. Specific references are made to certain portions of the '~DOT Specifications" in these specifications to facilitate the Contractor. Any reference to "FDOT Standard Indexes" shall mean the FDOT Roadway and Traffic Design Standards (January, 2004 edition). Scope of Work. Shall be as shown on plans. Soil Conditions. The Contractor shall make such examination of the site of the work as may be necessary to inform himself of the soil conditions under which the work is to be performed. The Engineer has made a preliminary investigation of the soils below bottom of compacted subgrade. His investigation indicates such soils are satisfactory if left undisturbed, except for areas requiring removal and replacement by the plans. In the event that other unsatisfactory soils are encountered, such soils shall be removed and replaced with approved material by the Contractor, subsequent to the issuance of the Change Order. Measurement and Basis of Payment. Measurements for progress payments shall be made by the Contractor. Such measurements are subject :,~ i. he Engineer's review and correction. Measurements for progress payments shaii be made on place quantities. Requests for partial payment for materials on order, in warehouse or yard, or stockpiled on the project site will not be accepted. Measurements for final payment shall be in accordance with "DOT Specifications" unless noted otherwise herein. Utilities. The Contractor shall be required to coordinate all work when necessary with the various utility companies in order that utility service may be maintained. The Contractor shall exercise due caution when working adjacent to such utilities. Any damage to the utilities resulting from the Contractor's operations shall be repaired at his expense. The Engineer has reflected on the plans those utilities he is aware of. The locations shown are approximate only. Any work involving conflict with utility companies shall be coordinated with them at the pre-construction conference. St. Lucie County Engineering Division 00900-2 Project #04-034 7.0 Testing. 7.1 Description: Testing shall be at the expense of the Owner, except that any test not meeting specification requirements shall be charged to the Contractor and deducted from any moneys due him. An Independent Testing Laboratory shall be selected by the Owner to provide testing services as directed by the Engineer. The testing laboratory shall mail a copy of all test reports directly to the contractor. Test reports shall include the following data: I. Project Name 7. Date of Testing 2. Engineer's Project No. 8. Technician Testing 3. Owner's Name 9. Test Results 4. Contractor's Name 10. Specification Requirements 5. Date of Sampling 11. Whether or not test meets specification requirements 6. Technician Sampling 12. Signature of Supervising Professional Engineer 7.2 7.3 7,4 · The Contractor shall notify the Engineer when he has portions of the work ready for testing. Testing Requirements for Asphaltic Concrete (Type S-I, S-III and ABC-3): Mix Formula: Testing Lab shall perform the following: 7.2.1 Contractor's Proposed Material Stock Piles shall be sampled and sieve analysis run on aggregates. 7.2.2 Sieve Analysis shall be compared with Mix Formula. 7.2.3 Proposed Mix Formula shall be evaluated with respect to Section 331-4 of the "DOT Specifications" and recommended mix design practice, per the Asphaltic Institute. Tests: One Sieve Analysis and Extraction Test shall be made for each half day laying operation, unless changed by the Engineer. Samples shall be taken from truck on job, and delivered to the testing laboratory by the Engineer that same day, when practical. Nuclear Density Test: Nuclear Method Density Control as per sub article 330-11.3 and 330-11.3.1 of the FDOT Standard Specifications. 8.0 Protection of Land Resources. 8.1 Description: It is intended that the natural resources outside the limits of permanent work performed under this contract be preserved in their existing c°~n0~ti.op or--Oe-r~store~ to_~_h__..i equivalent or improved condition upon completion of the work. The Contractor shall confine his construction activities to areas defined by the plans, specifications and in the South Florida Water Management District permit (if applicable). 8.2 Method of Measurement and Basis of Payment: All materials, labor and equipment needed to prosecute the work required by this Specification shall be carried out by the Contractor as incidental to the bid price of the various bid items of this Contract, with no additional cost to be incurred by the Owner. 9.0 Water Resources. 9.1 Description: The Contractor shall not discharge or permit discharge into the waters of lakes, rivers, canals, waterways and ditches, any fuels, oils, bitumens, garbage, sewage, or other materials which may be harmful to fish, wildlife, or vegetation, or that may be detrimental to outdoor recreation. The Contractor shall be responsible for investigating and complying with all applicable Federal, State and local laws and regulations governing pollution of waters. All work under this contract shall be performed in such a manner that objectionable conditions St. Lucie County Engineering Division Project #04-034 00900-3 9.2 9.3 9.4 9.5 will not be created in waters through or adjacent to the project areas. Ifa violation is noted during dredging, all dredging shall cease until the condition is corrected, at no additional cost to the Owner. Turbidity: The Contractor shall exercise extreme care to minimize degradation of water quality at the site. All necessary provisions shall be taken to ensure compliance with the water quality standards of the State of Florida. Attention is called to Chapter 17-3, Florida Administrative Code. Adequate silt containment procedures and equipment shall be used as necessary to control turbidity within State standards. Water Quality Measurements: When required by any Government agency, the Contractor shall make water quality measurements and submit results to Agency and Engineer, in addition to those required herein, at no cost to the Owner to assure construction operations are in compliance with the Standards of 17-3, F.A.C. All water quality measurements shall conform to the test methods specified in Chapter 40, Part 136 of the Code of Federal Regulations. Disposal: Disposal of any materials, wastes, effluents, trash, garbage, oil, grease and chemicals, in areas adjacent to waters shall be subject to the approval of the Engineer. If any waste material is dumped in unauthorized areas, the Contractor shall remove the material and restore the area to the condition of the adjacent undisturbed area. If necessary, contaminated ground shall be excavated, disposed of as directed by the Engineer and replaced with suitable fill materials, compacted and finished with topsoil, alt at the expense of the Contractor. Method of Measurement and Basis of Payment: All materials, labor and equipment needed to prosecute the work required by this Specification shall be carried out by the Contractor as incidental to the bid price of the various bid items of this Contract, with no additional cost to be incurred by the Owner. 10.0 Fish and Wildlife Resources. 10.1 Description: The Contractor shall at all times perform all work and take such steps required to prevent any interference or disturbance to fish and wildlife. The Contractor shall not be permitted to alter water flows or otherwise significantly disturb native habitat adjacent to the project area which are critical to fish and wildlife except as may be indicated or specified. 10.2 Method of Measurement and Basis of Payment: All materials, labor and equipment needed to prosecute the work required by this Specification shall be carried out by the Contractor as incidental to the bid price of the various bid items of this Contract, with no additional cost to be incurred by the Owner · Erosion and Sediment Control Measures. 11.1 Reduction of Exposure of Unprotected Erodible Soils: Earthwork brought to final grade shall immediately be finished as indicated and specified. All earthwork shall be planned and conducted in such a manner as to minimize the duration of exposure of unprotected soils. Protection to erosion shall be furnished by grassing exposed slopes and unprotected soils. 11.2 Temporary Protection of Erodible Soils: Such methods as may be necessary shall be utilized on areas to effectively prevent erosion and control sedimentation. 11.3 11.4 Turbidity Control: The Contractor shall employ adequate silt containment equipment and/or procedures during construction activities to control turbidity within the limits required by local, State or Federal law and/or permit requirements. Method of Measurement and Basis of Payment: When separate items for Temporary Erosion control are included in this Contract, the quantities to be paid under this Section will be for at the contract Unit Bid price for the specific Item. St. Lucie County Engineering Division Project #04-034 00900-4 12.0 13.0 14.0 When other items for temporary erosion control are needed, but no provision has been made for separate items in this Contract, all materials, labor and equipment needed to prosecute the work required by this Specification shall be carried out by the Contractor as incidental to the bid price of the various bid items of this Contract, with no additional cost to be incurred by the Owner. Environmental Protection. 12.1 Description: In order to prevent and to provide for abatement and control of any environmental pollution arising from the work of the Contractor and his Subcontractors in the performance of this Contract, the Contractor shall comply with all applicable Federal, State and Local laws and regulations concerning environmental pollution control and abatement, and alt applicable provisions of the Army Corps of Engineers manual, EM 385-1-1, entitled General Safety Requirements, in effect on the date of the work, as well as the specifications, including the Corps of Engineers and South Florida Water Management District permits, if applicable to this project. See attached copies of applicable permits in Section 00800, SPECIAL CONDITIONS. 12.2 The Contractor shall provide and maintain environmental protection during the term of the Contract. Environmental protection measures shall be provided to control pollution that develops during normal dredging and/or excavation practices. The Contractor's operations shall comply with all Federal, State, and Local regulations pertaining to water, air, solid waste and noise pollution. Compliance with the provisions of this Section by Subcontractors shall be the responsibility of the Contractor. Method of Measurement and Basis of Payment: All materials, labor and equipment needed to prosecute the work required by this Specification shall be carried out by the Contractor as incidental to the bid price of the various bid items of this Contract, with no additional cost to be incurred by the Owner. Control and Disposal of Waste. 13.1 General: Wastes shall be picked up and placed in containers which are emptied on a regular schedule. All handling and disposal shall be so conducted as to prevent contamination of the site and any other areas. On completion, the areas shall be left clean and natural looking. All signs of temporary construction and activities incidental to construction of the required permanent work in place shall be obliterated..__ ..... · .... 13.2 Disposal of Rubbish and Debris: Contractor shall transport all waste off of Owner's property and dispose of it in a manner'that complies with federal, state and local requirements. 13.3 Method of Measurement and Basis of Payment: All materials, labor and equiPment needed to prosecute the work required by this Specification shall be carried out by the Contractor as incidental to the bid price of the various bid items of this Contract, with no additional cost to be incurred by the Owner. Dust Control. 14.1 General: Dust shall be kept down at all times, including nonworking hours, weekends and holidays. Soil at the site and other areas disturbed by the Contractor's operations shall be sprinkled or treated with dust suppressor as necessary to control dust. Blowing will be permitted only for cleaning off nonparticulate debris, such as reinforcing bars. No sandblasting will be permitted unless the dust therefrom is confined, except in areas approved by the Owner. St. Lucie County Engineering Division 00900-5 Project//04-034 15.0 Maintenance of Traffic. The Contractor shall be responsible to control, protect and maintain traffic on the project at all times. At the pre-construction meeting, the Contractor shall submit a detailed "Maintenance of Traffic Plan." This plan shall include a map of any proposed detour, approval of any state or city agency owning or maintaining roads to be utilized as a detour route, list of all warning, detour, and other traffic control signs, details of sign and barricade installation, a schedule of installation and removal of signs and barricades, and any other information necessary for the safe flow of traffic around and through the project site, in accordance with this article and the FDOT Standard Specifications. Traffic control devices shall be installed by the Contractor on all approaches to the project and along all detours, as approved on the "Maintenance of Traffic Plan." No work may commence that interferes with the flow of traffic without complete installation of the required traffic control devices. Maintenance of devices and barriers will be enforced on this project. In addition, devices which are brought onto the project which are not in conformity to the aforementioned Maintenance of Traffic Plan and the Standard Specifications, or are damaged or defaced, will be rejected by the Engineer and shall be replaced by the Contractor at no additional cost to the County. The Contractor shall, at all times, conduct the work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. The Contractor shall provide access to driveways at all times. St. Lucie County Engineering Division OO9OO-6 Project #04-034