project manual itb-cd-cme-16-01 multi use path phase 6...

PROJECT MANUAL

ITB-CD-CME-16-01

Multi Use Path Phase 6 Seminole Woods Blvd.

Financial Project ID: 428536-1-58-01

Financial Aid Number: 8886-674-A

Qualifications Due Date/Time: T.B.D.

Non-Mandatory Pre-Bid Conference: T.B.D.

Due Date/Time: T.B.D. (Qualifications due date + 30 days) at 2:00pm

Please be advised that if you download the following Invitation to Bid we ask that you complete the online Plan Holders form. Vendors are responsible for determining whether any addenda have been issued. All addenda will be posted on the City’s website: palmcoastgov.com/government/purchasing. The acknowledgement page of all addenda must be submitted with the Proposal. Please see the “Required

Submittals Packet”, which is posted on the City’s website under this solicitation, for instructions. Confidential Materials: Any materials that qualify as “trade secrets” shall be segregated and clearly labeled in order not to be considered Public Record. It is vital that Bidders adhere to the City’s bidding procedures as outlined in the bidding documents. If you have any questions, please contact Brian Rothwell or David Klages at 386-986-3730.

City of Palm Coast Purchasing & Contracts Management Division

160 Cypress Point Parkway, Suite B-106, Palm Coast, FL 32164 palmcoastgov.com/government/purchasing

TABLE OF CONTENTS

BIDDING DOCUMENTS, CONTRACT DOCUMENTS AND FORMS PAGE

Invitation To Bid ………………………………………………………………………… 00001-1 Engineer’s Certification …………………………………………………………………. 00005-1 Instructions to Bidders …………………………………………………………………... 00010-1 Qualification Forms ……………………………………………………………………... 00100-1 Bid Forms ……………………………………………………………………………….. 00200-1 Notice of No Bid ………………………………………………………………………… 00300-1 Draft Contract …………………………………………………………………………… 00500-1 Performance Bond ………………………………………………………………………. 00600-1 Payment Bond …………………………………………………………………………… 00610-1 Material and Workmanship Bond ……………………………………………………….. 00620-1 Contractor’s Insurance Requirements …………………………………………………… 00700-1 General Conditions ……………………………………………………………………… 00800-1 Notice to Award …………………………………………………………………………. 00841-1 Notice to Proceed ………………………………………………………………………... 00842-1 Change Order Form ……………………………………………………………………... 00843-1 Application and Certificate for Progress Payment ………………………………………. 00844-1 Certificate of Substantial Completion …………………………………………………… 00848-1 Certificate of Final Inspection & Completion …………………………………………... 00849-1 Contractor’s Waiver and Release of Lien upon Progress Payment …………………… 00850-1 Waiver and Release of Lien upon Final Payment ……………………………………….. 00851-1 Contractor’s Request For Information …………………………………………………... 00852-1 Work Change Directive …………………………………………………………………. 00854-1 Field Order ………………………………………………………………………………. 00855-1 Subcontractor/Vendor’s Waiver & Release of Lien Upon Final Payment………………. 00860-1 Consent of Surety to Final Payment …………………………………………………….. 00861-1 Check Out Form …………………………………………………………………………. 00865-1 Certificate of Completed Demonstration Form …………………………………………. 00866-1 Supplementary Conditions ………………………………………………………………. 00900-1 Additional Supplemental Terms and Conditions ………………………………………... 00901-1

DIVISION 1 – GENERAL REQUIREMENTS PAGE

Summary of Work ………………………………………………………………………… 01010-1 Measurement and Payment ………………………………………………………………...01025-1 Application for Payment …………………………………………………………………...01027-1 Field Engineering …………………………………………………………………………. 01050-1 Permits and Fees …………………………………………………………………………... 01065-1 Codes, References and Abbreviations …………………………………………………….. 01070-1 Special Project Procedures ………………………………………………………………... 01100-1 Administrative Requirements ……………………………………………………………... 01310-1 Quality Control ……………………………………………………………………………. 01400-1 Temporary Facilities and Controls ………………………………………………………... 01500-1 Erosion and Sedimentation Control ……………………………………………………….. 01568-1 Traffic Regulation ………………………………………………………………………… 01570-1 Material and Equipment …………………………………………………………………... 01600-1 Product Selection and Substitution Procedures …………………………………………… 01640-1 Start-Up …………………………………………………………………………………… 01650-1 Contract Closeout …………………………………………………………………………. 01700-1 Project Record Documents ………………………………………………………………... 01720-1 Operation and Maintenance Data …………………………………………………………. 01730-1 Warranties and Bonds …………………………………………………………………….. 01740-1 FDOT - SUPLIMENTAL - ATTACHMENTS:

Earthwork and Related Operations for LAP (Off System)…………………………………..120-1 Davis-Bacon Wages………………………………………………………………………….196-1 Hot Mix Asphalt for LAP (Off System)……………………………………………………...334-1 Concrete for LAP (Off System)……………………………………………………………....344-1 Landscape Installation for LAP (Off System)………………………………………………..580-1 Federal-Aid Contract Provisions…………………………………………………………….1273-1 Appendix

Non-Discrimination Provision EEO……………………………………………………………....A Section 4 - Scope of the Work …....................................................................................................B Section 5 - Claims by Contractor …..……………………………………………………………..C Section 6 – Products and Source of Supply…………………………………………………….….D Section 7 – Wage Rates for Federal-Aid Projects………………………………………………….E Section 7-24 – Disadvantaged Business Enterprise Program……………………………………....F Contract Drawings..……………………………………………………………………………...…G Cargo Preference Act………………………………………………………………………………H

FORMS APPENDIX palmcoastgov.com/government/purchasing

Invitation to Bid 00001- 1

CITY OF PALM COAST

INVITATION TO BID

ITB-CD-CME-16-01

Multi Use Path Phase 6 Seminole Woods Blvd.

SCOPE OF SERVICES: The contractor shall furnish all labor, material, equipment, tools, supervision, and any other items required for completing a 10’ wide concrete multi-use path on Seminole Woods Blvd.

between US-1 and Sesame Blvd. The work consists of New Construction including but not limited to site

work, clearing, filling, grading, and construction of concrete path, benches and signs.

The City of Palm Coast is seeking Bids from pre-qualified Contractors for Construction of Multi Use Path

Phase 6 Seminole Woods Blvd. Pre-qualified Contractors are those determined to be responsible and responsive in accordance to all requirements of this bid process. This is a project to be administered under the Local Agency Program (LAP) rules. As such, the Contractor will be required to fulfill monthly employment reporting obligations for their own workforce as well as the workforce of all subcontractors, including Construction Contract Compliance with Equal Opportunity (EEO), Disadvantaged Business Enterprise (DBE), and Wages in accordance with FHWA – 1273 and Executive Order 11246. The City of Palm Coast has determined that the DBE Availability for this work is 4.3%. The current FDOT DBE Availability goal is 9.91% for this project. CONTRACT TIME: Construction time to achieve Substantial Completion is ninety (90) consecutive calendar days from the date of the “Notice to Proceed,” with an additional thirty (30) consecutive calendar days to achieve Final Completion.

BID DOCUMENTS, CONTRACT DOCUMENTS, & DRAWINGS: Lump Sum bids shall be prepared using the Bid Documents, Contract Documents and Drawings (if applicable). All documents may be obtained at no cost from the City’s website: palmcoastgov.com/government/purchasing. It is mandatory that Bidders receive the Bid Documents prior to submitting a Bid. Questions concerning bidding should be directed to Brian Rothwell, Purchasing Manager, at telephone number 386-986-3730. ADDENDA: Early addenda may be issued up to seventy-two (72) hours before Bid closing time. Brief Addenda may be issued between seventy-two (72) hours and twenty-four (24) hours before Bid closing time. All addenda will be posted on the City’s website: palmcoastgov.com/government/purchasing. The

acknowledgement page of all addenda must be signed, dated, and returned with the Bid. Failure to do so

shall render the Bid as non-responsive. BID SECURITY: A certified check, cashier’s check or bid bond shall accompany each Bid if Bid amount is one-hundred thousand dollars ($100,000) or greater. The certified check, cashier’s check or bid bond shall be for an amount not less than five percent (5%) of the Bid price and shall be made payable to the City as a guarantee that the Bidder will not withdraw his/her Bid for a period of ninety (90) days after Bid closing time. PERFORMANCE, PAYMENT, & MATERIAL AND WORKMANSHIP BONDS: In the event the Contract is awarded to the Successful Bidder, he/she will thereafter enter into a written Agreement with the City and furnish a Payment Bond and a Performance Bond in an amount equal to the Contract Price. The Material and

Invitation to Bid 00001- 2

Workmanship Bond shall be in an amount equal to 10 percent of the Contract Price as adjusted on the Final Application for Payment. The Bidder will forfeit his/her Bid Security if he/she fails to do so. All Bonds shall be secured from or countersigned by an agency or surety company recognized in good standing and authorized to do business in the State of Florida.

QUALIFICATIONS DUE DATE/TIME: February 4, 2016, 2PM. Qualification submittals received after that date and time shall be disregarded and not considered. MANDATORY PRE-BID DATE/TIME: T.B.D. (following review of the Qualification submittals).

BID DUE DATE/TIME: T.B.D. (qualification due date + 30 days) All submittals must be addressed as follows for both mail and hand deliveries:

City of Palm Coast

Purchasing & Contracts Management Division

160 Lake Ave, Suite 221

Palm Coast, FL 32164

Please be sure to include your company’s name, address and phone number, as well as the bid name and number, on the outermost envelope. Please clearly mark the outermost envelope as “Qualification Forms” or “Bid Forms” depending on the package.

AWARD OF CONTRACT: The City reserves the right to accept or reject any or all bids with or without cause, to waive technicalities, or to accept the Bid, which, in its judgment, best serves the interest of the City. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Personnel Office ADA Coordinator at 386-986-3718 at least forty-eight (48) hours in advance of the meeting(s). NOTE: All prospective Bidders are hereby instructed not to contact any member of the City of Palm

Coast City Council, City Manager, or City of Palm Coast staff members, other than the noted contact

person(s), regarding this bid at any time prior to the bid having been formally presented to, and voted on

by, the City Council. Any such contact shall be cause for rejection of the bid.

Certifications Page 00005-1

SECTION 00005 CERTIFICATIONS PAGE

CIVIL ENGINEER CERTIFICATION PROJECT NUMBER: ITB-CD-CME-15-01 I hereby certify that the above-referenced Project Manual meets all applicable provisions and pertinent codes and laws. I also certify that I am a registered professional engineer in the State of Florida, in good standing and that I have the necessary civil engineering knowledge and experience that enables me to make this certification statement. Finally, I certify that the drawings submitted with this Project Manual includes all necessary notes and details to ensure that the Contractor can build the Multi Use Path Phase 6 Seminole Woods Blvd. to my engineering specifications and the City Inspector can verify the construction. ____________________________________________________ Signature _Juan Bostwick_______________________________________ Print Name ____________________________________________________ Date _160 Cypress Point Parkway, Suite B-106_________________ Address __Palm Coast, FL 32164_______________________________ City, State, Zip Code _386-986-4771_______________________________________ Phone Number Professional Engineer’s Seal:

END OF SECTION

Instructions to Bidders 00010-1

SECTION 00010 INSTRUCTIONS TO BIDDERS

SECTION 1: DEFINED TERMS 1.1 Terms used in these "INSTRUCTIONS TO BIDDERS" which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The terms “Bidder”, “Contractor”, “Proposer” or similar terms, in context, carry and convey the same meaning. SECTION 2: COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents may be obtained from the CITY’S website at www.palmcoastgov.com/government/purchasing. 2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither CITY nor ENGINEER nor ENGINEER OF RECORD assume any responsibility for errors or misinterpretations resulting from the use of sets of Bidding Documents. Whether complete or incomplete. 2.3 CITY in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. SECTION 3: QUALIFICATION OF BIDDERS 3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by CITY, information including, but not limited to, financial data, previous experience including references and evidence of authority to conduct business in the State of Florida. Submittals requested pursuant to this subsection are in addition to those required elsewhere. 3.2 The following license(s) is required: General Contractor This license(s) shall be valid throughout the term of the contract.

3.3 This license(s) is required by Florida Statue, Chapter 489 and defined by section 489.105 as a “a contractor whose services are unlimited as to the type of work which he or she may do, who may contract for any activity requiring licensure under this part, and who may perform any work requiring licensure under this part, except as otherwise provided in section 489-113.”…

SECTION 4: EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a Bid, each Bidder shall: (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress or performance of the Work including, but not limited to, weather and climatological data relating to the Palm Coast area; (c) familiarize themselves with federal, state and local laws, ordinance, rules, regulations and policies that may in any manner affect cost, progress or performance of the Work; (d) study and carefully correlate Bidder's observations with the Contract Documents; (e) make written requests for interpretations promptly after discovering any conflicts, errors, ambiguities or inconsistencies; and (f) contact all utilities and others who may be working at the Project site, including CITY owned utilities, prior to submitting a Bid in order to determine the extent to which utility installations, utility relocations or adjustments (temporary and


permanent) will impact the CONTRACTOR's responsibility to schedule, coordinate and sequence the CONTRACTOR's Work with the work of the CITY, utility work, and the work of others at the Project site. 4.2 Reports of investigations and tests of subsurface and physical conditions at the site affecting cost, progress or performance of the Work which have been relied upon by ENGINEER OF RECORD in preparing the Plans and Specifications shall be examined by the Bidder and upon execution of a contract, deemed to have accomplished the following. CITY will make copies of such reports available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness. If this information is used by Bidder in preparing his proposal, the bidder shall assume all risks resulting from actual conditions differing from the conditions set out in the reports. 4.3 When a log of test borings showing a record of the data obtained by the investigation of subsurface conditions by the CITY, the ENGINEER OF RECORD or their Consultants is included with the Plans or other documents, it is expressly understood and agreed that said log of test borings represents only the opinion of the CITY, or the ENGINEER OF RECORD or their Consultants as to the character of the materials encountered by them in the test borings, is included in the Plans or other documents only for the convenience of Bidders, and its use is subject to all of the conditions and limitations set forth in this Section. 4.4 Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional investigations, examinations, explorations and tests and obtain any additional information which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the Work and which Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. The Bidder acknowledges that the Project and the CONTRACTOR's Work involves significant utility installations and that utility relocation (temporary and permanent) may be significant and require time to accomplish. Some utility facilities may need to be relocated and adjusted concurrently with the CONTRACTOR's Work, while some Work may be required above, adjacent to, and around utility facilities that are in-use and will remain in place. 4.5 On request, CITY will attempt to provide each Bidder reasonable access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his Bid. If access is provided, Bidder shall restore site to condition existing prior to conducting the investigations and tests. 4.6 The lands upon which the Work is to be performed, Rights-of-Way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of Materials and Equipment shall be provided by CONTRACTOR at it’s expenses. 4.7 The submission of a Bid shall constitute a conclusive representation by the Bidder that the Bidder has complied with every bid requirement and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work and that the Bidder will make no claim arising from his failure to comply with these Sections. 4.8 The submission of the Bid shall be an indication that the Bidder has considered normal local weather conditions (daily and monthly variations) for the previous ten (10) years from the date of the Bid as compiled by the National Weather Service and measured at Daytona Beach International Airport. Bidder shall consider and include the impact of weather conditions, including the possibility of hurricanes and tropical storms and related adverse weather conditions, on construction scheduling and sequencing when preparing the Bid. Claims based upon the schedule impact of normal local weather conditions are barred.


SECTION 5: INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to the attention of the Purchasing Manager identified in the Invitation To Bid, City of Palm Coast, Purchasing and Contracts Division, 160 Cypress Point Parkway, Suite B-106., Palm Coast, FL 32164. Bidders shall advise the CITY in writing of any conflicts in the Contract Documents or any discrepancies between conditions noted at the Project site and those shown on the Plans or described in the Specifications. Should revisions to the Bid documents become necessary; the CITY will post addenda information on the CITY’s Web Site. All Bidders should check the CITY’S Web Site or contact the CITY’S Purchasing and Contracts Division at least seven (7) calendar days before the date fixed to verify information regarding Addenda. Failure to do so could result in rejection of the proposal as unresponsive. Bidders shall sign, date, and return the latest addendum with their bid. Previous addenda will be deemed received. Addenda information will be posted on the CITY’S Web Site at www.palmcoastgov.com/government/purchasing. It is the sole responsibility of the Proposer to ensure they obtain information related to Addenda. Oral and other interpretations or clarifications will be without legal effect. 5.2 Only interpretation or correction so given by the Purchasing and Contracts Division, in writing, shall be binding and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret the Bidding Documents. Questions will not be accepted during the last ten (10) days prior to bid date, unless otherwise specified by the CITY of Palm Coast Purchasing and Contracts Division. 5.3 In case the CITY finds it necessary to supplement, modify or interpret any portion of the Bidding Documents during the bidding period, such procedure will be accomplished by issuance of written Addenda to the Bidding Documents which will be posted on the CITY’s website: palmcoastgov.com/government/departments/purchasing. No Addenda shall be issued less than seven (7) calendar days prior to the bid opening, unless otherwise specified by the CITY of Palm Coast Purchasing and Contracts Division. SECTION 6: CONTRACT REQUIREMENT FOR THE CITY OF PALM COAST PURCHASING AND

CONTRACTS PROCEDURES 6.1 Special attention is called to the City of Palm Coast Purchasing and Contracts Procedures. Certain requirements are defined in these procedures. Failure to comply with these requirements may result in a finding that the Bidder is non-responsive or non-responsible and may result in rejection of the Bid. SECTION 7: PURPOSE 7.1 Bidders acknowledge that the purpose of the Bidding Documents and Purchasing and Contracts Procedures is to provide for the fair and equitable treatment of all Bidders involved in CITY Bid solicitations, to maximize the purchasing value of CITY funds, and to provide safeguards for maintaining a Bid procedure of quality and integrity. SECTION 8: CONSTRUCTION 8.1 The Bidding Documents shall be liberally construed to assure protections and benefits to the public. The Bidding Documents are intended to assure Bidders fair and equitable treatment; however, the Bidding Documents shall not be construed to create property interests benefitting Bidders as a result of the procedural safeguards established to benefit the public. Agreement awards shall not be deemed final until such time as the time for protest or appeal has expired or, if a protest or appeal is filed, determined, as such time frames are determined by the CITY. SECTION 9: QUALIFICATIONS/BID PROTESTS/AWARD CONTESTS


9.1 Protests arising under City Bidding Documents or Procedures shall be resolved under the City of Palm Coast Purchasing & Contract protests procedures. 9.2 A vendor/bidder may protest matters involving the qualifications evaluations and/or award of this contract within 72 hours respectively from the posting of the qualifications evaluations and/or recommendation to award. Failure to protest to the City’s Purchasing Manager shall constitute a waiver of protest proceedings. 9.3 Any decision of the Purchasing Manager may be appealed to the City Manager by filing a written appeal to the City Manager within seven (7) days of the Purchasing Manager’s decision. Any decision of the City Manager may be appealed to the City Council by filing a written appeal to the City Clerk within seven (7) days of the City Manager’s decision. The same procedures as above shall apply to contest the qualifications evaluations and/or the award of the contract. SECTION 10: LIMITATION ON DAMAGES 10.1 Bidders submitting Bids agree that any actual or prospective Bidder who is aggrieved and prevails in connection with the Bid solicitation, proposed award or award of an Agreement is limited to actual Bid preparation costs related to the specific Bid solicitation. Bidders agree that Bid preparation costs shall be computed based on actual cost and pricing data. Bidders agree that Bid preparation costs may not be proven by use of any formula based calculations. Such claims must be made in writing at the time of the bid protest. SECTION 11: BID SECURITY 11.1 Bid Security shall be made payable to CITY in an amount of five percent (5%) of the Bidder's Total Bid in the form of a certified or cashier's check, or in the form of a Bid Bond issued by a Surety meeting the requirements of these Contract Documents, for bids of one hundred thousand dollars ($100,000) or greater. 11.2 The Bid Security of the Low Bidder shall be retained until such Bidder has executed the Agreement, furnished the required Agreement security, and the Insurance Certificates and Endorsements, and complied with the Purchasing Ordinance and Purchasing Policies, requirements whereupon it will be returned. If the Low Bidder fails to execute and deliver the Agreement or furnish the required Contract Security and the Insurance Certificates and Endorsements, complied with the Purchasing and Contracts Procedures, within ten (10) days of the Notice of Award, CITY may annul the Notice of Award and the Bid Security of that Bidder shall be forfeited. The Bid Security of any Bidder whom CITY believes to have a reasonable chance of receiving the award may be retained by CITY until the earlier of the seventh day after the "effective date of the Agreement" or the ninety-first day after the Bid opening. Bid security of other Bidders may be returned within seven (7) days of the Bid opening. 11.3 Bid Security is submitted with the understanding that it shall guarantee that the Bidder will not withdraw its Bid for a period of at least ninety (90) days after the closing time for receipt of Bids. On some Projects, Bidders may be requested to guarantee Bids for a period of longer than ninety (90) days. In this event, notice shall be given by addenda. By mutual agreement of the CITY and an Apparent Low Bidder, the Bid acceptance period may be extended for a period longer than ninety (90) days. 11.4 All Bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable Laws and Regulations and be in the form prescribed by the Contract Documents. All Bonds shall be executed by such Sureties as are licensed to conduct business in the State of Florida and, except as otherwise provided by Laws and Regulations, are named in the current list of “Companies Holding Certificates of authority as Acceptable Sureties on Federal Bonds or as Acceptable Reinsuring Companies” as published in Circular 570 (amended by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of its authority to act.


SECTION 12: SUBSTITUTE MATERIAL AND EQUIPMENT 12.1 The Agreement, if awarded, will be on the basis of the Work described in the Plans and specified in the Specifications without consideration of possible substitute or "or-equal" items, unless approved in writing by the City. SECTION 13: VALUE ENGINEERING INCENTIVE 13.1 This section not applicable to this contract SECTION 14: QUALIFICATION FORMS & BID FORMS 14.1 The Qualification Forms and Bid Forms (including the Price Table when applicable) are included in the Bidding Documents. 14.2 Qualification Forms and Bid Forms must be completed in ink or by typewriter. 14.3 The Bid price of each line item on the Price Table must be stated in numerals. The total of all line items must be stated in numerals and in words. In the event there is a discrepancy between the written total and the sum of the figures, the figures shall be recalculated and the correct total shall be used. 14.4 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other appropriate corporate officer) and the corporate seal must be affixed and attested by another corporate officer. 14.5 The corporate address and state of incorporation shall be shown below the signature. 14.6 Bids by partnerships must be executed in the partnership name and signed by an authorized partner whose title must appear under the signature of all partners. Bids executed by authorized partners must be accompanied by evidence of authorization. 14.7 All names and titles must be typed or printed below the signature. 14.8 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in by the Bidder in Section 00100 – Qualification Forms and Section 00200 – Bid Forms). 14.9 The address to which communications regarding the Bid are to be directed must be shown. 14.10 Bids by joint ventures must be executed by each ownership interest in the joint venture. SECTION 15: SUBMISSION OF BIDS (TWO-STEP PROCESS) 15.1 Qualification Forms and Bid Forms must be submitted in two separate packages as follows: Step 1: Addenda and Section 00100 – Qualification Forms

All addenda (signed and dated) Section 00100 – Qualification Forms (do not include Section 00200 - Bid Forms)

o Attachment “A” Certificate of Corporation (dates due upon award of contract) o Attachment “B” Questionnaire o Attachment “C” Required Disclosure o Attachment “D” Bidder Information o Attachment “E” Experience of Bidder o Attachment “F” Public Entity Crimes o Attachment “G” Non-Collusion Affidavit of Bidder


o Attachment “H” Certification of Non-Segregated Facilities o Attachment “I” Drug-Free Workplace o Attachment “J” Conflict of Interest Statement o Attachment “K” Compliance with Public Records Law o Attachment “L” Americans with Disabilities Act Affidavit o Attachment “M” Vendor Certification Regarding Scrutinized Companies List o Attachment “N” Legal Requirements and Responsibility to the Public – E-Verify. o Attachment “O” Certification of Lobbying Activities on Federal-Aid Contracts o Attachment “P” LAP Certification of Current Capacity o Attachment “Q” FDOT DBE Bid Package Information

Step 2: Bid Bond and Section 00200 – Bid Forms

All addenda (signed and dated) Bid Bond (if applicable) Section 00200 – Bid Forms

o Price Sheet o Attachment “A” Direct Purchase of Materials o Attachment “B” Material and Equipment List o Attachment “C” List of Proposed Subcontractors/Shop Fabricators o Attachment “D” Certification Regarding Debarment o Attachment “E” Trench Safety Act

15.2 Qualification Forms shall be submitted at or before the time and place (160 Cypress Point Parkway, Suite B-106 Palm Coast, FL 32164) indicated in the INVITATION TO BID and shall be delivered in an opaque sealed envelope marked Qualification Forms. The envelope must include the Bidder’s name, address, phone number, and solicitation name and number. 15.3 Qualification Forms shall be opened at the time bids are due per the INVITATION TO BID and will be reviewed by a City staff Evaluation Committee to determine if Bidder is responsive and responsible (majority rule). If Bidder is determined not to be responsive and responsible, the Qualification Forms shall be rejected and the Bidder shall not be permitted to submit the Bid Forms. If the Bidder is determined to be responsive and responsible, the Bidder will be notified that he/she has been pre-qualified and the Bidder shall be permitted to submit the Bid Forms. 15.4 Bid Forms shall be due by 2:00pm at the City of Palm Coast reception desk located at 160 Cypress Point Parkway, Suite B-106 Palm Coast, FL 32164. Bid Forms shall tentatively be due thirty (30) calendar days after Bidders have been pre-qualified (the exact date shall be conveyed by City staff to all pre-qualified Bidders). 15.5 Bid Forms shall be publically opened and the results read aloud. 15.6 Bidder must submit one set of documents in a sealed envelope for each of the two steps. Qualification Forms and/or Bid Forms received after the time and date specified shall not be considered and will be returned unopened. SECTION 16: MODIFICATION AND WITHDRAWAL OF BID 16.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. Withdrawal of a Bid under this subsection will not prejudice the rights of Bidder to file a new Bid.


16.2 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with CITY, and within 48 hours thereafter demonstrates to the reasonable satisfaction of the CITY that: a) there has been a material and substantial mistake in the preparation of the Bid; b) the mistake is of such great consequence that to enforce the Agreement would be unconscionable; and c) the mistake occurred notwithstanding the exercise of reasonable care in the preparation of the Bid; the Bidder may withdraw its Bid, and the Bid Security will be returned provided that the CITY is not seriously prejudiced, except for the loss of its bargain. Bidders shall not be allowed to correct a Bid with a material and substantial mistake. A Bidder withdrawing its Bid under this subsection shall be disqualified from further bidding on the Work. SECTION 17: OPENING OF BIDS 17.1 At the specified time and place as indicated in the "INVITATION TO BID," Bids shall be opened publicly and read aloud. 17.2 A Bid tabulation of the amounts of the Bids and major alternates (if any) will be prepared and made available within a reasonable time after the opening of Bids. 17.3 More than one Bid received for the same Work from an individual, firm or partnership, a Corporation or Association or other legal entity under the same or different names shall not be considered. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the same Work will cause the rejection of all such Bids in which the Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants believed to be in such collusion shall not be considered. 17.4 The CITY reserves the right to reject any and all Bids and waive any and all irregularities, and the right to disregard any or all nonconforming, unbalanced or conditional Bids or counter proposals. The CITY may reject, as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of addenda as prescribed. If the CITY elects not to reject a Bid which fails to acknowledge receipt of any addendum, the Bid shall be construed as though the addendum had been received and acknowledged by the Bidder. 17.5 Discrepancies between words and figures shall be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the sum thereof shall be resolved in favor of the corrected sum. Discrepancies in the extension of the Unit Price times the estimated quantity for any line item shall be resolved in favor of the correct extension. 17.6 At the time of opening and upon review of bid submittals, the City reserves the right to request all required forms/attachments (other than the bid form and issued addenda) that may have not been submitted at time of submittal. The respondent shall have 24 hours from the City’s request to supply this information to the City so that their bid shall be considered valid. SECTION 18: BIDS TO REMAIN FIRM 18.1 All Bids shall remain firm for ninety (90) Days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

18.2 Extensions of time when Bids shall remain opened beyond the ninety-day period may be made only by mutual agreement between the City of Palm Coast, the Low Bidder, and the Surety, if any, for the Low Bidder. SECTION 19: AWARD OF CONTRACT


19.1 Award shall be based on products, Equipment, Materials and other criteria set forth in the Bidding Documents. 19.2 The CITY shall publicly post a tabulation sheet. In evaluating Bids, CITY shall consider the qualifications of the Bidders, and whether the Bids comply with the prescribed requirements. 19.3 In evaluating Bids, the CITY shall consider the information provided by the Apparent Low Bidder as described in these "INSTRUCTIONS TO BIDDERS." 19.4 The CITY may require the Apparent Low Bidder to submit a certified statement describing their organization, plant, manpower, financial resources and list all previous and ongoing construction contracts over the last five (5) years regardless of amount or completion status. Information shall be submitted on the Associated General CONTRACTOR’s of America Form "Standard Questionnaires and Financial Statement for Bidders" available from AGC, 1957 "E" Street, N.W., Washington, D.C. 20006, or other form acceptable to CITY. The information shall be certified by a Certified Public Accountant for Bids over $25,000.00. The CITY, at its discretion, may require any or all of the above listed information from any other Bidder. 19.5 CITY may consider the qualifications and experience of Subcontractors and other persons and organizations (including, but not limited to, those who are to furnish the principal items of Material or Equipment) proposed for those portions of the Work. Operating costs, maintenance, considerations, performance data and guarantees of Materials and Equipment may also be considered by CITY. When requested by the City, the list of Subcontractors must be provided by the Contractor within five (5) days of receiving the request. 19.6 CITY may conduct such investigations and require supplemental information as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors, proposed Equipment and Material suppliers, and other persons and organizations to do the Work in accordance with the Contract Documents to CITY’s satisfaction. 19.7 CITY reserves the right to reject the Bid of any Bidder who does not satisfy the requirements of the CITY’s evaluation. 19.8 CITY reserves the right to reject the Bid of any Bidder who is behind, as determined by the CITY, on the completion schedule for any existing contracts with the CITY, in litigation with the CITY, involved in any dispute resolution procedure with the CITY, has previously defaulted on a contract with the CITY or has previously failed to satisfy all CITY requirements related to life safety including, but not limited to, the maintenance of traffic provisions on existing or previous agreements with the CITY. 19.9 If the Agreement is to be awarded, it will be awarded to the lowest responsive, responsible Bidder. CITY reserves the right to reject all Bids. 19.10 If the Agreement is to be awarded, CITY will issue the Apparent Low Bidder a Notice of Award within ninety (90) days after the day of the Bid opening. 19.11 CITY, while reviewing the Bid of the Apparent Low Bidder, may reasonably require other Bidders to submit promptly for CITY inspection, information, including, but not limited to, their responsibility, qualifications and financial ability. The acceptance of these submittals shall in no way impose any obligation whatsoever upon CITY to award the Agreement to any such Bidders, and all information provided shall be at Bidders' sole expense. The CITY shall in no event be obligated to reimburse Bidders for their costs incurred to supply this information to the CITY.


19.12 Any of the following causes may be considered as sufficient grounds for disqualification of a Bidder or the rejection of a Bid: (a) Submission of more than one (1) Bid for the same (b) Work by any entity under the same or different names. (c) Evidence of collusion among Bidders. (d) Submission of an unbalanced Bid in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Bid. (e) Lack of responsibility as shown by past Work from the standpoint of life safety including, but not limited to, strict adherence to all maintenance of traffic requirements of CITY, workmanship, progress and financial irresponsibility. (f) Uncompleted Work for which the Apparent Low Bidder is committed by contract which might hinder or prevent the prompt completion of Work under this Bid if an Agreement would have been awarded to the Apparent Low Bidder. (g) Falsification of any entry made on the Bid Documents shall be deemed a material irregularity and will be grounds, at the CITY’s option, for disqualification of the Apparent Low Bidder or rejection of the Bid. This Section shall be construed liberally to benefit the public and not the Apparent Low Bidder. However, any other evidence which may hinder or otherwise delay completion of the Project may be grounds for disqualification. (h) Non-compliance with the submittal requirements of these Instructions To Bidders. 19.13 The Agreement will be awarded as soon as possible or within ninety (90) days from Bid opening date to the Apparent Low Bidder in accordance with award criteria provided their Bid is reasonable and it is in the best interests of the CITY to do so. If the Bid Form indicates a base bid and additive or deductive alternates, the low combination of base bid and City determined accepted alternates shall be considered for the basis of award. The CITY reserves the right to accept or reject the base bid, any alternate bids, or any combination thereof. The CITY reserves the right to waive any informality in Bids received when such waiver is in the best interests of the CITY. The Agreement will only be entered into with responsible CONTRACTORS, found to be satisfactory by the CITY, qualified by experience and in a financial position to do the Work specified. 19.14 AWARD CRITERIA: The award will be based on, but not limited to the following criteria: (a) The ability, capacity and skill of the Apparent Low Bidder to perform the Work. (b) Whether the Apparent Low Bidder can perform the Work promptly, or within the time specified, without delay or interference. (c) The character, integrity, reputation, judgment and efficiency of the Apparent Low Bidder. (d) The quality of performance of previous contracts or services to the CITY of Palm Coast or any other agency or client. (e) The previous and existing compliance by the Apparent Low Bidder with the City of Palm Coast Purchasing Procedures, the life safety requirements of the CITY, and other laws and ordinances, regulations. (f) The sufficiency of the financial resources and ability of the Apparent Low Bidder to perform the Work. (g) The quantity, availability and adaptability of the Apparent Low Bidder to perform the Agreement or service to the particular needs of the CITY. (h) The ability of the Apparent Low Bidder to retain employees for the purpose of the Work. (i) The experience of the Apparent Low Bidder performing work of a similar nature or in a similar manner. Minimum of three (3) satisfactory years in business (as a general contractor) shall be required. ENGINEERING FIRMS – BE ADVISED THAT IF THIS SECTION DOES NOT REQUIRE A GENERAL


CONTRACTOR, OR SPECIFIC LICENSE, BE SURE TO MAKE THE REQUIRED UPDATED AS PROJECTS ARE DONE. (j) The type, structure and experience of the local or branch management proposed. (k) Quality Control Program. (l) Claims and Litigation filed against the Apparent Low Bidder or filed by the Apparent Low Bidder for equitable adjustment, contract claim or litigation in the past five (5) years. (m) Discipline by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years. (n) If at the time of opening and immediate review of bid submittals, the City reserves the right to request all required forms/attachments (other than the bid form) that may have not been submitted at time of submittal. The respondent shall have 24 hours to supply this information to the City so that their bid shall be considered valid. SECTION 20: BONDS AND INSURANCE 20.1 The Contract Documents set forth CITY’S requirements as to Bonds and Insurance. When the successful Apparent Low Bidder delivers the executed Agreement to CITY, it shall be accompanied by the required Bonds, Insurance Certificates, American with Disabilities Act Affidavit and Endorsements on forms prescribed by CITY. Attorneys-in-fact who sign Bid Bonds, Performance Bonds, Payment Bonds and Material and Workmanship Bonds must file with such Bonds a certified copy of their power-of-attorney to sign the Bonds. SECTION 21: SIGNING OF AGREEMENT 21.1 When CITY gives a Notice of Award to the successful Apparent Low Bidder, it will be accompanied by all other Contract Documents. Within fifteen (15) Days of receipt thereafter, successful Apparent Low Bidder shall sign and deliver the Agreement to CITY together with all submittals required by the Bidding Documents. 21.2 Failure by a successful Apparent Low Bidder to whom the Agreement is awarded to execute the Agreement or to correctly complete or furnish the required Bonds or insurance certificates, affidavits and endorsements or to comply with the Purchasing Policies, shall be just cause for the annulment of the award and the forfeiture of the Bid Security. 21.3 A successful Apparent Low Bidder who is awarded the Agreement and fails to execute the Agreement or correctly complete or furnish the required Bonds or Insurance Certificates, Affidavits and Endorsements within the time period specified in subsection 20.1 above or fails to comply with the City of Palm Coast Purchasing Policies, and the Contract Documents shall be liable to the CITY for all damages resulting there from including reasonable attorneys' fees and costs, and attorneys' fees and cost on appeal. The Bid Security forfeited shall not be a limitation thereon. SECTION 22: PUBLIC ENTITY CRIMES 22.1 Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the CITY, nor be allowed to enter into a subcontract for Work on this Project, if such a person or affiliate has been convicted of a public entity crime within three (3) years of the date of this Project was advertised for Bid, or if such person or affiliate was listed on the State's convicted vendor list, within three (3) years of the date of this Project was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local) including, but not limited to, any contract for the construction or repair of a public building or public work involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation.


22.2 Any Agreement with the CITY obtained in violation of this Section shall be subject to termination for cause. A subcontractor who obtains a subcontract in violation of this Section shall be removed from the Project and promptly replaced by a subcontractor acceptable to the CITY. SECTION 23: CONCURRENT WORK BY OTHERS 23.1 Bidders are advised that there will be other contractors or the CITY with its own forces working at the Project site concurrent with the construction of the Work described herein. Accordingly, Bidders should consider the limitations to site access, construction sequencing and the CONTRACTOR's obligation to coordinate the Progress Schedule with others when preparing the Bid. 23.2 Bidders shall consider permanent and the possibility of temporary utility facilities and appurtenances in their present, relocated or proposed positions and installation of new facilities as required for the Work. No additional compensation will be allowed for any delays, inefficiencies, or damages of any nature sustained due to any delay, inefficiency, disruption, suspension, constructive acceleration, or interference from CITY utilities, utilities of others or from the operations of relocating or installing them. SECTION 24: SPECIAL WARRANTY, GUARANTEE, BONDS, INSURANCE MAINTENANCE, AND

CORRECTION PERIOD REQUIREMENTS 24.1 There may be special requirements pertaining to Warranty, Guarantee, Bonds, Insurance, Maintenance and the Correction Period, which are described in the Contract Documents. Bidders shall review these special requirements, if applicable, and reflect in their Bids all costs associated therewith. SECTION 25: TAXES 25.1 The CITY is not subject to Florida Sales and Use Tax; the CITY’S exemption does not extend to any Bidder as a result of construction of any CITY owned facility. The Bidder is cautioned to include costs related to Florida Sales and Use Tax in the Bid. The Bidder agrees to participate in any program of the CITY that will result in savings to the CITY. SECTION 26: ALTERNATE BIDS 26.1 Alternate Bids will not be accepted unless specifically called for in the Bid Documents. SECTION 27: GRATUITIES AND KICKBACKS 27.1 Gratuities: It is unethical for any person to offer, give, or agree to give any employee or for any employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination claim or controversy, or other particular matter, pertaining to any program requirement or an agreement or subcontract, or to any solicitation or proposal therefore. 27.2 Kickbacks: It is unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the CONTRACTOR or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. 27.3 Contract Clause: The prohibition against gratuities and kickbacks prescribed in this Section shall be conspicuously set forth in every contract and subcontract and solicitation therefore. SECTION 28: PERMITS 28.1 Unless otherwise specified, the CONTRACTOR shall secure and pay for all permits, governmental fees, local building permit, and licenses necessary for the proper execution and completion of the Work, which


are applicable at the time the Bids are received. The CONTRACTOR must be familiar with all Federal, State and local laws, codes, ordinances and regulations which in any manner affect those engaged or employed in the Work, Material or Equipment used in the conduct of the Work. Before securing permits or necessary licenses, CONTRACTOR shall carefully study and compare the Plans and Specifications and shall at once report in writing to the ENGINEER any error and omission he may discover that is in variance with applicable laws, statutes and regulations. If such notice is not received by ENGINEER OF RECORD prior to issuance of permits, CONTRACTOR shall assume full responsibility and bear all costs accrued. It is the obligation of the CONTRACTOR to determine the permits and fees required by any local regulations, State regulations, etc., and include the cost of all such permits in his Bid. Permits and fees will not be waived. NO WAIVER OF THE REQUIRED PERMIT/LICENSES/FEES SHOULD BE ASSUMED. 28.2 The CITY may be required to stop the specific portions of the Work related to a permit as a result of the failure of the CONTRACTOR to secure the applicable permit. The Bidder is hereby advised that the CONTRACTOR will be required to pay all fines and penalties of any nature related to a failure to satisfy any permit requirement or violation of any applicable permit. SECTION 29: LICENSES 29.1 Bidder's, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida and as required by these Instructions to Bidders at the time of submittal and during the entire Contract Time. SECTION 30: CITY PUBLICATIONS 30.1 Bidders are strongly encouraged to fully review the City’s documents relating to purchasing and procurement activities such as ordinances, codes, policies and procedures as well as to review the contents of the City’s Web page.

END OF SECTION

Qualification Forms 00100-1

SECTION 00100

QUALIFICATION FORMS

Project Name: Multi Use Path Phase 6 Seminole Woods Blvd.

City Project No.: ITB-CD-CME-15-01

Name of Firm: _____________________________________________________________________________

Contact Name: _____________________________________________________________________________

E-mail Address: ____________________________________________________________________________

Business Mailing Address: ___________________________________________________________________

Business Street Address: _____________________________________________________________________

City/State/Zip: _____________________________________________________________________________

Phone Number: (_______) __________________________________________________________________

Fax Number: (________) ___________________________________________________________________

Contractor License Number: __________________________________________________________________

The CITY will post addenda information on the CITY’S website. All Bidders should check the CITY’S website

or contact the CITY’S Purchasing and Contracts Division at least seven (7) calendar days before the date fixed

to verify information regarding Addenda. Failure to do so could result in rejection of the submittal as

unresponsive. Bidders shall sign, date, and return all addenda with their bid. Addenda information will be

posted on the CITY’S website at: palmcoastgov.com/government/purchasing. It is the sole responsibility of

the Bidder to ensure he/she obtains information related to Addenda. Oral and other interpretations or

clarifications will be without legal effect.

The following Addenda, if any, were received:

Addendum No.______________________ Date Received_________________




http://www.palmcoastgov.com/government/departments/purchasing


The Bidder acknowledges the receipt, execution, and return of the following attachments:

Attachment “A” Certificate of Corporation (dates due upon award of contract)

Attachment “B” Questionnaire

Attachment “C” Required Disclosure

Attachment “D” Bidder Information

Attachment “E” Experience of Bidder

Attachment “F” Public Entity Crimes

Attachment “G” Non-Collusion Affidavit of Bidder

Attachment “H” Certification of Non-Segregated Facilities

Attachment “I” Drug-Free Workplace

Attachment “J” Conflict of Interest Statement

Attachment “K” Compliance with Public Records Law

Attachment “L” Americans with Disabilities Act Affidavit

Attachment “M” Vendor Certification Regarding Scrutinized Companies List

Attachment “N” Legal Requirements and Responsibility to the Public – E-Verify.

Attachment “O” Certification of Lobbying Activities on Federal-Aid Contracts

Attachment “P” LAP Certification of Current Capacity

IN WITNESS WHEREOF, BIDDER has hereunto executed this QUALIFICATION FORM this _________ day

of ______________, 20_____.

______________________________ _______________________________________

(Name of BIDDER) (Signature of person signing this BID FORM)

_______________________________________

(Printed name of person signing this BID FORM)

_______________________________________

(Title of person signing this BID FORM)


ATTACHMENT A

CERTIFICATE OF CORPORATION

*Dates Not Due Until Award of Contract.

Please include a copy of your Certificate of Corporation from the State of Florida with this attachment.

STATE OF FLORIDA

COUNTY OF

I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under

the laws of the State of , was held on , 20 . The following resolution was duly

passed and adopted:

“RESOLVED, that as

President of the corporation is hereby authorized to execute the Contract dated

, 20 , between The City of Palm Coast, a municipal corporation and this corporation,

and that execution thereof, attested by the Secretary of the corporation and with corporate seal affixed,

shall be the official act and deed of this corporation.”

I further certify that said resolution is now in full force and effect.

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the corporation

This day of , 20 .

________________________________________________________________

Corporate Secretary


ATTACHMENT B

QUESTIONNAIRE

DATE: ____________________________________________________________________________________

NAME OF BIDDER: _________________________________________________________________________

BUSINESS ADDRESS: ______________________________________________________________________

PHONE NUMBER: __________________________________________________________________________

CONTRACTOR'S FL LICENSE #: _____________________________________________________________

EXPIRATION DATE: ________________________________________________________________________

The undersigned warrants the truth and accuracy of all statements and answers herein contained. Include

additional sheets if necessary.

1. How many years has your organization been in business as a General Contractor?

2. How many years has your organization been in business as a Subcontractor?

3. Name of Superintendent and length of time with your company?

4. Describe in detail and give the date and owner, including phone numbers and contact person(s), of the

last Five (5) projects that you have completed similar in type, size, and nature as the project proposed?

(Use additional sheets if needed)

_____________________________________________________________________________________

_____________________________________________________________________________________

5. Have you ever failed, or been alleged to have failed, to complete work awarded to you? If so, where and

why?

_____________________________________________________________________________________

_____________________________________________________________________________________

5. Have you ever failed, or been alleged to have failed, to complete work within the Contract Time? If so,

where and why?

_____________________________________________________________________________________

_____________________________________________________________________________________

7.. Have you ever been assessed liquidated damages, or had liquidated damages assessed against you? If so,

where and why?

_____________________________________________________________________________________

_____________________________________________________________________________________

8. Have you ever had your bonding restricted or limited?

_____________________________________________________________________________________

_____________________________________________________________________________________


9. Have you ever had a bond or letter of credit called by the owner of a project? If so, when?

_____________________________________________________________________________________

_____________________________________________________________________________________

10. Name three (3) individuals or corporations, not mentioned in 3 above, for which you have performed

work and to which you refer:

_____________________________________________________________________________________

_____________________________________________________________________________________

11. Have you personally inspected the site of the proposed Work? Describe, in full, any anticipated

problems with the site and your proposed solutions?

_____________________________________________________________________________________

_____________________________________________________________________________________

12. What equipment do you own that is available for the Work?

_____________________________________________________________________________________

_____________________________________________________________________________________

13. What equipment will you purchase for the Work?

_____________________________________________________________________________________

_____________________________________________________________________________________

14. What equipment will you rent for the Work?

_____________________________________________________________________________________

_____________________________________________________________________________________

15. Complete the required disclosure form.

16. Attach a copy of the most current balance sheet (assets and liabilities) for the BIDDER.

17. State the true and exact, correct, and complete name under which you do business.

BIDDER is:

By (signature)

Title

18. Attach the corporate information sheet from the Florida Department of State, Division of Corporation’s,

web site.

Sworn and subscribed to before me this day of ,, 20 ,,

in the State of ,, County of ..

Notary Public My Commission Expires: _____________


ATTACHMENT C

REQUIRED DISCLOSURE

The following disclosure is of all material facts pertaining to any felony conviction or any pending felony

charges in the last three (3) years in this State or any other state of the United States against (1) the Bidder, (2)

any business entity related to or affiliated with the Bidder or (3) any present or former owner of the Bidder or of

any such related or affiliated entity. This disclosure shall not apply to any person or entity which is only a

stockholder, which person or entity owns twenty percent (20%) or less of the outstanding shares of the Bidder

whose stock is publicly owned and traded:

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

By:

_________________________________________________________________

Bidder

_________________________________________________________________

Authorized Signature

_________________________________________________________________

Date


ATTACHMENT D

BIDDER INFORMATION

CONTRACTING OFFICER

TITLE

OFFICER'S FULL LEGAL NAME

President

Vice-President

Secretary

Treasurer

Resident

Superintendent

Indicate with an asterisk (*) in the first column, which officer will sign the resulting contract. If other than the

President, include a copy of the corporate resolution which gives express authority for execution of the specific

proposal and contract documents. Each Bidder must assure that the officer information provided is in

accordance with the Bidder's corporate registration supplied to the Secretary of State.


ATTACHMENT E

EXPERIENCE OF BIDDER

NAME OF BIDDER ________________________________________________________________________

The Bidder shall provide the following information regarding experience within the past three years in

this particular scope of work.

Bidder must demonstrate ability to construct projects of similar complexity, nature and size as this

project. Under Client's Name and address, please include Contact's Name, Telephone Number and Fax Number.

DATE OF

CONTRACT

CLIENT’S NAME & ADDRESS: CONTRACT

AMOUNT

PH FX $

Project & Location:

DATE OF

CONTRACT


AMOUNT

PH FX $

Project & Location:

DATE OF

CONTRACT


AMOUNT

PH FX $

Project & Location:

DATE OF

CONTRACT


AMOUNT

PH FX $

Project & Location:

Do you have any similar work in progress at this time? ____Yes ____No

Length of time in business: _______________Years (Minimum three (3) years required)

Bank or Financial references: (Include Contact Name and telephone number)

_________________________________________________________________________________________

_________________________________________________________________________________________


ATTACHMENT F

SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES,

ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER

AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to: The City of Palm Coast

(Name of public entity)

__________________by

(Individual’s name and title)

For

(Name of entity submitting sworn statement)

whose business address is:

and (if applicable) its Federal Employer Identification Number (FEIN) is

. (If the entity has no FEIN, include the Social Security Number of the

individual signing this sworn statement.)

1. I understand that a “public entity crime” as defined in Section 287.133(1)(g), Florida Statutes, means a

violation of any State or Federal law by a person with respect to and directly related to the transaction of

business with any public entity or with an agency or political subdivision of any other state or with the

United States, including, but not limited to, any bid or contract for goods or services to be provided to

any public entity or an agency or political subdivision of any other state or of the United States and

involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material

misrepresentation.

2. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1) (b), Florida Statutes,

means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of

guilt, in any Federal or state trial court of record relating to charges brought by indictment or information

after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo

contendere.

3. I understand that an “affiliate” as defined in Section 287.133(1)(a), Florida Statutes, means:

A predecessor or successor of a person convicted of a public entity crime: or an entity under the

control of any natural person who is active in the management of the entity and how has been

convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives,

partners, shareholders, employees, members, and agents who are active in the management of an

affiliate. The ownership by one (1) person of shares constituting a controlling interest in another

person, or a pooling of equipment or income among persons when not for fair market value under an

arm’s length agreement, shall be a prima facie case that one person controls another person. A

person who knowingly enters into a joint venture with a person who has been convicted of a public

entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate.

4. I understand that a “person” as defined in Section 287.133(1) (e), Florida Statutes, means any natural

person or entity organized under the laws of any state or of the United States with the legal power to

enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or

services let by a public entity, or which otherwise transacts or applies to transact business with a public


entity. The term “person” includes those officers, directors, executives, partners, shareholders,

employees, members, and agents who are active in management of an entity.

5. Based on information and belief, the statement which I have marked below is true in relation to the

entity submitting this sworn statement. (You must indicate which statement applies.)

__________________Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,

shareholders, employees, members, or agent who is active in management of the entity, nor the affiliate of the

entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

__________________The entity submitting this sworn statement, or one or more of the officers, directors, executives,

partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate

of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

__________________The entity submitting this sworn statement, or one or more of the officers, directors, executives,

partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate

of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida,

Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined

that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor

list. (You must attach a copy of the final order.)

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CITY OF PALM COAST IS FOR

THE CITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31, OF THE CALENDAR

YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE CITY

PRIOR TO ENTERING IN TO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED

IN SECTION 287.017, FLORIDA STATUES, FOR CATEGORY TWO OF ANY CHANGE IN THE

INFORMATION CONTAINED IN THIS FORM.

SIGNATURE

DATE

State of

County of

PERSONALLY APPEARED BEFORE ME, the undersigned authority,

_____________________________________________who, after first being sworn by me,

(Name of individual signing)

affixed his/her signature in the space provided above on the day of 20 .

NOTARY PUBLIC

My commission expires:

ATTACHMENT G

Non-Collusion Provision

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

NON-COLLUSION DECLARATION AND COMPLIANCE WITH 49 CFR § 29

575-060-13 RIGHT OF WAY

05/01 Page 1 of 1

ITEM/SEGMENT NO.:

F.A.P. NO.:

MANAGING DISTRICT:

PARCEL NO.:

COUNTY OF:

BID LETTING OF:

I, , hereby declare that I am (NAME)

of (TITLE) (FIRM)

of (CITY AND STATE)

and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this

State Project.

I further declare that: 1. The prices(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project.

7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this Declaration.

8. As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of

Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(l)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company.


ATTACHMENT H

CERTIFICATION OF NON-SEGREGATED FACILITIES

The Bidder certifies that they do not maintain or provide for their employees any segregated facilities at

any of his establishments, and that they do not permit their employees to perform their services at any location,

under their control, where segregated facilities are maintained. The Bidder certifies further that they will not

maintain or provide for their employees any segregated facilities at any location under their control where

segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of

the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification,

the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants

and other eating areas, time clocks, locker rooms and other storage and dressing areas, parking lots, drinking

fountains, recreation or entertainment area, transportation and housing facilities provided for employees which

are segregated by explicit directive, or are in fact segregated on the basis of race, color, religious disability or

national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where they have

obtained identical certifications from proposed subcontractors for specific time periods) they will obtain

identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000

which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such

certifications in his files.

The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as

amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and

implementations of rules and regulations prescribed by the United States Secretary of Labor are incorporated

herein.

Date:________________________________ By:____________________________________________

Print Name: _____________________________________

Official Address: Title:___________________________________________

_____________________________________

_____________________________________

_____________________________________

(Include Zip Code)


ATTACHMENT I

DRUG-FREE WORK PLACE

The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that

___________________________________________does:

(Name of Business)

1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that

will be taken against employees for violations of such prohibition.

2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining

a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,

and the penalties that may be imposed upon employees for drug abuse violations.

3. Give each employee engaged in providing the commodities or contractual services that are proposed a

copy of the statement specified in subsection (1).

4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the

commodities or contractual services that are under proposal, the employee will propose by the terms of

the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to,

any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or

any state, for a violation occurring in the workplace no later than five (5) days after such conviction.

5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation

program if such is available in the employee’s community, by any employee who is so convicted.

6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the

matters set forth above.

As the person authorized to sign the statement, I certify that this firm complies fully with the above

requirements.

_______________________________________________

Signature

_______________________________________________

Firm

_______________________________________________

Date


ATTACHMENT J

CONFLICT OF INTEREST STATEMENT

STATE OF FLORIDA )

) ss

CITY OF ____________________ )

Before me, the undersigned authority, personally appeared ____________________________________,

who was duly sworn, deposes, and states:

1. I am the ___________________________ of __________________________________ with a

local office in ______________________ and principal office in ________________________________.

2. The above named entity is submitting an Expression of Interest for the City of Palm Coast project

described as bid number ITB-CD-CME-15-01.

3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit

based upon his own knowledge.

4. The Affiant states that only one submittal for the above project is being submitted and that the

above named entity has no financial interest in other entities submitting proposals for the same project.

5. Neither the Affiant nor the above named entity has directly or indirectly entered into any

agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in

connection with the entity's submittal for the above project. This statement restricts the discussion of pricing

data until the completion of negotiations and execution of the Agreement for this project.

6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or

otherwise ineligible from participating in contract lettings by any local, state, or federal agency.

7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict

of interest due to any other clients, contracts, or property interests for this project.

8. I certify that no member of the entity's ownership, management, or staff has a vested interest in

any aspect of or Department of City of Palm Coast.

9. I certify that no member of the entity's ownership or management is presently applying for an

employee position or actively seeking an elected position with City of Palm Coast.


10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the

above named entity, will immediately notify City of Palm Coast in writing.

_______________________________________

Signature of Affiant

The foregoing instrument was acknowledged before me this _____day of ______________, 20_____, by

Affiant who is personally known to me _______or who has produced _________________________________

identification.

_____________________________________________________

Notary Public Signature

Print/Stamp Name ______________________________________

Notary Public in and for the County and State Aforementioned

My commission expires:_________________________


ATTACHMENT K

COMPLIANCE WITH THE PUBLIC RECORDS LAW

Upon award recommendation or thirty (30) days after receiving, submittals become "public records" and shall

be subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the

exemptions to disclosure provided by law in the response to the solicitation, and must identify the data or other

materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

The submission of a proposal authorizes release of your firm’s credit data to City of Palm Coast.

If the company submits information exempt from public disclosure, the company must identify with specificity

which pages/paragraphs of their bid/proposal package are exempt from the Public Records Act, identifying the

specific exemption section that applies to each. The protected information must be submitted to the City in a

separate envelope marked accordingly.

By submitting a response to this solicitation, the company agrees to defend the City in the event we are forced to

litigate the public records status of the company’s documents.

Company Name: _______________________________________________________

Authorized representative (printed): ________________________________________

Authorized representative (signature): ______________________________________

Date: ______________________________

Project Number: ITB-CD-CME-15-01


ATTACHMENT L

AMERICANS WITH DISABILITIES ACT AFFIDAVIT

The undersigned CONTRACTOR swears that the information herein contained is true and correct and that none

of the information supplied was for the purpose of defrauding CITY.

The CONTRACTOR will not discriminate against any employee or applicant for employment because of

physical or mental handicap in regard to any position for which the employee or applicant for employment is

qualified. The CONTRACTOR agrees to comply with the rules, regulations and relevant orders issued pursuant

to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall

the CITY be held liable for the actions or omissions of the CONTRACTOR or any other party or parties to the

Agreement for failure to comply with the ADA. The CONTRACTOR agrees to hold harmless and indemnify

the CITY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of

action of every kind or character, whether in law or equity, resulting from the CONTRACTOR's acts or

omissions in connection with the ADA.

CONTRACTOR: ___________________________________________________________________________

Signature: _________________________________________________________________________________

Printed Name: ______________________________________________________________________________

Title: _____________________________________________________________________________________

Date: _____________________________________________________________________________________

Affix Corporate Seal

STATE OF )

) ss

COUNTY OF )

The foregoing instrument was acknowledged before me this _____ day of_________________, 20____,

by___________________________________ of _________________________________________ (firm), on

behalf of the firm. He/She is personally known to me or has produced ________________________________

identification.

_________________________________________________

Print Name

_________________________________________________

Notary Public in and for the County and State Aforementioned

My commission expires:______________________________


ATTACHMENT M

VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LIST

Respondent Vendor’s Name: __________________________________________________________________

Vendor FEIN: ______________________________________________________________________________

Authorized Representative’s Name: ____________________________________________________________

Authorized Representative’s Title: _____________________________________________________________

Address: __________________________________________________________________________________

City: __________________________________________________ State: _________ Zip: ________________

Phone Number: ____________________________________________________________________________

Fax Number: ______________________________________________________________________________

Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of

one million dollars ($1,000,000) or more that are on either the Scrutinized Companies with Activities in Sudan

List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both Lists are

created pursuant to section 215.473, Florida Statutes.

As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in

the section entitled “Respondent Vendor’s Name” is not listed on either the Scrutinized Companies with

Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may

subject the company to civil penalties, attorney’s fees, and/or costs.

Certified By: ______________________________________________________________________________,

who is authorized to sign on behalf of the above referenced company.

Authorized Signature: _______________________________________________________________________

Print Name & Title: _________________________________________________________________________

Date: _____________________________________________________________________________________


ATTACHMENT N

LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – E-VERIFY.

(REV 6-13-11) (FA 6-16-11) (1-14)

SECTION 7 (Pages 57 – 80) is expanded by the following new Article:

7-28 E-Verify. The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the

employment eligibility of all new employees hired by the Contractor during the term of the Contract and

shall expressly require any subcontractors performing work or providing services pursuant to the Contract to

likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment

eligibility of all new employees hired by the subcontractor during the Contract term.


ATTACHMENT O

375-030-33 PROCUREMENT 10/01

CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES ON FEDERAL-AID

CONTRACTS

(Compliance with 49CFR, Section 20.100 (b))

The prospective participant certifies, by signing this certification, that to the best of his or her

knowledge and belief:

(1) 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 officer or employee of any federal agency, a Member of Congress, an officer of 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.

(2) If 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 of Lobbying Activities", in accordance with its instructions. (Standard Form-LLL can be obtained from the Florida Department of Transportation's Professional Services Administrator or Procurement Office.)

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 Section 1352, Title 31, U.S. Code. Any person who

fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and

not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her proposal that he or she shall

require that the language of this certification be included in all lower tier subcontracts, which

exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Name of Consultant:

By: Date: _________________ Authorized Signature

Title:___________________________


LAP CERTIFICATION OF CURRENT CAPACITY 525-010-46

PRODUCTION SUPPORT 12/09

Page 1 of 2 CONFIDENTIAL

For bids to be received on (Letting Date)

Fill in your FDOT Vendor Number

VF

(Only applicable to FDOT pre-qualified contractors)

CERTIFICATE

I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount of the Firm’s CURRENT CAPACITY (maximum capacity rating less total uncompleted work). The total uncompleted work as shown on the “Status of Contracts on Hand” report (page 2) $ I further certify that the “Status of Contracts on Hand” report (page 2) was prepared as follows: 1. If the letting is before the 25th day of the month, the certificate and report reflect the uncompleted work as of the 15th day of the month, last preceding the month of the letting. 2. If the letting is after the 25th day of the month, the certificate and report reflects the uncompleted work in progress as of the 15th day of the month of the letting. 3. All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report and charged against our total rating. I certify that the information above is correct. NAME OF FIRM

Sworn to and subscribed this day By:

of , 20 Title

STATUS OF CONTRACTS ON HAND

525-010-46 PRODUCTION SUPPORT

12/09 Page 2 of 2

(Furnish complete information about all your contracts, whether prime or subcontracts;

whether in progress or awarded, but not yet begun; and regardless of whom contracted with.)

1 2 3 4 5 6

PROJECTS OWNER, LOCATION AND DESCRIPTION

CONTRACT (OR SUBCONTRACT)

AMOUNT

AMOUNT SUBLET

TO OTHERS

BALANCE OF CONTRACT

AMOUNT

UNCOMPLETED AMOUNT TO BE DONE BY YOU

AS PRIME CONTRACTOR

AS SUBCONTRACTOR

NOTE: Columns 2 and 3 to show total contract (or subcontract) amounts. Column 4 to be difference between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All amounts to be shown to nearest $100. The Contractor may consolidate and list as a single item all contracts which, individually, do not exceed 3% of total, and which, in the aggregate, amount to less than 20% of the total.

TOTALS $0.00 $0.00

TOTAL UNCOMPLETED WORK ON HAND TO BE DONE BY YOU (TOTAL COLUMNS 5 AND 6)

$0.00


DBE BID PACKAGE INFORMATION 275-030-11

EQUAL OPPORTUNITY OFFICE 10/14

Page 1 of 2

DBE Utilization The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not placed on Federal/State contracts; however, the Department has an overall 9.91% DBE goal it must achieve. In order to assist contractors in determining their DBE commitment level, the Department has reviewed the estimates for this letting. As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the low bidder executes the contract with the Department, information will be requested of the contractor’s DBE participation for the project. While the utilization is not mandatory in order to be awarded the project, continuing utilization of DBE firms on contracts supports the success of Florida’s DBE Program, and supports contractors’ Equal Employment Opportunity and DBE Affirmative Action Programs. Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A 0% DBE availability may have been established due to any of the following reasons: limited identified subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are encouraged to identify any opportunities to subcontract to DBE’s. Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this

information. Forms may be downloaded at: www.dot.state.fl.us/proceduraldocuments/ .

DBE Reporting If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity Compliance system prior to the pre-construction or pre-work conference for all federal and state funded projects. This will not become a mandatory part of the contract. It will assist the Department in tracking and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required to report actual payments to DBE and MBE subcontractors through the web-based Equal Opportunity Compliance (EOC) system. All DBE payments must be reported whether or not you initially planned to utilize the company. In order for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any questions, please contact [email protected].

Bid Opportunity List The Federal DBE Program requires States to maintain a database of all firms that are participating or attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE’s and non-DBEs. Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3 business days of submission of the bid or proposal for ALL subcontractors or sub-consultants who quoted to you for specific project for this letting. The web address to the Equal Opportunity Compliance system is: https://www3.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOpportunityCompliance%2f .

http://www.dot.state.fl.us/proceduraldocuments/

https://www3.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOpportunityCompliance%2f

https://www3.dot.state.fl.us/EqualOpportunityCompliance/Account.aspx/LogIn?ReturnUrl=%2fEqualOpportunityCompliance%2f


DBE BID PACKAGE INFORMATION 275-030-11

EQUAL OPPORTUNITY OFFICE 10/14

Page 2 of 2

DBE/AA Plans Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT Form 275-030-11B) on file with the FDOT Equal Opportunity Office before execution of a contract. DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office prior to the award of the contract. Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a (3) three year period and should be updated at anytime there is a change in the company’s DBE Liaison Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a change in the designated DBE Liaison officer as follows:

Print the first page of the document on company stationery (“letterhead”) that indicates the company’s name, mailing address, phone number, etc.

Print the company’s name in the “___” space; next to “Date” print the month/day/year the policy is being signed; record the signature of the company’s Chief Executive Officer, President or Chairperson in the space next to “by” and print the full first and last name and position title of the official signing the policy.

Print the DBE Liaison’s full name, email address, business mailing address and phone number the bottom of email.

E-mail the completed and signed DBE AA Plan to: [email protected].

The Department will review the policy, update department records and issue a notification of approval or disapproval; a copy of the submitted plan will not be returned to the contractor.


END OF SECTION

Bid Form 00200-1

SECTION 00200 BID FORMS

Project Name: Multi Use Path Phase 6 Seminole Woods Blvd. City Project No.: ITB-CD-CME-15-10 Name of Firm: _____________________________________________________________________________ Contact Name: _____________________________________________________________________________ E-mail Address: ____________________________________________________________________________ Business Mailing Address: ___________________________________________________________________ Business Street Address: _____________________________________________________________________ City/State/Zip: _____________________________________________________________________________ Phone Number: (_______) __________________________________________________________________ Fax Number: (________) ___________________________________________________________________ Contractor License Number: __________________________________________________________________ Pursuant to and in compliance with your notice inviting sealed Bids (Invitation To Bid), Instructions to Bidders, and the other documents relating thereto, the undersigned Bidder, having ensured to its satisfaction that they have familiarized themselves with the terms of the Contract Documents, local conditions affecting the performance of the Work, and the cost of the Work at the place where the Work is to be done, hereby proposes and agrees to perform within the time stipulated in the Contract Documents, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, Material, and tools, expendable Equipment, and all utility and transportation services necessary to perform the Work and complete in a workmanlike manner, all of the Work required in connection with the construction of said Work all in strict conformity with the Plans and Specifications and other Contract Documents, including Addenda Nos. _____________ through _____________, oonn file at the Purchasing and Contracts Division for the Total Bid (Contract Price) hereinafter set forth. The undersigned Bidder agrees that the Work shall be completed according to the schedule set forth in the Contract Documents. The undersigned Bidder further agrees to pay liquidated damages as described in the Contract Documents.

Bid Form 00200-2

Bid prices must be stated in words in accordance with these Instructions to Bidders in the blank space(s) provided for that purpose. Bidder acknowledges that it has read and fully understands all Sections of the Instructions to Bidders. The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm or corporation; and he proposes and agrees, if the proposal is accepted, that they will execute an Agreement with the CITY in the form set forth in the Contract Documents; that it will furnish the Contract Security, Insurance Certificates, Endorsements, and Policies, that it is aware that failure to properly comply with the requirements set out in the "Instructions to Bidders" and elsewhere in the Contract Documents may result in a finding that the Bidder is non-responsive and may cause a forfeiture of the Bid Security. ACCOMPANYING THIS BID IS_________________________________________________________

(insert the word(s) "cashier's check," bidder's bond," certified check," or other security as provided by law, as

the case may be) in an amount equal to at least five percent (5%) of the Total Bid, payable to the

CITY OF PALM COAST, FLORIDA

The undersigned deposits above-named security as a Bid guarantee and agrees that it shall be forfeited

to the CITY as liquidated damages (and not as a penalty in recognition of the complexity and lack of precision

in calculating damages) in case this Bid is accepted by the CITY and the undersigned fails to execute an

Agreement with the CITY as specified in the Contract Documents accompanied by the required Payment and

faithful Performance Bonds with Sureties satisfactory to the CITY, and accompanied by the required

certificates of insurance coverage, and endorsements.

Should the CITY be required to engage the services of an attorney in connection with the enforcement

of this Bid, Bidder promises to pay City’s reasonable attorney's fees and costs (including attorney's fees and

costs on appeals) incurred with or without suit.

We, the Undersigned, hereby declare that no person, persons, firm, or corporation, other than the

undersigned are interested in this Proposal as principals and that this Proposal is made without collusion with

any person, firm, or corporation. CORPORATION/COMPANY Company Name: (Seal) By: (Name typed or printed) By: (Name typed or printed)

Bid Form 00200-3

Address: Telephone No.: (___) FAX No.: (___) Florida State Registration Number: Federal I.D. Tax Number: INDIVIDUAL Name: (Signature) (Name typed or printed) (Title) Address: Telephone No.: (___) FAX No.: (___) County/City Registration Number: Social Security Number: Federal I.D. Tax Number: ______ Attention: Bids shall only be considered from those Bidders who have obtained these Contract Documents from the CITY directly or via the website: palmcoastgov.com/government/purchasing.

BID SCHEDULE

The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Unit Prices. All work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will not be considered incidental to the Contract and no additional compensation will be allowed. Pursuant to and in compliance with your Invitation for Bid, the Instructions to Bidders, and other documents relating thereto, the undersigned hereby agrees to furnish all labor, Materials and Equipment to do the Work in strict accordance with the Contract Documents and all addenda, if any, issued prior to the date of this Bid at the Total Bid herein as follows:

Bid Form 00200-4

ITEM NO. DESCRIPTION QTY UNIT UNIT COST AMOUNT

1. Mobilization LS $ $

2. MOT LS $ $

3. Clearing & Grubbing LS $ $

4. Demolition LS $ $

5. Concrete/ path (4,000 psi) CY $ $

6. Grading SF $ $

7. Miscell. Concrete CY $ $

8. Silt Fence LF $ $

9. Turbidity barrier EACH $ $

10. Sod SF $ $

11. Prepared Soil Layer SF $ $

12. Striping LF $ $

13. Benches, receptacles & plantings EACH $ $

14. Truncated dome mats SF $ $

15. Ditch crossing adjustment – Sta.15+66 LS $ $

16. Canal crossing adjustment – Sta. 43+18.75 LS $ $

17. Guardrail LF $ $

18. Handrail LF $ $

19. Pipe LF $ $

20. Bands EACH $ $

21. Rip Rap EACH $ $

22. Signs New EACH $ $

23. Sign adjustments EACH $ $

24 Maintenance Bond LS $ $

TOTAL AMOUNT OF BID (ITEM NOS. 1 – 24) $ (Figures)

(In Words)

ALT Concrete/ path (2,500 psi) CY $ $

In the event there is a discrepancy between the written total and the sum of the figures, the figures shall be recalculated and the correct total shall be used.

Bid Form 00200-5

UNIT PRICE SCHEDULE (Unit Prices for Adjustment)

The following unit prices, if approved by the CITY, shall be used for adjusting the Contract price for changes in the work (additions or deletions) in accordance with the provisions of an approved change order and any other modifications of the Contract. The Bidder is required to fill in the prices listed below. FAILURE TO COMPLETELY FILL IN THE LIST SHALL CONSTITUTE A NON-RESPONSIVE BID AND SHALL BE A CAUSE FOR REJECTION. Unit prices shall include all labor, materials, equipment, transportation, and supervision representing an in-place price for each item. Scope or size of each item not otherwise indicated is as described in the construction specifications and drawings. The CITY reserves the right to approve or reject the below list on a line item basis:

Bidder Acknowledgements:

1. The Bidder acknowledges that the Total Amount of Bid stated above includes the sum of $250.00 or 1% of the Bid whichever is greater, specific consideration for indemnification.

2. The Bidder acknowledges that the Total Amount of Bid stated above includes compensation for all Work, labor, permits, bonds, equipment, materials, and any and all incidental costs necessary for the proper execution of the required services.

Attention: Bids shall only be considered from those Bidders who have obtained these Contract Documents from the CITY directly or via the website (palmcoastgov.com/government/purchasing).

ITEM DESCRIPTION UNIT UNIT PRICE N/A CY $ N/A SF $ N/A LF $ N/A LF $

Bid Form 00200-6

ATTACHMENT A

DIRECT PURCHASE OF MATERIALS

***Not Applicable to this contract***

Bid Form 00200-7

ATTACHMENT B

MATERIAL AND EQUIPMENT LIST Listed below are items of material and/or equipment proposed for use in the project. The Bidder is required to fill in the manufacturer (THE NAME OF THE MANUFACTURER SHALL BE INSERTED – NOT THE NAME OF THE SUPPLIER) for each listed piece of material and/or equipment. FAILURE TO COMPLETELY FILL IN THE LIST SHALL CONSTITUTE A NON-RESPONSIVE BID AND SHALL BE A CAUSE FOR REJECTION. BIDDER acknowledges that the bid is based on all of the specified products, unless specifically approved in writing by addendum prior to the bid date. SECTION MATERIAL AND/OR EQUIPMENT MANUFACTURER ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ ________________________________ ________________________ By: ____________________________________________________________ Bidder _________________________________________________________________ Authorized Signature _________________________________________________________________ Date

Bid Form 00200-8

ATTACHMENT C

LIST OF PROPOSED SUBCONTRACTORS/SHOP FABRICATORS PROJECT NAME: Multi Use Path Phase 6 Seminole Woods Blvd. CITY PROJECT NO.: ITB-CD-CME-15-01 Work Performed by CONTRACTOR. The CONTRACTOR must perform at least 51 % of the total work as measured by cost (Equipment and labor) within his own organization and excluding Material costs. A failure of the CONTRACTOR to perform the required percentage of Work within his own organization constitutes a Material breach of this agreement. The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Proposal, the major subcontractor and/or shop fabricator used in the prosecution of the work shall be those listed below. Only one (1) subcontractor and/or shop fabricator shall be listed in each category. 2. The following list includes all subcontractors and/or shop fabricators who will perform work. 3. The Bidder represents that the subcontractors and/or shop fabricators listed below are financially responsible and are qualified to do the work required. (Attach additional sheets if necessary.)

PREVIOUS WORK Subcontractor EXPERIENCE % VALUE TOGETHER of total Contract

CATEGORY NAME/ADDRESS YES / NO

__________________________________________________________________________________________

Bid Form 00200-9

ATTACHMENT D

CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY

It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. Name of Consultant: By Date: Authorized Signature Title: Instructions for Certification 1 . By signing and submitting this certification with the proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and/or debarment. 3. 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 when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction', 'debarred', 'suspended', 'ineligible', 'lower tier covered transaction','participant', 'person', primary covered transaction', 'principal', 'proposal', and 'voluntarily excluded', as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 5. 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. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Appendix B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant are not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department may pursue available remedies, including suspension and/or debarment.

Bid Form 00200-10

ATTACHMENT E

TRENCH SAFETY ACT SECTIONS 553.60-553.64, FLORIDA STATUTES

NOTICE TO BIDDERS: In order to comply with the Trench Safety Act, the Bidder is required to specify the costs of compliance. These costs are not a separate pay item. The Bidder must also reference the Trench Safety Standards which will be in effect during construction, and assure in writing that the Bidder will comply with the applicable Trench Safety Standards.

If not applicable, please state so.

Trench Safety Measure Units of Measure Quantity Unit Cost Extended Cost $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

Total $ _______________________________ _______________________________________ Printed Name Bidder Name _______________________________ _______________________________________ Signature Date

Bid Form 00200-11

END OF SECTION

Notice of No Bid 00300-1

SECTION 00300 NOTICE OF NO BID

IF YOU DO NOT INTEND TO BID ON THIS REQUIREMENT, PLEASE COMPLETE AND RETURN THIS FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: CITY OF PALM COAST, PURCHASING AND CONTRACTS DIVISION, 160 CYPRESS POINT PKWY., STE. B-106., PALM COAST, FL 32164. WE, THE UNDERSIGNED, HAVE DECLINED TO BID ON YOUR BID, _ITB-CD-CME-15-01_ FOR THE FOLLOWING REASON(S):

____ Specifications are too "restrictive", i.e., geared toward one brand or manufacturer (please explain below).

____ Insufficient time to respond to invitation to bid.

____ We do not offer this type of service.

____ Our schedule would not permit us to perform.

____ Unable to meet specifications.

____ Unable to meet bond requirements.

____ Specifications unclear (please explain below).

____ Other (please specify below). Remarks: ________________________________________________________________________________

________________________________________________________________________________________

WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR CITY OF PALM COAST FOR FUTURE PROJECTS. _______________________________________________________________________________ Signature _______________________________________________________________________________ Typed Name and Title _______________________________________________________________________________ Company Name _______________________________________________________________________________ Address ______________________________ ______________________ ________________________ Telephone Number Date Fax Number

END OF SECTION

Contract 00500-1

SECTION 00500 CONTRACT

The Draft Contract is representative of the contract the successful bidder shall be required to execute. Any requests for changes to the Contract verbiage must be made prior to bid closing as no changes will be allowed after that date.

THIS CONTRACT is dated as of the ______ day of_____________, 20____, by and between

______________________________________, duly authorized to conduct business in the State of Florida,

whose address is _______________________________________________, hereinafter called the

"CONTRACTOR", and THE CITY OF PALM COAST, a political subdivision of the State of Florida, whose

address is 160 Cypress Point Parkway, Suite B-106, Palm Coast, Florida 32164, hereinafter called the "CITY".

CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

W I T N E S S E T H:

Section 1. Work. CONTRACTOR shall complete all Work as specified or indicated in the Contract

Documents. The Work is generally described as follows:

The contractor shall furnish all labor, material, equipment, tools, supervision, and any other items

required for completing a 10’ wide concrete multi-use path on Seminole Woods Blvd. between US-1 and

Sesame Blvd. The work consists of New Construction including but not limited to site work, clearing,

filling, grading, and construction of concrete path, benches and signs.

The Project for which the Work under the Contract Documents is a part is generally described as

follows: Multi Use Path Phase 6 Seminole Woods Blvd.

Section 2. Engineer.

(a) ENGINEER OF RECORD as named in the Contract Documents shall mean City of Palm Coast,

whose address is 160 Cypress Point Pkwy., Suite B-106, Palm Coast, FL 32164.

Contract 00500-2

(b) Construction Engineering "CE" (post design services) is the CITY’s Engineer or the CITY's

contracted consultant for construction engineering services. According to the Contract Documents, "CE" shall

mean ______________ whose address is ______________________________________.

Section 3. Contract Time.

(a) All provisions regarding Contract Time are essential to the performance of this CONTRACT.

(b) The Work shall be substantially completed as described in subsection 14.13 of the General

Conditions, within ninety (90) calendar days after the date when the Contract Time begins to run as provided in

subsection 2.2 of the General Conditions. The Work shall be finally completed, ready for Final Payment in

accordance with subsection 14.9 of the General Conditions, within thirty (30) calendar days after the actual

date of Substantial Completion.

(c) The parties acknowledge that the Contract Time provided in this Section includes consideration of

adverse weather conditions common to Central Florida including the possibility of hurricanes and tropical

storms.

(d) Float time is allocated specifically to the CONTRACTOR's responsibility for coordination of utility

relocations by subsection 12.1.1.1.3 of the General Conditions is included in the Contract Time provided by this

Section. The CITY will not consider any Contract Time extensions related to utility coordination matters

including, but not limited to, utility relocations and conflicts, unless the utility relocation delays exceed the float

time allowed by subsection 12.1.1.1.3 and also extend the Project Schedule’s Critical Path.

(e) In the event that the Work requires phased construction, then multiple points of Substantial

Completion may be established in the Supplementary Conditions.

Section 4. Contract Price.

(a) CITY shall pay CONTRACTOR for performance of the Work in accordance with the Contract

Documents on the basis of the Total Bid (original Contract Price). The CONTRACTOR's total compensation is

________________________________________________________________ DOLLARS ($____________)

Contract 00500-3

subject only to increases or decreases made in strict conformance with the Contract Documents.

(b) CONTRACTOR agrees to accept the Contract Price as full compensation for doing all Work,

furnishing all Materials, and performing all Work embraced in the Contract Documents; for all loss or damage

arising out of performance of the Work and from the action of the elements or from any unforeseen or unknown

difficulties or obstructions which may arise or be encountered in the prosecution of the Work until the Final

Acceptance; and for all risks of every description connected with the Work.

(c) The CONTRACTOR acknowledges that CONTRACTOR studied, considered, and included in

CONTRACTOR's Total Bid (original Contract Price) all costs of any nature relating to: (1) performance of the

Work under Central Florida weather conditions; (2) applicable law, licensing, and permitting requirements; (3)

the Project site conditions, including but not limited to, subsurface site conditions; (4) the terms and conditions

of the Contract Documents, including, but not limited to, the indemnification and no damage for delay

provisions of the Contract Documents.

(d) The CONTRACTOR acknowledges that performance of the Work will involve significant Work

adjacent to, above, and in close proximity to Underground Facilities including utilities which will require the

support of active utilities, as well as, the scheduling and sequencing of utility installations, and relocations

(temporary and permanent) by CONTRACTOR.

(1) In addition to the acknowledgments previously made, the CONTRACTOR acknowledges

that the CONTRACTOR's Total Bid (original Contract Price) specifically considered and relied upon

CONTRACTOR's own study of Underground Facilities, utilities in their present, relocated (temporary and

permanent) and proposed locations, and conflicts relating to utilities and Underground Facilities.

(2) The CONTRACTOR acknowledges that CONTRACTOR's Total Bid (original Contract

Price) considered and included all of CONTRACTOR's costs relating to CONTRACTOR's responsibilities to

coordinate and sequence the Work of the CONTRACTOR with the work of the CITY with its own forces, the

work of other utility contractors and the work of others at the Project site.

Section 5. Payment Procedures.

Contract 00500-4

(a) CONTRACTOR shall submit Applications for Payment in accordance with Section 14 of the

General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General

Conditions. In the event an ENGINEER is not being utilized, Applications for Payment shall be forwarded to

the City’s Finance Accounts Payable Department.

(b) Progress Payments. CITY shall make progress payments on the basis of CONTRACTOR's

Applications for Payment as recommended by ENGINEER, in accordance with Section 14 of the General

Conditions.

(c) Final Payment. Upon Final Completion and acceptance of the Work in accordance with

subsection 14.9.1 of the General Conditions, CITY shall pay the remainder of the Contract Price as provided in

subsection 14.9.1

Section 6. Additional Retainage for Failure to Maintain Progress on the Work.

(a) Retainage under the Contract Documents is held as collateral security to secure completion of

the Work.

(b) In the event that CONTRACTOR fails to physically mobilize to the Work site as required by

Section 6.19 of the General Conditions, then the CITY may withhold additional retainage to secure completion

of the Work in an amount equal to the product of the number of Days after the 31st Day following the Date of

Commencement of Contract Time and the liquidated damage amount for Substantial Completion set forth in

Section 9 of this CONTRACT. The additional retainage shall be withheld from the initial and each subsequent

Progress Payment. The additional retainage held under this subsection shall be released to CONTRACTOR in

the next Progress Payment following the ENGINEER's approval of a supplementary Progress Schedule

demonstrating that the requisite progress will be regained and maintained as required by subsection 6.19.2 of

the General Conditions.

(c) CITY may withhold additional retainage in anticipation of liquidated damages equal to the

product of the number of Days after the scheduled Contract Time (Substantial Completion or Final Completion)

Contract 00500-5

and the amount of liquidated damages set forth in Section 9 of this CONTRACT if CONTRACTOR is behind

schedule and it is anticipated by CITY that the Work will not be completed within the Contract Time. The

additional retainage, under this subsection, may at the CITY'S discretion be withheld from subsequent Progress

Payments. Any additional retainage held under this subsection shall be released to CONTRACTOR in the next

Progress Payment following the ENGINEER's approval of a supplemental Progress Schedule demonstrating

that the requisite progress will be regained and maintained as required by subsection 6.19.2 of the General

Conditions.

Section 7. Contractor's Representations. In order to induce CITY to enter into this CONTRACT,

CONTRACTOR makes the following representations:

(a) CONTRACTOR has familiarized themselves with the nature and extent of the Contract

Documents, Work, locality, weather, Purchasing and Contracts Procedures, and with all local conditions and

federal, state and local laws, utility locations, ordinances, rules, policies and regulations that in any manner may

affect cost, progress or performance of the Work.

(b) CONTRACTOR has studied carefully and considered in its Bid all reports of investigations and

tests of subsurface and physical conditions of the site affecting cost, progress, scheduling, or performance of the

Work.

(c) CONTRACTOR has studied carefully and considered in its Bid the Plans and Specifications,

performed necessary observations, examinations, and studied the physical conditions at the site related to

Underground Facilities, utility installations, conflicts, re-locations (temporary and permanent) and all other

Underground Facilities and utility related conditions of the Work and site that may affect cost, progress,

scheduling, or any aspect of performance of the Work and that its Bid reflects all such conditions.

CONTRACTOR, by submitting its Bid and executing this CONTRACT acknowledges the constructability of

the Work under the Plans and Specifications. CONTRACTOR by its study, excludes and releases the CITY

from any implied warranties including but not limited to, those arising under the "Spearin Doctrine", that the

Plans and Specifications are adequate to perform the Work.

Contract 00500-6

(d) CONTRACTOR has made or caused to be made examinations, investigations and tests and

studies as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time

and in accordance with the other terms and conditions of the Contract Documents; and no additional

examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such

purposes.

(e) CONTRACTOR has correlated the results of all such observations, examinations, investigations,

tests, reports and data with the terms and conditions of the Contract Documents.

(f) CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies

that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is

acceptable to CONTRACTOR.

(g) The CONTRACTOR declares and agrees that the approval or acceptance of any part of the Work

or Material by the CITY, ENGINEER or any agent relating to compliance with the Contract Documents shall

not operate as a waiver by the CITY of strict compliance with the terms and conditions of the Contract

Documents.

(h) The CONTRACTOR declares and agrees that the CITY may require them to repair, replace,

restore or make all things comply with the Contract Documents including all Work or Materials which within a

period of two (2) years from Acceptance by CITY are found to be Defective or fail in any way to comply with

the Contract Documents. The CONTRACTOR acknowledges that the above two (2) years repair, replace and

restoration period is separate from and additional to CONTRACTOR's warranty that the Work has been

completed in compliance with the Contract Documents. The two (2) years repair, replace and restoration period

is not a limitation upon CONTRACTOR's other warranties or Material and Workmanship Bond.

(i) The CONTRACTOR's resident Superintendent at the Work site shall be:

________________________________ and this Superintendent only shall be utilized by the CONTRACTOR

unless otherwise approved by the CITY Project Manager and following the procedure indicated in the General

Conditions.

Contract 00500-7

(j) CONTRACTOR has studied carefully and considered all permit requirements related to

performance of the Work. CONTRACTOR declares and agrees that all costs related to performing the Work in

compliance with the requirements of all permits at the Contract Price are included in the Contract Price.

CONTRACTOR agrees that CONTRACTOR shall be solely responsible for payment of all fines and penalties

of any nature assessed to the CONTRACTOR or CITY or both by any governmental entity, district, authority or

other jurisdictional entity relating to all permits required for performance of the Work.

(k) CONTRACTOR acknowledges that the performance of the Work under the Contract Documents

fulfills a CITY, CONTRACTOR, and public purpose. To that end, CONTRACTOR agrees to respond to

citizen complaints related to alleged damage caused by CONTRACTOR's performance of the Work within two

(2) days of receipt of the complaint from citizens, ENGINEER, or the CITY. The CONTRACTOR shall utilize

the "Report of Unsatisfactory Materials and/or Service" form to respond separately to each complaint. When a

complaint is brought to the CONTRACTOR by a citizen, the CONTRACTOR shall identify the citizen and

street address in the "Statement of Problem". Responses and action taken by the CONTRACTOR shall

specifically identify the problem specific actions taken. Generic statements such as "addressed the problem"

are unacceptable. If the CONTRACTOR fails to respond within two (2) days, then the CITY may take

corrective action and deduct the actual costs of corrective action from subsequent Progress Payments or the

retainage.

(l) CONTRACTOR acknowledges that the CITY owned property obtained for performance of the

Work within the project limits includes temporary construction easements. In the event that the

CONTRACTOR fails to perform the Work within the Contract Time, then CONTRACTOR shall be solely

responsible for payment of all costs for additional or extended temporary construction easements. The

CONTRACTOR authorizes the CITY to deduct the actual costs of additional or extended temporary

construction easements from subsequent Progress Payments or the retainage.

Section 8. Contract Documents. The Contract Documents which comprise the entire Contract

between CITY and CONTRACTOR are made a part hereof and consist of the following:

Contract 00500-8

(a) This CONTRACT.

a. Federal-Aid Contract Provisions (FHWA Form 1273)

(b) Addenda.

(c) Bid.

(d) American With Disabilities Act Affidavit.

(e) Performance Bond.

(f) Payment Bond.

(g) Material and Workmanship Bond.

(h) Specifications.

(i) Technical Specifications Provided in these Contract Documents

(j) General Conditions.

(k) Supplementary Conditions including utility specific forms provided by the CITY Utility Dept.

(l) Notice To Proceed.

(m) Change Orders.

(n) Certificate of Substantial Completion.

(o) Certificate of Final Inspection.

(p) Certificate of Engineer.

(q) Certificate of Final Completion

(r) CONTRACTOR's Release.

(s) Drawings and Plans.

(t) Supplemental CONTRACTs.

(u) CONTRACTOR's Waiver of Lien (Partial)

(v) CONTRACTOR's Waiver of Lien (Final and Complete)

(w) Subcontractor/Vendor's Waiver of Lien (Final and Complete)

(x) Consent of Surety to Final Payment

Contract 00500-9

(y) Instructions to Bidders

(z) CONTRACTOR's Insurance Requirements, Certificate and Insurance Policies

There are no Contract Documents other than those listed above in this Section 8. The Contract

Documents may only be altered, amended or repealed by a modification as provided in the General Conditions.

Section 9. Liquidated Damages.

(a) The CITY and CONTRACTOR recognize that time is essential to the performance of this

CONTRACT and CONTRACTOR recognizes that the CITY and its traveling public will suffer financial loss if

the Work is not substantially completed as described in subsection 14.13 of the General Conditions within the

time specified below, plus any extensions thereof allowed in accordance with Section 12 of the General

Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal or

alternative dispute resolution proceeding the damages resulting from inconvenience to the traveling public

including traffic loading, intersection operations, costs for time, costs of fuel and costs for some environmental

impacts (excluding actual delay damages which may include, but are not limited to, engineering fees and

inspection costs) suffered by the CITY if the Work is not completed on time. Accordingly, CONTRACTOR

and CONTRACTOR's Surety agree to pay CITY as liquidated damages, and not as a penalty, ONE-

THOUSAND and No/100 DOLLARS ($1,000.00) per Day for each Day CONTRACTOR exceeds the

Contract Time for Substantial Completion until the Work is Substantially Complete. It is agreed that if this

Work is not Finally Completed in accordance with the Contract Documents, the CONTRACTOR shall pay the

CITY as liquidated damages for delay, and not as a penalty, one-fourth (1/4) of the rate set forth above.

(b) The CONTRACTOR shall pay or reimburse, in addition to the liquidated damages specified

herein, the CITY's actual damages which may include but are not limited to expenses for engineering fees and

inspection costs arising from CONTRACTOR's failure in meeting either or both the Substantial Completion and

Final Completion dates.

Contract 00500-10

(c) The liquidated damages provided in this Section are intended to apply even if CONTRACTOR is

terminated, in default, or if the CONTRACTOR has abandoned the Work.

Section 10. Miscellaneous.

(a) Terms used in this CONTRACT which are defined in Section 1 of the General Conditions shall

have the meanings indicated in the General Conditions.

(b) No assignments by a party hereto of any rights under or interests in the Contract Documents will

be binding on another party hereto without the written consent of the party sought to be bound and any such

assignment shall be void and of no effect; and specifically, but without limitation, monies that may become due

and monies that are due may not be assigned without such consent (except to the extent that the effect of this

restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an

assignment, no assignment will release or discharge the assignor from any duty or responsibility under the

Contract Documents.

(c) CITY and CONTRACTOR each binds themselves, their partners, successors, assigns and legal

representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to

all covenants, Contracts and obligations contained in the Contract Documents.

Section 11. Contractor's Specific Consideration. In consideration of the CONTRACTOR's

indemnity CONTRACTs as set out in the Contract Documents, CITY specifically agrees to pay the

CONTRACTOR the sum of TWO HUNDRED FIFTY AND NO/100 DOLLARS ($250.00) or ONE PERCENT

(1%) OF THE CONTRACT SUM WHICHEVER IS GREATER. The CONTRACTOR acknowledges receipt

of the specific consideration for CONTRACTOR's indemnification of CITY and that the specific consideration

is included in the original Contract Price allocated by CONTRACTOR among all pay items - receipt of which is

acknowledged.

Section 12. Notices. Whenever either party desires to give notice unto the other including, but not

limited to, Contract Claims, it must be given by written notice, hand delivered, signed and dated for receipt or

sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended

Contract 00500-11

at the place last specified and the place for giving of notice shall remain such until it shall have been changed

by written notice in compliance with the provisions of this Section. For the present, the parties designate the

following as the respective places for giving of notice, to wit:

FOR CITY OF PALM COAST:

City Manager 160 Cypress Point Parkway, Suite B-106

Palm Coast, Florida 32164

FOR CONTRACTOR:

CONTRACTOR's Superintendent

__________________________________________________

__________________________________________________

__________________________________________________

Section 13. Conflict of Interest.

(a) The CONTRACTOR agrees that it will not engage in any action that would create a conflict of

interest in the performance of its obligations pursuant to this Contract with the CITY or which would violate or

cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government

and the CITY’s Personnel Policies.

(b) The CONTRACTOR hereby certifies that no officer, agent or employee of the CITY has any

material interest (as defined in Section 112.312 (15), Florida Statutes, as over five percent (5%) either directly

or indirectly, in the business of the CONTRACTOR to be conducted here, and that no such person shall have

any such interest at any time during the term of this CONTRACT.

(c) Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies

received from the CITY pursuant to this CONTRACT will not be used for the purpose of lobbying the

Legislature or any other State or Federal Agency.

Contract 00500-12

Section 14. Material Breaches of CONTRACT.

(a) The parties recognize that breaches of the Contract Documents may occur and that remedies for

those breaches may be pursued under the Contract Documents. The parties further recognize that the safety of

the traveling public is of paramount concern. Therefore, the parties agree that any breach of the Contract

Documents related to life safety, including but not limited to, the maintenance of traffic requirements of the

Contract Documents, shall be considered a material breach of the Contract Documents.

(b) Upon a material breach of the Contract Documents related to life safety, as determined by

ENGINEER, the ENGINEER shall issue a stop work order suspending the Work or any specific portion of the

Work until the conditions are corrected. If the life safety conditions giving rise to the stop work order are not

corrected within a reasonable time, as determined by ENGINEER, then the material breach shall entitle CITY

to terminate this CONTRACT. The recognition of breaches of the provisions of the Contract Documents

related to life safety as material breaches shall not be construed as a limitation on other remedies for breaches or

material breaches of the Contract Documents.

IN WITNESS WHEREOF, the parties hereto have signed this CONTRACT. All portions of the

Contract Documents have been signed or identified by the CITY and the CONTRACTOR.

THE CITY OF PALM COAST, FLORIDA CONTRACTOR BY: ___________ BY: Jim Landon, City Manager Corporate Officer DATE:____________________________ ATTEST: _________________ ATTEST: Virginia Smith, City Clerk Secretary

Department Head _________________________

Finance ________________________________

PCMD _________________________________

Contract 00500-13

City Attorney _____________________________

FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, 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. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: 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 (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under

this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 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 contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It 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, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program 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. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all 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 locating and hiring minorities and women. 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 having a large circulation among minorities and women in the area from which the project work force would normally be derived. 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 minorities and women. To meet this requirement, the

contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women 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, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such 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 all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its 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 other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are

applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. 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. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). 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 employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as 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 contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of 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 minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. 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. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. 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 the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours 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; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July 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-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor

will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics 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 issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly 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 29 CFR 5.5(a)(4). 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. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the

Davis-Bacon poster (WH–1321) 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. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an 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. (3) In the event the contractor, the laborers or mechanics to be employed in the 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. The Wage and Hour Administrator, or an authorized representative, will issue a determination 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. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic 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. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor 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, so 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 contracting agency 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. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to

include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, 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 Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) 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 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action 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. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). 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 U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen 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 worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on 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 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's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 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 journeymen hourly

rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as 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 U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman 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 Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan 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. In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

d. 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 construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (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 or mechanic, including watchmen and

guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys 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 same 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 (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 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 contracting agency. 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 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by 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 subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. 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 or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI 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) a 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 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 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 contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the 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 are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 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 a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim 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 construction 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 in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier 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 first tier 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 to enter into this transaction. However, failure of the prospective first tier 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 contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier 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," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first 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 entering into this transaction. g. The prospective first tier 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 Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 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 Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) 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. If 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. 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," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 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 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. 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 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 Government, the

department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 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 participating in covered transactions 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. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (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 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 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. If 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

Performance Bond 00600-1

SECTION 00600 PERFORMANCE BOND (100% of Contract Price)

City of Palm Coast Contract No. ITB-CD-CME-15-01

*THIS FORM MUST BE UTILIZIED – NO OTHER FORM WILL BE ACCEPTED. KNOW ALL MEN BY THESE PRESENTS: that _________________________________________________________________________________ ___

(Name of CONTRACTOR) _________________________________________________________________________________ ___

(Address of CONTRACTOR) Contractor’s Telephone Number: _________________________________________________________ a _________________________________________________________________________, hereinafter

(Corporation, Partnership or Individual) called Principal, and _________________________________________________________________

(Name of Surety) _________________________________________________________________________________ ___

(Address of Surety)

Surety’s Telephone Number: ___________________________________________________________ hereinafter called Surety, are held and firmly bound unto THE CITY OF PALM COAST, 160 Cypress Point Parkway, Ste. B-106, Palm Coast, FL 32164, hereinafter called CITY, in the sum of _______________________________________________________________ DOLLARS, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. City of Palm Coast Telephone Number: __________(386) 986-3730_____________________________ THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the CITY, dated the __________ day of____________, 20___, a copy of which is hereto attached and made a part hereof for the construction of ________________________________________. General description of the Work: The Contractor is responsible for all labor, materials, equipment, coordination, and incidentals necessary to furnish all labor, material, equipment, tools, supervision, and any other items required for completing a 10’ wide concrete multi-use path on Seminole Woods Blvd. between US-1 and Sesame Blvd. The work consists of New Construction including but not limited to site work, clearing, filling, grading, and construction of concrete path, benches and signs.

Bond Number _______________


This Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Contract referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and contracts of said Contract including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Contract, and 2. Pays CITY all liquidated damages, losses, damages, delay damages, expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that CITY sustains resulting directly or indirectly from any breach or default by Principal under the Contract, and 3. Satisfies all claims and demands incurred under the Contract, and fully indemnifies and holds harmless the CITY from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co-equal with each and every obligation of the Principal under the above referenced Contract and the Contract Documents of which the Contract is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Contract Documents of which the Contract is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the CITY for all such loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and costs on appeal) resulting from any failure to perform. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the CITY harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's Work under the Contract under the Bond. The following preventative options by the Surety are encouraged; however, preventative options shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, and (ii) Surety's offers to CITY to buy back the Bond. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii) re-bid and re-let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by CITY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Contract entered into by CITY and Principal without the Surety's knowledge or consent (ii) the discharge of Principal as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. The filing of bankruptcy by the Principal shall be an automatic default under the Contract.


Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. For all contracts entered into on or after October 1, 2012, the contractor is now required to provide the public entity with a certified copy of the recorded bond prior to commencing the work or recommencing the work after a default.

This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. IN WITNESS WHEREOF, this instrument is executed this the _____ day of ____________, 20_____. ATTEST: _______________________________________ Principal (Contractor) By___________________________________ By____________________________________ (Principal) Secretary Name_________________________________ Name__________________________________ (Type) (Type) Title___________________________________ (Corporate Seal)

Address_________________________________ _____________________________________ City/State/Zip___________________________ Witness to Principal Name_________________________________ (Type) _____________________________________ Witness to Principal Name_________________________________ (Type) ATTEST: By___________________________________ _______________________________________ (Surety) Secretary Surety Name_________________________________ Phone No. ______________________________ (Type) Fax No. ________________________________ (Corporate Seal)


_____________________________________ By____________________________________ Witness as to Surety Attorney-in-fact Name_________________________________ Name__________________________________ (Type) (Type) _____________________________________ Witness as to Surety Name_________________________________ Address________________________________ (Type) City/State/Zip___________________________ Phone No. ______________________________ Fax No. ________________________________ NOTE: Date of the Bond must not be prior to date of Contract. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by CITY. All Bonds shall be originals and issued or countersigned by a local producing agent who is a resident of the State of Florida. Attorneys-in-fact who sign Bid bonds or performance/payment bonds must file with such bond a certified copy of their power of attorney to sign such bond. Agents of Surety companies must list their name, address and telephone number on all Bonds.

END OF SECTION

Payment Bond 00610-1

SECTION 00610 PAYMENT BOND

(100% of Contract Price)

City of Palm Coast Contract Number: ITB-CD-CME-15-01

*THIS FORM MUST BE UTILIZIED – NO OTHER FORM WILL BE ACCEPTED. KNOW ALL MEN BY THESE PRESENTS: that ___________________________________________________ _________________________________

(Name of CONTRACTOR) ___________________________________________________ _________________________________

(Address of CONTRACTOR) Contractor’s Telephone Number: _________________________________________________________ a_________________________________, hereinafter after called (Corporation, Partnership, or Individual) Principal, and________________________________________________________________________)

(Name of Surety) ___________________________________________________ _________________________________

(Address of Surety) Surety’s Telephone Number: _____________________________________________________________ herein called Surety, are held and firmly bound unto__________________________________________ THE CITY OF PALM COAST, 160 CYPRESS POINT PARKWAY, SUITE B-106, PALM COAST, FL 32164, hereinafter called "CITY", in the sum of _____________________________________________ DOLLARS, ($____________) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. City of Palm Coast Telephone Number: ___________(386) 986-3730____________________________ THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the CITY, dated the ___________day of ________, 20____, and made a part hereof NAME OF PROJECT. General description of the Work: The Contractor is responsible for all labor, materials, equipment, coordination, and incidentals necessary to construct furnish all labor, material, equipment, tools, supervision, and any other items required for completing a 10’ wide concrete multi-use path on Seminole Woods Blvd. between US-1 and Sesame Blvd. The work consists of New Construction including but not limited to site work, clearing, filling, grading, and construction of concrete path, benches and signs.

Bond Number _______________


NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. 2. It is a specific condition of this Bond that a claimant's right of action on the Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not limited to, the one-year time limitation within which suits may be brought. 3. This Bond is conditioned that the CONTRACTOR shall promptly make payments to all persons defined in Section 713.01, Florida Statutes, whose claims derive directly or indirectly from the prosecution of the Work provided for in the Contract. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty-five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the materials or supplies, or, with respect to rental equipment, within ninety (90) days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the materials or supplies. 4. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Contract Documents. 5. For all contracts entered into on or after October 1, 2012, the contractor is now required to provide the public entity with a certified copy of the recorded bond prior to commencing the work or recommencing the work after a default. 6. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes and not as a common law bond.


IN WITNESS WHEREOF, this instrument is executed this the _____ day of ____________, 20_____. ATTEST: _______________________________________ Principal (Contractor) By___________________________________ By____________________________________ (Principal) Secretary Name_________________________________ Name__________________________________ (Type) (Type)

Title___________________________________

(Corporate Seal)

Address_________________________________

_____________________________________ City/State/Zip___________________________ Witness to Principal Name_________________________________ (Type) _____________________________________ Witness to Principal Name_________________________________ (Type) ATTEST: By___________________________________ _______________________________________ (Surety) Secretary Surety Name_________________________________ Phone No. ______________________________ (Type) Fax No. ________________________________ (Corporate Seal) _____________________________________ By____________________________________ Witness as to Surety Attorney-in-fact Name_________________________________ Name__________________________________ (Type) (Type) _____________________________________


Witness as to Surety Name_________________________________ Address________________________________ (Type) City/State/Zip___________________________ Phone No. ______________________________ Fax No. ________________________________ NOTE: Date of the Bond must not be prior to date of Contract. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by CITY. All Bonds shall be originals and issued or countersigned by a local producing agent who is a resident of the State of Florida. Attorneys-in-fact who sign Bid bonds or performance/payment bonds must file with such bond a certified copy of their power of attorney to sign such bond. Agents of Surety companies must list their name, address and telephone number on all Bonds.

END OF SECTION

Maintenance Bond 00620-1

SECTION 00620 MATERIAL AND WORKMANSHIP BOND

(10% of Final Contract Price)

*THIS FORM MUST BE UTILIZIED – NO OTHER FORM WILL BE ACCEPTED. KNOW ALL MEN BY THESE PRESENTS: THAT WE ________________________________________________________, hereinafter referred to a "Principal" and __________________________________, hereinafter referred to as "Surety" are held and firmly bound unto City of Palm Coast, a political subdivision of the State of Florida, hereinafter referred to as the CITY in the sum of ten percent (10%) of the Contract Price as adjusted under the Contract Documents $_______________ for the payment of which we bind ourselves, heirs, executors, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has constructed certain improvements and other appurtenances in that certain Project described as _______________________________________________________________________; and WHEREAS, the aforesaid improvements were made pursuant to the Contract dated ________________, 20____, and filed with the Purchasing and Contracts Management Division; and WHEREAS, Principal is obligated to protect the CITY against any defects resulting from faulty Materials or Workmanship of said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents. NOW THEREFORE, the conditions of this obligation is such that if Principal shall promptly and faithfully protect the CITY against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements for a period of two (2) years from the date of Final Completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. The CITY shall notify the Principal in writing of any Defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said Defect. The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from CITY, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent cost. Should the Surety fail or refuse to correct said Defects, the CITY, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies against the Principal and Surety and either, both at law and in equity, including specifically, specific performance to which the Principal and Surety unconditionally agree. The Principal and Surety further jointly and severally agree that the CITY at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Principal shall fail or refuse to do so, and in the event the CITY should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the CITY the total cost thereof, including, but not limited to, engineering, legal and contingent cost, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects.

Bond Number _______________

Maintenance Bond 00620-2

IN WITNESS WHEREOF, the Principal and the Surety have executed this Bond this _____ day of _____________, 20____. Address: _____________________________________________ (SEAL) Principal __________________________ By:__________________________Its:____________________ __________________________ (If a Corporation) __________________________

ATTEST:___________________Its:_______________ (If a Corporation) Address: ______________________________________ (SEAL) Surety ___________________________

By:___________________________________________ ___________________________ It’s Attorney-in-Fact ___________________________ Phone No._____________________________________

Fax No. ______________________________________

ATTEST:_____________________________________ Note: Date of the Bond must not be prior to the date of Final Completion. If Principal is a partnership, all partners shall

execute the Bond. If Principal is a joint venture, then all venturers shall execute the Bond. All Bonds shall be originals and issued or countersigned by a local producing agent who is a resident of the State of Florida. Attorneys-in-fact who sign Bid bonds or performance/payment bonds must file with such bond a certified copy of their power of attorney to sign such bond. Agents of Surety companies must list their name, address and telephone number on all Bonds.

END OF SECTION

Insurance 00700-1

SECTION 00700

PROVISIONS FOR CONTRACTOR'S INSURANCE

Section 1 GENERAL The CONTRACTOR shall not commence work until the CONTRACTOR has, at the CONTRACTOR's own cost, procured the insurance required under this Section and such insurance has been approved by the CITY’s Risk Management Purchasing and Contracts Division. 1.1 Before commencing Work, the CONTRACTOR shall furnish the City's Purchasing and Contracts Division with current Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by Section 3 and including the following as Certificate Holder and Additional Interest as noted in Section 3: City of Palm Coast Attn: Purchasing and Contracts Division 160 Cypress Point Parkway, Suite B-106 Palm Coast, FL 32164 The Certificate of Insurance shall provide that the City's Purchasing and Contracts Division shall be given at least thirty (30) days written notice prior to the cancellation, non-renewal or restriction of coverage. Until such time as the insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the City’s Purchasing and Contracts Division with a renewal or replacement Certificate of Insurance at least thirty (30) days before the expiration or replacement of the insurance for which a previous certificate has been provided. 1.2 Notice of Cancellation and/or Restriction: A policy must be specifically endorsed to provide the CITY’S Purchasing and Contracts Division with thirty (30) days notice of cancellation, non-renewal and/or restriction. 1.3 The Certificate shall contain a statement that it is being provided in accordance with the Contract Documents and that the insurance is in full compliance with the requirements of the Contract Documents. Provide further, that in lieu of the statement on the Certificate, the CONTRACTOR shall, at the option of the CITY’s Purchasing and Contracts Division submit a sworn and notarized statement from an authorized representative of the insurer that the Certificate is being provided in accordance with the Contract Documents and that the insurance is in full compliance with the requirements of the Contract Documents. 1.4 In addition to providing the Certificate of Insurance pursuant to the above, if required by the CITY's Purchasing and Contracts Division, the CONTRACTOR shall, within thirty (30) days after receipt of the request, provide the CITY’s Purchasing and Contracts Division with a certified copy of each of the policies of insurance providing the coverage required by Section 3. Certified copies of policies may only be provided by the Insurer, not the Agent/Broker.

Insurance 00700-2

1.5 Before commencing work the CONTRACTOR shall (except as permitted under Section 3.4.5) furnish the City’s Purchasing and Contracts Division with the original of the policy or policies of insurance evidencing the insurance required by Section 3. The policy or policies of insurance shall be signed by the authorized representative of the insurer(s). Until such time as the insurance is no longer required to be maintained by the CONTRACTOR, the CONTRACTOR shall provide the CITY’s Purchasing and Contracts Division renewal or replacement policies of insurance, as required by this Section not less than thirty (30) days before the expiration or replacement of the policies which have previously been provided.

1.6 Neither approval by the CITY’s Purchasing and Contracts Division nor failure to disapprove the insurance furnished by CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for liability, damages and accidents.

1.7 Deductible/self-insured retention amounts must be declared and approved by CITY, and shall be reduced or eliminated upon written request from CITY. The risk of loss within the deductible amount, if any, in the insurance purchased and maintained pursuant to this Section will be borne by CONTRACTOR. 1.8 CITY. The insurer's cost of defense including attorney's fees (and attorney's fees on appeal) shall not be included within the policy limits but shall remain the responsibility of insurer. Any policy which includes defense costs within policy limits must specify same on the certificate. Also, if defense is inside limits, the policy must specify whether defense costs erode any deductible/SIR. 1.9 All policies of insurance required to be purchased and maintained by CONTRACTOR shall provide for the insurer's consent by endorsement or otherwise permitting the CITY to occupy or use any completed or partially completed portion of the Work and providing that such use does not invalidate or void the insurance coverage. 1.10 If not covered under the "all risk" insurance, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work including all Materials stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 1.11 In the event of loss covered by Property Insurance, the proceeds of a claim shall be paid to CITY, and the CITY shall apportion the proceeds between the CITY and CONTRACTOR as their interests may appear. 1.12 Neither CITY’s review of the coverage afforded by or the provisions of the policies of insurance purchased and maintained by CONTRACTOR in accordance with this Section, nor CITY’s decisions to raise or not to raise any objections about either or both, shall in no way relieve or decrease the liability of CONTRACTOR. If the CITY elects to raise an objection to the coverage afforded by or the provisions of the insurance furnished, CONTRACTOR shall promptly provide to CITY such additional information as CITY may reasonably request, and CONTRACTOR shall remedy any deficiencies in the policies of insurance within 10 days. 1.13 CITY's authority to object to insurance shall not in any way whatsoever give rise to any duty on the part of CITY to exercise this authority for the benefit of CONTRACTOR or any other party.

1.14 Additional Insured: The City Council of the City of Palm Coast, Florida, its officials, officers and employees must be included as additional insured under liability policies requested, as shown by entry of Limits of Insurance amounts in Section 4.

Insurance 00700-3

1.15 Coverage: The insurance provided by CONTRACTOR pursuant to the Contract Documents shall apply on a primary and non-contributory basis and any other insurance or self-insurance maintained by the City Council of the City of Palm Coast, Florida or the CITY’S officials, officers or employees shall be excess of and not contributing with the insurance provided by the CONTRACTOR.

1.16 Provision: Commercial General Liability, and the OCP Policy required by the Contract Documents shall be provided on an occurrence rather than a claims-made basis.

Section 2 INSURANCE COMPANY REQUIREMENTS

Insurance companies providing the insurance under the Contract Documents must meet the following requirements.

2.1 Such companies must be either (a) authorized by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida to conduct business in the State of Florida or (b) with respect only to the coverage required by Section 3.1 (Workers' Compensation/Employers' Liability) authorized as a group self-insurer by Florida Statute 440.57.

2.2 In addition, such companies other than those authorized by Florida Statute 440.57 shall have and maintain a Best's Rating of "A-" or better and a Financial Size Category of "VII" or better according to A.M. Best Company.

2.3 If, during the period which an insurance company is providing the insurance coverage required by the Contract Documents, an insurance company shall: 1) lose its Certificate of Authority, 2) no longer comply with Florida Statute 440.57, or 3) fail to maintain the Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY's Purchasing and Contracts Division and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of the Contract Documents. Until such time as the CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to the CITY's Purchasing and Contracts Division, the CONTRACTOR shall be deemed to be in default of the Contract Documents. Section 3 SPECIFICATIONS Without limiting any of the other obligations or liabilities of the CONTRACTOR, the CONTRACTOR shall, at the CONTRACTOR's sole expense, procure, maintain and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this Section. Except as otherwise specified in the Contract Documents, the insurance shall become effective prior to the commencement of Work by the CONTRACTOR and shall be maintained in force until Final Completion or such other time as required by the Contract Documents. The amounts and types of insurance shall conform to the following minimum requirements. 3.1. WORKERS' COMPENSATION/EMPLOYERS' LIABILITY (MANDATORY - NO

EXCEPTIONS) 3.1.1. The CONTRACTOR's insurance shall cover the CONTRACTOR and its subcontractors of every tier for those sources of liability which would be covered by the latest edition of the standard Workers' Compensation and Employers Liability Policy, (NCCI Form WC 00 00 00 A), as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. In addition to coverage for the

Insurance 00700-4

Florida Workers Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employers' Liability Act and any other applicable federal or state law. 3.1.2. Subject to the restrictions of coverage found in the standard Workers' Compensation and Employers’ Liability Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation and Employers’ Liability Policy.

3.2. COMMERCIAL GENERAL LIABILITY 3.2.1. The CONTRACTOR's insurance shall cover the CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Office of Insurance Regulation, without the attachment of restrictive endorsements other than the elimination of Coverage C. Medical Payment and the elimination of coverage for Fire Damage Legal Liability.

3.2.2. The CONTRACTOR shall maintain separate limits of coverage applicable only to the Work performed under the Contract Documents. The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 25 03 or CG 25 04) to a Commercial General Liability Policy with amount specified in Section 4.2. 3.2.3. The CONTRACTOR (applicable to construction contracts only) shall continue to maintain Products/Completed Operations coverage for a period of three (3) years after Final Completion. The insurance shall cover those sources of liability which would be covered by the latest edition of Coverage A of the Commercial General Liability Form (ISO Form CG 00 01) or Coverage A of the Products/Completed Operations Liability Coverage Form (ISO Form CG 00 37), as filed for use in the State of Florida by the Office of Insurance Regulation without restrictive endorsements. The CONTRACTOR shall maintain separate limits of coverage applicable specifically to the Work performed under the Contract Documents. The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be those that would be provided with the attachment of the Amendment of Limits of Insurance (Designated Project or Premises) endorsement (ISO Form CG 25 03 or CG 25 04) with amounts specified in Section 4.2.

Products-Completed Operations $ - PER REQUIRED LIMITS Aggregate Limit

Each Occurrence Limit $ - PER REQUIRED LIMITS

3.3 BUSINESS AUTO POLICY

3.3.1. The CONTRACTOR's insurance shall cover the CONTRACTOR for those sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements. Coverage shall include owned, non-owned and hired autos.

Insurance 00700-5

3.3.2. The minimum limits to be maintained by the CONTRACTOR (inclusive of any amounts provided by an umbrella or Excess policy) are specified in Section 4.3 shall be per accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, the CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the Work under the Contract Documents. The separate aggregate limits to be maintained by the CONTRACTOR shall be a minimum of three (3) times the per-accident limit required and shall apply separately to each policy year or part thereof. 3.4 OWNERS PROTECTIVE LIABILITY COVERAGE

3.4.1. If requested in writing the CONTRACTOR shall provide the CITY's Purchasing and Contracts Division with an Owners and Contractor’s Protective Liability Policy (OCP Policy). The policy shall cover the City of Palm Coast for all sources of liability which would be covered by the latest edition of the standard Owners and Contractor’s Protective Liability Coverage Form - Coverage for Operations of Designated CONTRACTOR (ISO Form CG 00 09), as filed for use in the State of Florida by the Office of Insurance Regulation, without the attachment of restrictive endorsements.

3.4.2. CITY OF PALM COAST, Florida shall be the named Insured on the OCP Policy. The policy shall be endorsed to include the CITY's officials, officers and employees as insureds. The OCP Policy shall include the CONTRACTOR and the CONTRACTOR's subcontractors of every tier as designated in the declarations.

3.4.3. The minimum OCP Policy limits to be provided by the CONTRACTOR (inclusive to any amounts provided by an Umbrella or Excess policy) are specified in Section 4.4.shall be per occurrence combined single limit for bodily injury liability and property damage liability. If the OCP Policy limits are subject to an aggregate, the separate aggregate limits to be provided by the CONTRACTOR shall be a minimum of three times the per occurrence limit required and shall apply separately to each policy year or part thereof. The limits afforded by the OCP Policy (or Excess policy if any) shall apply only to the City of Palm Coast, Florida and the CITY 's officials, officers and employees and only to claims arising out of or in connection with the Work under the Contract Documents.

3.4.4. Notice of Cancellation and/or Restriction: A policy must be specifically endorsed to provide the CITY's Purchasing and Contracts Division with thirty (30) days notice of cancellation and/or restriction.

3.4.5. As an alternative to providing the CITY with OCP Coverage, CONTRACTOR may satisfy the requirements of this Section by naming the Owner (and if required, the Engineer) as Additional Insured on the CONTRACTOR's Commercial General Liability policies (inclusive of any amounts provided by an Umbrella or Excess policy. 3.5 BUILDER'S RISK When work includes construction of and/or a major addition per City’s identification to above ground buildings or structures, including bridges, a Builder’s Risk coverage must be provided if determined by City as follows: 3.5.1 Form: All Risk Coverage. Coverage is to be no more restrictive than that afforded by the latest editions by the latest edition of Insurance Services Office Forms CP 00 20 and CP 10 30.

Insurance 00700-6

3.5.2 Waiver of Occupancy Clause or Warranty: Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The policy must be endorsed to provide the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s), or structure(s) by the CITY. 3.5.3. The minimum limits to be maintained by the CONTRACTOR are as specified in Section 8.5. 3.5.4 Loss Payee: the City of Palm Coast of Flagler County, Florida, must be included as loss payee. 3.5.5 The CITY retain the right to waive this clause and obtain this coverage at their own cost. 3.5.6 The Builder Risk limit will be 100% of the completed value to include any change order necessary to avoid any Co-Insurance penalty.

3.6 FLOOD INSURANCE: Notice of Cancellation and/or Restriction: The policy must be

specifically endorsed to provide the CITY's Purchasing and Contracts Division with thirty (30) days notice of cancellation and/or restriction.

3.6.1 Buildings: When buildings or structures are located within an identified special flood hazard

area, flood insurance must be afforded for the lesser of the total insurable value of such buildings, structures and contents or the maximum amount of flood insurance coverage available under the National Flood Program.

3.6.2 Equipment: When the machinery or equipment is located within an identified special flood

hazard area, flood insurance must be afforded for the lesser of the total insurable value of such equipment or the maximum amount of flood insurance coverage available under the National Flood Program.

3.7 INSTALLATION FLOATER

If the Work includes the installation of machinery and/or equipment into an existing structure, the

following insurance coverages must be provided on that machinery and/or equipment. 3.7.1 Form: "All Risk" including Installation and Transit.

3.7.2 Cessation of Insurance: Coverage is not to cease and is to remain in force (subject to

cancellation notice) until Final Acceptance.

3.7.3 Loss Payee: The City of Palm Coast City Council, Florida, its officials, officers and employees must be included as loss payee. Section 4 COVERAGE

The insurance provided by CONTRACTOR pursuant to the Contract Documents shall apply on a primary basis and any other insurance or self-insurance maintained by the City Council of the City of Palm Coast, Florida or the CITY's officials, officers or employees shall be excess of and not contributing with the insurance provided by the CONTRACTOR. Section 5 PROVISION

Insurance 00700-7

Workers' Compensation Policy, Commercial General Liability, Business Auto Policy and the OCP Policy required by the Contract Documents shall be provided on an occurrence rather than a claims-made basis. Section 6 OBLIGATIONS Compliance with the foregoing requirements shall not relieve the CONTRACTOR, its employees or agents of liability from any obligations under a section or any other portions of the Contract Documents. Section 7 AGREEMENT In consideration of the contract, if awarded, the CONTRACTOR shall agree without reservation to indemnification and insurance clauses of the Contract Documents. Section 8 REQUIRED LIMITS OF INSURANCE

The minimum amounts of insurance (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows:

8.1 Workers' Compensation/Employers' Liability

8.1.1 Part One: There shall be no maximum limit (other than as limited by the applicable statute) for

liability imposed by the Florida Workers' Compensation Act, the Longshoremen's and Harbor Workers' Compensation act or any other coverages required by the Contract Documents which are customarily insured under Part One of the standard Workers' Compensation Policy.

8.1.2 Part Two: The minimum amount of coverage required by the Contract Documents which are

customarily insured under Part Two of the standard Workers' Compensation Policy shall be:

Each Accident $ 500,000 Disease-Policy Limit $ 500,000 Disease-Each Employee $ 500,000

8.2 Commercial General Liability:

General Aggregate $Two (2) Times the Each Occurrence Limit Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000

8.3 Business Auto Policy:

Each Occurrence Bodily Injury and Property Damage Liability Combined $1,000,000 Annual Aggregate (if applicable) $Two (2) Times the Each Occurrence Limit

Insurance 00700-8

8.4 Owners Protective Liability Coverage:

General Aggregate Limit (Keep Higher for Road Projects) $Two (2) Times the Each

Occurrence Limit Products/Completed Operations Aggregate $6,000,000 Personal and Advertising Injury $3,000,000 Each Occurrence $3,000,000

8.5 Builders Risk: Is required for this project - Amount of Insurance (See Section 3.5.3): 100% of

the completed value Maximum Deductible: $50,000

8.5.1. Owners Protective Liability Coverage: The minimum OCP Policy limits per occurrence and, if subject to an aggregate, annual aggregate to be provided by the CONTRACTOR shall be the same as the amounts shown above as the minimum occurrence and policy aggregate limits respectively required for the Commercial General Liability Coverage. The limits afforded by the OCP Policy and any excess policies shall apply only to the CITY and the CITY 's officials, officers, agents and employees and only to claims arising out of or in connection with the Work under the Contract Documents. Requirement for OCP Policy shall be waived provided the CONTRACTOR shall require that its insurer name the CITY (and if required, the Engineer) as Additional Insured on the CONTRACTOR’s Commercial General Liability (inclusive of amounts provided by an Umbrella or Excess policy).

8.6 Property Insurance: 100% of the completed value of such addition(s), building(s), or structure(s).

8.6.1. Maximum Deductible: $5,000 each claim.

8.7 Installation Floater:

8.7.1 Amount of Insurance: If the Contract Documents do not include construction of or additions to

above ground buildings or structures, but do involve the installation of machinery or equipment, the CONTRACTOR shall provide an Installation Floater with the minimum amount of insurance to be 100% of the "installed replacement cost value" of such addition(s), building(s) or structure(s).

8.7.2 Maximum Deductible: $5,000 each claim.

END OF SECTION

General Conditions 00800-1

SECTION 00800

TABLE OF CONTENTS

DIVISION 0 OF THE STANDARD SPECIFICATIONS GENERAL CONDITIONS

Sections Page 1. Definitions/Interpretations 2 2. Preliminary Matters 8 3. Contract Documents; Intent and Reuse 10 4. Availability of Lands; Physical Conditions; Reference Points 11 5. Bonds 15 6. Contractor's Responsibilities 16 7. Work by Others 45 8. City's Responsibilities 47 9. Engineers' and Engineer of Record’s Status During Construction 48 10. Changes in the Work 53 11. Changes in Contract Price or Contract Time 55 12. Schedules 62 13. Warranty/Guarantee, Tests/Inspections, Connections, Defective Work 65 14. Payments to Contractor and Completion 69 15. Suspension of Work and Termination 75 16. Miscellaneous 78 17. Measurement and Payment 80 18. Contract Claims Resolution 82


SECTION 1 - DEFINITIONS/INTERPRETATIONS

1.1 Definitions. Whenever used in the Contract Documents, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof. Addenda - Written or graphic instruments issued prior to the date for opening Bids which modify or interpret the Bidding Documents by additions, deletions, corrections or clarifications. Acceptance, Final Acceptance - The formal action by CITY accepting the Work as being complete after certification by ENGINEER of Final Completion. Agreement - The written Agreement between CITY and CONTRACTOR covering the Work to be performed; other Contract Documents are incorporated in or referenced in the Agreement and made a part thereof as provided therein. Apparent Low Bidder - The Bidder submitting the lowest Bid at the Bid opening without correction of numerical discrepancies or determination of responsiveness and responsibility. Application for Payment - The form furnished in the Contract Documents which is to be used in processing Partial or Final Payments to CONTRACTOR and which shall contain an affidavit by CONTRACTOR that Partial Payments theretofore received from CITY on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations stated in prior Applications for Payment. The application includes such supporting documentation as required by the Contract Documents. Bid - The offer or proposal of a Bidder submitted in the prescribed manner on the prescribed forms to perform the Work in accordance with the Contract Documents. Bidder - The individual, partnership, corporation, joint venture, or other legal entity or combination thereof submitting a Bid for the Work directly to CITY through an authorized representative. Bidding Documents - The Invitation For Bid, Instructions to Bidders, Bid Forms, Addenda, Bid Bond, Sworn Statement Under Section 287.133(3)(a), Florida Statutes, Bidder Information, Non-Collusion Affidavit Of Bidder, Certificate of Non-segregated Facilities, List of Subcontractors and Major Materials Suppliers, Plans and Specifications, Agreement, General Conditions, Contract Documents, Bonds, Technical Specifications if applicable, CONTRACTOR's Insurance Requirements, Certificates, and Insurance Policies. Bid Security - The security designated in the Instructions to Bidders. Bonds - Instruments of security furnished by CONTRACTOR and his Surety in accordance with the Contract Documents. Change Order - A written instrument issued on or after the Effective Date of the Agreement, which when duly executed by CITY and CONTRACTOR amends the Contract Documents to provide for changes in the Work or in the provisions of the Contract Documents, or changes in Contract Price or Contract Time, or any combination thereof.


CITY – City of Palm Coast, a political subdivision of the State of Florida; the owner. Consultant - The professional engineer or engineering firm registered in the State of Florida who performs professional engineering services for the CITY other than CITY personnel. The Consultant may be the ENGINEER OF RECORD or may provide services through and be subcontracted to the ENGINEER OF RECORD. Contract Claim - Any dispute arising out of or related to the Contract Documents between the CITY and CONTRACTOR including, but not limited to, any demand or assertion by one of the parties seeking any equitable adjustment of the Contract Price, Contract Time or other relief with respect to the Contract Documents. Contract Documents - Those documents named in Section 8 of the Agreement. Contract Price - The total compensation, subject to authorized adjustments, payable by CITY to CONTRACTOR for satisfactory completion of all Work under the Contract Documents as stated in the Agreement. Contract Time - The period of time allotted in the Contract Documents, subject to authorized adjustments, for Substantial Completion and Final Completion of the Work, or other interim completion dates identified in the Contract Documents. CONTRACTOR - The individual, partnership, corporation, joint venture, or other legal entity or combination thereof who has entered into the Agreement with CITY for the performance of the Work. The term "CONTRACTOR" means CONTRACTOR or its authorized representative. Controlling Work Items - Those Work items that are directly interrelated such that each has a definite influence on progress of the critical path scheduling of the overall Work. Cost and Pricing Data - Refers to all data available to or relied upon by CONTRACTOR in negotiating, pricing or costing Work covered by a Change Order or a Change Request, or involved in a Contract Claim. Date of Commencement of the Contract Time - The date given by the Notice to Proceed when the Contract Time commences to run. Day - A calendar day of Twenty Fout (24) hours lasting from midnight one day to midnight the next day. Defect or Defective - A reference to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Final Acceptance (unless responsibility for the protection thereof has been assumed by CITY). Drawings, Plans - The drawings, plans or reproduction thereof, which show scope, character, location, dimensions, and other details of the Work to be performed under the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the last of the two parties to sign.


ENGINEER - The City of Palm Coast CITY Engineer or Owner’s Representative acting directly or through duly authorized representatives or Consultants who may serve as the CITY’s ENGINEERS for construction, engineering and inspection; such representatives or Consultants acting within the scope of the duties and authority assigned to them. ENGINEER OF RECORD - The professional engineer or engineering firm contracted with by the CITY or employed by CITY and registered in the State of Florida who develops criteria and concept for the Work, performs the analysis and is responsible for the preparation of the Plans and Specifications. The ENGINEER OF RECORD may be CITY in-house staff or a Consultant retained by the CITY. Equipment - The Machinery and Equipment, together with the necessary supplies for upkeep and maintenance thereof; also, the tools and all other apparatus necessary, for the construction and acceptable completion of the Work. Field Order - A written instrument issued by ENGINEER to CONTRACTOR which orders minor variations in the Work, as opposed to a change in the Work, and which does not involve an adjustment in Contract Price or Contract Time. Final Completion - That date when (a) the Work is complete in accordance with the Contract Documents including the minor items identified during the inspection described in these General Conditions, and (b) the CONTRACTOR has submitted its request for Final Payment including the CONTRACTOR's Release and all Subcontractor Affidavits. General Conditions - Division I of the Standard Specifications. Holidays - Days designated by the CITY OF PALM COAST as legal holidays. These days are: New Year's Day - January 1st Martin Luther King's Birthday - Third Monday in January Memorial Day - Last Monday in May Independence Day - July 4th Labor Day - First Monday in September Veteran's Day - November 11 Thanksgiving Day - Fourth Thursday in November Day After Thanksgiving Day - Day After Fourth Thursday Christmas Eve - December 24th Christmas Day - December 25th Inspector or Field Representative - An authorized representative of the ENGINEER, assigned to make official inspections of the Materials furnished and of the Work performed by the CONTRACTOR. Laws and Regulations; Laws or Regulations - Laws, Rules, Regulations, Ordinances, and/or court or administrative Orders of the federal, state and local governments. Low Bidder - The lowest responsive, responsible Bidder. Lump Sum - A pay item within the Contract Documents, which is paid without regard to quantities or units of measure.


Major Item of Work - Any item of Work having an original value in excess of five percent of the original Contract Price shall be considered as a major item of Work. Materials - Any substances to be incorporated in the Work under the Contract Documents. Notice of Award - The written notice of the acceptance of the Bid from CITY to Low Bidder. Notice to Proceed - The written notice issued by CITY to CONTRACTOR authorizing it to proceed with the Work and establishing the Date of Commencement of the Contract Time. Owner - Refer to definition of CITY OF PALM COAST. Payment Bond - The security furnished by CONTRACTOR and its Surety as a guarantee that CONTRACTOR will pay in full all bills and accounts, from claimants as defined in Chapter 713, Florida Statutes, or as amended, for Material, labor, services and supplies used directly or indirectly in the prosecution of the Work. The covered amount of the Payment Bond is separate and distinct from the covered amount of the Performance Bond. Plans - The approved plans, including reproductions thereof, showing the location, character, dimensions and details of the Work to be done. Performance Bond - The security furnished by CONTRACTOR and its Surety as a guarantee that CONTRACTOR will perform all of its contractual obligations in accordance with the terms of the Contract Documents. The covered amount of the Performance Bond is separate and distinct from the covered amount of the Payment Bond. Progress Schedule - All documentation related to the planning and scheduling of the Work as described in the Contract Documents. Project - The total construction of which the Work to be provided under the Contract Documents is a part as indicated elsewhere in the Contract Documents. Project Manager/Coordinator - The authorized representative of ENGINEER who is assigned to the Project. Qualified – The meaning of qualified shall be the same as “Responsible”. Responsive bid – A bid in which the bidder describes the work in the same fashion as the City. A responsive bid means that the bid is submitted on the correct forms and contains all the required information, signatures and notarizations.

Responsible bid - Includes financial resources and ability. In addition, the City may consider the honesty and integrity of the bidder necessary to a faithful performance of the contract and upon his skill and business judgment, his experience and his facilities for carrying out the contract, his previous conduct under other contacts, the quality of his work and his pecuniary ability. Request for Information (RFI) - CONTRACTOR's inquiries for information as submitted on the Request for Information form included in the Contract Documents.


Right-of-Way (R-O-W) - The land which the CITY has title to, or right of use, for the road and its structures and appurtenances, and for Material pits furnished or to be furnished by the CITY. Shop Drawings - All Drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate Material or Equipment for some portion of the Work, specifically indicating how CONTRACTOR will comply with the Contract Documents. Specifications - The directions and provisions contained herein, together with all stipulations contained in the Contract Documents, setting out or relating to the quality of the Work or conditions under which Work shall be performed, or to the quantities and qualities of Materials and labor to be furnished under the Contract Documents. Standard Specifications - The covenants, directions, provisions and requirements set forth in Division I "General Conditions" set forth in this document, Division II "Construction Details" and Division III "Materials". Division II "Construction Details" and Division III "Materials" are incorporated by reference to Florida Department of Transportation's Standard Specifications For Road and Bridge Construction, (2015) except as amended under this contract. Subagreement - A contract or purchase order awarding a part of the Work under the Contract Documents to a Subcontractor, Supplier or other person or entity. Subcontractor - An individual, partnership, corporation, joint venture, or other combination thereof having a Subagreement with CONTRACTOR for (a) the performance of labor in connection with part of the Work at the site; or (b) for both performing labor in connection with part of the Work at the site and furnishing items of Materials or Equipment for incorporation into the Work. Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof who has a Subagreement with another Subcontractor to perform any of the Work at the site. Substantial Completion - That date when (a) the Work is complete in accordance with the Contract Documents, with the exception of the minor items identified during the inspection described in these General Conditions, and (b) the Work can be utilized for the purposes for which it is intended, as may be evidenced by successful completion of all specified pre-operational start-up and demonstration tests. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Superintendent - The CONTRACTOR's authorized representative, who must be a principal or employee of the CONTRACTOR, in responsible charge of the Work. Supplemental Agreement - A written agreement between the CONTRACTOR and the CITY, and signed by the Surety, modifying the contract within the limitations set forth in the Standard Specifications. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, Supplier, distributor, materialman or vendor.


Surety - The corporate body which is bound by the Bonds required by the Contract Documents with and for the CONTRACTOR and which agrees to be responsible for performance of the Work for which the Agreement has been made and for payment of all costs pertaining thereto. Technical Specifications - Directions and provisions relating to the quality of the Work or conditions under which Work shall be performed and described in the Technical Specifications section of these Contract Documents. Total Bid - Amount stated in the Bid Form by the Bidder as the Bidder's offer to furnish all labor, Materials and Equipment to perform all Work in strict accordance with the Contract Documents. If an Agreement is awarded to a Bidder, the Total Bid amount shall be the Contract Price. 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. Unit Price - Amount stated in the Contract Documents as a price per unit of measurement for Materials or services required in the Work. Unit Price Work - Work to be paid on the basis of Unit Prices. Value Engineering Change Proposal - A cost reduction proposal initiated and developed by the CONTRACTOR for the purpose of refining the Contract Documents so as to contribute to design cost effectiveness or significantly improve the quality of Work. Warranty Period - The period of time within which CONTRACTOR shall promptly, without cost to CITY and in accordance with CITY’s written instructions, either correct Defective Work or, if it has been rejected by CITY, remove it from the site and replace it with non-Defective Work. The Warranty Period does not limit the CONTRACTOR's warranty that the Work has been completed in accordance with the Contract Documents. Work - All labor, permits, bonds, equipment, Materials and incidentals required for the construction of the improvement by the Contract Documents, including, but not limited to, superintendence, use of Equipment and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract Documents. Unless otherwise specified herein or in the Contract Documents, all costs of liability and of performing the Work shall be at the CONTRACTOR's expense. 1.2 Interpretations. 1.2.1 Any reference to a Section or subsection in these General Conditions without identification of the particular Section or subsection shall mean a reference to these General Conditions. 1.2.2 Each Section in these General Conditions is composed of sub-sections, numbered as this subsection 1.2 is numbered; parts, numbered as this part 1.2.2 is numbered; and sub-parts - all of which are generally referred to as subsections. A reference to a sub-section means a reference to the entire sub-section, or to a part, or a sub-part, or any combination of them, depending on the intent of the reference.


1.2.3 Often, the Contract Documents omit the modifying word "all" and "any", and the articles "the" and "an". However, omitting modifiers or articles from, or inserting any of them into, a statement shall not in any way affect the meaning or interpretation of either statement. 1.3 Abbreviations. AAN American Association of Nurserymen, Inc. AASHTO American Association of State Highway and Transportation Officials AGC The Associated General Contractors of America, Inc. AISI American Iron and Steel Institute ANSI American National Standards Institute,Inc. AREA American Railway Engineering Association ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWPA American Wood Preservers Association AWWA American Water Works Association CRSI Concrete Reinforcing Steel Institute FDOT Florida Department of Transportation FSS Federal Specifications and Standards IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IPCEA Insulated Power Cable Engineers Association MUTCD Manual on Uniform Traffic Control Devices NEC National Electrical Code (As recommended by the National Fire Protection Association) NEMA National Electrical Manufacturers Association SAE Society of Automotive Engineers SSPC Steel Structures Painting Council Each of the above abbreviations, when followed by a number or letter designation, or combination of numbers and letters, shall be understood to designate a specification, test method or other code or recommendation of the particular authority or organization so shown.

SECTION 2 - PRELIMINARY MATTERS

2.1 Copies of Documents. CITY shall furnish to CONTRACTOR one copy of the Contract Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies. 2.2 Commencement of the Contract Time; Notice to Proceed. 2.2.1 The Contract Time will commence to run on the Day indicated in the Notice to Proceed. The Notice to Proceed may indicate a Date of Commencement of the Contract Time any time within thirty days after the Effective Date of the Agreement. 2.2.2 CONTRACTOR shall start to perform the Work on the Date of Commencement of the Contract Time. No Work shall be done at the site prior to the date on which the corresponding Contract Time commences to run unless otherwise authorized in writing by CITY.


2.2.3 Prior to the issuance of a Notice to Proceed, a preconstruction conference shall be attended by the CONTRACTOR and his subcontractors, ENGINEER and CITY and other entities as applicable to the Work at which time a date will be established for the issuance of the Notice to Proceed. Thereafter, the Notice to Proceed shall be sent by the CITY’s Purchasing and Contracts Division for execution no later than five (5) calendar days prior to the date listed on the Notice to Proceed. The CONTRACTOR shall return the executed Notice to Proceed to the CITY by the date indicated on the Notice to Proceed. The failure of the CONTRACTOR to comply with this provision will not change the Contract Time. 2.3 Before Starting Construction. 2.3.1 Before undertaking each part of the construction, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR or any of his Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; provided, however, CONTRACTOR shall not be liable to CITY or ENGINEER for failure to report any conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof. 2.3.2 Before starting construction, CONTRACTOR shall submit to ENGINEER for review a preliminary Progress Schedule indicating the starting and completion dates of the various stages of the Work, a proposed schedule of Shop Drawing submissions, and a listing of manpower and cash flow projections through the Contract Time. 2.3.3 CITY or ENGINEER will review and return the schedules submitted in accordance with this Section and CONTRACTOR, if required, shall revise, adjust or modify and resubmit acceptable schedules at least thirty (30) Days following the Notice To Proceed date or ten (10) days before submission of the first Application for Payment whichever shall first occur. 2.3.4 Before starting construction, the CONTRACTOR shall initiate his coordination and scheduling of the work by utility contractors, the CITY’s own forces, and others performing work at the Project site by directly contacting the superintendent of each person performing work at the Project site to review the projected schedules of each other entity performing work at the Project site to assure that CONTRACTOR's Progress Schedule and meeting discussions address the starting and completion dates of all aspects of the work at the Project site whether the work is being performed by CONTRACTOR or others. 2.4 Preconstruction Conference. Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. CONTRACTOR shall attend such conference and shall require any or all of its Subcontractors and Suppliers, as CITY directs, to attend the conference. For Projects and Work involving the CITY Utilities Division, a separate utilities preconstruction conference shall be scheduled between the CITY, ENGINEER, CONTRACTOR, utility subcontractors and appropriate CITY Utilities Division personnel. After the utilities preconstruction conference, the CITY Utilities Division is responsible for issuance of an Underground Utilities Permit. No Work involving CITY utilities may commence until the Underground Utilities Permit is issued.


SECTION 3 - CONTRACT DOCUMENTS; INTENT AND REUSE.

3.1 Applicable Law; Intent. 3.1.1 The Contract Documents comprise the entire agreement between CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be governed by the laws of the State of Florida and venue shall be in Flagler County for state actions and the Middle District of Florida for federal actions. 3.1.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, Materials or Equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, Materials or Equipment, such words shall be interpreted in accordance with that meaning. Reference to specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental entity whether such reference be specific or by implication, shall mean the latest specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of CITY, CONTRACTOR, ENGINEER OF RECORD or ENGINEER, or any of their consultants, agents or employees from those expressly set forth in the Contract Documents, nor shall it assign to CITY or ENGINEER, or any of their consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Sections 8 or 9 of these General Conditions. 3.2 Priority of the Contract Documents. 3.2.1 If, during the performance of the Work, the CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once, and before proceeding with the Work affected thereby, shall obtain a written interpretation or clarification from ENGINEER. However, CONTRACTOR shall not be liable to CITY or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. ENGINEER will promptly investigate the matter and respond to CONTRACTOR with an interpretation or clarification. After CONTRACTOR's discovery of such a conflict, error or discrepancy, or after the date when CONTRACTOR should have reasonably known thereof, until the interpretation or clarification is obtained from ENGINEER, any Work done by CONTRACTOR which is directly or indirectly affected by same, will be at CONTRACTOR's own risk and CONTRACTOR shall bear all costs and delay arising therefrom. 3.2.2 In resolving conflicts, errors or discrepancies, the Contract Documents shall be construed as one, what is required by one document shall be construed as being required by all Contract Documents. 3.2.3 If an issue of priority pertains to Divisions II and III of the Standard Specifications and the Drawings, figured dimensions shall govern over scaled dimensions, but Work not dimensioned shall be as directed, and Work not particularly shown, identified, sized, or located shall be the same as similar parts that are shown or specified. Further, detail Drawings shall govern over general drawings, larger scale drawings take precedence over smaller scale drawings, Change Order Drawings govern over Contract Drawings, and Contract


Drawings govern over standard or Shop Drawings. In all cases where notes, specifications, sketches, diagrams, details or schedules in the Specifications or in the Drawings, or between the Specifications and the Drawings, conflict, the higher cost requirement shall be furnished by CONTRACTOR, unless otherwise directed by ENGINEER. 3.2.4 If the issue of priority is due to a conflict or discrepancy between express provisions of the Contract Documents and any referenced specification, manual, or code of any technical society, organization or association, the provisions of the Contract Documents will take precedence if they are more stringent or presumptively cause a higher level of performance. If there is any conflict or discrepancy between standard specifications, manuals, or codes of any technical society, organization or association, or between Laws or Regulations, the provision with the higher cost requirement shall be binding on CONTRACTOR, unless otherwise directed by ENGINEER. 3.2.5 In accordance with the intent of the Contract Documents, CONTRACTOR recognizes and accepts that compliance with the priority order specified shall not justify an increase in Contract Price or extension in Contract Time. 3.3 Use of Forms Provided. Unless CITY provides in writing to the contrary, only those forms provided by CITY with the sole exception of the Bid Bond shall be used and no modifications or substitutions shall be allowed. 3.4 Re-use of Documents. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization (other than the CITY) shall acquire any title to or have ownership rights of any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER OF RECORD; and they shall not be reused on extensions of the Project or any other project nor shall they be generally published without written consent of CITY.

SECTION 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS

4.1 Availability of Lands. 4.1.1 CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, Rights-of-Way and easements (permanent or temporary construction easements), and those other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by CITY, unless otherwise provided in the Contract Documents. Any additional lands, Rights-of-Way and easements not furnished by CITY that CONTRACTOR deems necessary including, but not limited to, requirements for temporary construction facilities, access and egress, or for storage, shall be obtained by CONTRACTOR at no increase in Contract Price or extension in Contract Time, and CONTRACTOR shall confine his operations to those areas furnished by CITY or obtained at its expense. 4.1.2 CONTRACTOR shall obtain permits and written approvals (and submit copies to CITY before utilization of those areas) from the appropriate governmental entity or property owner(s), for use of lands not furnished by CITY; and for all lands which include borrow pits, waste and disposal areas, such permits and approvals shall specify their treatment during and at completion of construction.


4.1.3 Access to CITY or public structures, hydrants, valves, manholes, fire alarms, etc., shall not be obstructed by CONTRACTOR. CONTRACTOR is to make no connections to or operate valves on water mains or otherwise interfere with the operation of the water system, without first giving written notice to and securing written approval from the appropriate governmental entity. 4.2 Physical Conditions (Including Underground Facilities). 4.2.1 The Contract Documents may identify reports of explorations and tests of subsurface conditions at the site, and those drawings of physical conditions in or relating to existing surface and subsurface structures or Underground Facilities owned by CITY which are at or contiguous to the site, that have been utilized by ENGINEER OF RECORD in preparation of the Contract Documents. CONTRACTOR shall have full responsibility for physical conditions, and Underground Facilities owned by CITY or others, shown or indicated in the Contract Documents. 4.2.2 The information and data shown or indicated in the Contract Documents with respect to Underground Facilities owned by others at or contiguous to the site is based on information and data furnished to CITY or ENGINEER OF RECORD by the owners of such Underground Facilities or by others. CITY, ENGINEER and ENGINEER OF RECORD shall not be responsible for the accuracy or completeness of any such information or data, and, CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. 4.2.3 If the Contract Documents necessitate amending to order changes in the Work due to Underground Facilities owned by the CITY or others, whether they be shown or indicated or newly discovered, CITY shall authorize the required changes in the Work by Change Order. If those Underground Facilities owned by the CITY or others cause or will cause delays in the performance or extend completion of all part of the Work, CONTRACTOR shall absorb all related delay, extension or accelaration costs, however caused; except that, if CITY and CONTRACTOR agree that the delays require a change in Contract Time, CITY shall authorize the necessary change in Contract Time only to the extent that such delays exceed thirty (30) days impact to controlling Work items. However, an extension in Contract Time, when and if so granted shall be CONTRACTOR'S sole and exclusive remedy with respect to CITY for any delay, disruption, interference, inefficiency, acceleration, extension or hindrance and associated costs, however caused, resulting from variance in the location or configuration of Underground Facilities owned by the CITY or others shown or indicated, or from newly discovered Underground Facilities owned by the CITY or others. Unless it prejudices Work already excavated and uncovered, CONTRACTOR shall schedule layout, excavation and uncovering of Work or Underground Facilities a sufficient time in advance to allow ENGINEER’s review, and the possible amending or supplementing of the Contract Documents. 4.3 Differing Physical Conditions (not including Underground Facilities). CONTRACTOR shall promptly, after becoming aware thereof, and before the conditions are disturbed, notify ENGINEER in writing of any subsurface or latent physical conditions, encountered at or contiguous to the site which differ materially from those indicated in the Contract Documents; unknown and unexpected physical conditions encountered or uncovered at or contiguous to the site, of an extremely unusual nature, differing materially from those ordinarily encountered at or contiguous to the site which differ materially from those indicated in the Contract Documents; unknown and unexpected physical conditions encountered or uncovered at or contiguous to the site, of an extremely unusual nature, differing materially from those ordinarily encountered and not generally recognized as inherent in Work of the character provided for in the Contract Documents.


4.4 Resolution of a Report of Differing Physical Conditions. 4.4.1 Promptly after receipt of notice from CONTRACTOR, ENGINEER will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests, and advise CITY in writing of his findings and conclusions. Until such time when CONTRACTOR resumes the affected Work (and at all times thereafter), CONTRACTOR shall be responsible for the safety and protection of the affected Work. 4.4.2 If the CITY, with the advice of ENGINEER, concludes that the conditions do materially differ, and that the Contract Documents need to be amended, CITY shall, without invalidating the Agreement and without notice to any Surety by duly executed Change Order, order the necessary changes in the Work, as long as CITY has not exercised its rights to terminate the Agreement. Upon receipt of that order, CONTRACTOR shall promptly proceed or continue with the Work involved pursuant to the conditions stated in the order. 4.4.3 If the CITY, with the advice of ENGINEER, concludes that the Contract Documents need to be supplemented only, appropriate minor deviations in the Work shall be authorized by a Field Order issued by ENGINEER. CITY’s determination that the Contract Documents do not need to be amended shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to CITY written notice of a Contract Claim within seven (7) days of receipt of the applicable Field Order stating the precise justification for such contrary assertion. Such matters shall then be resolved by the ENGINEER in accordance with the Contract Documents. 4.4.4 If any change in the Work required due to differing physical conditions causes an increase or decrease in CONTRACTOR's cost of or the time required for the performance of all or part of the Work, CITY shall make an adjustment in Contract Price or Contract Time or both, subject to the provisions of this Section, and Sections 10 and 11. 4.4.5 No proposal by CONTRACTOR for an adjustment under this Section, nor Contract Claim by CONTRACTOR for an adjustment on account of differing physical conditions, shall be allowed unless CONTRACTOR has given the written notice required in subsection 4.3. 4.5 Special Requirements for Underground Facilities. CONTRACTOR shall have full responsibility: a) for locating any and all Underground Facilities including utilities shown or indicated as to depth and alignment in advance of excavation; b) for identifying the owner of any newly discovered Underground Facility and promptly notifying that owner and ENGINEER of that discovery; c) for shoring, blocking, and protecting Underground Facilities including utilities shown, indicated or discovered; d) for coordination, scheduling and sequencing of the Work with the owners of all Underground Facilities shown, indicated or discovered; e) for repairing any damage done to the satisfaction of those owners, to the extent that the damage was due to CONTRACTOR's failure to adhere to the requirements of this subsection or subsection 4.2.2., or to the fault or negligence of CONTRACTOR; and f) for the safety and protection of any affected Work, and for repairing any damage done to the Work. Except as otherwise provided in subsection 4.2.3., all costs involved and time required to perform these responsibilities shall be considered as having been included in the Contract Price and in the CONTRACTOR's schedule for the performance of the Work within the Contract Time, even if the Contract Documents need amending to authorize minor deviations or changes in the Work due to those Underground Facilities including utilities.


4.6 Engineering and Layout. 4.6.1 The ENGINEER will provide centerline control points (Begin Project, End Project, PIs, PTs, etc.) and bench marks at appropriate intervals along the line of the Project to facilitate the proper layout of the Work. Normally, only one bench mark will be furnished for water crossings. The CONTRACTOR shall preserve all reference points and bench marks furnished by the CITY. As an exception to the above, for Projects where the Plans do not show a centerline or other survey control line for construction of the Work (e.g.; resurfacing, safety modifications, etc.) the ENGINEER will provide only points marking the beginning and ending of the Project and all exceptions. 4.6.2 The CONTRACTOR shall furnish all stakes, templates and other Materials necessary for establishing and maintaining of the lines and grades necessary for control and construction of the Work. 4.6.3 Utilizing the control points furnished by the CITY in accordance with subsection 4.6.1, the CONTRACTOR shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge and miscellaneous items. When the Work includes utility construction to be done by the CONTRACTOR, he shall also establish all horizontal and vertical controls necessary to carry out such Work. The ENGINEER may assist in coding of input, arrange for processing by the CITY’s computer and furnish computer output; however, ENGINEER’s assistance shall not release CONTRACTOR from CONTRACTOR's responsibility. 4.6.4 On Projects involving construction of new base, stakes to establish lines and grades for subgrade base, curb and related items shall be set at intervals along the line of the Work no greater than Fifty (50) feet on tangents and Tweny Five (25) feet on curves. Grade stakes shall be set at locations directed by the ENGINEER to facilitate checking of subgrade, base and pavement elevations in crossovers, intersections and irregular shaped areas. For bridge construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. For Projects where the Plans do not show a centerline or other survey control line for construction of the Work (resurfacing, safety modifications, etc.) only such stakes as necessary for horizontal and vertical control of Work items will be required. For resurfacing and resurfacing widening type Projects, the CONTRACTOR shall establish horizontal controls adequate to assure that the asphalt mix added coincides with the existing pavement. In tangent sections, horizontal control points shall be set at one hundred (100) foot intervals by an instrument survey. In curbs sections, horizontal control points shall be set at twenty five (25) foot intervals by locating and referencing the centerline of the existing pavement. The CONTRACTOR shall reference the beginning and ending of each no passing zone for use during temporary striping operations. The CONTRACTOR shall establish by an instrument survey and mark on the surface of the finished pavement at twenty five (25) foot intervals, points necessary for striping of the finished roadway. As an exception, for resurfacing and resurfacing-widening Projects, these points shall be established in the same manner as used for horizontal control of paving operations. Marks shall be made with white paint. If striping is included in the Work to be done by the CONTRACTOR, an alternate method for layout of striping may be approved by the ENGINEER provided that the alignment achieved is equal to or better than that which would be achieved using an instrument survey. For Projects with permanent striping by the CONTRACTOR, the measurement and analysis in order to establish the location and length of no-passing zones shall be accomplished by approved electronic methods consisting of a minimum of two distance measuring devices, and shall be in accordance with Sections 3B-4 and 3B-5 of the MUTCD. For all Projects, a station identification stake shall be set at each right-of-way line at 100-foot intervals and at all locations where a change in right-of-way width occurs. Each of


these stakes shall be marked with painted numerals, of sufficient size to be readable from the roadway, corresponding to the Project station at which it is located. As an exception to the above, for Projects where Plans do not show right-of-way lines, station identification stakes shall be set at locations and intervals appropriate to the type of Work being done. For resurfacing and resurfacing-widening Projects, station identification stakes shall be set at two hundred (200) foot intervals. 4.6.5 The CONTRACTOR shall employ only competent personnel and utilize only suitable Equipment in performing layout Work. He shall not engage the services of any person or persons in the employ of the CITY for performance of layout Work. Adequate field notes and records shall be kept as layout Work is accomplished. These field notes and records shall be available for review by the ENGINEER as the Work progresses and copies shall be furnished to the ENGINEER at the time of completion of the Project. Any inspection or checking of the CONTRACTOR's field notes or layout Work by the ENGINEER and the acceptance of all or any part thereof, shall not relieve the CONTRACTOR of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the Work, the CONTRACTOR shall mark in a permanent manner on the surface of the completed Work all horizontal control points originally furnished by the CITY. 4.6.6 The cost of performing layout Work as described above shall be included in the Unit Prices for the various items of Work to which it is incidental.

SECTION 5 - BONDS 5.1 Performance, Payment and Other Bonds.

5.1.1 CONTRACTOR shall furnish a Performance Bond, a Payment Bond and a Material and Workmanship Bond, each with good and sufficient surety. The Performance Bond shall be in an amount equal to 100% of the Contract Price; the Payment Bond shall be in an amount equal to 100% of the Contract Price; the Material and Workmanship Bond shall be in an amount equal to 10% of the Contract Price (including any direct purchases by the City) as adjusted in the Final Application For Payment. The Contractor shall deliver any required bond(s) and power(s) of attorney to the Owner prior to commencement of the Work. All bonds shall remain in effect after the date of Final Completion of the entire Work, except as otherwise provided by Laws or Regulations, or the other provisions of the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. The Performance Bond requirement in the Contract Documents shall inure solely to CITY’s benefit and its successors or assigns, as obligee, and no other person shall have any right of action based thereon. 5.1.2 All Bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable Laws and Regulations and be in the form prescribed by the Contract Documents. All Bonds shall be executed by such Sureties as are licensed to conduct business in the state of Florida and, except as otherwise provided by Laws and Regulations, are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of its authority to act. 5.1.3 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its license to do business in the state of Florida is terminated or it ceases to meet the requirements of the Contract Documents, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be in accordance with the Contract Documents and acceptable to CITY.


5.1.4 In addition to the other bonding requirements, the Surety(ies) named on the Bonds submitted by CONTRACTOR pursuant to the Contract Documents shall be subject to the approval of CITY. If CITY has a reasonable objection to the proposed Surety, CITY may request CONTRACTOR to submit an acceptable substitute without an increase in the CONTRACT price. If CONTRACTOR declines or is unable to make any such acceptable substitution, CITY may, at its sole option, rescind the Notice of Award, and any award of the Contract to CONTRACTOR will be of no effect.

SECTION 6 - CONTRACTOR'S RESPONSIBILITIES

6.1 Supervision and Superintendence. 6.1.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for all means, methods, techniques, scheduling, sequences and procedures of construction, for providing adequate safety precautions, for coordinating all portions of the Work under the Contract Documents, and for enforcement of order and cooperation among CONTRACTOR's employees and all Subcontractors and Suppliers. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.1.2 CONTRACTOR shall keep on the Work site at all times during its progress a competent resident Superintendent, who shall not be replaced without written notice to ENGINEER. The CONTRACTOR's resident Superintendent shall be a principal or employee of CONTRACTOR. CITY may, at its sole discretion, require replacement of the Superintendent, in which case CONTRACTOR shall submit an acceptable replacement at no increase in Contract Price nor extension in Contract Time. The Superintendent shall be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to CONTRACTOR. Whenever the Superintendent is not present on any particular part of the Work where the ENGINEER may desire to inform the CONTRACTOR relative to interpretation of the Plans and Specifications or regarding disapproval or rejection of Materials or Work performed, the ENGINEER may so inform the foreman or other workers in charge of the particular part of the Work in reference to which the information is given. Information so given shall be as binding as if given to the Superintendent. 6.1.3 The Superintendent and similar authorized representatives of any Subcontractor, Supplier or other person or organization shall attend all meetings pertaining to the Work, as requested by CITY or ENGINEER. 6.1.4 No Work shall be performed by any Subcontractors without the CONTRACTOR's Superintendent physically present on the Work site. 6.1.5 The CONTRACTOR's Superintendent at all pre-construction and Project meetings shall discuss the Progress Schedule and summary bar charts relating to coordination and scheduling including, but not limited to, CONTRACTOR's coordination of utility installations, relocations (temporary and permanent), CITY work, and the work of others at the Project site. 6.2 Personnel and Working Hours. 6.2.1 CONTRACTOR shall at all times maintain good discipline and order at the site.


6.2.2 CONTRACTOR shall provide competent, qualified personnel to perform construction as required by the Contract Documents. Contractor shall employ a Professional Land Surveyor with current Florida registration to survey and lay out the Work (in accordance with any additional provisions included in the Supplementary Conditions). CONTRACTOR is fully responsible to provide a sufficient number of skilled workers and supervisory personnel to perform the Work and assure that the Work is completed within the Contract Time. Failure to fully man the Project with supervisory personnel and skilled workers shall be cause for termination of CONTRACTOR. 6.2.3 Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Supplementary Conditions, all Work at the site shall be performed during normal Working hours, and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday or any Holiday without CITY’s written consent given after prior written notice to ENGINEER. Normal Working hours shall be defined as the CONTRACTOR's normal eight hour Working period occurring between the hours beginning at 7:00 a.m. and ending at 6:00 p.m., exclusive of Saturdays, Sundays, or Holidays. Work during other than normal Working hours may be scheduled by CONTRACTOR if they first obtains written permission from CITY. 6.2.4 CITY shall be entitled to deduct from the Contract Price, by issuing a Change Order, CITY’s extra costs incurred in connection with CONTRACTOR's performance of Work during hours other than normal Working hours. Such costs may include, but shall not be limited to, ENGINEER’S charges to CITY while acting as CITY’s representative (including charges outside of normal Working hours for Construction Manager, Field Representatives, and Inspectors), CITY’s costs incurred in the performance of CITY’s responsibilities as set forth in the Contract Documents, and other related costs. 6.2.5 CONTRACTOR shall not hire/employ any independent contractors during the term of this Contract without the express written approval of the City. 6.3 Apprentices. CONTRACTOR's utilization of apprentices shall conform to the provisions of Chapter 446, Florida Statutes. 6.4 CONTRACTOR's Responsibilities for Furnishing. Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all Materials, Equipment, labor, transportation, construction Equipment and machinery, tools, appliances, fuel, power, light, heat, ventilation, cooling, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5 Items of Material or Equipment. 6.5.1 All Materials and Equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of Materials and Equipment. All Materials and Equipment shall be handled, stored, applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to ENGINEER, or any of CITY’s or ENGINEER’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility assigned to CONTRACTOR under the Contract Documents.


6.5.2 Manufacturers' or Suppliers' warranties for all Materials, products and Equipment to be furnished by CONTRACTOR and to be incorporated into the completed Work shall be furnished to CITY through CONTRACTOR. 6.5.3 CONTRACTOR shall obtain from Suppliers of all Materials, products and Equipment, complete information as to any special condition or restriction to be applied in the use of these items. Should the manner or method of installation, specified performance or test results as set forth in the Specifications be contrary to the manufacturer's recommendations for use of the product, CONTRACTOR shall notify ENGINEER in writing of such conflict as soon as reasonably possible, but no later than the time of Shop Drawing submittal including those products. Failure to provide such written notice before proceeding with the Work affected thereby shall be certification by CONTRACTOR that the Specification requirements will be met by the Materials, products and Equipment, and that the cost and time required to perform or complete the Work affected thereby have been included in the Contract Price and in the schedule for the performance of the Work within the Contract Time. 6.5.4 Data submitted on all Equipment shall include complete operation and maintenance instructions (including preventive maintenance and operating requirement data) and parts lists in sufficient detail to facilitate ordering replacements. Such submittals shall conform to any additional requirements provided in the Contract Documents. 6.6 Wood Products. Except as may be otherwise provided by Laws or Regulations, pursuant to Chapter 225, Florida Statutes, lumber, timber and other forest products specified in the Contract Documents shall be produced and manufactured in Florida whenever such products are available, provided that price, fitness and quality are equal to other available products. This requirement does not apply where plywood is specified for monolithic concrete forms. 6.7 Equivalent Materials and Equipment. 6.7.1 Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, Materials or Equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or Equipment proposed is equivalent to that named. 6.7.2 Requests for review of substitute items of material and Equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or Equipment CONTRACTOR shall, within ten (10) Days prior to the opening date to allow a proper review without impacting the schedule, make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application shall state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service shall be indicated. The application shall also contain an itemized estimate of all increases or decreases in (1) the cost of, or the time required to perform any part of the Work, and the corresponding adjustments in Contract Price and Contract Time, resulting directly


or indirectly from evaluation and acceptance of the proposed substitute, including, but not as a way of limitation, costs and delays associated with redesign, or claims of other contractors affected by the resulting substitute; and (2) increases or decreases in operating, maintenance, repair, replacement or spare part costs, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.3 ENGINEER shall be the sole judge of acceptability, and no substitute shall be ordered or installed without ENGINEER’s prior written acceptance. However, CITY reserves the right to reject any proposed substitute which would result in an increase in Contract Price or Contract Time, and CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other Surety with respect to any substitute. If approval is given, CONTRACTOR shall not be excused from producing Work in conformity with the requirements of the Contract Documents. 6.7.4 ENGINEER will record time required by ENGINEER, ENGINEER OF RECORD and their consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Drawings or Specifications occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CITY shall be entitled to deduct from the Contract Price, by issuing a Change Order, CITY’s costs including the charges of ENGINEER, ENGINEER OF RECORD and their consultants for evaluating any proposed substitute. 6.7.5 The net difference in cost between the substitute item and that specified shall benefit CITY and CONTRACTOR in equal proportions. If ENGINEER estimates that the deduction proposed by CONTRACTOR does not, in its opinion, reflect the sharing of costs in the portions described above, this shall be adequate justification to reject the proposed substitution. 6.7.6 CONTRACTOR assumes sole responsibility for verifying that the proposed substitute items are in accordance with the requirements of the Contract Documents, and that the dimensions, arrangement, design and construction details, and all other features of substitute items are suitable for their intended purpose. 6.7.7 In the event that a substitute item differs materially from the specified item of Material or Equipment, and said difference was not expressly identified in CONTRACTOR's request for the substitution, or the incorporation of the substitute into the Work results in a change(s) to the Work or in the function or general design of the Project, ENGINEER will have authority to require the removal and replacement of said substitute. 6.8 Concerning Subcontractors, Suppliers and Others. 6.8.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including but not limited to those who are to furnish the principal items of Materials or Equipment), whether initially or as a substitute, against whom CITY or ENGINEER may have reasonable objection. A Subcontractor, Supplier or other person or organization identified in writing to CITY and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by CITY or ENGINEER prior to the Notice of Award will be deemed acceptable to CITY or ENGINEER. Acceptance of any Subcontractor, Supplier or other person or organization by CITY or ENGINEER shall not constitute a waiver of any right of CITY or ENGINEER to reject Defective Work by CONTRACTOR or any Subcontractor, Supplier or any other person or organization. If CITY or ENGINEER after due investigation has reasonable objection to any Subcontractor, Supplier or other person or organization proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substitute. Such Subcontractor, Supplier person or organization shall neither commence nor continue Work after CITY or ENGINEER objects to said entity.


In the event that any such reasonable objection and acceptable substitute will cause additional expense or extend performance of the Work, or part thereof, beyond the Contract Time for the Work, or part thereof, CONTRACTOR may make a request for an adjustment in Contract Price or Contract Time. However, any changes in Contract Price made under this subsection shall exclude any adjustments for any increases in CONTRACTOR's costs in connection with an increase in Contract Time resulting from the reasonable objection and acceptable substitute submitted pursuant to this subsection. In any such case, the extension in Contract Time so granted, if any, shall be CONTRACTOR's sole and exclusive remedy for delay, disruption, interference, inefficiency, acceleration, hindrance and costs thereto. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization against whom CONTRACTOR has reasonable objection. 6.8.2 CONTRACTOR shall give prompt written notice to CITY with copy to ENGINEER of CONTRACTOR's intent to remove or replace a Subcontractor, Supplier or other person. 6.8.3 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and Suppliers 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 CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or ENGINEER and any Subcontractor or Supplier or other person or organization having a Subagreement with CONTRACTOR, nor shall it create any obligation on the part of CITY or ENGINEER to pay or to see to the payment due any Subcontractor, Supplier or other person or organization, except as may otherwise be required by law. CITY 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. No Subcontractor, Supplier or other person or organization shall be a third party beneficiary of this Contract. 6.8.4 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. The divisions of the Specifications are complementary, and anything mentioned or shown in a division of the Specifications or in a specific trade Drawing shall be of like effect as if shown in all divisions of the Specifications and in all Drawings. In addition to other requirements in the Contract Documents, Shop Drawings of a specific trade shall be compared to and coordinated with those from other trades by CONTRACTOR before submission to ENGINEER. 6.8.5 All Work performed for CONTRACTOR by a Subcontractor, Supplier or other person or organization will be pursuant to an appropriate Subagreement between CONTRACTOR and the Subcontractor, Supplier or other person or organization which specifically binds the Subcontractor, Supplier or other person or organization to the applicable terms and conditions of the Contract Documents for the benefit of CITY. 6.8.6 If requested in writing by CITY, CONTRACTOR shall deliver to CITY a copy of each Subagreement with a Subcontractor, Supplier or other person or organization performing a part of the Work within seven (7) days of CITY’s request. 6.9 Patent Fees and Royalties. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work, and its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, it shall remain the responsibility of CONTRACTOR to assume all costs incident


to the use in the performance of the Work or the incorporation in the Work of said invention, design, process, product or device. Whenever CONTRACTOR is required or desires to use any design, device, material or process covered by letters, patent, trademark or copyright, the right for such use shall be provided for by suitable legal agreements with the patentee or owner, and a copy of this Agreement shall be filed with ENGINEER. However, whether or not such agreement is made or filed as noted, CONTRACTOR and CONTRACTOR's Surety in all cases shall indemnify and hold harmless and defend CITY and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including but not limited to charges of engineers, architects, other professionals and attorneys' fees and attorneys' fees on appeal and all costs of defense or appeal) arising out of any infringement of letters, trademark, patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.10 Permits. Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility service companies for utilities service to accomplish the Work. CONTRACTOR shall meet all requirements of all permits and licenses and shall be responsible for all fines, assessments, and penalties of any nature assessed against the CONTRACTOR or CITY or both relating to any permit violation. 6.11 Laws and Regulations. 6.11.1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the Work. If CONTRACTOR observes that the Contract Documents are at variance therewith, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order (subject to the provisions of Sections 3, 10, and 11). If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom. 6.11.2 CONTRACTOR shall pay all sales, consumer, use and other taxes required to be paid by it in accordance with the Laws and Regulations of the place of the Project, except as otherwise specifically indicated in the contract documents. 6.12 Use of Premises. 6.12.1 CONTRACTOR shall confine construction Equipment, the storage of Materials and Equipment and the operations of workers to areas permitted by Laws and Regulations, rights-of-way, easements, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction Equipment or other Materials or Equipment. CONTRACTOR shall assume full responsibility for any damage to any such property, or to the owner or occupant thereof or of any other property, caused or alleged to have been caused by or incident to the execution of this Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. 6.12.2 Notwithstanding the designation of Project limits or the indication of temporary fences or barricades, the provisions of the Contract Documents governing certain phases or portions of the Work, such as trenching and landscaping, may require that certain operations be carried out beyond such limits. Those


operations, if required beyond such designated limits, shall be scheduled in such a manner as to cause or occasion a minimum of inconvenience or disturbance to or interference with the normal operation of CITY, abutters and the public. CONTRACTOR shall obtain CITY’s prior approval and all necessary approvals from others, governmental entities and utility companies for such operations, and prosecute such operations expeditiously and restore the affected property to its original condition immediately upon completion of such operations, unless otherwise specified in the Contract Documents. All those areas on which temporary driveways or walks are routed shall be restored to their original condition, immediately when normal routing can be reinstated, unless otherwise specified in the Contract Documents. Pumping, draining and control of surface and groundwater shall be carried out so as to avoid endangering the Work or any adjacent facility or property, or interrupting, restricting or otherwise infringing or interfering with the use thereof. 6.12.3 Except as specifically arranged with the owners of adjacent premises, CONTRACTOR shall avoid any encroachment on adjacent premises. It is specifically agreed that CONTRACTOR shall repair and make good any damage to adjacent premises or improvements thereon caused by its operation, including any damage or loss to the tenant of such adjoining premises or to the owners thereof, whether to buildings, stocks of merchandise, trade fixtures, or otherwise. 6.12.4 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction Equipment and machinery, and surplus Materials, and shall leave the site clean and ready for occupancy by CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.12.5 CONTRACTOR shall not load or permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to loads that will endanger it. 6.12.6 During the progress of the Work, CONTRACTOR shall maintain the Project premises including, but not limited to, all property owned by the CITY and all easements (temporary and permanent). CONTRACTOR shall implement a grass mowing schedule for all property within the Project premises including all property owned by the CITY and all easements (temporary and permanent). The grass mowing schedule shall assure that grass and weeds within the Project premises do not exceed eighteen inches (18") in height. 6.13 Record Documents. CONTRACTOR shall maintain in a safe place at the site, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Change Requests, Field Orders correspondence, field test records, contractor's daily reports and construction photographs, and written interpretations and clarifications in good order, and annotated to show all changes made during construction. These record documents, together with all approved samples and shop drawings will be available at all times during regular Working hours to ENGINEER and CITY. In addition, CONTRACTOR shall submit on a daily basis two (2) copies of the preceding day's daily report to the CITY through ENGINEER. The record drawings shall be marked up as the Work progresses to reflect current conditions and shall become the "as-built" plans. The revisions are to be indicated in a neat, well-organized manner and are to include the elevation and plan location of all utilities, structures, etc., encountered or installed. A "record" survey book shall be kept and shall include the following items:


1. The location and elevation of all existing Underground Facilities, utilities, structures, etc. encountered.

2. The finished location and elevation of all Underground Facilities, utilities and structures installed, including, but not limited to, fire hydrants, catch basin and manhole lids, inverts, pipes, curbs, driveways, pavement and any and all underground structures.

All record notes shall be kept in book(s) designated "record" and no other survey notes will be kept in such books. CONTRACTOR will be required to review with ENGINEER the status of the as-built plans and the record survey notes in connection with ENGINEER’s evaluation of each Application for Payment. Failure to maintain record documents current shall be just cause to withhold payments for Work performed. Upon completion of the Work, ENGINEER shall deliver to the CONTRACTOR a reproducible set of current Plans. CONTRACTOR will transfer all his as-built information to these reproducibles and deliver the resultant as-built set of plans, together with the record survey book to ENGINEER for CITY. Each completed set of "As-Built" drawings must include on its face, a certified statement by the CONTRACTOR'S Professional Land Surveyor that the set of "As-Built" drawings accurately depicts the actual Work as constructed. 6.14 Safety and Protection. 6.14.1 CONTRACTOR shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons (including but not limited to the general public) who may be affected thereby; all the Work and all Materials or Equipment to be incorporated therein, whether in storage on or off the site; and other property at the site, adjacent thereto, or utilized by CONTRACTOR including but not limited to trees, shrubs, lawns, walks, pavements, roadways, structures, Underground Facilities and utilities not designated for removal, relocation or replacement in the course of construction regardless of whether such other property is indicated in the Contract Documents. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as ENGINEER issues a notice to CITY and CONTRACTOR that the Work is acceptable. 6.14.2 All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR at his sole cost. 6.14.3 CONTRACTOR shall comply with all applicable Laws and Regulations of any governmental entity having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss including, but not limited to, OSHA (Public Law 91-596) and the Contract Work Hours and Safety Standards Act (Public Law 91-54); and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall designate a responsible member of his organization at the site whose duties shall be preventing accidents and insuring compliance with all applicable safety regulations. This person shall be CONTRACTOR's Superintendent unless otherwise designated in writing by CONTRACTOR to CITY. 6.14.4 When the performance of the Work requires the use of shoring, sheet piling and other special construction related to excavation, and when required by Laws or Regulations, CONTRACTOR shall cause the design of said shoring, sheet piling and other special construction to be performed by a registered professional engineer licensed in the State of Florida. CONTRACTOR shall submit, as a Shop Drawing, a certification by the registered engineer, stating that it has complied with this requirement. CONTRACTOR shall meet all


requirements of such designs prepared by a registered engineer. In addition to any requirements imposed by law, CONTRACTOR shall shore up, brace, underpin, and protect as may be necessary, all foundations and other parts of all existing structures adjacent to and adjoining the site of the Work which are in any way affected by the excavations or other operations connected with the performance of the Work. 6.14.5 CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. Whenever any notice is required to be given by CITY or CONTRACTOR to any adjacent or adjoining landowner or other party before commencement of any Work, such notice shall be given by CONTRACTOR. 6.14.6 CONTRACTOR shall take reasonable care during construction to avoid damage to vegetation. Ornamental shrubbery and tree branches shall be temporarily tied back, where appropriate, to minimize damage. Trees which receive damage to branches shall be trimmed of those branches to improve the appearance of the tree. Tree trunks receiving damage from Equipment shall be treated with a tree dressing. 6.14.7 At all times CONTRACTOR shall, and shall cause his Subcontractors and Suppliers to, carefully protect its and their Work, Materials, Equipment, and supplies against damage or injury from the weather. If in the opinion of ENGINEER any of the above has been damaged or injured by reason of failure on the part of CONTRACTOR, any Subcontractor or Supplier to perform according to the requirements of this provision, said Work, Materials, Equipment and supplies shall be removed and replaced at the expense of CONTRACTOR. 6.14.8 CONTRACTOR shall notify ENGINEER of any job site injuries at the Project site. Serious injuries shall be verbally reported to the ENGINEER within two (2) hours of occurrence of the incident. CONTRACTOR shall submit a written report of each serious injury to ENGINEER within twenty-four (24) hours of occurrence of the incident. CONTRACTOR shall prepare injury reports regardless of whether the injury is to the CONTRACTOR's personnel, subcontractors, CITY personnel or other persons. 6.14.9 Prior to mobilization, CONTRACTOR shall submit to ENGINEER a copy of CONTRACTOR's safety plan. CONTRACTOR's safety plan shall adhere to, but not be limited to, the following requirements: 6.14.9.1 Trench Safety Procedures; 6.14.9.2 Confined Space Entry Procedures; 6.14.9.3 Compliance with all U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) requirements applicable to the Work; 6.14.9.4 Assurance that a first aid person is designated, phone numbers of physicians, hospitals and ambulance services must be posted at the site, assurance that a first aid kit is available at the job site; 6.14.9.5 Provide all necessary personnel protective equipment including as necessary, but not limited to, the following: hard hats, safety glasses, respirators, ear protection, protective clothing; 6.14.9.6 Assure observation of all applicable speed limits;


6.14.9.7 Provide all necessary safety equipment including as necessary, but not limited to, the following: barricades, flags and flagmen, bracing, shoring and sloping at excavations and scaffolds. 6.14.9.8 The safety plan shall assure proper use of lasers or other activities involving combustibles; 6.14.9.9 The safety plan shall assure that during welding and cutting operations, the CONTRACTOR shall provide appropriate fire watchmen and fire extinguishers; 6.14.9.10 CONTRACTOR's safety plan shall assure that all heavy equipment shall be equipped as required by all applicable OSHA, ANSI, or other regulations. 6.14.10 No provision of these Contract Documents or the requirement that CONTRACTOR provide a copy of CONTRACTOR's safety plan shall be effective to assign to ENGINEER or to the CITY, their Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work relating to CONTRACTOR's responsibility for safety or any duty or authority to undertake responsibility assigned to CONTRACTOR under the Contract Documents. 6.15 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or CITY, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give CITY prompt written notice if CONTRACTOR believes that any significant changes in the Work have resulted because of the action taken in response to an emergency. If CITY determines that changes are required, CITY shall authorize the changes by Change Order. If the emergency was not due to the fault or negligence of CONTRACTOR, or any Subcontractor or Supplier or anyone for whose acts any of them may be liable and the changes cause an increase or decrease in CONTRACTOR's cost or the time required to perform any part of the Work, CITY shall make an adjustment in Contract Price or Contract Time, as provided in Sections 10 and 11. 6.16 Shop Drawings and Samples. 6.16.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the Specifications, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions, five (5) copies for use by CITY, ENGINEER and plus additional copies as required by CONTRACTOR (unless otherwise specified in the Contract Documents) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. CONTRACTOR shall submit a copy of the transmittal letter providing drawing numbers and titles for each item included in a Shop Drawing submittal to ENGINEER. 6.16.2 CONTRACTOR shall also submit to ENGINEER for review and approval, with such promptness as to cause no delay in the Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent data such as catalog numbers and the use for which it is intended. 6.16.3 CONTRACTOR's stamp of approval on any Shop Drawing or sample shall specifically indicate in writing, or if not indicated in writing, shall constitute a representation that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, Materials, catalog numbers, specified performance criteria, and similar data or assumes full responsibility for doing so, and that


CONTRACTOR has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.16.4 At the time of each submission, CONTRACTOR shall in writing call ENGINEER’s and ENGINEER OF RECORD's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted of each such variation. 6.16.5 ENGINEER will review Shop Drawings and review samples and return CONTRACTOR's submittals stamped with the following notation: APPROVED [ ] APPROVED AS CORRECTED [ ] REVISE AND RESUBMIT [ ] NOT APPROVED [ ] Approval is only for general conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other actions shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. The CONTRACTOR is responsible for dimensions to be confirmed and correlated at the job site; for information that pertains solely to the fabrication processes or to techniques of construction; and for coordination of the Work of all trades. ENGINEER OF RECORD's and ENGINEER’s review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to the accuracy of other matters that may be contained in the submittals, including but not limited to such matters as dimensions, quantities, performance of Equipment and systems designed by CONTRACTOR, engineering design furnished by CONTRACTOR, CONTRACTOR's means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto, the correctness of which shall remain the sole responsibility of CONTRACTOR. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER OF RECORD and ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER OF RECORD or ENGINEER on previous submittals. 6.16.6 ENGINEER OF RECORD's and ENGINEER’s review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER OF RECORD's and ENGINEER’s attention to each such variation at the time of submission and ENGINEER OF RECORD or ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER OF RECORD or ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of subsection 6.16.3.


6.16.7 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been returned by ENGINEER OF RECORD or ENGINEER and noted "Approved" or" Approved As Corrected". 6.16.8 All costs incurred in connection with ENGINEER OF RECORD's or ENGINEER’s review and return of a particular Shop Drawing or sample submission after ENGINEER OF RECORD's or ENGINEER’s second time review shall be borne by CONTRACTOR, including ENGINEER OF RECORD's and ENGINEER’s charges to CITY under the terms of their agreements with CITY. CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 6.16.9 In reviewing Shop Drawings or samples, ENGINEER OF RECORD or ENGINEER shall be allowed thirty (30) days from the date ENGINEER OF RECORD or ENGINEER receives the submittal or resubmittal from CONTRACTOR to return the submittal in accordance with this Section, unless otherwise provided in the Contract Documents. ENGINEER OF RECORD's or ENGINEER’s review and return of a Shop Drawing or sample within the time allowed shall not justify an increase in Contract Price or an extension in Contract Time. Any delay in connection with CONTRACTOR's submittal and any resubmittal of a particular Shop Drawing or sample shall represent delays under the control of CONTRACTOR and shall not justify an increase in Contract Price or an extension in Contract Time. 6.17 Continuing the Work. CONTRACTOR shall carry on the Work and maintain the Progress Schedule during all disputes or disagreements with CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and CITY may otherwise agree in writing. Suspension of the Work by CONTRACTOR during any dispute or disagreement with CITY shall entitle CITY to terminate the CONTRACT for cause, except as otherwise provided in Section 15. 6.18 Indemnity. 6.18.1 To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (provide and pay for legal defense) CITY, OWNER’S REPRESENTATIVE and their consultants, and each of their directors, officers, agents, and employees from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorneys' fees, and cost and attorney's fees on appeal, arising or allegedly arising in any manner out of, related to, resulting from, or in connection with the performance of the Work, both on and off the Project site, including any act or omission of CONTRACTOR, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable, caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons or entities employed or utilized by the CONTRACTOR in the performance of the Work. 6.18.2 In any and all claims against the indemnified parties by any employee of CONTRACTOR, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under subsections 6.18.1 and 6.18.4 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable, by or for CONTRACTOR, or any Subcontractor, or any supplier, or other person under Workers' compensation acts, disability benefit acts, or other employee acts. 6.18.3 The obligations of CONTRACTOR under subsections 6.18.1 and 6.18.4 shall not extend to the liability of ENGINEER OF RECORD, ENGINEER and their consultants, directors, officers, employees and


agents and each of their directors, officers, employees, and agents arising out of, or resulting from, or in connection with the preparation or approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, providing that the foregoing were the sole and exclusive cause of the loss, damage, or injury. 6.18.4 CONTRACTOR shall also indemnify and hold harmless the City, its officers and employees, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in ther performance of this contract. 6.18.5 At CITY’s sole option and utilizing attorneys agreeable to CITY, CONTRACTOR shall defend all suits or claims as set out in this Section 6.18. 6.18.6 In the event that CITY incurs costs contrary to this indemnification agreement, CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 6.19 Progress of the Work. 6.19.1 The CONTRACTOR shall physically mobilize at the Work site within fourteen (14) Days of the Date of Commencement of the Contract Time and substantially complete mobilization activities no later than thirty (30) Days from the Date of Commencement of Contract Time. Substantial completion for mobilization shall be defined as activities that include, at least (1) installation of the field office, (2) temporary utility provisions for water, sewer, electrical, telephone and other utilities in service, and (3) commencement of initial site Work including clearing and grubbing or blasting and removal of existing improvements at the Work site. In the event that the CONTRACTOR fails to mobilize as required in this Section, the CITY may withhold additional retainage as provided in Section 6 of the Agreement. 6.19.2 If ENGINEER determines that CONTRACTOR is failing to maintain progress of the Work in accordance with the Progress Schedules, CONTRACTOR shall take steps as may be necessary to improve his progress, and ENGINEER may require him to increase his Work force, or hours, or days of Work, or the amount of construction plant or all of them, and to submit to ENGINEER for approval such supplementary schedule or schedules as may be deemed necessary to demonstrate the manner in which the requisite progress will be regained and maintained, all without time extensions or additional cost to CITY. 6.19.3 Failure of CONTRACTOR to comply with the requirements of ENGINEER under this Section shall be grounds for determination by ENGINEER that CONTRACTOR is not prosecuting the Work with such diligence as will insure completion within the time specified. ENGINEER will then so inform CITY. CITY may thereupon withhold additional retainage in anticipation of liquidated damages as provided in Section 6 of the Agreement or suspend the Work or terminate CONTRACTOR's services should CONTRACTOR fail to comply with this Section. 6.20 Project Meetings. 6.20.1 The CONTRACTOR along with appropriate subcontractors shall attend Project meetings requested by ENGINEER or CITY for the purpose of discussing and resolving matters concerning the various elements of the Work. If CONTRACTOR or his subcontractors fail to attend a meeting, CITY shall be entitled to deduct the costs of CITY, ENGINEER, and ENGINEER OF RECORD representatives attending the meeting from the CONTRACT PRICE by issuing a Change Order.


6.20.2 CONTRACTOR shall submit for the Project meeting a summary bar chart of the Work activities anticipated for the following fourteen (14) days. This schedule will be used by the CONTRACTOR to discuss and coordinate the Progress Schedule with utility contractors, the CITY’s own forces, and others performing work at the Project site and by ENGINEER for the ENGINEER’s planning of testing and inspection within ENGINEER’s scope of responsibility and shall be an item of discussion at the Project meeting. 6.20.3 CONTRACTOR's obligation to coordinate the Progress Schedule with all utility contractors, the CITY’s own forces and others performing work at the Project site shall be an item of discussion raised by the CONTRACTOR at each Project meeting. The CONTRACTOR shall discuss scheduling concerns related to the work of each utility contractor, the CITY and others. The CONTRACTOR's summary bar chart of Work activities referenced above and CONTRACTOR's discussion shall identify all reasonable measures taken by the CONTRACTOR to minimize the effect of utility, CITY and work by others on the Progress Schedule including CONTRACTOR's cooperative scheduling of all such work. CONTRACTOR's summary bar chart and CONTRACTOR's discussion shall include the advance notification, required by subsection 6.43.2.2 including dates on which utility, CITY and work by others must be coordinated with the CONTRACTOR's Work and operations to avoid delay. 6.21 CONTRACTOR Not Agent of CITY. CONTRACTOR shall perform all Work under the Contract Documents as an independent contractor and shall not be considered an agent of CITY, nor shall CONTRACTOR's Subcontractors or Suppliers or employees be considered agents of CITY. CONTRACTOR and not CITY shall be solely responsible to any and all Subcontractors and Suppliers and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work. 6.22 Inspection and Audit. 6.22.1 CITY shall have access to the Work and the right to audit all of CONTRACTOR's books, ledgers, records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and other documents pertinent to all Cost and Pricing Data used by CONTRACTOR in the determination of CONTRACTOR'S Bid for the Work, in pricing, negotiating or costing Work covered by a Change Order, Change Request or Contract Claim, or otherwise relating to the Work, and CONTRACTOR shall preserve and make available at CONTRACTOR's office at all reasonable times all such records for a period of five (5) years after Final Payment. 6.22.2 In the event of termination, the records relating to the Work, or part thereof, affected by such termination shall be made available for five (5) years after the termination. Records pertaining to Contract Claims, to litigation or the settlement of Contract Claims arising under or relating to the performance of the Work shall be made available until disposition of such appeals, litigation, or Contract Claims. 6.22.3 CONTRACTOR shall insert a provision containing all the requirements of subsection 6.22, including this subsection 6.22.3, in all Subagreements between CONTRACTOR and Subcontractors or Suppliers or other persons, altering the subsection only as necessary to properly identify the contracting parties. 6.23 Truth-In-Negotiation. 6.23.1 CONTRACTOR warrants that all bid line items are true, complete and accurate and include all costs, overhead, profit and all other amounts associated with such items and may be relied upon by CITY when making additions or deductions to the Contract Price. CONTRACTOR further warrants that all Cost and


Pricing Data provided to ENGINEER and CITY during the term of the Contract Documents shall be complete, accurate and current when provided. Should there be any changes in the Cost and Pricing Data previously submitted, the CONTRACTOR shall notify and provide the new information to ENGINEER and CITY immediately. CITY shall be entitled to issue an appropriate Change Order to adjust the Contract Price and Contract Time on account of corrections to inaccurate or incomplete information provided by CONTRACTOR. 6.23.2 Despite any provisions in the Contract Documents to the contrary, any amounts paid by CITY to CONTRACTOR in excess of what it is entitled under the Contract Documents shall be reimbursed by CONTRACTOR to CITY. The making of Final Payment to CONTRACTOR shall not be a waiver of CITY’s right to reimbursement from CONTRACTOR nor shall it discharge CONTRACTOR's obligation to refund the overpayment. The terms of subsection 6.23 shall survive the CITY’s making Final Payment. 6.23.3 CONTRACTOR shall insert a provision containing all the requirements of subsection 6.23, including this subsection 6.23.3, in all Subagreements between CONTRACTOR and Subcontractors or Suppliers or other persons, altering the subsection only as necessary to identify properly the contracting parties. 6.24 Correspondence. All CONTRACTORS's correspondence shall include the CITY’s Project name and the CITY’s designated contract number. All CONTRACTOR's correspondence shall have identifica-tion numbers assigned by CONTRACTOR. The identification numbers shall be sequential and assigned chronologically to these Contract Documents only such that each CONTRACTOR's submission can be individually identified by reference to the assigned identification number. The numbering system must be approved by ENGINEER. Any correspondence not so identified may not be accepted by ENGINEER. 6.25 Protection of Historical Properties. 6.25.1 CONTRACTOR shall comply with Florida's Archives and Historical Act (Chapter 267, Florida Statutes) and the regulations of the local historic preservation board as applicable and protect against the potential loss or destruction of significant historical or archaeological data, sites, and properties in connection with the Work. 6.25.2 CONTRACTOR shall be responsible for immediately reporting to the governmental entity or agency with jurisdiction any archaeological features which are encountered or unearthed during the performance of the Work, and for protecting same to the satisfaction of such governmental entity or agency. CONTRACTOR shall absorb all related delay, extension or acceleration costs, however caused, except that if CITY and CONTRACTOR believe the delays require an extension in Contract Time, CITY shall authorize the necessary change in Contract Time only and CONTRACTOR shall not be entitled to any increase in Contract Price. 6.26 Responsibility for Connecting to Existing Services and Utilities. At all points where the Work constructed by CONTRACTOR connects to existing utilities and services, the actual Work of making the necessary connection to the existing service or utility shall be arranged for by CONTRACTOR at no expense to CITY (unless specifically indicated otherwise). Services and utilities included within (but not limited to) this responsibility are roads, ditches, electrical, sewer, mechanical utilities, water, fencing, etc. Connections shall be made at a time that will result in the least possible interference with existing services.


6.27 Additional Provisions. 6.27.1 CONTRACTOR shall be responsible for all cutting of masonry and other Materials, and all fitting, drilling or patching which may be necessary to complete the Work or to make its several parts fit together properly, whether or not such Work is expressly specified in the Contract Documents. 6.27.2 CONTRACTOR shall be responsible for preparing and delivering to ENGINEER, on a daily basis, reports recording labor and Equipment available and utilized, and Materials and Equipment received each day, on a form acceptable to ENGINEER. If CONTRACTOR fails to submit reports daily, ENGINEER may withhold approval of any Application for Payment until such time as CONTRACTOR submits the required information. CONTRACTOR shall make available any such records as requested by ENGINEER to verify that the reports are accurate. 6.27.3 CONTRACTOR shall submit to ENGINEER at the beginning of each Work shift, a list of specific items requiring final inspection, monitoring, or witnessing by ENGINEER. 6.28 Inspection and Tests at Source of Supply. 6.28.1 If the volume, progress of the Work, and other considerations warrant the ENGINEER may undertake the inspection of Materials at the source of supply. 6.28.2 The CONTRACTOR shall assure that the CITY representative has free entry at all times to such parts of the plant as concern the manufacture or production of the Materials ordered, and shall bear all costs incurred in providing all reasonable facilities to assist in determining whether the Material furnished complies with the requirements of the Specifications. 6.28.3 The CITY, however, assumes no obligation to make such inspection of Materials at the source of supply, and the responsibility for assuring that the Materials are satisfactory rests entirely with the CONTRACTOR. 6.28.4 The CITY may elect to retest Materials which have been tested and accepted at the source of supply, after they have been delivered, and all Materials which, when retested, do not comply with the requirements of the Specifications will be rejected. 6.29 Control by Samples and Tests. 6.29.1 The ENGINEER may require any or all Materials to be subjected to tests by means of samples or otherwise, at production points, after delivery, or both, as he may determine. Unless otherwise provided, such tests will be made by and at the expense of the CITY. The CONTRACTOR shall afford such facilities as the ENGINEER may require, for collecting and forwarding samples and shall not make use of, nor incorporate in the Work, any Materials represented by the samples until the tests have been made and the Materials found acceptable. The CONTRACTOR shall furnish at his own expense, the Material necessary for the required samples, delivered to the point designated, without charge. Boxes for shipping of concrete cylinders will be furnished by the CITY. 6.29.2 In the case of pavements, both base course and surface course, the CONTRACTOR shall, when required by the ENGINEER, furnish samples taken from the completed Work at any point indicated by the


ENGINEER and shall immediately replace the areas to removed with Materials and construction to conform to the Specifications and to the line and grade of the immediate surrounding pavement surface. No additional compensation will be allowed for furnishing such samples and replacing the areas with new pavement as described above. 6.29.3 Methods of sampling and testing Materials shall be in accordance with Florida Methods so far as covered therein. Otherwise, they shall be in accordance with standards of AASHTO, ASTM, or other criteria as specifically designated. Where an AASHTO, ASTM or other non-Florida Method is designated, but a Florida Method which is similar exists, sampling and testing shall be in accordance with the Florida Method. Whenever in these Specifications Florida, AASHTO, ASTM, or other standards are referenced without identification of the specific time of issuance, the reference shall construed to mean the most current issuance, including interims or addendums thereto, at the time of advertisement for Bids for a Project. 6.29.4 The bearing value of soils shall be determined by FDOT's Florida Soil Bearing Tests or by the methods required for the Limerock Bearing Ratio Method, whichever is designated in the Plans. 6.29.5 Sieves shall conform to the requirements of AASHTO M 92. 6.29.6 As a general practice, the CITY, in order to expedite the Work, may accept certain Materials on the basis of tests made on advance samples taken and submitted by the producer, provided that tests on a representative number of samples of the Material taken by the ENGINEER after its arrival at the Work site confirm that the Material meets the CITY’s Specifications. In the event that tests made on the samples taken by the ENGINEER do not substantiate those made on the advance samples submitted by the producer, and there is evidence that this privilege of expediting the use of the Material is being abused, then this privilege will no longer be extended to such producer. 6.29.7 A card shall be attached to each producer's sample, showing the following information: Project designation, intended use of Material, name of producer, source of supply, quantity represented by sample, date sampled and any other information pertinent to the Material or Work. Care shall be used in preparing and shipping samples to assure that all packages are clean before Material has been placed therein, and are tied, or closed and wrapped, securely. 6.29.8 For the verification of weights or proportions and character of Materials, and determination of temperatures used in the preparation of Materials and mixtures, the ENGINEER or his authorized representative shall have access at all times to all parts of any paving or other plants connected with the Work. The CONTRACTOR shall facilitate and assist in the verification of the accuracy of all scales, measures and other devices, and shall protect them from the wind and elements whenever such protection is necessary. 6.29.9 For all aggregates entering into asphaltic concrete mixes, unless the ENGINEER specifically directs otherwise, all samples are to be selected and taken by the ENGINEER. The ENGINEER shall be advised as to location and source three (3) weeks prior to the time the aggregates are needed for the design of the mix, in order that he can arrange for the samples of the Materials to be taken. 6.29.10 For the designs of asphaltic concrete mixes by the CITY not more than three (3) design mixes will be established without charge, for each type of mixture on any one (1) Agreement.


6.30 Storage of Materials. 6.30.1 Materials shall be stored by the CONTRACTOR to ensure the preservation of their quality and fitness for the Work and shall be so located as to facilitate prompt inspection, and to minimize noise impacts on sensitive receivers. More detailed Specifications concerning the storage of specific Materials are prescribed in Division II (Construction Details). Materials improperly stored may be rejected without testing. 6.30.2 If permitted by the ENGINEER, that portion of the right-of-way outside the clear zone not required for public vehicular or pedestrian travel may be used for storage purposes and for placing of the CONTRACTOR's plant and Equipment. Any additional space required shall be provided by the CONTRACTOR at their expense. 6.30.3 The protection of stored Materials shall be the CONTRACTOR's responsibility and the CITY shall not be liable for any loss of Materials, by theft or otherwise, nor for any damage to the stored Materials. 6.31 Defective Materials. All Materials not conforming to the requirements of the Specifications; segregated Materials, even though previously tested and approved; Materials which are or have been improperly stored; and Materials which are mixed with an excess of clay, coal, sticks, burlap, hay, straw, loam or earth, or other debris. All such Materials, whether in place or not, will be rejected and shall, unless otherwise permitted by the ENGINEER, be removed immediately from the site of the Work and from the CONTRACTOR's storage areas, at the CONTRACTOR's expense. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the CONTRACTOR to comply promptly with any order of the ENGINEER made under the provisions of this Section, the ENGINEER shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due the CONTRACTOR. 6.32 Preservation of Property. 6.32.1 The CONTRACTOR shall preserve from damage all property along the line of Work, or which is in the vicinity of or is in any way affected by the Work, the removal or destruction of which is not called for by the Plans. This applies to public and private property, public and private utilities (except as modified by the provisions of 6.33), trees, shrubs, crops, signs, monuments, fences, guardrail, pipe and underground structures, public highways (except natural wear and tear of highway resulting from legitimate use thereof by the CONTRACTOR), etc., and whenever such property is damaged due to the activities of the CONTRACTOR it shall be immediately restored to a condition similar or equal to that existing before such damage or injury was done by the CONTRACTOR, and at his own expense, or he shall make good such damage or injury in an acceptable manner. The CONTRACTOR shall protect existing bridges during the entire construction period, from damage caused by any of his operations or Equipment. The CONTRACTOR will not be required to provide routine repairs or maintenance for such structures but will be required, at his own expense, to make immediate repairs of any damage occasioned by his use or operations. In the event that the CONTRACTOR's use or operations result in damage to a bridge requiring repairs, such repairs shall have a prior right to any Equipment, Materials or labor at the CONTRACTOR's disposal. 6.32.2 In case of failure on the part of the CONTRACTOR to restore such property, bridge, road or street, or to make good such damage or injury, the ENGINEER may, upon forty-eight (48) hours notice, proceed to repair, rebuild or otherwise restore such property, road or street as may be deemed necessary, and the cost thereof will be deducted from any monies due or which may become due the CONTRACTOR under


the Agreement contract. Nothing in this Section shall prevent the CONTRACTOR from receiving proper compensation for the removal, damage or replacement of any public or private property, not shown on the Plans, which is made necessary by alteration of grade or alignment and such Work is authorized by the ENGINEER provided that such property has not been damaged through fault of the CONTRACTOR or his employees or agents. 6.32.3.1 Where the CONTRACTOR hauls Materials or Equipment to the Project over roads and bridges on the state park road system, state highway system, County roadways or City street system and such use causes damage, he shall immediately, at his expense, repair such road or bridge to as good a condition as before the hauling began. The above requirement may be modified in accordance with any agreement the CONTRACTOR might make with the governmental unit having jurisdiction over a particular road or bridge provided that he submits written evidence of such agreement. 6.32.3.2 Operation of Equipment or hauling units of such weight as to cause damage to previously constructed elements of the Project including, but not necessarily limited to bridges, drainage structures, base course and pavement, will not be permitted. Equipment or hauling units loaded in excess of the maximum weights permitted shall not be operated on existing pavements that are to remain in place (including pavement being resurfaced), cement-treated subgrades and bases, concrete pavement, any course of asphalt pavement, and bridges. Exceptions to these weight restrictions may be allowed for movement of necessary Equipment to and from its Work site, for hauling of offsite fabricated components to be incorporated into the Project and for crossings as authorized by the ENGINEER. 6.32.3.3 All existing roadside traffic signs and guardrail for which permanent removal is not indicated shall be protected against damage or displacement. Whenever such signs or guardrail lie within the limits of construction, or wherever so directed by the ENGINEER due to exigencies of construction operations, the existing roadside signs and guardrail shall be taken up by the CONTRACTOR, properly stored, and subsequently reset at the original location or, in the case of widened pavement or roadbed, at locations designated by the ENGINEER. 6.32.4.1 The CONTRACTOR shall give notification to the ENGINEER or the superintendent of the railroad company appropriately in advance of (minimum of seventy-hours 72 hours) his beginning of any operations within the limits of the railroad right-of-way, any operations requiring movement of employees, trucks or other Equipment across the tracks of the railroad company at other than an established public crossing and any other Work which may affect railroad operations or property. 6.32.4.2 The CONTRACTOR shall comply with whatever requirements an authorized representative of the railroad company deems necessary in order to safeguard the railroad's property and operations. Any damage, delay or injury and any suits, actions or claims brought on account of damages or injuries resulting from the CONTRACTOR's operations within or adjacent to railroad company right-of-way shall be the CONTRACTOR's responsibility. 6.32.4.3 When protective services to insure the safety of railroad operations (watchman or flagman service) are essential during certain periods of the Work, the railroad company will furnish such services and the CITY will reimburse the railroad company for the cost thereof. The CONTRACTOR shall schedule their Work which affects railroad operations so as to minimize the need for protective services by the railroad company.


6.33 Utilities. 6.33.1 At points where the CONTRACTOR's operations are adjacent to utility facilities or other property, damage to which might result in expense, loss, disruption of service or other undue inconvenience to the public or to the owners, Work shall not be commenced until all necessary arrangements for the protection thereof have been made. The CONTRACTOR shall be solely and directly responsible to the owners and operators of such properties for any damage, injury, expense, loss, inconvenience, or delay, caused by the CONTRACTOR's operations. Relocations or adjustments requested only on the basis of the CONTRACTOR's proposed use of a particular method of construction or a particular type of Equipment will not be considered as being essential to the construction of the Project if other commonly used methods and Equipment will determine the responsibility for any such required adjustments of utilities. Relocations or adjustments requested because of delivery to the job of Materials furnished by the CONTRACTOR will be the responsibility of and at the expense of the CONTRACTOR. Circumstances under which it will be considered essential to remove or adjust (or to otherwise protect) utilities in order to construct the Project shall include, but not be limited to, the following: 6.33.1.1 Utilities lying within the vertical and horizontal construction limits, plus the reasonably required Working room necessary for operation of Equipment normally used for the particular type of construction. In the case of overhead electrical conductors which carry more than four hundred (400) volts, a minimum of ten feet (10') clearance between the conductor and the nearest possible approach of any part of the Equipment will be required, except where the utility owner effects safeguards approved by the Florida Department of Labor and Employment Security. 6.33.1.2 Utilities lying within the horizontal limits of the Project and within twelve inches (12") below the ground surface or the excavation surface on which the construction Equipment is to be operated, or within twelve inches (12") below the bottom of any stabilizing course called for on the plans. 6.33.1.3 Utilities lying within the normal limits of excavation for underground drainage facilities or other structures. Such normal limits shall extend to side slopes along the angle of repose, as established by sound engineering practice, unless the sides of the excavation are required by the Plans or special provisions to be supported by sheeting, or the CONTRACTOR elects to sheet such excavation for his own convenience. 6.33.1.4 Where utilities cross pipe trenches transversely within the excavation area, but not within positions from which relocation or removal is necessary, the CONTRACTOR shall provide necessary coordina-tion and support to the utility owner in the utility owner's effecting support and protective measures to utilities. In the event that CONTRACTOR is performing utility Work for the CITY under the Contract Documents, the CONTRACTOR shall be responsible for providing and effecting all measures for utility support and protection during construction operations. It is the responsibility of the CONTRACTOR to provide all sheeting, bracing, shoring and other forms of support for all utilities when working adjacent to or directly upon existing and proposed utilities. The CONTRACTOR shall comply with support requirements for the duration of the Work, whether the CONTRACTOR is installing, relocating or removing roadway infrastructure (including but not limited to (1) stormwater, piping structures; or (2) any proposed traffic signalization devices; (3) roadwork including the base, subbase or final pavement) or installing or removing utilities that are owned by the CITY or any other utility. The CONTRACTOR shall be responsible for any damage to the utility which is caused by neglect or failure on the CONTRACTOR's part to cooperate and to use proper precaution in performing their Work. In the event that a temporary relocation of a utility or a particular sequence of timing in the relocation of a utility is necessary, such relocation shall be accomplished only as directed by the ENGINEER so as to cause


the least impediment to the overall construction operations. The CITY will not assume responsibility for utility adjustments or temporary relocation Work, nor for the conditions resulting therefrom. 6.33.2 The CONTRACTOR shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangements operations in order that these operations may progress in a reasonable manner, that duplication or rearrangement Work may be reduced to minimum, and that services rendered by the utility owners will not be unnecessarily interrupted. In the event of interruption of water or other utility services as a result of accidental breakage or as a result of their being exposed or unsupported, the CONTRACTOR shall promptly notify the proper authority and shall cooperate with the authority in the prompt restoration of service. If water service is interrupted, repair Work shall be continuous until the service is restored. No Work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority. 6.33.3 Certain utility installations, relocations (temporary and permanent), adjustments and reconstruction work may be underway during the progress of the Work. The CONTRACTOR will be required to cooperate as is necessary with the various utility construction crews in order that utility service may be maintained. Upon completion of the utilities work by others the utilities will be in their final location and the CONTRACTOR shall exercise due caution when working adjacent to such utilities. Any damage to the relocated utilities resulting from the CONTRACTOR's operations shall be repaired at his expense. The CONTRACTOR's attention is directed to the requirements of subsection 6.33.1 and 6.33.2 outlining responsibility for protection of utility facilities. 6.33.4 No additional monetary compensation will be allowed for any delays, disruptions, inconveniences, inefficiencies, constructive acceleration or damages of any nature sustained by CONTRACTOR due to any delay, disruptions, constructive accelerations, inefficiency, interference relating to utilities or appurtenances or from the operations of relocating and installing utilities. 6.34 CONTRACTOR's Responsibility For Work. Until acceptance of the Work by the CITY it shall be under the charge and custody of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, arising either from the execution or from the nonexecution of the Work. The CONTRACTOR shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any of the above causes before its completion and acceptance except that in case of catastrophic damage the CITY may, at its discretion, reimburse the CONTRACTOR for the repair of such damage due to unforeseeable causes beyond the control of and without the fault or negligence of the CONTRACTOR including, but not restricted to, Acts of God, of the public enemy or of governmental authorities. 6.35 Interference with Traffic. The CONTRACTOR shall at all times conduct the Work in such manner and in such sequence as to ensure the least practicable interference with traffic. The CONTRACTOR's vehicles and other Equipment shall be operated in such manner that they will not be a hazard or hinderance to the traveling public. Materials stored along the road shall be placed so as to cause as little obstruction to the traveling public as possible. To prevent any open trench remaining after Working hours where existing pavement is to be widened and stabilizing is not required, the CONTRACTOR shall schedule his operations such that at the end of each Work day the full thickness of the base for widening will be in place. Construction of the widening strips will not be permitted simultaneously on both sides of the road except where separated by a distance of at least one-forth mile along the road, where either the Work of excavation has not been started or the base has been completed.


6.36 Coordination with other Contractors. The CONTRACTOR shall arrange their Work and dispose of his Materials so as not to interfere with operations of other contractors engaged upon adjacent work and to join his Work to that of others in a proper manner, in accordance with the spirit of the Plans and Specifications, and to perform his Work in the proper sequence in relation to that of other contractors. Each contractor shall be responsible for any damage done by their agents to the work performed by another contractor. 6.37 Drainage. The CONTRACTOR shall so conduct his operations and maintain the Work in such condition that adequate drainage will be in effect at all times. Existing functioning storm sewers, gutters, ditches, and other run-off facilities shall not be obstructed. 6.38 Fire Hydrants. Fire hydrants on or adjacent to the highway shall be kept accessible to fire apparatus at all times and Material or obstruction shall be placed within fifteen feet (15') of any such hydrant. 6.39 Protection of Structures. Heavy Equipment shall not be operated close enough to pipe headwalls or other structures to cause their displacement. 6.40 Fencing. On all Work which includes fencing and where the ENGINEER determines it to be necessary for maintaining the security of livestock or adjacent property, or for protection of pedestrians who are likely to gain access to the Work from adjacent property, the CONTRACTOR shall erect appropriate temporary security fence as a first order of business. Temporary fencing shall be installed at temporary construction easement areas on all commercial and residential properties appropriate to secure the Work areas and protect persons and domestic animals. At all times, the CONTRACTOR shall conduct the Work under secure temporary fencing. Permanent fencing shall be addressed as required by the Plans and Specifications. 6.41 Hazardous or Toxic Waste. When the CONTRACTOR's operations encounter or expose any abnormal condition which may indicate the presence of a hazardous or toxic waste such operations shall be discontinued in the vicinity of the abnormal conditions and the ENGINEER shall be notified immediately. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible fumes; abnormal odors; excessively hot earth; smoke; or other conditions which appear abnormal may be indicators of hazardous or toxic wastes and shall be treated with extraordinary caution. Every effort shall be made by the CONTRACTOR to minimize the spread of any hazardous or toxic waste into uncontaminated areas. The CONTRACTOR’s operations shall not resume until so directed by the ENGINEER. Disposition of the hazardous or toxic waste will be made in accordance with the requirements and regulations of any Local, State, or Federal Agency having jurisdiction. Where the CONTRACTOR performs work necessary to dispose of hazardous or toxic waste, and the contract does not include pay items for disposal, payment will be made as provided in 4.4, Resolution of a report of Differing Physical Conditions. 6.42 Contractor's Vacation. 6.42.1 The CONTRACTOR will be allowed to suspend operations, except as provided in Subsection 6.42.7 for a total period not to exceed fourteen (14) Days annually (three hundred sixty five (365) calendar day period(s), beginning with Date of Commencement of the Contract Time in order to provide vacation time for


their employees. These fourteen (14) Days shall include the two periods allowed for automatic suspension, if used, and shall be divided into no more than two (2) separate periods of vacation time. 6.42.2 Two (2) periods of time are established for automatic time suspensions. These periods are Thanksgiving, which includes Thanksgiving Day and the following Friday, Saturday and Sunday; and Christmas, which includes December 24th through January 1st. Vacation days other than provided at Thanksgiving and Christmas will require written request. These automatic time suspensions may be approved verbally by the ENGINEER upon notification by the CONTRACTOR of their intent to shut down his operations for one or both of these periods. If the CONTRACTOR does not shut down their operations during these periods, Contract Time will be charged as usual. 6.42.3 The CONTRACTOR shall submit written request to the ENGINEER for permission to suspend operations at least ten (10) days in advance of the date of suspension. 6.42.4 The CITY reserves the right to refuse permission for a suspension (including automatic suspensions) when it might cause undue inconvenience to the traveling public or when, because of other factors, uninterrupted prosecution of the Work is essential. 6.42.5 The CONTRACTOR shall retain sufficient personnel at the job site to properly maintain all maintenance of traffic requirements. 6.42.6 Contract Time will not be charged during the period of any approved suspension for vacation, as long as no Work (with the exception of that specified in 6.42.5) is accomplished on the Project. 6.42.7 The CONTRACTOR shall not be permitted to suspend operations for vacation periods when the CONTRACTOR has failed to achieve Substantial Completion in accordance with the Contract Documents. 6.43 Computation of Contract Time. 6.43.1 The CONTRACTOR shall perform fully, entirely and in accordance with the Specifications, the contracted Work within the Contract Time or as may be extended in accordance with the Contract Documents. The CONTRACTOR acknowledges that the allowable Contract Time is calculated with consideration given that significant Work is not normally accomplished on Saturdays, Sundays, CITY Legal Holidays and during seasonal inclement weather conditions common to Central Florida with accompanying normal delays in prosecution of Work on controlling items. The effect on job progress of utility relocation and adjustments and the scheduling of construction operations required in order to adequately maintain traffic, as detailed in the Plans, has also been considered in the computation of the allowable Contract Time. 6.43.2 Adjusting Contract Time. 6.43.2.1 The CITY may grant an extension of Contract Time when a Controlling Work Item is delayed by factors not anticipated or foreseeable at the time of Bid. Such extension of time may be allowed only for delays occurring during the Contract Time period or authorized extension of the Contract Time period. When failure by the CITY to fulfill an obligation under the agreement results in delays in the Controlling Work Items, such delays will be considered as a basis for granting credit to the Contract Time. Extensions of Contract Time will not be granted for delays due to the fault or negligence of the CONTRACTOR. Time extensions for delays caused by the effects of inclement weather are justified only when rains or other inclement weather conditions


or related adverse soil conditions prevent the CONTRACTOR from productively performing Controlling Work Items resulting in: (1) The CONTRACTOR being unable to work at least fifty (50) percent of the normal Work day on pre-determined Controlling Work Items due to adverse weather conditions or; (2) The CONTRACTOR must make major repairs to Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by the CONTRACTOR, and providing that the CONTRACTOR was unable to Work at least fifty (50) percent of the normal Workday on pre-determined Controlling Work Items. The affect of utility relocation (temporary and permanent) and adjustment Work on job progress will be considered as the basis for granting a time extension only if all the following criteria are met: (1) Delays are the result of utility Work not detailed in the Plans or utility Work detailed in the Plans which is not accomplished in reasonably close accordance with the schedule; (2) Utility Work actually affected progress toward completion of Controlling Work Items; and, (3) The CONTRACTOR took all reasonable measures to minimize the effect of utility Work on job progress including cooperative scheduling of their operations with the scheduled utility Work at the preconstruction conference, at Project meetings, and providing adequate advance notification was given to utility companies at Project meetings as to the dates on which their operations must be coordinated with the Contractor's operations to avoid delays. (4) Such delays exceed thrity (30) impact to Controlling Work Items. 6.43.2.2 Extension of Contract Time under the provisions of these Contract Documents shall not entitle CONTRACTOR to additional compensation or form the basis for Contract Claims. 6.44 Rights In and Use of Materials Found On the Site of the Work. 6.44.1 Except as provided in the Plans and Specifications, all Materials which are not the property of the CITY or other persons, in both roadway and structures, found on the right-of-way, and all Material in structures removed by the CONTRACTOR, shall become the property of the CONTRACTOR and shall be disposed of by him. Such Materials shall not include earth or other excavated Material required for the construction of the Work. Materials from existing structures required to be removed and which are designated to remain the property of the CITY may generally be used by the CONTRACTOR during construction. Such material shall not be cut or otherwise damaged during removal unless permission is given, and shall subsequently be stored in an accessible location if so directed by the ENGINEER. 6.44.2 Any ornamental trees and shrubs existing in the right-of-way, which are required to be removed for the construction operations and which are not specifically designated on the Plans to be reset, installed at another location, or to be removed by others prior to the construction operations, shall become the property of the CONTRACTOR.


6.45 Final Cleaning Up of Right-of-Way. Upon completion of the Work, and before Acceptance and Final Payment will be made, the CONTRACTOR shall remove from the CITY’s right-of-way and adjacent property all false Work, Equipment, surplus and discarded Materials, rubbish and temporary structures; shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave all waterways and drainage facilities unobstructed and the roadway in a neat and presentable condition throughout the entire length of the Work. 6.46 Maintenance of Traffic. 6.46.1 The Maintenance of Traffic requirements of the Contract Documents are essential life safety requirements designed to assure the safety of the traveling public. 6.46.2 Project specific Maintenance of Traffic requirements may be set forth in the Supplementary Conditions. If Project specific Maintenance of Traffic requirements are set forth in the Supplementary Conditions then Division II "Construction Details", Section 102 Maintenance of Traffic is deleted. If Project specific Maintenance of Traffic requirements are not set forth in the Supplementary Conditions then Division II "Construction Details", Section 102 Maintenance of Traffic shall apply. 6.47 Pollution, Vibration and Noise Controls. 6.47.1 Scope of Work. The CONTRACTOR shall minimize noise, vibration, and air pollution caused by construction activities. The CONTRACTOR shall controll the generation and disposal of solid and hazardous wastes. 6.47.2 Implementation. 6.47.2.1 Noise Control shall be in accordance with Federal, State, and CITY regulations. The CONTRACTOR shall comply with all CITY Ordinances and regulations dealing with noise abatement. 6.47.2.2 Vibration Control shall be in accordance with Federal, State, and CITY regulations. It is the CONTRACTOR's sole responsibility to prevent damage from vibration to adjacent structures and property. 6.47.2.3 Air Pollution Control shall be in accordance with Federal, State, and CITY regulations. 6.48 Dust and Waste Control. 6.48.1 CONTRACTOR shall take precautions to minimize dust emissions from operations involving demolition, excavation, grading, clearing of land and disposal of solid waste. 6.48.2 Solid and Hazardous Waste Control shall be in accordance with Federal, State, and CITY regulations. The CONTRACTOR is solely responsible for the disposal of any hazardous waste that is generated by the CONTRACTOR's operation. 6.48.3 In order to implement these regulations, CONTRACTOR shall use the following procedures and techniques:


6.48.3.1 Air Pollution. (a) Dust

(i) Cover loads of materials, debris and soil transported from construction sites. (ii) As necessary, provide street sweeps and water downs on streets which have heavy

volumes of construction vehicles carrying debris and excavated materials. (iii) As needed, wash trucks which haul soil from the site.

(iv) Water down construction sites as needed to suppress dust, during handling of excavation soil, debris or during demolition.

(b) Remove scrap and waste material and dispose of in accordance with laws, codes, regulations, ordinances and permits. (c) Use construction equipment which has been designed and equipped to prevent or control air pollution in conformance with the regulations of the EPA, state and local authorities. 6.48.3.2 Solid and Hazardous Waste. (a) Solid wastes may be disposed of in a number of ways, including reuse on the project, sale for fuel, through controlled incineration, donation to other public private dump sites, either free or for a fee. Hazardous material shall be disposed of at properly permitted disposal facilities. (b) Haul routes for transporting solid or hazardous wastes shall comply with the requirements of state and local authorities.

6.49 Temporary Facilities. 6.49.1 Description. This section describes the CONTRACTOR'S responsibility for temporary facilities and utilities that the CONTRACTOR may require during construction. 6.49.2 Scope. 6.49.2.1 Provide temporary facilities required which may include, but are not necessarily limited to, the following: (a) Telephone (two lines at a minimum) (b) Storage sheds (c) Temporary water service (d) Temporary sanitary service (e) Temporary lighting and electrical service (f) Temporary fire protection (g) Temporary office trailers, including temporary utilities (h) Safety and Visitor Protection 6.49.2.2 Furnish and install temporary water service for use throughout construction period. (a) Water for construction purposes. (b) Water for other purposes: (i) Testing (ii) Temporary sanitary facilities


(iii) Cleaning (c) Drinking water. 6.49.2.3 Maintain adequate volume of water for all purposes. 6.49.2.4 Provide separate supply of potable water. If supplied from CITY source, the system shall be protected by approved back flow devices. 6.49.2.5 Maintain strict supervision of use of temporary services. (a) Enforce conformance with applicable codes and standards. (b) Enforce sanitary practices. (c) Prevent abuse of services. (d) Prevent wasteful use of water. 6.49.2.6 Pay costs for temporary water supply used by all trades, including costs of installation, maintenance, and removal of pipe and equipment. 6.49.2.7 Requirements of Regulatory Agencies. (a) Obtain, pay for permits, fees, deposits required by governing authorities. (b) Comply with federal, state and local codes. 6.49.3 Temporary Electricity and Lighting. 6.49.3.1 Furnish, install and maintain adequate temporary lighting and electric power service for construction needs throughout construction period. ALL TEMPORARY ELECTRICAL FACILITIES SHALL MEET THE REQUIREMENTS OF ALL PERTINENT BUILIDING CODES. 6.49.3.2 Maintain strict supervision of use of temporary services. (a) Enforce conformance with applicable standards. (b) Enforce safe practices. (c) Prevent abuse of services. 6.49.3.3 Pay costs of, installation, maintenance and removal of temporary electrical services used. 6.49.3.4. Requirements of Regulatory Agencies. (a) Obtain and pay for permits as required by governing authorities. (b) Comply with applicable codes. (i) National Electrical Code. (ii) National Electrical Safety Code. (iii) National Fire Protection Association Pamphlet. (iv) Federal, state and local codes and utility company regulations.


6.49.3.5 Provide night security lighting at secured areas within construction limits at offices, storage facilities and excavated areas. 6.49.4 Temporary Sanitary Facilities. 6.49.4.1 Furnish, install and maintain temporary sanitary facilities for use throughout construction period.

(a) Potable water for construction personnel using portable containers to dispense drinking water.

(b) Enclosed toilet facilities for construction personnel. 6.49.4.2 Maintain strict supervision of use of facilities. (a) Enforce conformance with applicable standards. (b) Maintain, service and clean facilities. (c) Enforce proper use of sanitary facilities. 6.49.4.3 Cost of Installation and Operation. (a) Pay costs of temporary sanitary facilities, including costs of installation, maintenance and

removal. (b) Pay service charges for use of portable units. (c) Pay costs of water or ice. 6.49.4. Facility Locations. (a) Within the project site. (b) Drinking water: Convenient to work stations. (c) Toilet and washing facilities: (i) Secluded from public observation if possible. (ii) Convenient for use of personnel in relation to work stations. 6.49.4.5 Requirements of Regulatory Agencies. (a) Obtain and pay for permits as required by governing authorities. (b) Comply with federal, state and local codes, and utility company regulations. 6.49.5 Contractor Employee Parking. 6.49.5.1 The CONTRACTOR is to submit a plan of intended parking areas prior to mobilizing on site. 6.49.5.2 The CONTRACTOR is to maintain strict supervision of use of the parking areas. The CONTRACTOR is to maintain, service and clean the areas. 6.49.6 Contractor Offices.


6.49.6.1 If the CONTRACTOR is going to move an office trailer to the Project site, the CONTRACTOR'S and subcontractor's office trailers are to be located in an area approved by the CITY. 6.49.6.2 The CONTRACTOR shall provide the following temporary utilities for the office trailers: (a) Potable water (b) Sanitary sewer (c) Electrical (d) Telephone (two lines at a minimum) 6.49.6.3 The CONTRACTOR shall be responsible for costs of installing the utilities from the points of connection, maintenance, and removal of all materials for all temporary utilities. Additionally, the CONTRACTOR shall be responsible for maintenance and removal of parking areas around the CONTRACTOR'S office trailers. This shall include policing the area of litter and debris, and weed control. 6.49.6.4 Provide and maintain a temporary fire protection system as construction progresses for control of fires that may occur during construction. Temporary fire protection shall be provided in accordance with Code requirements. 6.50 Video and Photographs. 6.50.1 CONTRACTOR shall provide the CITY with a video record of the existing conditions prior to construction. This video shall be DVD format or on a USB storage device. The following features shall be shown in a clear manner to include, but not be limited to, the following: (a) All existing features and improvements within the right-of-way. (b) All existing features and improvements within temporary construction easements. (c) All existing features and improvements within permanent easements. (d) All existing features and improvements adjacent to any construction. 6.50.2 Detail of the video shall be such that the following features and improvements shall be clear and visible: (a) Cracks in walls. (b) Condition of fencing. (c) Condition of planted areas and types of vegetation. (d) Condition of sodded areas. (e) Conditions of sprinkler systems and associated controls and wiring. (f) Condition of signs. (g) Conditions of lighting and associated wiring. Significant detail of any pre-existing damages to physical features and improvements shall be shown. The coverage of the video should include the limits of effects of the use of vibratory rollers. This video record shall be presented to the CITY within thirty (30) Days of the Commencement Date specified in the Notice to Proceed.


6.50.3 CONTRACTOR shall provide CITY with still photographs of the existing conditions prior to construction. The scope and detail of required still photographs may be further detailed in the Supplementary Conditions. 6.51 Field Materials on Private Property. Work performed on private property when the CITY owns permanent easements for access, drainage facilities, or other purposes, may require excavation and the use of fill materials. The CONTRACTOR shall, when possible, backfill excavated lands with the fill materials originally excavated. In any event the filling of excavated lands shall be accomplished using material of substantial similarity to the excavated material.

SECTION 7 - WORK BY OTHERS

7.1 Related Work At Site. 7.1.1 CITY may perform other work at the site by CITY’s own forces, provide for or allow other work to be performed by other owners, or let other direct contracts for other work. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work. 7.1.2 CONTRACTOR shall afford each owner and contractor (or CITY, if CITY is performing the additional work with CITY’s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of Materials and Equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make it integrate properly with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their Work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. 7.1.3 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of CITY or any such other contractor or owner, CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure to so report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Wherever Work to be performed by CONTRACTOR is dependent upon the work of any separate contractor, CONTRACTOR shall: (1) coordinate their Work with the dependent work; (2) provide necessary dependent data and requirements; (3) supply or install items to be built into dependent work of others; (4) make provisions for dependent work; (5) check and verify dependent dimensions of previously placed work; (6) notify ENGINEER of previously placed dependent work or dependent dimensions which are unsatisfactory or will prevent a satisfactory installation of any such Work; and (7) not proceed with any such Work until any unsatisfactory dependent conditions have been corrected. Installation of work by CONTRACTOR or by a Subcontractor in any given area shall constitute acceptance by CONTRACTOR or by such Subcontractor of all previously placed dependent work, subject to the exceptions previously noted. 7.1.4 If CITY contracts with others for the performance of other work at the site, the CONTRACTOR shall be responsible for coordination of the activities among the various contractors. Unless otherwise provided in the Supplementary Conditions, coordination with other contractors will be the responsibility of CONTRACTOR and neither CITY nor ENGINEER shall have any authority or responsibility in respect of such coordination.


7.2 Mutual Duties and Responsibilities. 7.2.1 Should CONTRACTOR cause damage to the work or property of any separate contractor or owner performing work at or contiguous to the site, or should any claim arising out of CONTRACTOR's performance of Work at or contiguous to the site be made by any separate contractor or utility owner against CONTRACTOR, CITY, ENGINEER, or ENGINEER OF RECORD, CONTRACTOR shall promptly attempt to settle with such separate contractor or utility owner by agreement, or to otherwise resolve the dispute at equity or at law. 7.2.2 Should any separate contractor or owner cause damage to the Work or property of CONTRACTOR, or should the performance of work by any separate contractor or owner at or contiguous to the site give rise to any other claim by CONTRACTOR, CONTRACTOR shall promptly attempt to settle with such separate contractor or owner by agreement, or to otherwise resolve the dispute at equity or at law. CONTRACTOR shall not institute any action, legal or equitable, against CITY, ENGINEER, ENGINEER OF RECORD, or their consultants directors, officers, agents, and employees or permit any action against them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability or recover damages from CITY, ENGINEER, ENGINEER OF RECORD or their consultants, directors, officers, agents, or employees on account of these. 7.2.3 In the event that CITY incurs costs contrary to the provisions of this subsection, CITY will be entitled to deduct these costs from the Contract Price by issuing a Change Order. 7.3 Extensions in Contract Time. If CONTRACTOR is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor or entity performing work at the site noted in the Contract Documents, CONTRACTOR may request an extension in Contract Time; if CITY agrees that the delay requires an adjustment in Contract Time, CITY shall authorize the necessary extension of Contract Time. However, an extension in Contract Time(s), if so granted, shall be CONTRACTOR's sole and exclusive remedy with respect to CITY, ENGINEER, and ENGINEER OF RECORD, and their consultants, agents and employees for any delay, disruption, interference, inefficiency, extension, constructive acceleration or hindrance and associated costs, however caused, resulting from delays caused by others performing other work at the site. 7.4 Contract Time Coordination. 7.4.1 CONTRACTOR shall give prompt written notice to CITY, ENGINEER and any other affected contractor(s) whenever CONTRACTOR anticipates a conflict in Contract Time(s) related to or simultaneous with associated Contract Time’s in the work of others. Within seven (7) days thereafter, CONTRACTOR shall be required to deliver to ENGINEER proposed actions to either (a) prevent an adverse effect on the Progress Schedule of the other contractors arising from delays to the Work, or (b) prevent or overcome an adverse effect on the Progress Schedule for the Work arising from delays from another contract. 7.4.2 When Work is performed out of sequence and ahead of interfacing Work, CONTRACTOR shall be responsible for taking reasonable steps to minimize damage or loss to the Work which may be caused by others during the performance of their work, including, but not limited to, furnishing written notice to ENGINEER and to the other contractors that Work has been performed out of sequence and ahead of interfacing Work.


7.4.3 When work by others is performed out of sequence and ahead of interfacing Work, the said work shall be considered as if it had been shown on the Contract Documents. CONTRACTOR shall be responsible for protecting said work and shall replace, repair or otherwise settle with others any and all damage caused as a result of the performance of Work out of sequence.

SECTION 8 - CITY’S RESPONSIBILITIES

8.1 General. 8.1.1 CITY shall generally issue all communications to CONTRACTOR through ENGINEER. However, communications related to Contract Claims under the Purchasing and Contracts Division Procedures, shall be issued by the CITY’s Purchasing Manager or CITY Manager. 8.1.2 In case of termination of the employment of an ENGINEER, CITY shall appoint a new ENGINEER whose status under the Contract Documents shall be that of the former ENGINEER. 8.1.3 CITY shall furnish the data required of CITY under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in Section 14. 8.1.4 CITY’s duties in respect of providing lands and easements and engineering surveys to establish reference points, and identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ENGINEER OF RECORD in preparing the Drawings and Specifications are set forth in Section 4. 8.1.5 CITY will issue unilaterally or negotiate, at its discretion, Change Orders as provided in these Contract Documents. 8.1.6 CITY’s responsibility in respect of certain inspections, tests and approvals is set forth in Section 13.

8.1.7 CITY may allow its consultants, agents, attorneys, employees, and others access to the site. CONTRACTOR shall cooperate with CITY in allowing such access. SECTION 9 - ENGINEER’S AND ENGINEER OF RECORD'S STATUS DURING CONSTRUCTION

9.1 CITY’S Representative. ENGINEER will be CITY’s representative during the construction of the Work. The duties and responsibilities and the limitations of authority of ENGINEER as CITY’s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of CITY and ENGINEER. 9.2 Visits to Site. 9.2.1 ENGINEER OF RECORD may make visits to the site at intervals appropriate to the various stages of construction 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.


9.2.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction 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. 9.3 Project Representation. ENGINEER, in the ENGINEER’s sole discretion, may furnish a Project Manager and Field Representative(s) including inspectors to assist ENGINEER in observing the performance of the Work. In the event that ENGINEER elects not to furnish a Project Manager, Field Representative or Inspectors, the ENGINEER or its designated agents shall perform the duties of the Project Manager, Field Representative or Inspectors set forth in the Contract Documents. CITY may designate another agent to represent CITY at the site who is not ENGINEER’s agent or employee. 9.4 Duties, Responsibilities and Limitations of Authority of Project Manager. 9.4.1 Project Manager will act as directed by ENGINEER and will confer with ENGINEER regarding his activities. Project Manager will perform the duties and responsibilities described herein with the assistance of Field Representative(s). ENGINEER shall generally issue all communications to CONTRACTOR through Project Manager, including but not limited to communications directed to CONTRACTOR, from CITY through ENGINEER. CONTRACTOR shall generally issue all communications to CITY, ENGINEER OF RECORD and ENGINEER through Project Manager. 9.4.2 Project Manager will provide instructions to Field Representative(s) on procedures to be followed and schedule inspections of the Work; review daily inspection reports prepared by Field Representative(s); prepare draft Field Orders, Change Requests or Change Orders as required and review them with Field Representative(s), ENGINEER or CITY, as applicable. 9.4.3 Project Manager will attend meetings with CONTRACTOR, such as the Preconstruction Conference, Project Meetings and any other Project related meetings and prepare and circulate copies of minutes thereof. The preparation and circulation of minutes of preconstruction conferences, Project meetings and any other Project related meetings shall not relieve CONTRACTOR of CONTRACTOR's responsibility to coordinate the work of the CITY, utility contractors, or the work of others or the CONTRACTOR's responsibility for scheduling and sequencing its Work with the work of the CITY, utility contractors or the work of others. 9.4.4 Project Manager will serve as ENGINEER’s liaison with CONTRACTOR, Working principally through CONTRACTOR's superintendent, to assist in understanding the intent of the Contract Documents, and will serve as CITY’s liaison with CONTRACTOR when CONTRACTOR's operations affect CITY’s on-site operations, and when additional information is required from CITY for proper execution of the Work. 9.4.5 Project Manager will advise CONTRACTOR, through or with the assistance of Field Representative(s), of the commencement of any Work requiring a Shop Drawing or sample, when it is observed that a submittal has not been reviewed by ENGINEER OF RECORD. 9.4.6 Project Manager will conduct general on-site observations of the Work in progress and receive Field Representative(s)'s observation comments and non-conformance reports, to determine if the Work is proceeding in accordance with the Contract Documents.


9.4.7 Project Manager will notify CONTRACTOR of disapproval or rejection of Work whenever Project Manager or ENGINEER believe that any Work is Defective, and will notify CONTRACTOR whether Defective Work is to be corrected, or replaced. 9.4.8 Project Manager will notify CONTRACTOR of any Work that is to be uncovered for observation, testing inspection or approval. 9.4.9 Project Manager will accompany, through or with the assistance of Field Representative(s), visiting inspectors representing governmental or other agencies having jurisdiction over the Project, and record the results of the inspections and report to ENGINEER. 9.4.10 Project Manager will transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 9.4.11 Project Manager will consider and evaluate CONTRACTOR's proposed variations and the changes in the Work or the Contract Documents and report such proposals and evaluations to ENGINEER. Project Manager will communicate decisions on such proposals to CONTRACTOR as issued by ENGINEER or CITY. 9.4.12 Project Manager will report promptly to ENGINEER and CITY upon gaining knowledge of the occurrence of any accident at the site. 9.4.13 Project Manager will prepare reports of the progress of the Work and of CONTRACTOR's compliance with the Progress Schedule. 9.4.14 Project Manager will consult as appropriate with ENGINEER in advance of scheduled major tests, inspections or the commencement of important phases of the Work. 9.4.15 Project Manager will review and evaluate CONTRACTOR's Application for Payment and advise ENGINEER accordingly. 9.4.16 Project Manager will review and evaluate CONTRACTOR's notice that CONTRACTOR considers the Work (or part thereof) substantially complete and advise ENGINEER accordingly. 9.4.17 Project Manager will observe whether all items on lists of items to be completed prior to Final Payment have been completed and make recommendations to ENGINEER concerning Acceptance. 9.4.18 During the course of the Work, the Project Manager will verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and deliver this Material to ENGINEER. 9.4.19 Project Manager will not: (1) authorize any variation or change in the Work or in the Contract Documents or approve any equivalent Material or Equipment; (2) exceed the limitations of Project Manager's authority as set forth in this document; (3) undertake any of the responsibilities of CONTRACTOR, Subcontractors or CONTRACTOR's superintendent, or expedite the Work; (4) inspect, advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents; (5) inspect, advise on or issue directions as to


safety precautions and programs in connection with the Work; (6) certify Substantial Completion of the Work; or (7) participate in specialized field or laboratory tests, unless qualified by an appropriate certifying agency. 9.5 Duties, Responsibilities and Limitations of Authority of Field Representative(s). 9.5.1 As requested by Project Manager, Field Representative(s) will assist in obtaining from CITY additional details or information, when required at the job site for proper execution of the Work. 9.5.2 Field Representative(s) will advise Project Manager and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample submission if he observes that a submittal(s) has not been reviewed by ENGINEER OF RECORD. 9.5.3 Field Representative(s) will conduct on-site observations of the Work in progress to assist Project Manager in determining if the Work is proceeding in accordance with the Contract Documents and that completed Work will substantially conform to the Contract Documents. 9.5.4 Field Representative(s) will notify CONTRACTOR and report to Project Manager for review and possible disapproval or rejection by ENGINEER or Project Manager whenever he believes that any Work is defective. 9.5.5 Field Representative(s) will notify CONTRACTOR and report to Project Manager for determination of necessary action by ENGINEER or Project Manager when he believes Work should be uncovered for observation, testing, inspection or approval. 9.5.6 Field Representative(s) will verify that tests, Equipment and systems start-ups and operating and maintenance instructions are conducted as required by the Contract Documents and in the presence of the required personnel and that CONTRACTOR maintains adequate records thereof; observe, record and report to Project Manager appropriate details relative to the test procedures and start-ups. 9.5.7 Field Representative(s) will report to Project Manager when clarifications and interpretations of the Contract Documents are needed or requested. 9.5.8 Field Representative(s) will keep a diary recording hours on the job site, weather conditions, data relative to questions of extras or deductions, lists of visiting officials and representatives of Suppliers, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Field Representative(s) will summarize such information on the daily diary and submit copies to Project Manager. 9.5.9 Field Representative(s) will assist Project Manager with record keeping as directed by Project Manager. 9.5.10 Field Representative(s) will report immediately to CITY, ENGINEER and Project Manager upon gaining knowledge of the occurrence of any accident. 9.5.11 Field Representative(s) will assist Project Manager with the review and evaluation of CONTRACTOR's Application for Payment, noting particularly their relation to the schedule of values, Work completed, and Materials and Equipment delivered at the site but not incorporated in the Work.


9.5.12 Field Representative(s) will prepare draft lists of items to be completed or corrected (punch lists) as directed by Project Manager. 9.5.13 Field Representative(s) will not: (1) authorize any variation or change in the Work or in the Contract Documents or approve any equivalent Material or Equipment; (2) exceed the limitations of Field Representative(s)'s authority as set forth in this document; (3) undertake any of the responsibilities of CONTRACTOR, Subcontractors or CONTRACTOR's superintendent, or expedite the Work; (4) inspect, advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents; (5) inspect, advise on or issue directions as to safety precautions and programs in connection with the Work; (6) certify Substantial Completion of the Work; or (7) participate in specialized field or laboratory tests unless qualified by an appropriate certifying agency. 9.6 Clarifications and Interpretations. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. 9.7 Authorized Variations in Work. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents and required to produce the intended result. These may be accomplished by a Field Order and will be binding on CONTRACTOR who shall perform the Work involved promptly. 9.8 Rejecting Defective Work. ENGINEER will have authority to disapprove or reject Work at any time during the construction of the Work, which ENGINEER believes to be Defective. ENGINEER will also have authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. When CONTRACTOR has been notified by ENGINEER of disapproval or rejection of Defective Work, CONTRACTOR shall take immediate action to correct or replace same. 9.9 Determinations of Quantities and Classifications of Unit Price Work. ENGINEER will determine the actual quantities of each classification of Unit Price Work. ENGINEER will review with CONTRACTOR, ENGINEER’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER’s written decisions thereon will be final and binding upon CONTRACTOR, unless, within seven (7) days after the date of any such decision, CONTRACTOR delivers to CITY written notice of a Contract Claim. 9.10 Decisions on Disputes. ENGINEER will be the initial interpreter of the requirements of the Contract Documents, and in such capacity will render initial determinations in respect of the acceptability of the Work thereunder. Unless otherwise provided in the Contract Documents, notices, proposals or other matter relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this subsection which ENGINEER will render within a reasonable time. ENGINEER’s written determination thereon shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to CITY written notice of a Contract Claim within seven (7) days of receipt of such decision.


9.11 Limitations on ENGINEER’s and ENGINEER OF RECORD's Responsibilities. 9.11.1 Neither ENGINEER’s or ENGINEER’s OF RECORD authority to act under this Section or elsewhere in the Contract Documents nor any decision or determination made by ENGINEER or ENGINEER OF RECORD in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of ENGINEER or ENGINEER OF RECORD to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any Surety for any of them. 9.11.2 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of ENGINEER or ENGINEER OF RECORD as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER or ENGINEER OF RECORD any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Section. 9.11.3 ENGINEER and ENGINEER OF RECORD will not be responsible for CONTRACTOR's means, schedules, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER and ENGINEER OF RECORD will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents.

9.11.4 ENGINEER and ENGINEER OF RECORD will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work.

SECTION 10. CHANGES IN THE WORK

10.1 Changes in the Work. 10.1.1 Without invalidating the Agreement and without notice to any Surety, CITY may, at any time, by duly executed Change Order, order changes within the scope of the Contract Documents consisting of additions, deletions or other revisions in the Work. Upon receipt of that order, CONTRACTOR shall promptly proceed or continue with the Work involved (based on the conditions stated and other applicable conditions in the Contract Documents). If a change under this Section causes an increase or decrease in the Contract Price or any extension or shortening of the Contract Time, CITY will make an adjustment as provided in Section 11. 10.1.2 CITY or ENGINEER may present to CONTRACTOR a change request requesting that CONTRACTOR submit a proposal for an adjustment in Contract Price or Contract Time or both for a proposed change in the Work. CONTRACTOR shall submit a proposed adjustment with all supporting data and the directions given in the change request within 14 days of receipt. Said proposed adjustment shall include an itemized estimate of all costs and time for the performance that will result directly or indirectly from the changes described. Estimates shall be prepared and in sufficient detail and with documentation such that ENGINEER can (1) analyze all Material, labor, Equipment, subcontract, overhead costs and fees, and any other


costs covering all aspects of the Work involved in the change, whether such was added, deleted, changed, or impacted; (2) determine that the proposal reflects all impacts on the Contract Documents of the proposed change; and (3) establish that all provisions of the Contract Documents have been complied with. 10.1.3 CITY or ENGINEER may give instructions which may result in changes in the Work not involving an adjustment in the Contract Price or the Contract Time when such changes are necessary or expedient to the satisfactory performance and completion of the Work. These instructions shall be binding on CONTRACTOR. Any instruction, direction, interpretation, or determination from CITY or ENGINEER which causes a change shall be treated as a change under this Section provided that CONTRACTOR gives ENGINEER written notice stating the date, circumstances, specific order, and that CONTRACTOR regards the instruction as a change. Such written notification shall be given to ENGINEER within seven (7) days after receipt and before CONTRACTOR acts on said instruction, direction, interpretation, or determination. No Contract Claim, change or notice by CONTRACTOR will be allowed if asserted after Work has commenced on, or if notice is not provided within the stated time limit provided after receipt of, the instruction, direction, interpretation, or determination from CITY, ENGINEER, or any other source. 10.1.4 In making changes under this Section, CITY may give consideration to a notice, proposal or Contract Claim from CONTRACTOR, provided the notice, proposal or Contract Claim is presented in accordance with the requirements of this Section. CONTRACTOR shall provide CITY or ENGINEER any additional or supplemental information requested for purposes of evaluation of CONTRACTOR's submittal, but such requests by the CITY or ENGINEER will not constitute acceptance of the notice, proposal or Contract Claim. 10.1.5 ENGINEER will evaluate a change notice from CONTRACTOR, and CITY will review with CONTRACTOR the results of the evaluation before rendering a determination. If CITY, with the advice of ENGINEER, concurs that a change in the Work has occurred or been ordered, CONTRACTOR will be directed to submit a proposal for an adjustment. If CITY concludes that a change has not occurred or been ordered, CITY’s determination shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to CITY written notice of a Contract Claim within seven (7) days from receipt of such decision.

10.2 Change Orders and Change Requests. 10.2.1 Contract Price, Contract Time or scope of the Work shall be changed only by Change Order (unilateral or bilateral). 10.2.2 A Change Order duly executed by CITY and CONTRACTOR provides for an all inclusive settlement for all changes and direct, supplemental, indirect, consequential and cumulative costs and delays, and CONTRACTOR's execution of the Change Order represents a waiver of any and all rights to file a Contract Claim on account of that instrument. An executed Change Order constitutes an accord and satisfaction of all claims related to the Change Order. 10.2.3 CITY and CONTRACTOR shall execute Change Orders covering changes in the Work (including any necessary adjustments in Contract Price or Contract Time) which are ordered or agreed to by the parties, changes in Contract Price or Contract Time which are agreed to in total with reasonable promptness. Adjustments to Contract Price resulting from changed Work shall only be included in Applications for Payment after a Change Order has been duly executed.


10.2.4 A Change Order, duly executed by CITY, but not executed by CONTRACTOR, or executed by CONTRACTOR with a notice of reservation of rights to claim additional adjustments under a Contract Claim, shall become final and binding on CONTRACTOR as a unilateral Change Order, without consideration of the reservation of rights, unless CONTRACTOR delivers to CITY written notice of a Contract Claim within seven (7) days after receipt of that instrument. 10.3 Waivers. 10.3.1 No Contract Claim by CONTRACTOR for an adjustment under these Contract Documents shall be allowed for any costs, disruption, suspension, interference, inefficiency, constructive acceleration or delay incurred more than seven (7) days before CONTRACTOR gives written notice as required. 10.3.2 No Contract Claim by CONTRACTOR for an adjustment under this Section shall be allowed if made after the date of Final Payment.

10.3.3 Additional Work performed without authorization of a Change Order will not entitle CONTRACTOR to an increase in Contract Price or an extension of Contract Time. 10.3.4 CONTRACTOR acknowledges that there may be changes during the course of the Work and acknowledges that the probable effect of changes has been accounted for in the development of the Contract Price and Progress Schedule. Whenever CONTRACTOR makes a Contract Claim under Section 11 such Contract Claim shall include the total amount of adjustment in Contract Price and Contract Time to which the CONTRACTOR believes it is entitled. Except as CITY and CONTRACTOR may otherwise agree in writing, CONTRACTOR shall be deemed to have waived (1) any adjustment to which it might otherwise be entitled under Section 11 where such Contract Claim fails to request such adjustments, (2) any increase in the amount of adjustment additional to that requested in the Contract Claim, and (3) any Contract Claim for reimbursement of impact allegedly resulting from the cumulative effect of the number, nature, or extent of any changes. 10.3.5 CONTRACTOR recognizes and accepts the notice provisions of these Contract Documents as material conditions of the Contract Documents and agrees to make no claim based upon CITY’S actual notice or lack of prejudice to the CITY.

SECTION 11. CHANGES IN CONTRACT PRICE OR CONTRACT TIME 11.1 Changes in Contract Price or Contract Time. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for the Work. All duties, responsibilities, risks of every nature, and obligations assigned or undertaken by CONTRACTOR shall be at CONTRACTOR's sole expense without change in the Contract Price or Contract Time except as set out below. 11.2 Change Requests or Contract Claims Substantiating Adjustments. 11.2.1 Supporting data for any change request or Contract Claim by the CONTRACTOR shall include at a minimum a complete and detailed breakdown of the proposed price and a detailed explanation of any time impact for the change. Said proposed price shall be based on the lowest reasonable cost consistent with sound construction practice. Such breakdown shall include itemizations by trade of all labor with man hours and


hourly rates, Equipment with hours of use and rates, and Material by item with costs, all in sufficient detail to evaluate the cost of the individual components of the Work, including copies of purchase orders, invoices and subcontract change orders. 11.2.2 CONTRACTOR change request or Contract Claim shall state in writing, and provide evidence that the amounts included cover all direct, supplemental, indirect, consequential, and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite CONTRACTOR's reasonable, prudent and diligent efforts to mitigate them. 11.2.3 CONTRACTOR change request and Contract Claim supporting data shall become due within seven (7) days of receipt of a change request or receipt by CITY of written notice of Contract Claim and shall remain firm for a period of not less than sixty (60) days from receipt by ENGINEER of the proposal or supporting data. Any delay in the submittal of change request or Contract Claim will not justify or constitute basis for an increase in Contract Price or Contract Time. Contract Claims shall be submitted on the forms provided in the Contract Documents. 11.2.4 Failure of CONTRACTOR to comply with the time requirements for written notice or for submittal of supporting data shall be considered a waiver by CONTRACTOR of any Contract Claim for an addition to the Contract Price or an adjustment to the Contract Time and CONTRACTOR agrees that no additional compensation or time adjustments are due if the provisions of Section 10 and this Section are not complied with. 11.2.5 Where the change in Contract Price arises from changes in the schedule of all or part of the Work, or where a change in Contract Time is sought, the change request shall be based on a detailed analysis of the Progress Schedule, and shall cover all applicable elements affecting the Work involved. 11.2.6 Contract Claims shall cover all aspects of the Work involved, whether relating to deleted, added, revised, or impacted items of Work. Amounts for Subcontractors or Suppliers at any tier shall be equally supported. 11.2.7 Contract Claims for an adjustment in Contract Price or Contract Time shall not be valid unless submitted in accordance with Section 10 and this Section. 11.2.8 Contract Claims shall be resolved under the Purchasing and Contracts Division Procedures provisions.

11.3 Methods for Determining Adjustments in Contract Price. 11.3.1 The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered, negotiated pursuant to these General Conditions, or a Contract Claim, collectively to be referred to as the "Work involved," are limited to the following: 11.3.2 Where the Work involved is covered or is of the same character as Unit Price Work (whether the Work involved is within the Project limits or not), by application of those Unit Prices to the quantities of the items involved (subject to the provisions covering Unit Price Work). No additional allowances or charges shall be added to these Unit Prices.


11.3.3 Where the Work involved is not covered by Unit Prices contained in the Contract Documents, Unit Prices may be negotiated on the basis of costs calculated in accordance with this Section. 11.3.4 By mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR's itemized estimate of the anticipated cost of the Work involved, determined as specified in this Section. 11.3.5 Where CITY and CONTRACTOR cannot agree on any of the methods described in subsections 11.3.2, 11.3.3, or 11.3.4, CITY may direct CONTRACTOR to proceed with the Work involved on the basis of actual costs in accordance with this Section. When the cost of the Work basis is directed by CITY, CITY shall prescribe the required procedures for accounting of the allowed costs. These procedures shall include daily accounting of the Material and Equipment used and labor employed. Failure to submit this information for acknowledgement by the ENGINEER within one day after any part of the Work is performed shall result in any discrepancy between ENGINEER’s records and CONTRACTOR's records being resolved in favor of the ENGINEER’s records. 11.3.6 Where CITY and CONTRACTOR cannot agree on any of the methods described in subsections 11.3.2, 11.3.3, or 11.3.4, and the CITY does not wish to proceed on a Cost of the Work basis as described in subsection 11.3.5, CITY with the advice of ENGINEER shall determine a reasonable adjustment of the Contract Price for the Work involved on the basis as described in Section 10 and this Section. The adjustment in Contract Price and Contract Time will be issued by unilateral Change Order and CONTRACTOR shall be paid on that basis. CITY’s determination shall be final and binding unless CONTRACTOR delivers to CITY written notice of a Contract Claim within seven (7) days of receipt of such unilateral Change Order. 11.3.7 Where the Work involved is not covered by any of the preceding methods, and when payment is to be determined in any alternative dispute, resolution procedure or by a court of competent jurisdiction, it is agreed that the actual cost of the Work method shall be the appropriate method for determining the cost of the Work involved. Payroll, Equipment, Material and other costs will only be allowable when determined from daily time sheets which expressly correlate to the Work involved, were prepared while Work was in progress, clearly list actual units and usage, and were submitted to ENGINEER as the Work was performed. Costs, including but not limited to, office overhead and home office overhead of CONTRACTOR or subcontractors of every tier, shall not be derived from the computation of a rate by application of the Eichleay, Allegheny, Burden Fluctuation, total cost, or other similar formula based methodology. 11.3.8 Anticipated or actual costs computed for the Work involved means the sum of all incremental costs which would be, or actually were, necessarily incurred by CONTRACTOR in the proper performance of the Work. Those costs shall be in amounts no higher than those prevailing in the locality of the Project or as allowed elsewhere in these Contract Documents, and shall include only the appropriate items for labor, Material, Equipment, and supplemental costs specified below.

11.4 Determining Cost Adjustments to Changes in Contract Price. 11.4.1 CONTRACTOR shall provide to ENGINEER proof of any burdens, including insurance costs, added to base wages to determine payroll costs described in this Section. 11.4.2.1 Changes in the Contract Price made on the basis of the methods described in Section 11.3 shall be based upon the following: Payroll costs for craft labor in the direct employ of CONTRACTOR assigned to the site and engaged in furnishing and incorporating Materials or Equipment in the Work involved. Payroll costs shall include wages plus the necessary labor burdens, which may include social security, unemployment,


Workers compensation, health and retirement benefits, vacation and Holiday pay, and other payments pursuant to union agreements but shall exclude profit sharing, bonuses, and similar remunerations. Labor charges shall be allowed only for hourly labor directly involved in the Work. Such personnel may include Working foreman at the site. The cost of all salaried employees shall be considered as a part of allowances allowed in this Section. Labor rates shall be as actually paid based on certified payroll records or in accordance with general rates for various pay categories established by union agreements or by mutual agreement between CITY and CONTRACTOR prior to the commencement of the Work. The expenses of performing Work outside of normal Working hours, on weekends or Holidays, shall be included in the above to the extent authorized by CITY as set out in the Contract Documents. 11.4.2.2 Payments by CONTRACTOR to Suppliers for all Material and Equipment in the Work involved, including transportation and storage costs, and necessary Suppliers field services. All cash deposits shall accrue to CITY, if CITY advances funds to CONTRACTOR with which to make payments. All trade discounts, rebates and refunds and all returns from sale of surplus items shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. When required by CITY, CONTRACTOR shall obtain competitive bids from Suppliers in order to achieve a reasonable price. When determining Material and Equipment costs, actual invoices segregating items associated with Work involved shall be the record upon which actual costs shall be based. 11.4.2.3 Payments by CONTRACTOR to Subcontractors for Work involved performed by Subcontractors. When required by CITY, CONTRACTOR shall obtain competitive detailed bids from Subcontractors in order to achieve a reasonable price. When determining Subcontractor costs at any tier, the Subcontractor's Cost shall be determined in the same manner as CONTRACTOR's costs. All Subcontracts shall be subject to the provisions of this Section insofar as applicable. 11.4.2.4 Costs of field supplies consumed in the performance of the Work involved, and purchase costs of small tools used or consumed in the performance of the Work involved (and purchase cost less market value if used but not consumed) which are individually valued at less than $1,000.00. Consumable shall include such items as rags, nails, fasteners, weld rod, gases, lubricants, paper, grout, stakes, power and fuel for tools and Equipment, chains, cables, hoses, water, and similar items normally used in the course of the Work. Costs of field supplies will be paid as a percentage of direct labor cost in an amount that shall not exceed the allowance shown in this Section. 11.4.2.5 Equipment costs required solely in connection with the Work involved reflecting rented or leased or owned Equipment cost for individual construction Equipment or machinery whose replacement value is in excess of $1,000.00. Transportation, loading and unloading, installation, dismantling and removal costs shall be included only if such Equipment is or was transported to the site solely to perform the Work involved. All Equipment costs shall cease when the Equipment is no longer necessary to perform the Work involved. Payroll costs for craft labor operating the Equipment shall be as in subsection 11.4. Equipment costs shall be computed using the same accounting and estimating rules regardless of whether related to added or deleted items of Work. 11.4.2.6 Rented or owned Equipment at the site, and not in actual use, shall be paid at the rates for rented Equipment, or on the basis of fifty percent (50%) of the rates for owned Equipment, respectively, as specified below. In no event shall the idle time claimed in a day exceed the established normal Working hours. Payments for idle Equipment shall come due only as long as the Equipment was idled solely by actions of CITY, and provided that the idle period exceeds that normally experienced for such Equipment.


11.4.2.7 Except as provided below, for Equipment rented or leased, CONTRACTOR shall be entitled to amounts based on negotiated rental or lease rates, but in no event shall the amounts allowed exceed an hourly rate based on the monthly rates, listed in the most current and most appropriate Rental Rate Blue Book (Blue Book) published by Dataquest, Inc. for the area where the Project is located (presently three (3) volumes, relating to Equipment of various ages) divided by one hundred seventy six (176) hours per month. Rates for Equipment not included in the Blue Book shall be interpolated or extrapolated from the information contained therein. In addition to the rental or leasing rate, operating costs shall not exceed the estimated hourly operation rate in the Blue Book. For multiple shift Work, the allowable Equipment rate for second or third shifts shall not exceed fifty percent (50%) of the adjusted base rate. 11.4.2.8 For Equipment rented or leased from lessor firms associated with or owned by CONTRACTOR, CONTRACTOR shall be entitled to reimbursement as though the Equipment was owned Equipment, as specified below. 11.4.2.9 For Equipment owned by CONTRACTOR, CONTRACTOR shall be entitled to costs based on billings established by his normal accounting practices, but in no event shall those costs exceed the maximum allowable costs for rented or leased Equipment. 11.4.2.10 Costs of special consultants who are not employees in the direct employ of CONTRACTOR or any of the Subcontractors or Suppliers, or special Subcontractors; provided that those costs are or were authorized by CITY prior to proceeding with the Work involved, and only if their activities are not covered by costs included under subsection 11.4, or are not excluded by subsection 11.9. 11.4.2.11 Sales, consumer, or similar taxes related to the Work involved, and for which CONTRACTOR is liable, royalty payments, and fees for permits and licenses, any of them related solely to the Work involved. 11.4.2.12 Deposits to be lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly to be employed by any of them or for whose acts any of them may be liable, related solely to the Work involved. 11.4.2.13 Increased costs of premiums for Bonds and Insurance resulting solely because of the Work involved. 11.5 Costs Covered by CONTRACTOR's Allowances. 11.5.1 Except as otherwise specifically provided in subsection 11.9, the cost of the Work involved shall not include any of the following costs, all of which are considered to be covered by CONTRACTOR's Allowances: 11.5.2 Payroll costs and other compensation of personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for management or administration of the Work, including, but not limited to, (a) CONTRACTOR's officers, executives, principals, general managers, Project managers, Project Managers, estimators, schedulers, detailers, claims consultants, attorneys, auditors, accountants, purchasing and contracting agents, expediters, and (b) resident superintendents, nonworking foremen, field engineers and architects, safety personnel, timekeepers, and clerks.


11.5.3 Expenses of CONTRACTOR's principal, branch and site offices and all field and home office overhead expenses of any nature except as authorized in writing by CITY prior to proceeding with the Work involved. 11.5.4 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work involved and charges for delinquent payments. 11.5.5 Costs due to the fault or 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 deposits to be lost, costs to correct Defective Work, disposal of Materials or Equipment wrongly supplied and making good any damage to property. 11.5.6 Market value of small tools used but not consumed which remain in the property of CONTRACTOR. 11.5.7 Costs associated with the preparation of Change Orders (whether or not ultimately authorized by CITY), or the preparation or filing of Contract Claims or other claims of any nature. 11.5.8 Expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage. 11.5.9 Costs derived from the computation of a "home office overhead" rate by application of the Eichleay, Allegheny, Burden Fluctuation, total cost, or other similar formula based methods. 11.5.10 Costs of special consultants or attorneys, whether or not in the direct employ of CONTRACTOR, employed for services specifically related to the resolution of a Contract Claim, dispute, or other matter relating to the acceptability of the Work. 11.5.11 Other administrative expense or contingent costs of any kind, and the costs of any item not specifically and expressly included in Section 11. 11.6 CONTRACTOR Allowances for Changes to the Work. CONTRACTOR's allowances, which includes costs not directly chargeable under this Section, expenses itemized in subsection 11.5, and profit shall not exceed the following percentages of the various portions of the Work involved. The percentages for allowances are specific as to each identified cost element and are not layered or cumulative in effect. No other allowances in addition to these will be allowed.

Allowance Allowances Cost Element For Additions for Deletions CONTRACTOR and Subcontractor labor per subsection 11.4.2.1. exclusive of the premium portion of craft labor 15% (7.5)%


CONTRACTOR and Subcontractor Equipment and Materials per subsection 11.4.2.2. 15% (7.5)% Subcontractor costs resulting from direct Subagreement with CONTRACTOR per subsection 11.4.2.3. 5% (2.5)% Allowance for small tools and consumable per subsection 11.4.2.4. (percentage of direct labor) 2% 0% CONTRACTOR and Subcontractor owned or rented Equipment per subsection 11.4.2.5. 15% (7.5)% CONTRACTOR and Subcontractor supplemental costs per subsection 11.4.2.9. premium portion of craft labor costs; and other authorized costs. 0% 0%

11.7 Unit Price Work.

11.7.1 Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 11.7.2 CONTRACTOR shall promptly, after becoming aware of, and before proceeding with any quantities of affected Work, notify CITY in writing of any additional or reduced quantities for an item of Unit Price Work. 11.7.3 CITY reserves the right to notify CONTRACTOR in writing of any variation in quantities meeting the criteria established in this subsection. 11.7.4 Prior to Final Payment, or before the total amount paid exceeds the established Contract Price, an appropriate Change Order will be issued on the recommendation of ENGINEER, to adjust the estimated quantities for Unit Price Work and to correspondingly adjust the Contract Price. 11.7.5 If CITY determines that the additional or reduced quantities for an item of Unit Price Work justify an adjustment in the Unit Price, CITY shall authorize such an adjustment. No adjustment shall be provided under this subsection unless the variation between actual and estimated quantities for all Unit Price


Work result in an increase or decrease in Contract Price by more than ten percent (10%). If CITY determines that the Unit Prices established in the Contract Documents are valid even for the additional or lower quantities, that decision shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to CITY written notice of a Contract Claim within seven (7) days from receipt of such decision. 11.7.6 In re-evaluating Unit Prices contained in the Contract Documents, CONTRACTOR and CITY shall take into account increases or decreases in CONTRACTOR's supplemental and administrative costs for the performance of the Work solely as a result of the variation in quantities, as opposed to as a result of CONTRACTOR's fault or negligence, or bid estimate errors. 11.8 Cash Allowances. It is understood that when cash allowances are named in the Contract Documents CONTRACTOR has included in the Contract Price all allowances so named. CONTRACTOR shall cause the Work so covered to be within the limit of the allowances set forth in the Contract Documents. Upon Final Payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as the CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid.

11.9 Criteria for Determining Adjustments in Contract Time.

11.9.1 The criteria to be used to determine an adjustment in Contract Time necessitated by changes ordered or negotiated pursuant to these General Conditions or a Contract Claim, are limited to the following: 11.9.2 An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Progress Schedule that the increases in the time to complete the Work, or specified part of the Work, beyond the corresponding Contract Time(s) arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time. An adjustment in Contract Time will be based solely upon net increases in the time required for the performance or completion of parts of the Work controlling achievement of the corresponding Contract Time(s) at the time that the incident which causes the change occurs. However, even if the time required for the performance or completion of Controlling Work Items of the Work is extended, an extension in Contract Time will not be granted until performance or completion of the Controlling Work Items necessarily extends beyond the Contract Time in question despite CONTRACTOR's reasonable and diligent actions to guard against those effects. Examples of unforeseeable causes include: (1) acts of God or of the public enemy; (2) acts of CITY or ENGINEER in its sovereign or contractual capacity; (3) acts of the Government or another Public Entity in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the CITY, if not identified in the Contract; (5) fires, floods, epidemics, quarantine restrictions; (6) sink holes, archaeological finds; (7) strikes, freight embargoes; (8) unusually severe weather; (9) a case of differing physical conditions; and (10) unusually severe shortages of construction Materials from such causes as area-wide shortages, an industry-wide strike, or a natural disaster which affects all feasible sources of supply. 11.9.3 Notwithstanding any provisions in the Contract Documents to the contrary, an extension of Contract Time shall be the sole remedy of CONTRACTOR for any delay of any kind. The CITY’s exercise of any of its rights under Section 10 and this Section regardless of the extent or number of the changes, or the CITY’s exercise of its remedies of stopping the Work or requiring correction or re-execution of any defective


Work shall not under any circumstances be construed as active or intentional interference with the CONTRACTOR's performance of the Work. 11.10 Waivers. The CONTRACTOR expressly waives recovery (1) of acceleration costs incurred as an alternative to an extension in Contract Time on account of delays not meeting the requirements for extensions in Contract Time or an adjustment in Contract Price; (2) of escalation costs for any part of the Work; and, (3) of any Contract Claim for an addition to the Contract Price when the CONTRACTOR fails to comply with the time requirements for notice or submittal of supporting data under these Contract Documents.

SECTION 12 - SCHEDULES

12.1 Project and Submittal Schedules. 12.1.1 Types of Schedules

12.1.1.1 Project Schedule:

12.1.1.1.1 Project Schedule Definitions:

a) Work Items are the significant activities of the Project. There is no one “right way” to define Work Items for a given project, however all significant project activities must be identified in sufficient detail to track progress towards project completion.

b) Start Date and Finish Date are the dates a Work Item will begin and will be completed. c) Duration is the length of time it takes for a Work Item to be completed, from Start Date

to Finish Date. d) Sequence is the order in which the Work Items must be completed. This includes Work

Items that are done concurrently (at the same time), sequentially (must finish one before starting the next) or overlap (may start one before finishing the other).

e) Critical Path is the sequence of those Work Items whose durations determine the length of time needed to complete the entire project from start to finish.

f) Controlling Work Items are those Work Items on the Critical Path. g) Float Time is the time a Work Item not on the Critical Path could be delayed without

affecting the Critical Path. 12.1.1.1.2 CONTRACTOR shall prepare and submit for ENGINEER’s review a time scaled Project Schedule. The Project Schedule shall show the sequence in which CONTRACTOR proposes to accomplish the Work Items (including procurement of Materials and Equipment) and shall clearly depict the order, interdependence, duration, and installation man-days by craft of each Work Item. The Project Schedule shall show all of the Work Items to be completed and the duration of the Critical Path leading to each substantial and final completion requirement. The duration of the Project Schedule’s Critical Path shall comply with the Contract Time and shall meet the Contract Agreement’s substantial and final completion requirements. The float time for each Work Item not on the critical path shall be depicted. At a minimum, a schedule diagram shall be submitted which is neatly lettered and legibly drawn to a time scale. The Project Schedule breakdown shall be by divisions of Work subdivided into areas or facilities in sufficient detail so that ENGINEER may readily evaluate CONTRACTOR's progress at any given time during the project and shall be arranged and itemized so ENGINEER can evaluate CONTRACTOR'S requests for progress payments.


12.1.1.1.3 CONTRACTOR shall include in the Project Schedule Work Item(s) clearly showing CONTRACTOR's coordination of all utility work at, or adjacent to, the Project site. These Work Item(s) apply to all utility work at the site; including all connections to existing utilities, removal, re-locations and adjustments (temporary and permanent) regardless of whether the work is performed by CONTRACTOR, the CITY’s own forces or by others. The CONTRACTOR shall assign reasonable and realistic start and finish dates to utility relocation work item(s) and must include a mandatory thirty (30) days minimum float time. The thirty (30) days of float time for utility relocations must be clearly depicted on the Project Schedule. The CITY will not consider any Contract Time extensions related to utility coordination matters unless the utility related delays exceed the thirty (30) Days float time and extend the Critical Path of the Project Schedule. 12.1.1.2 Shop Drawing Schedule: CONTRACTOR shall prepare and submit to ENGINEER for review, a schedule of Shop Drawing and sample submissions. This schedule shall consist of a list of the submittals to be made over the course of the Project; anticipated and actual dates of submittal and return for both initial and resubmissions; and the anticipated dates of submittal approval so as not to delay the Project. The schedule shall allow for review and processing time by ENGINEER OF RECORD and ENGINEER. 12.1.1.3 Manpower/Cash Flow Schedule: CONTRACTOR shall prepare and submit to ENGINEER for review with the Project Schedule, manpower charts and cash flow Projections contemplated or required by the schedule in a form acceptable to ENGINEER. Updated plan and actual expended manpower charts and cash flow Projections shall be submitted with each monthly or interim Project Schedule submission. 12.1.2 Submittal. 12.1.2.1 CONTRACTOR shall submit to the ENGINEER for ENGINEER’s acceptance the initial Project Schedule within thirty (30) Days of the Notice To Proceed date. 12.1.2.2 CONTRACTOR shall enter on the Project Schedules the actual progress on a monthly basis, or at such intervals as requested by ENGINEER, and shall deliver to ENGINEER five (5) copies of the schedule documentation. 12.1.2.3 Updated Project Schedules are to be submitted with each Application for Payment. An Application for Payment shall not be paid until the schedule submittal, including cash flow projections, and any requested corrections or clarifications have been accepted by ENGINEER for inclusion into the Application for Payment. If additional updated schedules are requested by ENGINEER they are to be provided within seven days of the date of request, but do not constitute permission to submit additional Applications for Payment. 12.1.3 Review. 12.1.3.1 ENGINEER shall review schedule submittals. If, in the opinion of ENGINEER, the schedule (1) does not accurately reflect CONTRACTOR's actual progress or Work plan or, (2) is unreasonable or cannot be used to effectively evaluate CONTRACTOR's progress or, (3) is not in compliance with this Section and other appropriate sections of the Contract Documents, it will be returned to CONTRACTOR for corrections or clarification. CONTRACTOR shall make the necessary corrections and resubmit or shall respond in detail to ENGINEER’s comments and request that the submittal be accepted without modification. Failure by CONTRACTOR to provide corrections or clarifications to schedule submittals as directed by ENGINEER shall constitute reason to withhold approval of any Application for Payment.


12.1.3.2 ENGINEER’s review of schedule submittals shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called CITY’s attention to each such variation at the time of submission and CITY has given written approval of each such variation; nor shall any approval by CITY or ENGINEER relieve CONTRACTOR from responsibility for compliance with any provision of the Contract Documents. 12.1.4 The Contract Time establishes the period and duration in which CITY expects the Work to be performed. Any schedule which shows completion ahead of the Contract Time shall include additional supporting data to explain the basis of the shorter time for performance. Submission by CONTRACTOR of any schedule indicating completion ahead of schedule shall not constitute an adjustment in Contract Time; however, CONTRACTOR may complete the Work ahead of the Contract Time and close out the Work as provided in the Contract Documents. The increased schedule flexibility represented in the shorter schedule shall allow the use of the increased schedule flexibility by the CITY. In any case CITY shall not be responsible for any costs, actual or anticipated, resulting from any delay to CONTRACTOR that prevents completion of any part or all of the Work unless it prevents completion by the Contract Time(s); nor shall the CITY be obligated to incur any additional costs for administration or inspection of the CONTRACTOR's voluntary accelerated Work. No Contract Claims for Contract Time or Contract Price shall be compensated to the CONTRACTOR for CITY delay, disruption, interference, inefficiency, constructive acceleration or other time impacts prior to the original Contract Time(s) for completion of the Work. 12.1.5 It is understood that revisions in the schedule are inherent in the nature of construction especially when the Work involves Underground Facilities and utilities. This may require that changes be made in the schedule to reflect the dynamic nature of the design and the Work. Actions by CITY, ENGINEER or ENGINEER OF RECORD that may affect the progress of any part or all of the Work shall make use of the flexibility in the Project Schedule, often expressed as schedule float or slack time, and that which may result from changes in the sequencing of individual Work items, to limit the impact of such actions. The flexibility in the Project Schedule shall not be limited by the inclusion of restraints, logic or imposed dates into the schedule that cannot be reasonably justified. Float or slack time is defined as the amount of time between the early start date and the late start date or the early finish date and the late finish date of any of the activities on the Project Schedule. Positive float or slack time is for the exclusive use or benefit of CITY. Positive float or slack time is owned and belongs to the CITY and must be used in the best interest of the public to assure timely completion of the Work. Therefore, any float or slack time shall be used to the maximum extent possible to offset: (1) unexpected delays which occur in connection with the Work; (2) acts of God; and (3) change actions initiated by the CITY including, but not limited to, unilateral Change Orders and acceleration orders. 12.1.6 After Substantial Completion, but prior to Final Payment, CONTRACTOR shall submit an as-built schedule. The schedule shall reflect (1) all as-built critical paths, (2) all contract activities, including all added activities, with their actual start and finish dates, (3) the actual number of separate Work days during which Work was performed on each activity, and (4) the actual number of man-days that were required to complete each activity. 12.1.7 It is expressly agreed that CONTRACTOR shall not be entitled to damages for any type of delay whatsoever under any circumstances and the CONTRACTOR expressly waives any increase in Contract Price or damages of any type on account of time impacts to the Project Schedule including, but not limited to, Contract Claims for delay, disruption, suspension, interference, inefficiency and constructive acceleration. It is further expressly agreed that the exclusive remedy for time impacts to the Project Schedule including, but not limited to, Contract Claims for delay, disruption, suspension, interference, inefficiency and constructive


acceleration, will consist of Contract Time extensions under the terms of the Contract Documents and will exclude the CONTRACTOR's right to recover any time impact monetary damages of any nature from CITY. The parties agree that this no damages for delay clause applies to all damages or claims that may arise because of delay or acceleration of any nature experienced by CONTRACTOR, no matter how caused, because of acts or omissions of the CITY, the presence and operations of the CITY performing work with its forces, the work of utility contractors, or the work of others at the Project site; the CITY assumes no direct or vicarious liability for any losses and expenses incurred by CONTRACTOR. In the event that this subsection is found by a court of competent jurisdiction to be void or inapplicable, then CONTRACTOR shall compute all damage claims as provided in subsection 17.9 of these General Conditions. 12.1.8 Delays of Subcontractors, suppliers, materialmen, or others selected by CONTRACTOR or CONTRACTOR's Subcontractors, without regard to the tier or privity of contract between the CONTRACTOR and CONTRACTOR's Subcontractors, shall not be excusable to the CONTRACTOR and shall not be the basis of a Contract Claim for Contract Time or Contract Price by CONTRACTOR.

SECTION 13 - WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE Work

13.1 Warranty and Guarantee. CONTRACTOR warrants and guarantees that all Work will be in accordance with the Contract Documents and will not be Defective. All Defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Section. The obligations of CONTRACTOR under this subsection shall be in addition to and not in limitation of any obligation imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by Laws or Regulations. 13.2 Access to Work. CITY, ENGINEER, ENGINEER OF RECORD, their representatives, testing agencies and governmental entities with jurisdiction shall be permitted access to the Work for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 Tests and Inspections. 13.3.1 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. Inspections, tests or observations by ENGINEER, ENGINEER OF RECORD, CITY or their agents may be performed at their discretion to provide information to the CITY on the progress of the Work. However, such information is not intended to fulfill the CONTRACTOR's obligations in accordance with the Contract Documents. 13.3.2 If any law, ordinance, rule, regulation, code or order of any public body, government entity or court having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all related costs, schedule related activities at appropriate times, and furnish ENGINEER 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 CITY’s or ENGINEER’s acceptance of a proposed manufacturer, fabricator, supplier or distributor of Materials or Equipment proposed to be incorporated in the Work, or of Material or Equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation of the Work. All inspections, tests or approvals shall be performed by persons or organizations acceptable to CITY and ENGINEER.


13.3.3 The CONTRACTOR shall perform sufficient testing and inspection of the Work to support the Warranty and Guaranty requirements. 13.3.4 Neither observations by ENGINEER or CITY nor inspections, tests or approvals by others shall relieve CONTRACTOR from their obligations to perform the Work in accordance with the Contract Documents. 13.3.5 If any testing, inspection or approval under this subsection reveal Defective Work, CONTRACTOR shall not be allowed to receive any associated costs and CITY shall be entitled to deduct from the Contract Price, by issuing a Change Order, CITY’s costs arising out of the Defective Work, including costs of repeated procedures, compensation for ENGINEER’s and ENGINEER OF RECORD's services and other related costs. 13.4 Uncovering Work. 13.4.1 If any Work that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense and will exclude the right to an increase in the Contract Price or Contract Time unless CONTRACTOR has given ENGINEER timely written notice of CONTRACTOR's intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. 13.4.2 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, Material and Equipment. If it is found that such Work is Defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, any additional expenses experienced by the CITY due to delays to others performing additional Work, other contractual obligations, and attorneys' fees and CITY shall be entitled to issue an appropriate deductive Change Order. CONTRACTOR shall further bear the responsibility for maintaining the schedule and will not be allowed an increase in Contract Price or Contract Time due to the uncovering. If, however, such Work is not found to be Defective, and subsection 13.4.1 is not applicable, CONTRACTOR shall be allowed an increase in the Contract Price or the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if it makes a Contract Claim therefor as provided in Section 10. 13.5 Correction or Removal of Defective Work. CONTRACTOR shall promptly, without cost to CITY and as specified by ENGINEER, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with conforming Work. The CONTRACTOR shall bear the cost of repairing or replacing all Work and property of the CITY or others destroyed or damaged or in any way impacted by such correction or removal. 13.6 Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of Defective Work, CITY prefers to accept it, CITY may do so. In such case, if acceptance occurs prior to Final Payment, CITY shall be entitled to issue a Change Order incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price. If the acceptance occurs after such Final Payment, an appropriate amount shall be paid by CONTRACTOR to CITY.


13.7 CITY May Correct Defective Work. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct Defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with this Section, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the Progress Schedule), CITY may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising its rights under this subsection CITY shall proceed with reasonable promptness. To the extent necessary to complete corrective and remedial action, CITY may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction Equipment and machinery at the site and incorporate in the Work all Materials and Equipment stored at the site or for which CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow CITY, CITY’s representatives, agents and employees such access to the site as may be necessary to enable CITY to exercise its rights under this subsection. All direct and indirect costs of CITY in exercising such rights shall be charged against CONTRACTOR in an amount documented by CITY, and CITY will be entitled to issue a Change Order incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, all corrective or replacement costs, compensation for additional professional services required and all costs of repair and replacement of property of others destroyed, impacted or damaged by correction, removal or replacement of CONTRACTOR's Defective Work. CONTRACTOR shall not be allowed an increase in the Contract Price or the Contract Time because of any delay in the performance of the Work attributable to the exercise by CITY of CITY’s rights hereunder. 13.8 Warranty Period. 13.8.1 The Warranty Period shall commence on the date of Final Completion of the entire Work, or a later date if so specified in the Contract Documents , and extend until two (2) years after that date (or whatever longer period may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents.) 13.8.2 If within the designated Warranty Period, the Work, or any part of the Work, is discovered to be Defective, CONTRACTOR shall promptly, without an adjustment in Contract Price and in accordance with CITY’s or ENGINEER’s written instructions, either correct that Defective Work, or if it has been rejected by CITY or ENGINEER, remove it from the site and replace it with non-Defective Work. If circumstances warrant it, including, but not limited to, in an emergency, CITY may have the defective Work corrected or the rejected Work removed and replaced. In that event, CONTRACTOR shall not be allowed to recover any associated costs, and he shall reimburse CITY for all direct, indirect and consequential costs of CITY, or CITY shall be entitled to issue a Change Order to incorporate an appropriate decrease in Contract Price if prior to Final Payment. CITY shall reserve and retain all of its rights and remedies at law and equity against CONTRACTOR and its Surety for damages and for corrections of any and all latent defects. 13.9 Extended Warranties and Guarantees. 13.9.1 CITY may at its sole discretion advance or defer the date of commencement of the Warranty Period, in which case CONTRACTOR shall maintain the warranties and guarantees in full force and effect until the revised date for commencement of the Warranty Period. If such advancement or deferral in the date for commencement of the Warranty Period causes an increase or decrease in the cost of the warranties and guarantees provided by CONTRACTOR, CITY shall make an adjustment in Contract Price or Contract Time, as provided in Sections 10 and 11.


13.9.2 In circumstances where CITY undertakes partial utilization of a portion of the Work which was specifically identified in the Contract Documents, CONTRACTOR shall maintain the warranties and guarantees in full force and effect during the period between the applicable commencement of partial utilization date, and the date of commencement of the Warranty Period, and for such warranties and guarantees CONTRACTOR shall receive no adjustment in Contract Price. 13.9.3 In special circumstances where CONTRACTOR fails to complete the Work or a separable portion of the Work within the corresponding Contract Time, including any authorized adjustments and CITY undertakes partial utilization, CONTRACTOR shall maintain the warranties and guarantees in full force and effect during the period between the applicable commencement of partial utilization date, and the date of commencement of the Warranty Period, and for such warranties and guarantees CONTRACTOR shall receive no adjustment in Contract Price. 13.10 Special Maintenance Requirements. In special circumstances where the Work, or a designated part, reaches Substantial Completion, but as provided in the Contract Documents, is not placed in continuous service until the commencement of the Warranty Period, CONTRACTOR shall maintain the Work, or designated part, in good order and in proper Working condition, provide suitable drainage, and take all other actions as are necessary for its protection during the period between the applicable Substantial Completion date and the date of commencement of the Warranty Period, and for such maintenance CONTRACTOR shall receive no adjustment in Contract Price. In the event that Work suffers loss or damage, however caused, CONTRACTOR shall rebuild, repair, restore, and make good without an increase in Contract Price all losses or damages to any portion of any Work and shall without an increase in Contract Price provide suitable drainage and erect such temporary structures and take all other actions as are necessary for its protection. Suspension of Work or the granting of an extension in Contract Time for any cause shall not relieve CONTRACTOR of his responsibility for the Work, or designated part, as specified in this subsection. 13.11 Extended Warranty Period Due to Defective Work. Any Defective Work that is either corrected or rejected and replaced will be warranted and guaranteed for a period of two (2) years from the date of such correction or removal and replacement, even if it had previously been corrected or replaced, in accordance with the provisions of this Section 13. If within such extended Warranty Period, that Work is once again found to be Defective, CITY shall be entitled to all of CITY’s rights and remedies under this Section.

SECTION 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.1 Schedules. The Contractor will not be entitled to receive a Progress Payment until the Progress Schedule is approved by the ENGINEER. 14.2 Application for Payment. Not later than the first day of each month, CONTRACTOR shall meet with ENGINEER to agree on quantities of Work completed and Materials on site to be used as the basis for an Application for Payment for the previous month. The CITY’s Project manager shall review and approve a draft copy of the Application For Payment prior to ENGINEER and CONTRACTOR agreeing on the applicable figures. Using the agreed upon figures, ENGINEER shall generate the Application for Payment and deliver it to CONTRACTOR for completion and signature. CONTRACTOR shall submit the signed Application for Payment to ENGINEER, accompanied by such supporting documentation as is required by the Contract Documents and also as ENGINEER may reasonably require. 14.2.1 The CONTRACTOR shall submit partial releases of liens from all Subcontractors and Suppliers in a form satisfactory to the CITY, prior to processing any Pay Applications.


14.2.2 Neither CITY or ENGINEER is under any duty or obligation whatsoever to any Subcontractor, Supplier, laborer or any other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. 14.3 Stored Materials. 14.3.1 CITY may, at its sole option, pay an amount equal to ninety percent (90%) of the value of Materials and Equipment not incorporated into the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. In no event shall payments for Materials and Equipment stored on site exceed ninety percent (90%) of the value of the related cost for the specific item of Work shown in the schedule of values regardless of the stated value of the Material or Equipment. CITY may, at its sole option, pay an amount equal to ninety percent (90%) of the value of Materials and Equipment not incorporated into the Work and stored off site. When payment to CONTRACTOR is made for stored Material and Equipment, CONTRACTOR shall submit invoices marked paid by the Supplier with the Application for Payment following payment to CONTRACTOR documenting that CONTRACTOR has paid for said Materials and Equipment or the previously paid amount shall be deducted from remaining payments or retainage for stored Materials and Equipment not so properly documented. 14.3.2 If payment is requested on the basis of Materials and Equipment not incorporated into the Work but delivered and suitably stored at the site or at a bonded warehouse, the Application for Payment shall be accompanied by such data, satisfactory to CITY, as will establish CITY’s title to the Material and Equipment and protect CITY’s interest therein, including applicable insurance. In no event shall the quantity of Material and Equipment submitted for payment be in excess of the actual final installed quantity. CITY may deduct from the final Application for Payment amounts paid CONTRACTOR for Material and Equipment not finally installed in the Work. 14.3.3 If payment is requested on the basis of Materials and Equipment not incorporated into the Work but stored off site, the CONTRACTOR shall store all off site Materials and Equipment in a bonded warehouse. The shipping yards of manufacturers or suppliers are not suitable off site storage sites. 14.3.4 Without limitation, the CONTRACTOR shall assume all risk of loss and be solely responsible for all stored Materials and Equipment on-site, off-site stored in bonded warehouses including, but not limited to, stored Materials paid under prior Applications For Payment. 14.4 CONTRACTOR's Warranty of Title. The CONTRACTOR warrants and guarantees that title to all Work, Materials and Equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to CITY at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter referred to as "Liens"). 14.5 Review and Payment. 14.5.1 ENGINEER must approve all Applications For Payment prior to recommending payment to the CITY. Applications For Payment shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, the “Florida Prompt Payment Act” including all applicable provisions for ENGINEER’s review time. 14.5.2 ENGINEER’s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to CITY, based on on-site observations of the Work in progress and on ENGINEER’s review of the Application for Payment and the accompanying data and schedules, that the


Work has progressed to the point indicated; that to the best of ENGINEER’s knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project prior to or upon Substantial Completion; to the results of any subsequent tests called for in the Contract Documents; or to any qualifications stated in the recommendation) and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, ENGINEER will not thereby be deemed to have represented that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work, Materials or Equipment has passed to CITY free and clear of any lien. 14.5.3 ENGINEER may refuse to recommend the whole or any part of any payment if, in its opinion, it would be incorrect to make such representations to CITY. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER’s opinion to protect CITY from loss or anticipated loss because: (1) the Work is Defective, or completed Work has been damaged requiring correction or replacement or, (2) written Contract Claims have been made against CITY or Liens have been filed in connection with the Work or, (3) the Contract Price has been reduced because of Change Order or, (4) CITY has been required to correct Defective Work or complete the Work or, (5) of CONTRACTOR's unsatisfactory prosecution of the Work in accordance with the Contract Documents or, (6) of CONTRACTOR's failure to make payment to Subcontractors, Suppliers or for labor,or (7) of CONTRACTOR's failure to provide acceptable schedule submittals for inclusion into the Application for Payment or, (8) of CONTRACTOR's failure to properly maintain and submit with Application for Payment Record Documents. 14.6 Retainage. 14.6.1 The value of each Application for Payment shall be equal to the total value of the Work performed to date, less an amount retained in accordance with Chapter 218.735, Part VII Florida Statutes, the “Florida Prompt Payment Act”, and less payments previously made and amounts withheld in accordance with the Contract Documents.


14.6.2 Retainage under the Contract Documents is held by CITY as collateral security to assure completion of the Work.

(i) The value of each Application for Payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the Contract Documents.

(ii) Payments will be in an amount equal to ninety percent (90%) of the work completed.

(iii) Retainage under the Contract Documents is held by the CITY as collateral security to assure completion of the Work

14.6.3 This Section shall be subject to preemption, as appropriate, by State law

14.7 Overpayment. Any overpayment by CITY to CONTRACTOR shall be promptly repaid to CITY upon demand. 14.8 Final Application for Payment. 14.8.1 After CONTRACTOR has completed all corrections to the satisfaction of CITY and ENGINEER as verified by Final Inspection and delivered all maintenance and operating instructions, schedules, guarantees, warranties, Bonds, certificates of inspection, marked-up record documents and other documents, all as required by the Contract Documents and acceptable to CITY, and after ENGINEER has indicated that Work is acceptable, CONTRACTOR may make application for Final Payment following the procedure for Applications for Payment. 14.8.2 The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as ENGINEER may reasonably require, together with complete and legally effective releases or waiver (satisfactory to CITY) of all Liens and Contract Claims arising out of or filed in connection with the Work. In lieu thereof and as approved by CITY, CONTRACTOR may furnish receipts or releases in full with an affidavit of CONTRACTOR that the releases and receipts include all labor, services, Material and Equipment for which a Lien or Contract Claim could be filed, and that all payrolls, Material and Equipment bills and other indebtedness in connection with the Work for which CITY might in any way be responsible, have been paid or otherwise satisfied. CITY shall require consent of the Surety to Final Payment. 14.9 Final Payment and Acceptance. 14.9.1 If, on the basis of ENGINEER’s observations of the Work during construction and Final Inspection, and ENGINEER’s review of the final Application for Payment and accompanying documentation all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of its obligations under the Contract Documents, ENGINEER will, within twenty days after receipt of the final Application for Payment, indicate in writing its recommendation of payment and present the Application to CITY for payment. Thereupon ENGINEER will give written notice to CITY and CONTRACTOR that the Work is acceptable. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend Final Payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, CITY shall, within twenty (20) days


after receipt from ENGINEER, pay CONTRACTOR the amount due giving consideration to the recommendations of ENGINEER, but not being bound thereby. 14.9.2 After receipt of the ENGINEER’s written notice that the Work is acceptable and prior to Final Payment, CONTRACTOR shall submit an affidavit, in a form acceptable to CITY, certifying that the Bonds and insurances required under Section 5 are in effect and will not be allowed to expire for the required period of time. 14.10 Waiver of Claims. 14.10.1 The making and acceptance of Final Payment shall constitute: 14.10.2 A waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled liens, from Defective Work appearing after final inspection, from fraud or gross negligence or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein or the terms of any Bonds; however, it shall not constitute a waiver by CITY of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and 14.10.3 A waiver of all Contract Claims, requests for equitable adjustment or claims of any nature by CONTRACTOR against CITY, ENGINEER, and ENGINEER of RECORD. 14.11 CITY’s Obligations. 14.11.1 In no event shall any interest be due and payable to CONTRACTOR on any of the sums retained by CITY pursuant to any of the terms or provisions of any of the Contract Documents. 14.11.2 Any provision to the contrary notwithstanding, CITY shall not be obligated to make any payment to CONTRACTOR and may withhold partial payments if any of the following conditions exists: (1) CITY has reason to believe CONTRACTOR is in default of any of its obligations or otherwise is in default under any of the Contract Documents; (2) Any part of such payment is attributable to Work which is Defective; (3) CONTRACTOR has failed to make payments promptly to Subcontractors and Suppliers or for labor and Material for which CITY has made payment to CONTRACTOR; (4) If CITY, in its good faith judgment, determines that the portion of the Contract Price remaining unpaid will not be sufficient to complete the Work in accordance with the Contract Documents; (5) CONTRACTOR has failed to maintain progress of the Work in accordance with the Progress Schedule or CONTRACTOR has failed to meet an interim completion date or the Substantial or Final Completion Date. 14.12 Partial Utilization. 14.12.1 Use by CITY of completed portions of the Work may be accomplished at the option of CITY prior to Substantial Completion of all the Work subject to the following: 14.12.1.1 CITY at any time may request CONTRACTOR in writing to permit CITY to use any part of the Work which CITY believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR shall certify to CITY that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify CITY and


ENGINEER in writing when CONTRACTOR considers that a portion of the Work which has been identified in the Contract Documents as eligible for Partial Utilization is substantially complete. Within a reasonable time thereafter, CITY, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, ENGINEER will execute and deliver to CITY and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, and attaching a list of minor items as to that part of the Work to be completed or corrected before Final Payment. 14.12.1.2 Prior to issuing a certificate of Substantial Completion as to part of the Work, ENGINEER will deliver to CITY and CONTRACTOR a written recommendation as to the division of responsibilities pending Final Payment between CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance and the Warranty Period for that part of the Work. CITY shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete, but CITY shall allow CONTRACTOR reasonable access to complete or correct items described above. 14.12.1.3 In lieu of the issuance of a certificate of Substantial Completion as to part of the Work, CITY may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately useable; provided that prior to any such takeover, CITY and CONTRACTOR have agreed in writing as to the division of responsibilities between CITY and CONTRACTOR for security, operations, safety, maintenance, Warranty Period, utilities and insurance with respect to such facility. During such utilization and prior to Substantial Completion of that portion of the Work, CITY shall allow CONTRACTOR reasonable access to complete or correct items and to complete other related Work. 14.13 Substantial Completion. 14.13.1 When CONTRACTOR considers the entire Work to have progressed to the point where it is substantially complete, CONTRACTOR shall, in writing to ENGINEER, certify that the entire Work is substantially complete, submit to ENGINEER all operation and maintenance manuals and instructions and spare parts required by the Contract Documents, and request that ENGINEER issue a Certificate of Substantial Completion. Within a reasonable time thereafter, CITY, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. CONTRACTOR shall then accomplish the requisite Work and then recertify that the entire Work is substantially complete. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to CONTRACTOR and CITY a Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items (which should be minor in scope and nature) to be completed or corrected before Final Payment. CONTRACTOR shall continue to be responsible for maintaining the Work until the date of certification of Substantial Completion, or longer if so required by the Contract Documents. 14.13.2 After the date of Substantial Completion, CITY shall allow CONTRACTOR reasonable access to complete or correct items on the list attached to the Certificate of Substantial Completion.


14.14 Final Inspection. Upon written notice from CONTRACTOR that the minor items described in the list attached to the Certificate of Substantial Completion have been completed, ENGINEER will make an inspection with CITY and CONTRACTOR and will notify CONTRACTOR in writing of the results of this inspection as to the items of the Work that appear to be incomplete, non-conforming or Defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies, and notify ENGINEER upon completion. The Final Inspection by ENGINEER with CITY and CONTRACTOR will verify completion of all items. 14.15 CONTRACTOR's Continuing Obligation. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or Final Payment by ENGINEER, nor the issuance of a Certificate of Substantial Completion, nor any payment by CITY to CONTRACTOR nor any Partial Utilization by CITY nor any act of acceptance by CITY nor any failure to do so, nor any review and approval of the Shop Drawings or samples, nor any review of a Progress Schedule, nor the issuance of a notice of acceptability by ENGINEER, nor any correction of Defective Work by CITY will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents except as provided in a waiver of Contract Claims at the time of making and acceptance of Final Payment. 14.16 Deleted Work. The CITY shall have the right to cancel the portions of the Agreement relating to the construction of any item therein by the payment to the CONTRACTOR of a fair and equitable amount covering all items of cost incurred prior to the date of cancellation or suspension of the Work by order of the ENGINEER. 14.17 Partial Payments. 14.17.1 General. The CONTRACTOR will receive partial payments on monthly estimates based on the amount of Work done or completed (including delivery of certain Materials, as specified herein). The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the subsequent estimates and the final estimate and payment. The amount of such payments shall be the total value of the Work done to the date of the estimate, based on the quantities and the Unit Prices, less an amount retained and less payments previously made. 14.17.2.1 Withholding Payment for Defective Work. Should any defective Work or Material be discovered prior to the Final Acceptance, or should a reasonable doubt arise prior to Final Acceptance as to the integrity of any part of the completed Work, payment for such defective or questioned Work will not be allowed until the defect has been remedied and causes for doubt removed.

SECTION 15 - SUSPENSION OF WORK AND TERMINATION 15.1 CITY May Stop the Work. If the Work is Defective and the CONTRACTOR has been notified by ENGINEER or CITY, or if CONTRACTOR fails to perform the Work in compliance with the Maintenance of Traffic requirements of the Contract Documents, or if CONTRACTOR fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, or suitable Materials or Equipment, or if CONTRACTOR fails to obtain, maintain or renew insurance in conformance with the Contract Documents in a form acceptable to CITY, or if any insurance company CONTRACTOR has obtained insurance from declares bankruptcy or is declared bankrupt,or if CONTRACTOR fails to prosecute the Work without endangering persons or property, CITY may order CONTRACTOR to stop the Work, or any portion thereof,


until the cause for such order has been eliminated. CITY’s order to stop the Work may be communicated through ENGINEER or by CITY. This right of CITY to stop the Work shall not give rise to any duty on the part of CITY or ENGINEER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall bear all direct, indirect, and consequential costs of such order to stop the Work (including but not limited to fees and charges of engineers, attorneys and other professionals, any additional expenses incurred by CITY due to delays to others performing Work under a separate contract with CITY, and other obligations), and CONTRACTOR shall further bear the responsibility for maintaining the Progress Schedule and shall not be entitled to any extension of Contract Time or increase in the Contract Price. CITY shall be entitled to deduct any expenses so incurred from the Contract Price by issuing a Change Order. 15.2 Suspension for Convenience. 15.2.1 Without invalidating the Contract Documents, and without notice to any surety, CITY may, at any time, order CONTRACTOR in writing to stop, delay or interrupt Work for such a period of time as CITY may deem appropriate. Upon receipt of that order, CONTRACTOR shall immediately proceed in accordance with any specific provisions or instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the suspension order. 15.2.2 If any suspension of Work under this subsection causes an increase or decrease in CONTRACTOR's cost or the time required to perform or complete any part of the Work, CITY shall make a change in Contract Price or Contract Time, as provided in Section 10 and 11; except that no change in Contract Price or Contract Time will be made for any suspension of Work to the extent that performance would have been suspended anyhow by causes not meeting the criteria in Section 11, or for which an adjustment is provided or excluded under any other provision of the Contract Documents. 15.3 Termination for Cause. 15.3.1 CITY may upon the occurrence of any one or more of the following events terminate the services of CONTRACTOR: 15.3.1.1 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.3.1.2 If CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 15.3.1.3 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled Workers, sufficient supervisory personnel, or suitable Materials or Equipment or failure to adhere to the Progress Schedules); 15.3.1.4 If CONTRACTOR discontinues prosecution of the Work or any portion thereof; 15.3.1.5 If CONTRACTOR allows any final judgment against it to remain unsatisfied for a period of ten days;


15.3.1.6 If CONTRACTOR disregards laws, policies, court orders, or administrative directives, etc. of any governmental body, agency or court having jurisdiction; 15.3.1.7 If CONTRACTOR disregards the authority of ENGINEER; 15.3.1.8 If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; or 15.3.1.9 If CONTRACTOR fails to promptly pay Subcontractors, Suppliers, Materialmen, Laborers, etc. 15.3.2 As it is recognized that if CONTRACTOR is adjudged bankrupt or makes a general assignment for the benefit of creditors or if a receiver is appointed on account of its insolvency, such could impair or frustrate CONTRACTOR's performance of the Work, therefore it is agreed that upon occurrence of any such event, CITY shall be entitled to request CONTRACTOR or its successor to provide adequate assurance of future performance in accordance with the terms and conditions of the Contract Documents. Failure to provide said adequate assurance within seven (7) days of the delivery of the request shall entitle CITY to terminate CONTRACTOR. In all events pending receipt of adequate assurance of performance and actual performance in accordance herewith, CITY shall be entitled to proceed with the Work with its own forces or with their contractors on a time and Material or other appropriate basis the cost of which will be back charged against CONTRACTOR. CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 15.3.3 CITY may, after giving CONTRACTOR and Surety seven (7) days written notice, and to the extent permitted by laws and regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction Equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all Materials and Equipment stored at the site or for which CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as CITY may deem expedient. CONTRACTOR shall assign all of its interest in any or all Subagreements to CITY upon CITY’s request. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs including costs for appellate proceedings) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to CITY. If CONTRACTOR leaves the site at any time during the seven day period, CITY shall have the right to secure the site to protect the property from damage and to ensure the health and safety of the public. 15.3.4 Notwithstanding the above notice period, in the event of an emergency, the CITY may take over the site and perform any or all of the activities set out above immediately. CITY shall provide notice of such takeover within twenty four (24) hours after its occurrence. 15.3.5 Where CONTRACTOR's services have been terminated by CITY, the termination shall not affect any rights of CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment due CONTRACTOR by CITY will not release CONTRACTOR from liability.


15.3.6 CITY may, at its sole discretion, permit CONTRACTOR to continue to perform Work when CONTRACTOR is in default, however caused. Such a decision by CITY shall in no way operate as a waiver on the part of CITY of any of its rights under the Contract Documents. 15.4 Termination for Convenience. 15.4.1 CITY may, without prejudice to any other right or remedy, terminate this Agreement in whole or in part at any time for its convenience by giving CONTRACTOR and Surety seven (7) days written notice. CITY shall have the right, in that event, to take over any or all of CONTRACTOR's Materials, (whether stored on or off site) supplies, Equipment, Subagreements or other obligations to complete the Work and CONTRACTOR shall assign them to CITY upon CITY’s request. CONTRACTOR shall proceed to complete any part of the Work, as directed by CITY, and shall settle all its Contract Claims and obligations under the Agreement. 15.4.2 In any such termination for the convenience of CITY, CONTRACTOR shall be paid for Work completed in accordance with the Contract Documents prior to receipt of the notice of termination, and for reasonable termination settlement costs relating to commitments which had become firm prior to the termination; however, payment to CONTRACTOR will exclude any and all anticipated supplemental costs, administrative expenses overhead and profit on uncompleted Work and any type of wrongful termination damages. CONTRACTOR shall justify its Contract Claims as requested by CITY with thorough, accurate records and data. 15.4.3 If, after notice of Termination for Cause of CONTRACTOR, it is determined that CONTRACTOR was not in default, the termination shall be deemed to have been for the convenience of CITY. In such event CONTRACTOR may recover from CITY payment in accordance with subsection 15.4.2.

SECTION 16 - MISCELLANEOUS 16.1 Giving Notice 16.1.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given as of the time of actual delivery if delivered in person; or if it is delivered by registered mail, at the actual time of delivery. 16.1.2 Written notice to be delivered to CITY or ENGINEER or to any of its representatives by CONTRACTOR shall be delivered at the office stated in the Agreement, unless otherwise specified in writing to CONTRACTOR. Written notice to CONTRACTOR by CITY or ENGINEER shall be delivered to the individual or member of the firm or to an officer of the corporation for whom it is intended at the office stated in the Agreement, or such other office or individual designated by CONTRACTOR in writing to CITY. 16.2 Notice to Other Agencies. CONTRACTOR shall notify all public and private entities or agencies in accordance with any and all ordinances, laws, agreements, licenses, and any other directions of construction activity, disruption of access or services. CITY or ENGINEER shall not be responsible for any such notification.


16.3 Computation of Time. When any period of time is referred to in the Contract Documents by Days, it shall be computed to include the first and the last Day of such period. If the last Day of any such period falls on a Saturday or Sunday or on a Holiday, such Day shall be omitted from the computation. 16.4 Claims for Injury or Damage to Person or Property. Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time from the first observance of such injury or damage. This provision shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.5 No Conflict with Laws or Regulations. 16.5.1 The duties, obligations, criteria or procedure imposed by these General Conditions and the rights and remedies made available are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, except that in the event that a specific part or detailed requirement of a provision, criterion or procedure in these General Conditions and a specific part or detailed requirement of a provision, criterion or procedure imposed or available by Laws or Regulations are in conflict the specific part or detailed requirement of Laws and Regulations shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable Laws or Regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement. 16.5.2 The provisions of this subsection 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. 16.5.3 Each and every provision of law and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted therein and the Contract shall be read and enforced as though it were included therein. 16.6 Partial Invalidity. If any provision of this contract is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this Agreement is declared severable. 16.7 No Waiver of Rights, Duties. 16.7.1 Except as otherwise specifically provided in the Contract Documents, no action or failure to act by the CITY, ENGINEER, CITY’s Representative(s), or CONTRACTOR on one or more occasions shall constitute a waiver of any right or duty afforded any of them under the Contract Documents, nor shall any such action or failure to act constitute an approval of or acquiescence of any breach thereunder. 16.7.2 All representations, indemnities, warranties and guarantees required by the Contract Documents, including the Warranty Period shall survive Final Payment and termination or completion of the Agreement. 16.8 Advertising. No advertising shall be permitted upon any part of the site or structures located on the site. News or press releases pertaining to the services, Work product(s), or performance of CONTRACTOR under the Contract Documents or the Project to which it relates shall be at the sole discretion of CITY.


16.9 Recovery of Damages. In no event shall CONTRACTOR be entitled to recover from CITY any indirect, incidental, or consequential damages in any proceeding arising out of or relating to this Agreement or breach thereof. In the event that subsection 12.1.7 is found by a court of competent jurisdiction to be void, inapplicable or in the event that subsequent legislation renders such provisions void or inapplicable, then no formula based or total cost approaches including, but not limited to, the Eichleay, Allegheny, Burden Fluctuation or other similar formula based methods shall be used to compute damages. CONTRACTOR shall base all damage claims upon Cost and Pricing Data at the time of the occurrence of the event upon which the damage claims are based. 16.10 Recovery of Interest. Any prejudgment or postjudgment interest assessed against either party to this Agreement shall be assessed at the rate provided by Florida law or four percent (4%) per annum, whichever is less. 16.11 Notice of Claims. The contractual limitations periods for filing Contract Claims or other claims for increases in Contract Price, Contract Time, or any other claim of any nature set forth in the Contract Documents shall be controlling. However, in the event that no limitations periods is established in the Contract Documents for the specific type of claim asserted then, the parties agree that all such claims shall be made in writing with complete supporting documentation to the persons designated to receive such claims (CONTRACTOR's Superintendent, ENGINEER and CITY’s Purchasing Manager) no more than seven (7) days after the occurrence of the event giving rise to any such claim, or else any such claim shall be waived and deemed invalid. 16.12 Waiver of Jury Trial. The parties expressly waive any right to jury trials under Florida law. 16.13 Attorney Fees. The parties expressly agree that each party shall be solely responsible for their own attorney's fees and costs incurred in any negotiation, alternative dispute resolution procedure, or litigation related to or arising out of these Contract Documents.

SECTION 17 - MEASUREMENT AND PAYMENT

17.1 Measurement of Quantities. 17.1.1 Measurement Standards: Unless otherwise stipulated, all Work completed under the Contract Documents shall be measured, by the ENGINEER, according to United States Standard Measures. 17.1.2 Method of Measurements: Unless otherwise provided by in the Specifications for the particular items involved, all measurements shall be taken horizontally or vertically. 17.1.3 Determination of Pay Areas: 17.1.3.1 In measurement of items paid for on the basis of area of finished Work, where the pay quantity is designated to be determined by calculation, the lengths or widths to be used in the calculations shall be the station to station dimensions shown on the Plans; the station to station dimensions actually constructed within the limits designated by the ENGINEER; or the final dimensions measured along the surface of the completed Work within the neat lines shown on the Plans or designated by the ENGINEER. The method or combination of methods of measurement shall be those which will reflect with reasonable accuracy the actual surface area of the finished Work as determined by the ENGINEER.


17.1.3.2 In measurement of items paid for on the basis of area of finished Work, where the pay quantity is designated to be the Plan quantity, the final pay quantity shall be the plan quantity subject to subsection 18.3.2. Generally the plan quantity shall be calculated using lengths based on station to station dimensions and widths based on neat lines shown in the Plans. 17.2 Scope of Payments. 17.2.1 For any item of Work contained in the proposal, except as might be specifically provided otherwise in the basis of payment clause for the item, the Unit Price (or lump sum price) for the pay item or items shall include all labor, Equipment, Materials, tools, overhead expenses, profit, and incidentals required for the complete item of Work, including all requirements of the section specifying such item of Work, except as specifically excluded from such payments. 17.2.2 If the Bid Form contains a bid item price for mobilization, partial payments will be made therefor in accordance with the following:

Percent of Original Contract Allowable Percent of the Lump Sum 5 25 10 50 25 75 50 100

Partial payments for any project will be limited to ten (10) percent of the original contract amount for that project. Any remaining amount will be paid upon completion of all work on the project. 17.3 Compensation for Altered Quantities. 17.3.1 Whenever any change or combination of changes in the Plans, including changes outside the original limits of the Project, results in an increase or decrease in the original contract quantities, and the Work added or eliminated is of the same general character as that shown on the original Plans, the Contractor shall accept payment in full at the original contract Unit Prices for the actual quantities of Work done, and no allowance will be made for any loss of anticipated profits because of increases or decreases in quantities. 17.3.2 Payment Based on Plan Quantity. 17.3.2.1 Where the pay quantity for any item is designated to be the original plan quantity, such quantity will be revised only in the event that it is determined to be substantially in error. An error shall be deemed substantial if the quantity will increase or decrease in excess of five percent of the original plan quantity for that item or the amount due for that item will increase or decrease in excess of five hundred dollars ($500) (whichever is smaller). In general, such revisions will be determined by final measurement or plan calculations or both as additions to or deductions from plan quantities. In the event either the CITY or the CONTRACTOR contends that the plan quantity for any item is in error and additional or less compensation is thereby due, he shall submit, at his own expense, evidence of such in the form of acceptable and verifiable measurements or calculations. The plan quantity will not be revised solely on the basis of a particular method of construction selected by the CONTRACTOR. For earthWork items, any significant differences in the original ground surfaces from that shown in the original plan cross sections which would result in an adjustment to the plan quantity, must be noted by the CONTRACTOR and properly documented by appropriate level notes,


acceptable to both the CONTRACTOR and the CITY, prior to disturbance of the original ground surface by construction operations to the extent that the original ground surface elevations in question cannot be documented. Any Contract Claim based upon significant differences in the original ground surface must be supported by documentation as provided above. A significant difference in the earthWork surface is defined as a consistent difference in elevation, either up or down, averaging in excess of 0.3 foot over a length of five hundred (500) feet in any one area, or an equivalent volume in any individual roadway area of a lesser distance. 17.3.2.2 Where the pay quantity for any item is designated to be the original plan quantity and a plan change which results in an increase or decrease in the quantity of that item is authorized, the plan quantity will be revised accordingly provided that such change will increase or decrease the amount due for the item in excess of one hundred dollars ($100). In general, such revisions will be determined by final measurement or plan calculations or both. 17.3.2.3 The limitations set out in subsections 18.3.2.1 and 18.3.2.2 do not apply: (1) Where these Specifications provide that the pay quantity for an item to be paid for on the basis of area of finished Work is to be adjusted according to the ratio of measured thickness to nominal thickness. (2) Where the Specifications provide for a deduction due to test results falling outside of the allowable Specification tolerances.

SECTION 18 - CONTRACT CLAIMS RESOLUTION

18.1 Purpose. The purpose of this Section is to provide a cooperative team building dispute resolution process for payment of monetary obligations and provision of time extensions under the Contract Claim provisions of the Contract Documents. The team building approach to dispute resolution provided in this Section is intended to complement other requirements imposed by the Contract Documents and is not intended to create duties or obligations not otherwise imposed by law or these Contract Documents. The parties remain responsible for performance of all obligations imposed under these Contract Documents. At all times during the time that any Contract Claim is pending and in the process of being resolved or decided, the CONTRACTOR shall proceed diligently with the Work so as to achieve completion of the Work within the Contract Time. 18.2 Administrative Forum. The parties agree that all Contract Claims arising under the Contract Documents shall be submitted for alternative dispute resolution under the Purchasing and Contracts Procedures. CONTRACTOR agrees that the submission of Contract Claims during performance of the Work provides an efficient dispute resolution procedure and that resolution of disputes by the CITY’s Purchasing Manager and the CITY’s Appeal Committee or their designees provide adequate remedies. The CONTRACTOR agrees that the status of hearing officers as CITY employees does not violate public policy, deny due process, or provide the basis for disregarding or avoiding the alternative dispute resolution procedures established by Purchasing and Contracts Division. The CONTRACTOR, by executing the Contract Documents, expressly waives due process rights and agrees to resolve disputes under these Alternative Dispute Resolution procedures. 18.3 Contract Claims Procedure. Contract Claims procedure shall comply with the requirements of the Purchasing and Contracts Division Procedures. The parties agree to voluntarily exchange information and documents necessary for resolution of the Contract Claim. The hearing officers (Purchasing Manager or Appeal Committee) under the Purchasing and Contracts Division Procedures, shall have the right to make


written requests to the CITY staff, ENGINEER, ENGINEER of RECORD, and CONTRACTOR at any time for additional information and documents needed to render a decision. Hearing officers may grant extensions of time and direct CITY staff and CONTRACTOR to participate in structured negotiations or mediation to resolve disputes prior to rendering a decision. In the event of referral to mediation, the parties agree that mediators shall be mutually acceptable to the parties and that the costs of mediation shall be shared equally among the parties participating in the mediation. Further, the parties agree that hearing officers under the Purchasing and Contracts Division Provision Procedures, shall not be required to render written decisions until Substantial Completion of the Work has been accomplished and the parties expressly waive the time periods for written decisions by the CITY’s Purchasing Manager and Appeal Committee. In the event that CONTRACTOR appeals any decision of the Purchasing Manager under the Purchasing and Contracts Division Procedures, CONTRACTOR agrees to identify specific exceptions to the Purchasing Manager's decision including specific identification of the provisions of the Contract Documents relied upon. General assertions that the Purchasing Manager's decision is contrary to provisions of the Contract Documents, law, or fact are not sufficient. The CONTRACTOR recognizes and accepts the Purchasing and Contracts Procedure requirements for posting an appeal bond. 18.4 Resolution of Contract Time and Contract Price Disputes. Contract Claims related to Contract Time under the Contract Documents provide for extensions of the Contract Time as the sole and exclusive remedy of CONTRACTOR. As to Contract Claims related to Contract Time or Contract Price disputes under the Contract Documents, the parties agree to exhaust CITY administrative alternative dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. The parties agree that they will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in the CITY alternative dispute resolution procedures of which the parties had knowledge and failed to present during the CITY alternative dispute resolution procedures. In the event that CITY administrative dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 18.5 Notice of Contract Claims. Contract Claims by the CONTRACTOR must be made by written notice on the form provided in the Contract Documents with complete documentation to ENGINEER and the CITY’s Purchasing Manager. Notwithstanding the allowance of a specific time for giving notice in the Contract Documents, notices shall be given at the earliest possible moment and in no event later than the time allowed in the Contract Documents. 18.6 Contract Claim Correspondence. To assure prompt resolution of Contract Claims, the CONTRACTOR's correspondence related to Contract Claims shall have Contract Claim identification numbers assigned by CONTRACTOR. The Contract Claim numbers shall be sequential and assigned chronologically so that each Contract Claim can be individually identified by reference to the Contract Claim number. Each document submitted in support of a Contract Claim must bear the appropriate Contract Claim number. 18.7 Contract Claim Disposition. Each Contract Claim shall be treated separately under the Purchasing and Contracts Division Procedures and this Section. Continuing Contract Claims or Contract Claims asserting damages for the cumulative effect of more than one Contract Claim are not permitted. However, if CONTRACTOR files a timely notice of Contract Claim under the Contract Documents, CONTRACTOR may file supplemental documents in support of any Contract Claim prior to the decision of the CITY’s Purchasing Manager under the Purchasing and Contracts Division Procedures. As to Contract Claim


disputes under the Contract Documents, the decision of the CITY Purchasing Manager or Appeal Committee or their designees shall stand as a CITY staff recommendation of settlement of the Contract Claim to the CITY of Palm Coast City Council. 18.8 Reservation of Contract Claims. The parties agree that these Contract Documents provide no procedure for reservation, notice of reservation or notice of intent to file a Contract Claim and that such notices are void and of no effect. The parties agree that prompt and separate resolution of each Contract Claim benefits CONTRACTOR, CITY and the public. 18.9 False Claims. The CITY and CONTRACTOR acknowledge that the "Florida False Claims Act" provides civil penalties not more than $10,000.00 plus remedies for obtaining treble damages against contractors or persons causing or assisting in causing Florida governments to pay claims that are false when money or property is obtained from a Florida government by reason of a false claim.

END OF SECTION

Notice of Award 00841-1

SECTION 00841 NOTICE OF AWARD

TO: _____________________________________ Contractor _____________________________________ Address _____________________________________ City State Zip PROJECT: Multi Use Path Phase 6 Seminole Woods Blvd. ITB-CD-CME-15-01 The City of Palm Coast has considered the Bid submitted by you for the above described work in response to its Advertisement for Bids , 20 . You are hereby notified that your Bid has been accepted for items in the amount of $ . You are required to execute the Agreement in duplicate and furnish the required Contractor's Performance Bond, Payment Bond and Certificate of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish bonds within ten (10) days from the date of this Notice, the City shall be entitled to consider all your rights arising out of the City's acceptance of your Bid as abandoned and void. You are required to return an acknowledged copy of the Notice of Award, executed Agreement, Bonds, and Insurance Certificates to The City of Palm Coast, Florida, Attn: Dianne Torino, Contracts Administrator, 160 Cypress Point Pkwy., Ste. B-106, Palm Coast, Florida 32164. Dated this _______ day of __________, 20______. THE CITY OF PALM COAST BY: TITLE:

ACCEPTANCE OF NOTICE

Notice of Award 00841-2

Receipt of the above Notice of Award is hereby acknowledged by

this the day of , 20 .

BY TITLE:

END OF SECTION

Notice to Proceed 00842-1

SECTION 00842 NOTICE TO PROCEED

TO: _______ ______ CONTRACTOR ______ ADDRESS ____________ CITY STATE ZIP PROJECT: Multi Use Path Phase 6 Seminole Woods Blvd.

You are hereby notified to commence work in accordance with the Agreement dated , 20 ___ . The Contract time for Substantial Completion is 90 consecutive calendar days from the date of commencement. The Contract time for Final Completion is 30 consecutive calendar days from the date of Substantial Completion. The Contract time commences to run , 20 . The date of Substantial Completion is , 20 . The date of Final Completion is , 20 . THE CITY OF PALM COAST BY: ___ ______ TITLE: DATE: You are required to return an acknowledged copy of the Notice to Proceed to The City of Palm Coast, Florida, Attn: Dianne Torino, Contracts Administrator, 160 Cypress Point Parkway, Suite B-106, Palm Coast, Florida 32164.

Notice to Proceed 00842-2

ACCEPTANCE OF NOTICE Receipt of the above Notice To Proceed is hereby acknowledged this the day of , 20 . BY: TITLE:

END OF SECTION

Change Order Form 00843-1

SECTION 00843 CHANGE ORDER

PROJECT: Multi Use Path Phase 6 Seminole Woods Blvd. CHANGE ORDER NO.: DATE OF ISSUANCE: EFFECTIVE DATE:

OWNER: CITY OF PALM COAST CITY Contract / Purchase Order No.: ITB-CD-CME-15-01

CONTRACTOR: ENGINEER / ARCHITECT: You are directed to make the following changes in the Contract Documents. Description: Reason for Change Order (Include all necessary attachments):

CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:

Original Contract Price

$

Original Contract Times

Substantial Completion:

Ready for Final Payment: (days or dates)

Net change from previous Change Order No.(s) ______

Net change from previous Change Order No.(s) _______

$

Contract Price prior to this Change Order

$

Net Increase (decrease) of this Change Order

$

Contract Price with all approved Change Orders

$

(days)

Contract Times Prior to this Change Order

Substantial Completion: Ready for Final Payment:

(days or dates) Net Increase (decrease) of this Change Order (days)

Contract Times with all approved Change Orders

Substantial Completion:

Ready for Final Payment:

(days or dates)

RECOMMENDED:

By: Engineer/Architect (Authorized Signature)

APPROVED:

By: City (Authorized Signature)

ACCEPTED:

By: Contractor (Authorized Signature)

Firm: ___________________________

Date:____________________________

Title: ___________________________

Date:____________________________

Company: _______________________

Date:____________________________

Project Manager Signature: _______________________________

Change Order Form 00843-2

CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden shall lead to unnecessary disputes. If Milestones have been listed, any effect of a Change Order, thereon, should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order shall be used. B. COMPLETING THE CHANGE ORDER FORM Engineer / Architect / Etc. initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from the City or both. Once Engineer / Architect / Etc. has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to the City for approval. Engineer should make distribution of executed copies after approval by the City. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply.

END OF SECTION

App & Cert for Progress Payment 00844-1

SECTION 00844 APPLICATION AND CERTIFICATE FOR PROGRESS PAYMENT

OWNER: The City of Palm Coast

CONTRACTOR:

Purchase Order No.: Project Title: Multi Use Path Phase 6 Seminole Woods Blvd.

Engineer/Architect:

Engineer/Architect Project No.: Contract Date:

Progress Payment No.: for Period to 1. Original Contract Sum ........................................................................................................... $

2. Net Change by Change Orders ............................................................................................... $

3. Contract Sum to Date (Line 1 ± Line 2) ................................................................................. $

4. Work Completed and Stored to Date ..................................................................................... $

5. Amount Retained ( Percent) .............................................................................................. $

6. Total Earned Less Retainage (Line 4 minus Line 5) .............................................................. $

7. Less Previous Payments ......................................................................................................... $

8. CURRENT PAYMENT DUE ................................................................................................ $

CERTIFICATION OF CONTRACTOR The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied on account to discharge CONTRACTOR’s legitimate obligations incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment shall pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective. Contractor Date By: (Authorized Representative) Title


CERTIFICATION OF ENGINEER / ARCHITECT In accordance with the Contract Documents, based upon on-site observations by the undersigned or duly authorized representatives or assistants, the Engineer / Architect certifies to the Owner that to the best of its knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED: .............................................................................................................$ (Attach explanation if amount certified differs from the amount applied for) ENGINEER / ARCHITECT: By: (Date) (Firm)


AFFIDAVIT OF CONTRACTOR

STATE OF COUNTY OF Before me this day personally appeared who, being first duly sworn, deposes and says: That he is the of and the Contractor on the following described public works project: JOB DESCRIPTION: CONTRACTING AUTHORITY: City of Palm Coast That all persons who furnish labor, supplies or materials or did work in connection with such improvements set out in the CONTRACT have been paid, to date, in full, including all subcontractors. AND FURTHER AFFIANT SAYETH NOT. By: WITNESS my hand and official seal, this day of , A.D. . Notary Public My Commission Expires:


Project Title: City Purchase Order No.: Engineer / Architect Project No.: Progress Payment No.:

A B C D E F G H I

Item No. Description of Work Scheduled

Value

Work Completed Materials Presently

Stored (Not in D or E)

Total Completed and Stored to Date

(D+E+F)

% (G ÷ C)

Balance to

Finish (C - G)

Retainage (If Variable Rate)

From Previous

Application This

Period

1

2

3

4

5

6

7

8

9

10

11

12

13

14

END OF SECTION

Certificate of Substantial Completion 00848-1

SECTION 00848 CERTIFICATE OF SUBSTANTIAL COMPLETION

Bid No./Project: ITB-CD-CME-15-01/Multi Use Path Phase 6 Seminole Woods Blvd. Purchase Order No.: Contract Date: This Certificate of Substantial Completion applies to: [ ] All work under Contract [ ] Portion of work described as follows: The contractor shall furnish all labor, material, equipment, tools, supervision, and any other items required for completing a 10’ wide concrete multi-use path on Seminole Woods Blvd. between US-1 and Sesame Blvd. The work consists of New Construction including but not limited to site work, clearing, filling, grading, and construction of concrete path, benches and signs. The work to which this Certificate applies shall be inspected by authorized representatives of the CITY and the CONTRACTOR and that work is hereby declared to be substantially complete in accordance with the Contract Documents on: DATE _____ . A tentative list of items to be completed or corrected is attached hereto. This list shall not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 30 ___ days of the above date of Substantial Completion. The date of Substantial Completion is the date upon which all guarantees and warranties begin. SIGNED:

THE CITY OF PALM COAST OPERATIONS DEPARTMENT

By: _______ _____ DATE:

THE CITY OF PALM COAST CONSTRUCTION INSPECTOR

By: _______ _____ DATE:

THE CITY OF PALM COAST PROJECT MANAGER

By: _______ _____ DATE:

CONSULTING ENGINEER/ARCHITECT, ETC.:

_____________

By: _______ _____ DATE:

CONTRACTOR:

_____________

Certificate of Substantial Completion 00848-2

By: _______ _____ DATE:

TENTATIVE LIST OF ITEMS TO BE COMPLETED OR CORRECTED (PUNCH LIST) Date: Purchase Order No.: Project: Contractor: This list shall not be all-inclusive, and the failure to include an item does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. NO: ITEM:

END OF SECTION

Certificate of Final Inspection and Completion 00849-1

SECTION 00849 CERTIFICATE OF FINAL INSPECTION & COMPLETION

Bid No./Project: ITB-CD-CME-15-01/Multi Use Path Phase 6 Seminole Woods Blvd. Purchase Order No.: Contract Date: This Certificate of Final Inspection & Completion applies to: The work under this Contract has been inspected by authorized representatives of the CITY and the CONTRACTOR and all work is hereby declared to be complete in accordance with the Contract Documents on: DATE SIGNED:

THE CITY OF PALM COAST OPERATIONS DEPARTMENT

By: _______ _____ DATE:

THE CITY OF PALM COAST CONSTRUCTION INSPECTOR

By: _______ _____ DATE:

THE CITY OF PALM COAST PROJECT MANAGER

By: _______ _____ DATE:

CONSULTING ENGINEER/ARCHITECT, ETC.:

_____________

By: _______ _____ DATE:

CONTRACTOR:

_____________

By: _______ _____ DATE:

END OF SECTION

Waiver and Release of Lien Upon Progress Payment 00850-1

SECTION 00850 CONTRACTOR’S WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT

The undersigned lienor, in consideration of the progress payment in the amount of $ , hereby waives

and releases its lien and right to claim a lien for labor, services or materials furnished through (date)

__________ to (customer) on the job of (City property)

___________________ to the following described property:

This waiver and release shall not cover any retention of labor, services, or materials furnished after the date

specified.

Dated on , 20 . Lienor's Name Address By Printed NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes.

END OF SECTION

Waiver and Release of Lien Upon Final Payment 00851-1

SECTION 00851 CONTRACTOR’S WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT

The undersigned lienor, in consideration of the final payment in the amount of $ , hereby waives

and releases its lien and right to claim a lien for labor, services or materials furnished through (date) _____

to (customer) on the job of (City property)

to the following described property:

Dated on , 20 . Lienor's Name Address By Printed Name NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes. Instructions to Contractor: With final invoice(s) submit one (1) original and one (1) copy. The original must bear the original signature of a person authorized to bind the Contractor. The additional copy shall bear photocopied signatures. Submission of Final Invoice: Pursuant to contract number _________________ entered into between the City of Palm Coast and the Contractor (identified below, the Contractor does acknowledge that final payment has been requested via invoice number(s) ______________, in the amount(s) of $________________ and dated ________________. If necessary, “Attach” copies of invoices if more than one invoice with a dollar total.

Waiver and Release of Lien Upon Final Payment 00851-2

Release of all Obligations: By signing this form, and upon receipt of the amount specified in the invoice number(s) referenced above, the Contractor does herby release and discharge the City, its officers, agents and employees of and any and all liabilities, obligations, claims, and demands whatsoever arising from the above referenced contract. Contractor’s Legal Name (as on Contract): ______________________________ Signature of Contractor or Official Designee: ____________________________ Printed Name/Title of Person Signing: _________________________________ Date: ______________________

END OF SECTION

Contractors Request for Information 00852-1

SECTION 00852 CONTRACTOR’S REQUEST FOR INFORMATION

TO: THE CITY OF PALM COAST FROM: (CONTRACTOR) DATE: CONTRACTOR REQUEST FOR INFORMATION NO.: BID NO./PROJECT NAME: ITB-CD-CME-15-01 Multi Use Path Phase 6 Seminole Woods Blvd. PURCHASE ORDER NO.: QUESTION:

BY: DATE: REPLY: ____________

BY: DATE:

END OF SECTION

Work Change Directive 00854-1

SECTION 00854 WORK CHANGE DIRECTIVE

BID NO./PROJECT: ITB-CD-CME-15-01 Multi Use Path Phase 6 Seminole Woods Blvd. REQUEST NO: PURCHASE ORDER NO.: CONTRACTOR: You are directed to proceed promptly with the following change(s): Description: Purpose of Work Directive Change: Attachments: If a claim is made that the above change(s) have affected the Contract Price or Contract Time, any claim for a Change Order based thereon shall involve one of the following methods of determining the effect of the change(s). Method of determining a change in Method of determining change in Contract Price: Contract Time: [ ] Time and materials [ ] Contractor’s records [ ] Unit prices [ ] Owner’s records [ ] Cost plus fixed fee [ ] Other [ ] Other

Work Change Directive 00854-2

Estimated increase (decrease) in Contract Estimated increase (decrease) in Contract Price: $ Time: days. If the change If the change involves an increase, the involves an increase, the estimated time the estimated amount is not to be exceeded is not to be exceeded without further without further authorization. authorization. AUTHORIZED BY: DATE: ______

END OF SECTION

Field Order 00855-1

SECTION 00855 FIELD ORDER

BID NO./PROJECT: ITB-CD-CME-15-01/ Multi Use Path Phase 6 Seminole Woods Blvd. REQUEST NO: PURCHASE ORDER NO.: CONTRACTOR: You are hereby directed to execute promptly this Field Order which interprets the Contract Documents or orders minor changes in the Work without change in Contract Price or Contract Time. If you consider that a change in Contract Price or Contract Time is required, please submit a Work Change Directive to the Owner immediately and before proceeding with this Work. Field Order: Attachments: (Listing of attached documents that support description) 1. Work Change Directive No. 2. 3. 4. 5. BY: DATE:

END OF SECTION

Waiver & Release of Lien Upon Final Payment 00860-1

SECTION 00860

SUBCONTRACTOR/VENDOR’S WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT

The undersigned lienor, in consideration of the final payment in the amount of $ , hereby waives

and releases its lien and right to claim a lien for labor, services or materials furnished through (date)

___________________ to (customer) on the job of

(City property) to the following described property:

Dated on , 20 . Lienor's Name ________________________________________ Address By Printed Name NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes.

END OF SECTION

Consent of Surety 00861-1

SECTION 00861 CONSENT OF SURETY TO FINAL PAYMENT

WE, the , having heretofore executed Performance and Payment Bonds for the Project known as , in the amount of $ * hereby agree that the OWNER shall make full payment of the final estimate, including the retained percentage, to said CONTRACTOR. The Surety concurs that full payment to the CONTRACTOR is appropriate and the Surety expressly releases the OWNER from all liability to Surety resulting from full payment to CONTRACTOR. It is fully understood that the granting of the right to the OWNER to make payment of the final estimate to said CONTRACTOR and/or his assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth in the specifications, contract and bond pertaining to the above project. * = Dollar Value of Issued Performance and Payment Bonds IN WITNESS WHEREOF, the has caused this instrument to be executed on its behalf by its and its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all on this day of , . Surety Attorney-in-Fact

(Power of Attorney must be attached if executed by Attorney in Fact) STATE OF ______ COUNTY OF The foregoing instrument was acknowledged before me this day of ______ , 20___ by of (corporation), on behalf of the corporation, who is personally known to me or has produced (Type of Identification) as identification and who did (did not) take an oath. Sworn to and subscribed to before me this day of , 20_____. (Signature) ________ (Print name) Notary Public in and for the

County and State Aforementioned My Commission Expires:

END OF SECTION

Check Out Form 00865-1

SECTION 00865 CHECK OUT FORM

[ ] OWNER:_____THE CITY OF PALM COAST ______ No. Copies [ ] ENGINEER: _______ No. Copies [ ] ARCHITECT: _______ No. Copies [ ] CONTRACTOR: ______ No. Copies [ ] FIELD:_________ ______ No. Copies [ ] OTHER:______ ________ No. Copies

BID NO./PROJECT: ITB-CD-CME-15-01/ Multi Use Path Phase 6 Seminole Woods Blvd. PURCHASE ORDER NO.: _____ DATE: DRAWING NO.: SPECIFICATION SECTION:

Name of equipment checked: Name of manufacturer of equipment: 1. The equipment furnished by us has been checked on the job by us. We have reviewed (where applicable) the

performance verification information submitted to us by the Contractor. 2. The equipment is properly installed, except for items noted on page 00865-2. 3. The equipment is operating satisfactorily, except for items noted on page 00865-2. 4. The written operating and maintenance information (where applicable) has been presented to the Contractor,

and gone over with him in detail. Five (5) copies of all applicable operating and maintenance information and parts lists have been furnished to him.

Checked by: ______ Name of Manufacturer's Representative Name of General Contractor ______ Signature of Person Performing Check-out Authorized Signature Title Title Address of Representative Date

Check Out Form 00865-2

Phone No. of Representative Name of Subcontractor Date Checked Authorized Signature/Title/Date Manufacturer's Representative Notations: Exceptions noted at time of check were:

Manufacturer's Representative to note adequacy of related equipment that directly affects operation, performance or function of equipment checked. (No comment presented herein shall indicate adequacy of related systems or equipment):

END OF SECTION

Certificate of Completed Demonstration Form 00866-1

SECTION 00866 CERTIFICATE OF COMPLETED DEMONSTRATION FORM

[ ] OWNER: THE CITY OF PALM COAST _______ No. Copies [ ] ENGINEER: _______ No. Copies [ ] ARCHITECT: _______ No. Copies [ ] CONTRACTOR: _ No. Copies [ ] FIELD: _____________ No. Copies [ ] OTHER: _____________ No. Copies

BID NO./PROJECT: ITB-CD-CME-15-01/ Multi Use Path Phase 6 Seminole Woods Blvd. PURCHASE ORDER NO.: DATE: DRAWING NO.: SPECIFICATION SECTION:

NOTE TO CONTRACTOR: Submit five (5) copies of all information listed below for checking at least one (1) week before scheduled demonstration of the Work. After all information has been approved by the City, give the City a Demonstration of Completed Systems as specified and have the City sign five (5) copies of this form. Once signed, a written request for a final inspection of the system shall be made. MEMORANDUM: This memo is for the information of all concerned that the City has been given a Demonstration of Completed Systems on the work covered under this Specification Section. This conference consisted of the system operation, a tour on which all major items of equipment were explained and demonstrated, and the following items were given to the City: (a) City's copy of Operation and Maintenance Manual for equipment or systems specified under this section

containing approved submittal sheets on all items, including the following: (1) Maintenance information published by manufacturer on equipment items. (2) Printed warranties by manufacturer on equipment items. (3) Performance verification information as recorded by the Contractor. (4) Check-Out Memo on equipment by manufacturer's representative. (5) Written operating instructions on any specialized items.

Certificate of Completed Demonstration Form 00866-2

(6) Explanation of guarantees and warranties on the system. (b) Prints showing actual "As-Built" conditions.

(c) A demonstration of the System in Operation and of the maintenance procedures which shall be required. Name of General Contractor By: Authorized Signature Title Date Name of Subcontractor By: Authorized Signature Title Date Operations and Maintenance Manual, Instruction Prints, Demonstration & Instruction in Operation Received: The City of Palm Coast By: Authorized Signature Title Date

END OF SECTION

Supplementary Conditions 00900-1

SECTION 00900 SUPPLEMENTARY CONDITIONS

Section 1. Introduction. These Supplementary Conditions amend or supplement the General Conditions of the Contract Documents as indicated below. Section 2. Field Office/Trailer. This project will not require a CONTRACTOR’S field office/trailer or an ENGINEER field office/trailer Section 3. Emergency Phone Numbers City of Palm Coast Public Works Number 386-986-2322 City of Palm Coast Purchasing and Contracts Division 386-987-3730 Section 4: The City shall not intentionally award publicly-funded contracts to any CONTRACTOR who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationality Act (INA)] and such employment by the CONTRACTOR shall constitute a per se violation of this Agreement. The City shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A (e) of the INA shall be grounds for immediate termination of this Agreement by the City. Section 5: Road Improvements Projects &Others – (Proximate to Schools & Parks): Effective March 6, 2007, all private contractors, vendors, employees of private contractors or vendors, repair persons and delivery persons involved in the road improvement projects and other projects, as determined by the City Manager, when work being accomplished on or proximate to schools or parks shall be subject to the screening requirements of Section 2-73, Code of Ordinances of the City of Palm Coast. Be advised that once the Notice to Proceed has been issued, all CONTRACTORS and sub-contractors shall have their employees who will be working on project sites undergo criminal history background screenings and be verified through the Florida Department of Law Enforcement’s Sexual Offender/Predator Database (http://offender.fdle.state.fl.us/offender/homepage.do) and the National Sex Offender Register (http://www.nsopr.gov/). CONTRACTOR shall be required to badge all cleared employees and no employee shall be allowed onto a project site until they have been badged. Badges must be clearly visible and worn at all times at the project site. Once employees have been cleared, CONTRACTOR shall supply to the Project Manager a current and complete list of all employees who have passed the screening and who will be working on the project site. This list must be updated and supplied to the Project Manager on an ongoing basis due to general attrition activities. If employees are found to be in non-compliance with the above requirements, the CONTRACTOR shall confiscate that employee’s badge, remove that employee from the project site immediately, and provide the City (Project Manager) with an updated approved employee list. Should employees remain on site who are not wearing badges, the CONTRACTOR shall be deemed in breach of this Agreement.

Supplementary Conditions 00900-2

Section 6: Indemnity - IF THE CITY’S ENGINEER IS THE ENGINEER OF RECORD, PLEASE INSERT IN SECTIONS 6.18.4 – (IF NOT DELETE SECTION 6) CONTRACTOR shall also indemnify and hold harmless the City’s Engineer as the Engineer of Record, the City, its officers and employees, from liability, losses, damages, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in their performance of this contract.

END OF SECTION

Addional Supplemental T&C 00901-2

SECTION 00901 ADDITIONAL SUPPLEMENTAL TERMS AND CONDITIONS

WITNESSETH:

(1) The CONTRACTOR hereby warrants and represents to the OWNER that it is competent and otherwise able to provide professional and high quality goods and/or services to the OWNER by means of employees who are neat in appearance and of polite demeanor. (2) The CONTRACTOR acknowledges that the OWNER shall retain other goods and/or service providers to provide the same goods and/or services for OWNER projects. The CONTRACTOR acknowledges that the OWNER, at the OWNER’S option, shall request proposals from the CONTRACTOR and the other goods and/or service providers for OWNER projects. The OWNER reserves the right to select which goods and/or services provider shall provide goods and/or services for the OWNER'S projects. (3) Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he/she/they is/are authorized to bind the CONTRACTOR fully to the terms of this Agreement, (4) The CONTRACTOR hereby guarantees the OWNER that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. (5) It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting the CONTRACTOR (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the OWNER for any purpose, or in any manner, whatsoever. The CONTRACTOR is shall be and shall remain forever an independent contractor with respect to all services performed under this Agreement. (6) Persons employed by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the OWNER'S officers and employees either by operation of law or by the OWNER. (7) No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the OWNER. (8) Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and/or services shall be provided and/or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based upon its failure to comply with this Agreement. The CONTRACTOR has informed the OWNER, and hereby represents to the OWNER, that it has extensive experience in performing and providing the services and/or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included


within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the OWNER'S Projects. (9) The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, and the coordination of all goods and/or services furnished by the CONTRACTOR under this Agreement as well as the conduct of its staff, personnel, employees and agents. The CONTRACTOR shall work closely with the OWNER on all aspects of the provision of the goods and/or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. (10) Neither the OWNER'S review, approval or acceptance of, nor payment for, any of the goods and/or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the OWNER in accordance with applicable law for all damages to the OWNER caused by the CONTRACTOR negligent or improper performance or failure to perform any of the goods and/or services furnished under this Agreement. (11) The rights and remedies of the OWNER, provided for under this Agreement, are in addition to any other rights and remedies provided by law. (12) The OWNER and the CONTRACTOR shall make every effort to resolve all disputable items contained in the CONTRACTOR'S invoices. (13) Each invoice shall reference this Agreement, the appropriate billing period. (14) The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and/or services referenced in an invoice.

(15) Invoices are shall be forwarded directly to: City of Palm Coast Financial Services 160 Cypress Point Parkway, Suite B-106 Palm Coast, FL 32164

(16) OWNER designates the OWNER Manager or his/her designated representative, to represent the OWNER in all matters pertaining to and arising from the work and the performance of this Agreement. (17) The OWNER Manager, or his/her designated representative, shall have the following responsibilities:

(a) Examination of all work and rendering, in writing, decisions indicating the OWNER'S approval or disapproval within a reasonable time so as not to materially delay the work of the CONTRACTOR;

(b) Transmission of instructions, receipt of information, and interpretation and definition of

OWNER'S policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this Agreement;


(c) Giving prompt written notice to the CONTRACTOR whenever the OWNER official

representative knows of a defect or change necessary in the project; and (d) Coordinating and managing the CONTRACTOR'S preparation of any necessary

applications to governmental bodies, to arrange for submission of such applications. (18) Until further notice from the OWNER Manager the designated representative for this Agreement is: Mr. Jim Landon City Manager City O f Palm Coast 160 Cypress Point Parkway, Suite B-106 Palm Coast FL, 32164 (19) The performance or provision of the CONTRACTOR'S goods and/or services under this Agreement can be suspended by the OWNER at any time. (20) Upon receipt of written notice from the OWNER that the CONTRACTOR'S provision of goods and/or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the OWNER. (21) The CONTRACTOR agrees that it shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued there under, and any and all requirements of Federal or State law related thereto. (22) Nothing herein shall be deemed to affect the rights, privileges, and immunities of the OWNER as set forth in Section 768.28, Florida Statutes. (23) In claims against any person or entity indemnified under this Section by an employee of the CONTRACTOR or its agents or subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they shall be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or its agents or subcontractors, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. (24) The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision in this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage’s.


(25) The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. (26) All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the OWNER as an additional insured. (27) The CONTRACTOR shall provide Certificates of Insurance to the OWNER evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the OWNER. These Certificates of Insurance shall become part of this Agreement. Neither approval by the OWNER nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR’S full responsibility for performance of any obligation including the CONTRACTOR’S indemnification of the OWNER under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or fail to maintain the requisite Best’s Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the OWNER and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the OWNER, the CONTRACTOR shall be deemed shall be in default of this Agreement. (28) The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice shall be given to the OWNER by submission of a new Certificate of Insurance, (29) The CONTRACTOR shall furnish Certificates of Insurance directly to the OWNER’S Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. (30) Nothing in this Agreement or any action relating to this Agreement shall be construed as the OWNER'S waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. (31) The OWNER shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement, (32) The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the OWNER. The OWNER shall have no liability except as specifically provided in this Agreement. (33) All insurance shall be primary to, and not contribute with, any insurance or self-insurance maintained by the OWNER. (34) The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement.


(35) The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. (36) The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that shall be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR shall have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately disclosed in writing to the OWNER. Violation of this Section shall be considered as justification for immediate termination of this Agreement. (37) The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. (38) If the OWNER determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the OWNER shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. (39) The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the OWNER. (40) The CONTRACTOR shall certify, upon request by the OWNER, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this certification shall result in termination. (41) If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action shall result in termination by the OWNER. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the OWNER. (42) The OWNER reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement (43) The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibit discrimination by public and private entities on the basis of disability. (44) The OWNER shall not intentionally award publicly-funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationality Act (INA) as the INA may be amended from time-to-time. The City shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A (e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A (e) of the INA is a per se breach of this Agreement and shall be grounds for immediate termination of this Agreement by the City.


(45) The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the OWNER. The CONTRACTOR agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment shall ensure compliance with any and all employment safety, environmental and health laws. (46) The CONTRACTOR shall ensure that all goods and/or services are provided to the OWNER after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions, approvals or similar consents, (47) If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. (48) The CONTRACTOR shall advise the OWNER in writing of it who has been placed on a discriminatory vendor list, shall not submit a bid on a contract to provide goods or services to a public entity, or shall not transact business with any public entity. (49) The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any OWNER employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. (50) The OWNER shall perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the OWNER subsequent to the close of the final fiscal period in which goods and/or services are provided or performed. Total compensation to the CONTRACTOR shall be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. (51) In addition to the above, if Federal, State, County, or other entity funds are used for any goods and/or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Flagler, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and/or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. (52) In the event of any audit or inspection conducted reveals any overpayment by the OWNER under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the OWNER within thirty (30) days of notice by the OWNER of the request for the refund. (53) The CONTRACTOR agrees to fully comply with all State laws relating to public records. (54) The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.


(55) The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or shall become due out of this Agreement to a bank, trust company, or other financial institution without written OWNER approval. When approved by the OWNER, written notice of such assignment or transfer shall be furnished promptly to the OWNER. (56) Any CONTRACTOR proposed subcontractors shall be submitted to the OWNER for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. (57) The CONTRACTOR shall coordinate the provision of goods and/or services and work product of any OWNER approved subcontractors, and remain fully responsible for such goods and/or services and work under the terms of this Agreement. . (58) This Agreement is the result of bona fide arms length negotiations between the OWNER and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. (59) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. (60) In no event shall any obligation of the OWNER under this Agreement be or constitute a general obligation or Indebtedness of the OWNER, a pledge of the ad valorem taxing power of the OWNER or a general obligation or indebtedness of the OWNER within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. (61) The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the OWNER. (62) Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. (63) The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. (64) If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (65) All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof.


(66) (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the City prior to filing suit or otherwise pursuing legal remedies.

(b) The Contractor agrees that it shall file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the City in alternative dispute resolution procedures or which the Contractor had knowledge and failed to present during the City procedures.

(c) In the event that City procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures shall be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation.” (67) This Agreement shall be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. (68) The following shall be applied when grant funds are utilized: On each Application for Payment, CONTRACTOR shall (1) list the name and address of each of its Subcontractors and Suppliers who have performed Work or provided supplies or Material during the time period of Work reflected by the Application; (2) submit certified payroll sheets for his own forces and all Subcontractors for the month preceding this application; and, (3) submit a monthly updated Progress Schedule including cash flow projections. After the first Application for Payment, CONTRACTOR shall include an affidavit stating that all previous progress payments received on account of the Work have been applied (1) to discharge CONTRACTOR's obligations and (2) to pay in full (less retainage) all amounts owed to its Subcontractors and Suppliers reflected in prior Applications for Payment. CONTRACTOR shall on the Application for Payment form note and explain when it has not discharged its obligations or paid in full (less retainage) all amounts owed as stated above.

END OF SECTION

Summary of Work 01010-1

SECTION 01010 SUMMARY OF WORK

PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. The Contractor shall furnish all labor, materials, equipment, tools, services and incidentals to

complete all Work required by these Specifications and as shown on the Drawings. B. Omission of a specific item or component part of a system obviously necessary for the proper

functioning of the system shall not relieve the Contractor of the responsibility of furnishing the item as part of the work at no additional cost to the City.

C. The Contractor shall perform the Work complete, in place, and ready for continuous service, and

shall include repairs, testing, permits, cleanup, replacements and restoration required as a result of damages caused during this construction.

D. The Contractor shall comply with all Federal, State and local laws, rules and regulations which are

applicable to this Project. 1.02 CONTRACTOR'S USE OF PREMISES A. The Contractor shall assume full responsibility for the protection and safekeeping of products and

materials stored at the job site. If additional storage or work areas are required, they shall be obtained by the Contractor at no additional cost to the City.

1.03 WORK SEQUENCE A. The Contractor shall establish his work sequence based on the use of crews to facilitate completion

of construction and testing within the allotted Contract Time. B. Contractor shall discuss work sequence at Pre-Construction Conference. C. The contractor shall furnish all labor, material, equipment, tools, supervision, and any other

items required for completing a 10’ wide concrete multi-use path on Seminole Woods Blvd. between US-1 and Sesame Blvd. The work consists of New Construction including but not limited to site work, clearing, filling, grading, and construction of concrete path, benches and signs.

PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED)

Summary of Work 01010-2

END OF SECTION

Measurement & Payment 01025-1

SECTION 01025 MEASUREMENT AND PAYMENT

PART 1 - GENERAL 1.01 DESCRIPTION A. This Section defines the method, which shall be used to determine the quantities of work

performed, or materials supplied and establish the basis upon which payment shall be made. 1.02 ESTIMATED QUANTITIES A. Where quantities are shown they are approximate and are given only as a basis of calculation upon

which the award of the Contract is to be made. The CITY does not assume any responsibility for the final quantities, nor shall the CONTRACTOR claim misunderstanding because of such estimate of quantities. Final payment shall be made only for the satisfactorily completed quantity of each item.

1.03 MEASUREMENT STANDARDS A. All work completed under the Contract shall be measured according to United States Standard

Methods. 1.04 METHOD OF MEASUREMENT A. Measurement of Length: Unless otherwise specified for the particular items involved, all

measurements of distance for items to be paid for on the basis of length shall be taken horizontally or vertically.

B. Measurement of Area: In the measurement of items paid for on the basis of area of finished work,

the lengths and/or widths to be used in the calculations shall be the actual dimensions measured along the surface of the completed work within the neat lines shown or designated. At intersections, the measurement used for length of side area shall be measured from the outside edge of the width allowed along the main trench.

C. Measurement of Weight of Asphaltic Concrete Materials: Measurements of the weight of Asphaltic

Concrete Materials shall be made as provided in the latest edition of the Florida Department of Transportation, Standard Specifications for Road and Bridge construction, except that the CONTRACTOR shall be responsible for writing and certifying the accuracy of truck tally tickets.


1.05 PAYMENT A. Lump Sum Items: Where payment for items is shown to be paid for on a lump sum basis, no

separate payment shall be made for any item of work described herein and listed on the Bid Form required to complete the lump sum item.

B. Unit Price Items: Where payment for items is shown to be paid for on a unit price basis, separate

payment shall be made for the items of work described herein and listed on the Bid Form. Any related work not specifically listed, but required for satisfactory completion of the work, shall be considered to be included in the scope of the appropriate listed work items.

1.06 COSTS INCLUDED IN PAYMENT ITEMS A. No separate payment shall be made for the following items and the cost of such work shall be

included in the applicable pay items of work: 1. Construction Surveying 2. Clearing and grubbing

3. Trench excavation including necessary pavement removal, except as otherwise specified 4. Dewatering and disposal of surplus water 5. Structural fill, backfill and grading 6. Replacement of unpaved roadways, grass and shrubbery plots 7. Cleanup 8. Foundation and borrow materials, except as hereinafter specified 9. Testing and placing system in operation 10. Any material and equipment required to be installed and utilized for tests 11. Concrete encasement 12. Pipe, structures, pavement replacement, restoration and/or appurtenances included within

the limits of lump sum work, unless otherwise shown 13. Maintaining the existing quality of service during construction 14. Maintaining or detouring of the traffic 15. Appurtenant work as required for a complete and operable system

B. Cleanup: Contractor’s attention is called to the fact that the cleanup is considered a part of the work of construction. No payment shall be made until cleanup is essentially complete.

C. Work Outside Authorized Limits: No payment shall be made for work constructed outside the

authorized limits of work. 1.07 APPLICATIONS FOR PAYMENT A. Applications for payment shall be prepared by the CONTRACTOR and submitted to the CITY in

accordance with the schedule established by the Conditions of the Contract Documents and Agreement.

B. Applications for payment shall be submitted in the number and format established by the CITY at

the Pre-Construction Conference. The form shall be completely filled out and executed by an authorized representative of the CONTRACTOR. Supporting data such as schedules of stored materials, and appropriate releases of lien shall be attached to each copy of the application.


1.08 CHANGE ORDER PROCEDURE A. As defined in the General Terms and Conditions and the Supplementary Conditions a Change

Order is a written order to the CONTRACTOR signed by the CITY authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, which is issued after the execution of the Agreement. The following procedure shall be used in processing Change Orders:

1. For Additions to the Work: The CITY shall issue a written order to the CONTRACTOR

directing him to accomplish the additional work. The CONTRACTOR shall review the order and if he feels that the additional work entitles him to additional payment or additional time, he shall submit a Change Order as prescribed in the Conditions for the Contract.

2. For Deletions From the Work: The CITY shall issue a written order to the CONTRACTOR

directing him to make the change. If the CITY feels that the Contract price should be reduced as a result of the change, the CITY shall make a claim for the reduction as provided in the Conditions for the Contract.

Cost of the changes in the work shall be determined in accordance with the requirements

spelled out in the Conditions of the Contract.

PART 2 - PRODUCTS (NOT USED) PART 3 – EXECUTION

END OF SECTION

Application for Payment 01027-1

SECTION 01027 APPLICATION FOR PAYMENTS

PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Submit Application for Payments to the City in accordance with schedule

established by Conditions of the Contract and Agreement between City and Contractor. B. Related Requirements Described Elsewhere: 1. Agreement between City and Contractor. 2. Application for Payment Form. 3. Schedule of Values. 4. Contract Closeout. 5. Project Record Documents. 1.02 FORMAT AND DATA REQUIRED A. Submit applications typed on forms provided by the City, “Application and Certificate for Progress

Payment”, with itemized data typed on 8-1/2 inch x 11 inch or 8-1/2 inch x 14 inch white paper continuation sheets.

B. Provide itemized data on continuation sheet of format, schedules, line items and values: Those of

the Schedule of Values approved by the Engineer. 1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to date of

submittal of application. 2. Fill in summary of dollar values to agree with respective totals indicated on continuation

sheets. 3. Execute certification with signature of a responsible officer of Contract firm. B. Continuation Sheets: 1. Fill in total list of all scheduled component items of work, with items number and


scheduled dollar value for each item. 2. Fill in dollar value in each column for each scheduled line item when work has been

performed or products stored. Round off values to nearest dollar, or as specified for Schedule of Values.

3. List each Change Order executed prior to date of submission, at the end of the continuation

sheets. List by Change Order Number, and description, as for an original component item of work.

4. To receive approval for payment on component material stored on site, submit copies of the

original invoices with the Application for Payment. 5. As provided for in the "Application and Certificate for Progress Payment" form, the

Contractor shall certify, for each current pay request, that all previous progress payments received from the City, under this Contract, have been applied by the Contractor to discharge in full all obligations of the Contractor in connection with Work covered by prior Applications for Payment, and all liens, claims, security interest and encumbrances. Contractor shall attach to each Application for Payment like affidavits by all Subcontractors.

1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the City requires substantiating data, Contractor shall submit suitable information, with a

cover letter identifying: 1. Project. 2. Application number and date. 3. Detailed list of enclosures. 4. For stored products: a. Item number and identification as shown on application. b. Description of specific material. B. Submit one (1) copy of data and cover letter for each copy of application. C. Submit requisite number of photographs with each application.

D. List the name and address of all Subcontractors and Suppliers who have performed work or provided supplies or material for each application.

E. Submit certified payroll sheets for Contractor’s forces and all Subcontractors for the month

preceding the submitted application. F. Submit revised monthly progress schedules with each month’s Application for Payment, including

cash flow projections.


G. The Contractor is to maintain an updated set of drawings to be used as record drawings in accordance with the Contract Documents. AS A PREREQUISITE FOR PAYMENT OF MONTHLY PROGRESS PAYMENTS, THE CONTRACTOR IS TO EXHIBIT THE UPDATED RECORD DRAWINGS FOR REVIEW BY THE CITY.

1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Fill in Application Form as specified for progress payments. 1.06 SUBMITTAL PROCEDURE A. Submit Applications for Payment to the City at the time stipulated in the Agreement. Review the

percents complete with the City to resolve any conflicts or discrepancies. B. Number of copies for each Application for Payment: 1. City: Four (4) copies 2. Contractor: As required for his needs. C. When the City finds Application properly completed and correct, the City shall process Certificate

for Payment. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED)

END OF SECTION

Field Engineering 01050-1

SECTION 01050 FIELD ENGINEERING

PART 1 - GENERAL 1.01 SECTION INCLUDES A. Provide field engineering service for project as indicated on Drawings and specified in this Section. 1.02 QUALIFICATIONS OF SURVEYOR OR ENGINEER A. Florida Registered Engineer or Land Surveyor. 1.03 SURVEY REFERENCE POINTS A. Existing basic horizontal and vertical control points are designated on Drawings. All elevations are

referred to NAVD 1988. Establish all vertical and horizontal controls required for construction. B. Locate and protect control points prior to starting site work, and preserve permanent reference

points during construction. 1. Make no changes or relocations of such points without prior written notice to Engineer. 2. Report to Engineer when any reference point is lost or destroyed, or requires relocation

because of necessary changes in grades or locations. 3. Require surveyor to replace control points which shall be lost or destroyed. Establish

replacements based on original survey control. 4. Engineer shall identify existing control points and properly line corner stakes indicated on

Drawings, as required. 1.04 PROJECT SURVEY REQUIREMENTS A. Establish a minimum of two (2) permanent bench marks on the project site, all referenced to data

established by survey control points. Record locations, with horizontal and vertical data, on Project Record Documents.

B. Establish lines and levels, locate and lay out, by instrument and similar appropriate means. 1. Site improvements. 2. Building foundation, column locations, floor levels and roof levels.

Field Engineering 01050-2

3. Controlling lines and levels required for mechanical and electrical trades. C. Verify layouts by same methods from time to time. 1.05 RECORDS A. Maintain a complete, accurate log of control and survey work as it progresses. B. On completion of foundations and major site improvements, prepare a certified survey showing

finished dimensions, locations, angles and elevations of construction. 1.06 SUBMITTALS A. Submit name and address of surveyor or professional engineer to Engineer. B. On request of Engineer, submit documentation to verify accuracy of field survey work. C. Submit certificate signed and sealed by a State of Florida Registered Engineer or Land Surveyor

certifying that elevations and locations of improvements are in conformance with Contract Documents.

PART 2 – PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED)

END OF SECTION

Permit and Fees 01065-1

SECTION 01065 PERMITS AND FEES

PART 1 - GENERAL 1.01 DESCRIPTION

A. Scope of Work: Obtain and pay for all permits and licenses including, but not limited to all construction and Right-of-Way utilization permits.

B. Permits by the Contractor: Contractor shall apply for and receive prior to construction, permits from but

not limited to the following agencies:

1. National Pollution Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities

NPDES PERMIT CONFORMANCE

1.01.1 Summary: This section specifies requirements for this contract associated with the National Pollution Discharge Elimination System (NPDES) program of the United States Environmental Protection Agency (EPA).

1.01.2 General Information

1.01.2a The NPDES permit program requires that if the magnitude of construction activities covered by general permit are above certain thresholds, development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) specifically designed for each construction site is required. Also involved are certain certification, notification, inspection and record-keeping activities.

1.01.2b For this contract, the Engineer has determined that the magnitude of the Work will exceed the threshold levels cited above. It is therefore required that the Contractor develop and implement a SWPPP plan.

1.01.2c Guidance on the development of the SWPPP is contained in the State of Florida

Department of Environmental Protection Document No. 62-621.300(4)a dated May 1, 2003, titled Generic Permit for Stormwater Discharges from Large and Small construction Activities.

1.01.3 Specific Requirements

1.01.3a The Contractor shall develop, implement and comply with a plan specifically designed for this construction site, and including Best Management Practices (BMP’s) and controls which prevent the pollution of storm water discharges.


1.01.3b The Contractor shall incorporate into the SWPPP all applicable requirements

specified in State or local sediment and erosion control plans or permits, or stormwater management plans or permits. The Contractor shall submit a certification that the SWPPP reflects these requirements, and that these requirements will be complied with during the term of the contract.

1.01.3c Prior to commencement of construction, the SWPPP must be prepared and

certified by the Contractor. Notice of Intent (NOI) must be forwarded to the Environmental Protection Agency and the St. Johns River Water Management District (with an information copy to the City of Palm Coast) at least 48 hours prior to any land clearing.

1.01.3d Record-Keeping: The Contractor shall maintain the Plan and the associated

records and reports, including documentation of the required inspections. These documents shall be maintained at the job site until the site is finally stabilized. Thereafter, the Contractor (Permittee) shall keep the SWPPP and all reports for at least three years.

1.01.3e When the construction activity has ceased and all areas affected by the work are

stabilized, the Contractor shall prepare, certify and submit the required Notice of Termination to the Environmental Protection Agency, the City, and to the St. Johns River Water Management District. Final Payment Application will not be processed in the absence of the required submissions.

1.01.3f The Engineer has also prepared a suggested format for the inspection records

required to be kept under the SWPPP, attached hereto as Appendix “E”. C. Permits by Owner: The City has applied and paid for the following permits: 1. SJRWMD 2. USACE

D. Copies of the referenced permits are attached to this Section.


END OF SECTION

Codes, References and Abbreviations 01070-1

SECTION 01070 CODES, REFERENCES AND ABBREVIATIONS

PART 1 – GENERAL 1.01 SECTION INCLUDES Referenced standards and abbreviations. 1.02 REFERENCED STANDARDS

A. Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specification or standard which is current on the date of Advertisement for Bids. In case of a conflict between the referenced specifications or standards, the one having the more stringent requirements shall govern.

B. In case of conflict between the referenced specifications or standards and the Contract Documents,

the Contract Documents shall govern. 1.03 ABBREVIATIONS The following are definitions of abbreviations used within the Project Manual: AA Aluminum Association, Inc. AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AISC American Institute of Steel Construction, Inc. AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMA Acoustical Materials Association AMCA Air Movement and Control Association, Inc. ANSI American National Standards Institute, Inc. APA American Plywood Association ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc.


ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWMA Aluminum Window Manufacturer's Association AWPA American Wood Preserves Association AWPB American Wood Preservers Bureau AWPI American Wood Preservers Institute AWS American Welding Society, Inc. AWWA American Water Works Association CPSC U.S. Consumer Product Safety Commission CRSI Concrete Reinforcing Steel Institute CS Commercial Standards and National Bureau of Standards FM Factory Mutual Research Corp. FS Federal Specifications FS Florida Statutes GA Gypsum Association HI Hydraulic Institute IEEE Institute of Electrical and Electronic Engineers NAAMM National Association of Architectural Metal Manufacturers NBFU National Board of Fire Underwriters NCMA National Concrete Masonry Association NECA National Electrical Contractors’ Association NEMA National Electrical Manufacturers' Association NFiPA National Fire Protection Association NFoPA National Forest Products Association NSF National Sanitation Foundation


PCA Portland Cement Association PCI Precast Prestressed Concrete Institute PS Product Standards National Institute of Standards and Technology SDI Steel Door Institute SJI Steel Joist Institute A SMACCNA Sheet Metal and Air Conditioning Contractors' National Association, Inc. SSPC Structural Steel Painting Council UL Underwriters Laboratories, Inc. 1.04 CODES AND GOVERNMENTAL DEPARTMENTS CFR Code of Federal Regulations EPA Environmental Protection Agency FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FAC Florida Administrative Code NEC National Electric Code (Published by NFiPA) OSHA Occupational Safety and Health Act PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED)

END OF SECTION

Special Project Procedures 01100-1

SECTION 01100 SPECIAL PROJECT PROCEDURES

PART 1 - GENERAL 1.01 WATER TIGHTNESS A. Special precautions shall be taken in the curing of concrete to reduce concrete cracking as called

for in Section 03300 Cast-In-Place Concrete. The water retaining structures (those which are intended to hold a liquid) shall be filled and tested for leaks by the contractor with potable water prior to surface coating or painting. Procedure and manner in which any leaks are repaired must meet the approval of the City.

1.02 PUBLIC NUISANCE A. The Contractor shall not create a public nuisance including, but not limited to, encroachment on

adjacent lands, flooding of adjacent lands, or excessive noise. B. Sound levels measured by the City shall not exceed 50 DBA from 7 P.M. to 7 A.M. or 60 DBA 7

A.M. to 7 P.M. This sound level shall be measured at the exterior of the nearest exterior wall of the nearest residence. Levels at the equipment shall not exceed 85 DBA at any time. Sound levels in excess of these values are sufficient cause to have the work halted until equipment can be quieted to these levels. Work stoppage by the City for excessive noise shall not relieve the Contractor of the other portions of this Specification including, but not limited to, completion dates and bid amounts.

C. No extra charge shall be made for time lost due to work stoppage resulting from the creation of a

public nuisance. 1.03 SUSPENSION OF WORK A. During inclement weather, all work which might be damaged or rendered inferior by such weather

conditions shall be suspended. The orders and decisions of the City as to suspensions shall be final and binding. During suspension of the work from any cause, the work shall be suitably covered and protected so as to preserve it from injury by the weather or otherwise; and, if the City shall so direct, rubbish and surplus materials shall be removed.

1.04 SPECIAL REQUIREMENTS A. The following requirements shall govern: 1. No additional payment shall be made for pumping or other difficulties encountered due to

water.


2. The Contractor shall, prior to interrupting a utility service (water, sewer, etc.) for the purpose of making cut-ins to the existing lines or for any other purposes, contact the City

and make arrangements for the interruption which shall be satisfactory to the City. 3. All equipment delivered to the job site shall be properly protected from dirt, dust,

dampness, water and any other condition detrimental to the life of the equipment from the date of delivery to the time that control of the equipment is assumed by the City. If any equipment is delivered to the job site before any building thereon is enclosed, it shall be housed in a temporary, structurally rigid, watertight enclosure.

4. Certain information regarding the reputed presence, size, character and location of existing

underground structures, pipes and conduits has been shown on the Contract Drawings. There is no certainty of the accuracy of this information, and the location of underground structures shown shall be inaccurate and other obstructions that those shown shall be encountered. The Contractor hereby distinctly agrees that the City is not responsible for the correctness or sufficiency of the information given; that in no event is this information to be considered as a part of the Contract; and that consideration for equitable compensation shall be made for conditions materially different from those shown on the Drawings, as determined by the City.

1.05 JURISDICTIONAL DISPUTES A. It shall be the responsibility of the Contractor to pay all costs that shall be required to perform any

of the work shown on the Drawings or specified herein in order to avoid any work stoppages due to jurisdictional disputes. The basis for subletting work in question, if any, shall conform with precedent agreements and decisions on record with the Building and Construction Trades Department, AFL-CIO, dated June, 1973, including any amendments thereto.

1.06 PUMPING A. The Contractor, with his own equipment, shall do all pumping necessary to prevent flotation of any

part of the structures during construction operations. B. The Contractor shall, for the duration of the Contract and with his own equipment, pump out water

which shall seep or leak into the structures. Operating areas shall be kept dry at all times. The extent of pumping required in non-operating areas shall be determined by the Engineer.

1.07 HAULING AND CONSTRUCTION OPERATIONS ON PLANT PROPERTY A. The Contractor shall conduct access, hauling, filling and storage operations as specified herein and

as shown on the Contract Drawings. 1. On-site borrow areas are designated as follows: None, all borrow material required shall be

provided by the Contractor from off-site. 2. On-site spoil areas shall be designated as follows: All spoils shall be removed from the site. B. Construct all fill areas so runoff shall not flood improved areas.



END OF SECTION

Administrative Requirements 01310-1

SECTION 01310 ADMINISTRATIVE REQUIREMENTS

PART 1 – GENERAL 1.01 SECTION INCLUDES

A. Meetings, construction progress documentation, submittals, record documents. 1.02 PRECONSTRUCTION MEETING

A. The OWNER will schedule a preconstruction meeting prior to beginning the Work to review shop drawing procedures, submittal requirements, and construction administration requirements (project coordination and communication). The CONTRACTOR shall bring to the preconstruction meeting the proposed construction schedule, a preliminary schedule of shop drawing submissions, and a preliminary schedule of values of work. All will be reviewed with the OWNER during the meeting.

1.03 PROGRESS SCHEDULES

A. Within 10 days after the effective date of the Agreement, the CONTRACTOR shall submit to the ENGINEER for review and acceptance, an estimated progress schedule indicating the starting and completion dates of the various stages of the work, a preliminary schedule of shop drawing submissions, and a preliminary schedule of value of the work. Include sub-schedules of related activities which are essential to its progress.

B. Revised schedules shall be submitted periodically as changes become apparent. C. Unless other format or use of a network analysis system is required, schedules shall be prepared in

the form of a horizontal bar chart. A separate horizontal bar shall be provided for each trade or operation. The first work day of each week shall be identified on the horizontal time scale. Scale and spacing will be such as to allow space for notations and revisions.

D. Schedules shall show the complete sequence of construction by activity with dates for the

beginning and completion of each major element of construction. Projected percentage of completion for each item as of the first day of each month shall be shown.

1.04 SCHEDULE OF VALUES

A. At least 10 days prior to submitting the first Application for a progress payment, the CONTRACTOR shall submit to the ENGINEER a schedule of values of the work. This schedule shall be satisfactory in form and substance to the ENGINEER. The schedule of values shall include quantities and unit prices aggregating the contract price, and shall subdivide the work into component parts in sufficient detail to serve as the basis for progress payments during construction.


Upon acceptance of the schedule of values by the ENGINEER, it shall be incorporated into the form of Application for Payment shown in Section 00844.

B. Where estimated quantities and unit prices are shown in the Bid Form as the basis of payment, the

quantities shown in the Bid Form are approximate and are given only as a basis of calculation upon which the award of the contract is to be made. The OWNER or ENGINEER do not assume any responsibility that the final quantities will remain in accordance with estimated quantities, nor shall the CONTRACTOR claim misunderstanding or deception because of such estimate of quantities. Final payment will be made on the basis of the actual completed quantities of each item.

1.05 DEFINITIONS

A. Shop Drawings: Shop drawings are original drawings, prepared by the CONTRACTOR, a subcontractor, supplier, or distributor, which illustrate some portion of the Work; showing fabrication, layout, setting, or erection details. Shop drawings shall be prepared by a qualified detailer and shall be identified by reference to sheet and detail numbers on the Contract Drawings.

B. Product Data: Product data are manufacturer’s standard schematic drawings and manufacturer’s

catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data. Catalog sheets, brochures, etc., shall be clearly marked to identify pertinent materials, products, or models.

C. Samples: Samples are physical examples to illustrate materials, equipment, or workmanship and to

establish standards by which work is to be evaluated.

D. Miscellaneous Submittals: Miscellaneous submittals related directly to the work (non-administrative) include warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, quality testing and certifying reports, copies of industry standard, record drawings, field measurement data, operating and maintenance materials, overrun stock, and similar information, devices and materials applicable to the work and not processed as shop drawings, product data or samples.

1.06 SUBMITTAL REQUIREMENTS

A. Prior to submission, thoroughly check shop drawings, product data, and samples for completeness and for compliance with the Contract Documents. Verify all field measurements, quantities, dimensions, specified performance criteria, fabrication, shipping, handling, storage, assembly, installation, and safety requirements.

B. Coordinate the submittals with the requirements for other related work.

C. Notify the ENGINEER, in writing at the time of submission, of deviations in submittals from the

requirements of the Contract Document. The CONTRACTOR’S responsibility for deviations in submittals from the requirements of the Contract Documents is not relieved by the ENGINEER’S review of submittals, unless the ENGINEER gives written acceptance of specific deviations.

D. Submit at least six (6) copies of each shop drawing and product data. The specific number of

copies required of all submittals will be determined during the preconstruction meeting. Submit the number of samples indicated in the individual Specification Sections.


E. Where a specific product manufacturer and model number is listed in individual specification sections and is proposed by the CONTRACTOR to be used, full submittal of product data is not required. In this case, submit in letter format the name of the product, manufacturer, model number, specification section, and name of project. Certify the identified product is proposed to be used in the project.

F. Shop drawings, product data, and samples shall be accompanied by a letter of transmittal referring

to the name of the project and to the specification page number and/or Drawing number for identification of each item. Submittals for each type of work shall be numbered consecutively, and the numbering system shall be retained throughout all revisions.

G. Submittals shall bear the CONTRACTOR’S stamp of approval certifying that they have been

checked and indicate appropriate specification section and/or drawing location. Submittals without the CONTRACTOR’S initialed or signed certification stamp and submittals which, in the ENGINEER’S opinion, are incomplete, contain numerous errors or have not been properly checked, will be returned unchecked by the ENGINEER for resubmission.

H. Begin no work which requires submittals until return of submittals with ENGINEER stamp and

initials or signature indicating the submittal has been approved.

I. Systems to be submitted in the shop drawing submittal shall include but not necessarily be limited to:

1. Each item of equipment and/or materials listed in the project equipment and material schedules. 2. Each item of process instrumentation and control system including instrumentation system

schematic diagrams. 3. Prestressed or precast concrete members. 4. Reinforcing steel. 5. Structural steel fabrication (including pre-engineered building). 6. Miscellaneous metals. 7. Special casings. 8. Piping and duct work, layout and dimension drawings.

J. In addition to the above, the manufacturer shall submit through the CONTRACTOR copies of the results of the tests performed by an independent laboratory that demonstrate compliance with the reference specification for:

1. Ductile iron pipe 2. Casing pipe 3. Fiberglass material 4. Concrete pipe 5. PVC pipe 6. Steel pipe 7. Concrete aggregates 8. Asphaltic materials


K. Finishes and Materials: Finishes and materials shall be submitted for color and/or pattern selection including:

1. Decorative block 2. Brick 3. Exposed aggregate panels 4. Ceramic tile 5. Laminated plastics 6. Paint color chips 7. Paneling 8. Carpet 9. Decorative materials 10. Acoustical tile 11. Resilient flooring 12. Resilient and epoxy flooring

1.07 ENGINEER’S REVIEW OF SUBMITTALS

A. ENGINEER’S review and approval of submittals will not extend to means, methods, techniques, sequences, procedures of construction, or to safety precautions.

B. The review and approval of a separate item will not indicate approval of the assembly in which the

item functions. ENGINEER’S review and approval of submittals shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents.

C. The ENGINEER will review submittals with reasonable promptness. The ENGINEER’S review of

submittals shall not be construed as a complete check and shall not relieve the CONTRACTOR from responsibility for complete compliance with the Contract requirements.

D. No corrections, changes, or deviations indicated on submittals reviewed by the ENGINEER shall

be considered as a change order. E. Where review of submittals is required by the Owner of other agencies, the ENGINEER will

forward the appropriate submittals(s) to these parties after ENGINEER review. Once review of all parties is complete, the submittal(s) will be returned to the CONTRACTOR reflecting the review of all parties.

F. If the submittal is not satisfactory, one copy of the submitted item will be retained by the

ENGINEER and all other copies returned to the CONTRACTOR for appropriate action.

G. In the event a third submittal is required, due to previous submittals of incomplete or incorrect data or not in compliance with the Contract Documents, the CONTRACTOR will be charged one-half of the cost incurred by the ENGINEER for the review of the third submittal. The CONTRACTOR shall bear the total cost incurred by the ENGINEER for all subsequent reviews. The ENGINEER costs charged to the CONTRACTOR will be at the cost plus rate generally charged by the ENGINEER and will be deducted by the OWNER from payments due to the CONTRACTOR.


H. Distribution of copies of acceptable submittals will be as mutually determined by the CONTRACTOR, OWNER, and ENGINEER on an individual item basis during or following the preconstruction conference.

1.08 PROGRESS MEETINGS

A. The frequency of progress meetings shall be determined during the preconstruction meeting. As a minimum, progress meetings shall be held once per month during construction.

B. The CONTRACTOR and OWNER shall attend the progress meetings.

PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED)

END OF SECTION

Quality Control 01400-1

SECTION 01400 QUALITY CONTROL

PART 1 – GENERAL 1.01 TESTING LABORATORY SERVICES Arrangements for testing laboratory services will be made by the OWNER. Payment for testing to show compliance with specified requirements will be paid for by the OWNER. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from monies due the CONTRACTOR. The testing laboratory shall conform to the applicable requirements of ASTM E329-77 (Latest Edition) STANDARD RECOMMENDED PRACTICE FOR INSPECTION AND TESTING AGENCIES FOR CONCRETE, STEEL AND BITUMINOUS MATERIALS USED IN CONSTRUCTION and shall be inspected and approved by the ELF/FC&PA Joint Technical Committee, Inc., or by an equivalent recognized national authority. The agent of the testing laboratory performing field sampling and field testing of concrete shall be certified by the American Concrete Institute as a Concrete Field Testing Technician Grade 1 or by an equivalent recognized national authority for an equivalent level of competence, or shall be a licensed Professional Engineer. 1.02 INSPECTION SERVICES The authorized representative of all applicable Federal and/or State agencies, including but not limited to Environmental Protection Agency, Corps of Engineers, and Department of Environmental Protection, shall be permitted to inspect all work, materials, payrolls, records of personnel, invoice of materials, and other relevant data and records. The OWNER and his authorized representatives shall be permitted free access and every reasonable facility for the inspection of all work and materials, including the removal or uncovering of such portions of the finished work as may be directed. The OWNER and his authorized representative shall also be permitted to inspect payrolls, invoices of materials, and other relevant data and records. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED)

END OF SECTION

Temporary Facilities and Controls 01500-1

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

PART 1 – GENERAL 1.01 DESCRIPTION OF REQUIREMENTS A. This section specifies the minimum requirements for temporary facilities, utilities to be brought to

the site, and control required to enable the construction of the project to progress adequately. The providing of adequate facilities at every stage of performing the work is the CONTRACTOR'S sole responsibility, and is not limited by the requirements of this section.

B. Except as otherwise indicated, the CONTRACTOR may, at his option, provide stand-alone utility

plants to provide needed services, in lieu of connected services from available public utilities, provided such stand-alone plant facilities comply with governing regulations. Prior to availability of temporary utility services, provide trucked-in/trucked-out containerized or unitized services for start-up of construction operations at the site.

1. Except as otherwise indicated, the costs of providing and using temporary utility services are

included in the Contract Sum. 1.02 TEMPORARY FACILITIES A. The types of utility services required for general temporary use at the project site include the

following (other specific services may be required for specific construction methods or operations):

Electrical Power Service Water Service (potable for certain uses) Sanitary Storm Sewer or Open Drainage/Run-off Control Gas (fuel) Service Telephone Service

1. Temporary Electricity: The CONTRACTOR shall make necessary applications and

arrangements and pay all fees and charges for electrical energy for power and light necessary for proper completion of the work and during its entire progress up to time of final acceptance by the OWNER. The CONTRACTOR shall provide and pay for all temporary switches, connections and meters.

2. Temporary Electricity: The CONTRACTOR shall provide for a temporary power source for

his use during construction and arrange for modification of the permanent power supply by the power company as required. The permanent power supply service will remain as the OWNER'S account throughout the project.


3. Temporary Water: The CONTRACTOR shall make all necessary application and arrangements, and pay all fees and charges for water necessary for the proper completion of the project up to the time of final acceptance. The CONTRACTOR shall provide and pay for any temporary piping and connections.

4. Temporary Sanitary Facilities: The CONTRACTOR shall provide adequate sanitary facilities for the use of those employed on the work. Such facilities shall be made available when the first employees arrive on the site of the work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the work in suitable numbers and at such points and in such manner as may be required or approved.

The CONTRACTOR shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. He shall rigorously prohibit the committing of nuisances on the site of the work, on the lands of the OWNER, or on adjacent property.

5. Termination and Removal: At the time the need for temporary utility service or a substantial

portion thereof has ended, or when its service has been replaced by use of permanent services, or not later than the time of substantial completion, promptly remove the installation unless requested by the ENGINEER to retain it for a longer period. Complete and restore work which may have been delayed or affected by the installation and use of the temporary utility, including repairs to construction and grades and restoration and cleaning of exposed surfaces. Replace work damaged beyond acceptable restoration.

1.03 TEMPORARY CONTROLS A. Noise Control: The CONTRACTOR shall provide adequate protection against objectionable noise

levels caused by the operation of construction equipment. B. Dust Control: The CONTRACTOR shall provide for adequate protection against raising

objectionable dust clouds caused by moving construction equipment, high winds or any other cause.

C. Water Control: The CONTRACTOR shall provide for satisfactory disposal of surplus water and

shall submit a plan to the ENGINEER for his review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. CONTRACTOR shall be responsible for obtaining and complying with the requirements of any dewatering or consumptive use permits required by regulatory authorities.

D. Pollution Control: The CONTRACTOR shall provide for adequate protection against polluting any

public or private lands, lakes, ponds, rivers, streams, creeks, and other such areas, by the disposal of surplus material in the form of solids, liquids, or gases or from any other cause.

1. The CONTRACTOR shall evaluate and assess the impact of any adverse effects on the natural

environment which may result from construction operations and shall operate to minimize pollution of air, ground or surface waters vegetation, and afford the neighboring community the maximum protection during and up to completion of the construction project.


2. The CONTRACTOR shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or otherwise prevent pollution of siltation of

streams, lakes and reservoirs and to avoid interference with movement of migratory fish.

3. All chemicals used during project construction or furnished for project operation, whether

herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions.

E. Erosion Control: The CONTRACTOR shall not expose, by construction operations, a larger area

of erosive land at any one time than the minimum necessary for efficient construction operations, and the duration of exposure of the uncompleted construction to the elements shall be as short as practicable.

Erosion control features shall be constructed concurrently with other work and at the earliest

practicable time. Refer to Section 01568, Erosion and Sedimentation Control. F. Paint Splatter Control: The CONTRACTOR shall take precautions necessary to prevent paint

splatter and wind-blown splatter from falling on adjacent buildings, vehicles and vehicular traffic and shall be solely responsible for any damage resulting from the work.

G. Sandblasting, Dust & Debris Control: The CONTRACTOR shall provide for adequate protection

of the work area to prevent nuisance and damage to adjacent properties and vehicular traffic from cleaning and sandblasting debris and shall be solely responsible for any damage therefrom.

1.04 STORAGE FACILITIES A. All products, materials and equipment shall be stored in accordance with the manufacturer's

instructions, with seals and labels intact and legible. Products subject to damage by the elements shall be stored in weathertight enclosures. Temperature and humidity shall be maintained within the ranges required by the manufacturer's instructions. Fabricated products shall be stored above the ground on blocking or skids. Products which are subject to deterioration shall be covered with impervious coatings with adequate ventilation to avoid condensation. Loose granular materials shall be stored in a well-drained area on solid surfaces to prevent mixing with foreign matter. Any products which will come in contact with potable water shall be stored off the ground so as to prevent contamination.

B. Storage shall be arranged in such a manner to provide easy access for inspection. Periodic

inspections shall be made of all stored products to assure that they are maintained under specified conditions, and free from damage or deterioration.

C. After installation, CONTRACTOR shall provide substantial coverings as necessary to installed

products to protect from damage from traffic and subsequent construction operations. Coverings shall be removed when no longer needed.

1.05 PRESERVATION OF PROPERTY A. Preserve from damage all property along the line of the work, or which is in the vicinity of or in

any wise affected by the work, the removal or destruction of which is not called for by the plans.


Wherever such property is damaged due to the activities of the CONTRACTOR, it shall be immediately restored to its original condition by the CONTRACTOR at no cost to the OWNER.

1. In case of failure on the part of the CONTRACTOR to restore such property, or make good

such damage or injury, the OWNER may, after 48 hours notice to the CONTRACTOR, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any monies due or which may become due the CONTRACTOR under this Contract.

2. The CONTRACTOR shall be responsible for the protection of property, in the areas in the vicinity of the project; and for the protection of his equipment, supplies, materials and work, against any damage resulting from the elements, such as flooding, by rainstorm, wind damage, or other elemental cause resulting from the project configuration. The CONTRACTOR shall take all precautions against any such damage occurrence, and shall be responsible for damage resulting from same. The CONTRACTOR shall provide adequate drainage facilities, tie-downs, or other protection, throughout the Contract period, for the protection of his, the OWNER'S, and other properties from such damage.

1.06 TRAFFIC REGULATION A. Signs, marking barricades and procedures shall conform to the requirements of the Florida

Department of Transportation Manual on Traffic Controls and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations.

B. The CONTRACTOR shall provide and maintain adequate barricades, construction signs, torches,

flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be complied with.

C. The CONTRACTOR shall provide suitable crossings at street intersections and driveways, and

supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. "Street Closed to Through Traffic" signs and "Detour" routes shall be indicated and maintained by the CONTRACTOR when the job is located in a public or private street or way.

D. The CONTRACTOR shall carry on the work in a manner that will cause the least interruption in

traffic. Closing to through travel of more than two consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the local street department. Where traffic must cross open trenches, the CONTRACTOR shall provide suitable bridges at street intersections and driveways and provide adequate ingress and egress to dwellings, business facilities, utilities and services. At any time that streets are required to be closed, 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. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times.

E. On completion of work, the CONTRACTOR shall remove all debris, excess materials, barricades

and temporary work leaving walkways and road clear of obstructions. F. Detour routes for the diverting of traffic from the Work Area are limited in the Project Area. The

Project Area may be marked "ROAD CLOSED AHEAD - LOCAL TRAFFIC ONLY" to discourage through traffic from using the route. Short areas where work is underway may be closed to traffic, provided detour routes are marked to guide the public around the work area.


Where detour routes are not available, flagmen shall be provided to direct one-way traffic through the construction area.

G. Refer to Section 01570: Traffic Regulation, for additional information. 1.07 PROJECT IDENTIFICATION AND SIGNS A. If required, the OWNER shall erect a sign at the project site identifying the project and identifying

the participants in the development of the project.

PART 2 – MATERIALS AND EQUIPMENT (Not Applicable) PART 3 – EXECUTION (Not Applicable)

END OF SECTION

Erosion & Sedimentation Control 01568-1

SECTION 01568 EROSION & SEDIMENTATION CONTROL

PART 1 - GENERAL 1.01 DESCRIPTION A. In addition to the requirements of Division 1 and any other Divisions of this document that may apply:

1. All erosion, sedimentation and water pollution control features shall be in place or relocated

as necessary prior to the start of any clearing, grading or construction. Contractor shall be responsible for the installation and maintenance of all temporary erosion control features.

2. Location of the control features shall be as required to facilitate drainage and control erosion

and sedimentation within and adjacent to the site. 3. Control features are defined as, but not limited to, swales, berms, silt fences, silt barriers and

temporary fences. 1.02 QUALITY ASSURANCE

A. The provisions for prevention, control and abatement of erosion, sedimentation and water pollution

shall be as stated in the FDOT Standard Specifications for Road and Bridge Construction, Section 104, latest edition, and as required by the St. John’s River Water Management District.

1.03 SUBMITTALS

A. Procedures shall be in accordance with General Terms and Conditions. B. Product data: Manufacturers' literature, application instructions and samples. C. List of materials and their characteristics for other erosion control items.

1.04 START OF WORK

A. Do not start work until erosion control measures are in place.


PART 2 - PRODUCTS 2.01 MATERIALS

A. Silt Barriers

1. Two (2) types of silt barriers shall be installed in accordance with the plans: silt barriers

installed on the ground, and floating silt barriers. 2. Silt barriers (filter fabric) shall be synthetic and contain ultraviolet ray inhibitors and

stabilizers to provide a minimum of six (6) months of expected usable construction life at a temperature range of zero degree Fahrenheit (0o F) to one hundred twenty degrees Fahrenheit (120o F). Hay bales shall not be used for silt barriers, unless specifically approved by the City.

3. Filter fabric shall be a pervious sheet of propylene, nylon or polyester and shall be certified

by the manufacturer or supplier to conform to the following specifications:

Filter efficiency (Test VTM-51): 75% Minimum tensile strength at 20% elongation (Test ASTM-D-1682):

120 lbs.

Tear strength (Test ASTM D2263): 50 lbs.

4. Contractor shall submit further filter fabric specifications and installation configuration prior

to start of construction. 5. Silt barriers shall be maintained in place until substantial completion of the Project. 6. Filter fabric shall be purchased in a continuous roll cut to the length of the barrier to avoid

use of joints. When joints are necessary filter fabric shall be spliced together only at a support post, with a six-inch (6“) overlap, and securely sealed.

7. The following items shall be installed and maintained in accordance with the applicable

sections of the FDOT Standard Specifications:

a. Temporary silt fences and staked silt barriers b. Floating silt barrier

B. Temporary Fence

1. Brightly colored fence as manufactured by Mirafi, product Mirasafe, or approved equal. 2. Material shall be four feet (4') high, attached to six feet (6') metal posts at twelve feet (12')

centers. Posts shall be driven eighteen inches (18") into ground.

C. Filter Fabric for Placement Beneath Rip-Rap

1. Filter Fabric should be Mirafi 600X or approved equal.


D. Rip-Rap 1. Rubble type rip-rap consisting of broken stone meeting the requirements of Section 530-2.3

of the FDOT Standard Specifications for Road and Bridge Construction, Latest Edition.

PART 3 - EXECUTION 3.01 GENERAL

A. Temporary erosion control features shall consist of, but not be limited to, temporary grassing, temporary sodding, temporary mulching, sandbagging, slope drains, sediment basins, artificial coverings, berms, baled hay or straw, floating silt barriers, staked silt barriers, and staked silt fences. Design details for some of these items shall be found in the Water Quality Section of the applicable edition of the FDOT Roadway and Traffic Design Standards. All of these items shall be constructed in accordance with applicable sections of the FDOT Design Standards.

B. Incorporate permanent erosion control features into the project at the earliest practical time. Correct

conditions, using temporary measures, which develop during construction to control erosion prior to the time it is practical to construct permanent control features.

C. Construct temporary and permanent erosion and sediment control measures and maintain them to

prevent the pollution of adjacent water ways in conformance with the laws, rules and regulations of Federal, State and local agencies.

D. Copies of approved permits shall be provided to the Contractor for his review and use. Contractor

shall be required to comply with all General and Special Conditions noted within the permit by the particular permitting agency. The Contractor shall maintain copies of these permits on the job site at all times.

3.02 INSTALLATION

A. The following items shall be installed and in accordance with the FDOT Standard Specifications. The procedures are only generally described herein.

1. Temporary Grassing: This work shall consist of furnishing and placing grass seed. 2. Temporary Sod: This work shall consist of furnishing and placing sod. 3. Temporary Mulching: This work shall consist of furnishing and applying a two-inch to

four-inch thick blanket of straw or hay mulch and then mixing or forcing the mulch into the top two inches of the soil in order to temporarily control erosion. Only decayed straw or hay, which can readily be cut into the soil, shall be used. Other measures for temporary erosion control such as hydro-mulching, chemical adhesive soils stabilizers, etc., shall be substituted for mulching with straw or hay with the approval of the City. When permanent grassing operations begin, temporary mulch materials shall be plowed under in conjunction with preparation of the ground.

4. Sandbagging: This work shall consist of furnishing and placing sandbags in configurations,

so as to control erosion and siltation.


5. Slope Drains: This work shall consist of constructing slope drains, utilizing pipe, fiber mats, rubble, cement concrete, asphaltic concrete, plastic sheeting, or other acceptable materials, in accordance with the details shown in FDOT's Design Standards or as suitable to adequately perform the intended function.

6. Sediment Basins: Sediment basins shall be constructed in accordance with the details shown

in FDOT's Design Standards or as suitable to adequately perform the intended function. Sediment basins shall be cleaned out as necessary.

7. Artificial Coverings: This work shall consist of furnishing and applying fiber mats, netting, plastic sheeting, or other approved covering to the earth surfaces.

8. Berms: This work shall consist of construction of temporary earth berms to divert the flow of water from an erodible surface.

a. This work shall consist of construction of baled hay or straw dams or earth berms to

protect against downstream accumulations of silt. The baled hay or straw dams shall be constructed in accordance with the details shown in FDOT's Design Standards.

b. The berm dam shall be placed so as to effectively control silt dispersion under

conditions present on this project. Alternate solutions and usage of materials shall be used if approved.

9. Filter Fabric for placement beneath rip-rap: a. Unroll filter fabric adequately longitudinally with the swale.

b. Install anchoring pins in the fabric to protect the material from wind uplift.

c. Toe filter fabric into soil a minimum of twelve inches (12") at the top and bottom of

the slope. 10. Rubble Rip-Rap:

a. Rip-rap should be placed carefully to not damage or displace the filter fabric. Filter

fabric which rips or becomes displaced during rip-rap placement should be repaired. The placement of the rip-rap should proceed from the bottom up to the top of the slope. At no time should the rip-rap be dumped onto the fabric from the tip of the slope and allowed to roll down the surface of the fabric.

b. Placement of rip-rap shall be in accordance with Section 530-3.3 of the FDOT Standard Specifications for Road and Bridge Construction Latest edition.

c. Minimum thickness of rip-rap layer is two feet (2’).

3.03 SILT BARRIERS

A. Silt barriers shall be installed and maintained at the locations shown on the Drawings. The

Contractor is required to prevent the possibility of silting onto any adjacent parcel.


B. Silt barrier shall be of the staked type and stakes shall be installed as indicated in the Drawings. C. The height of the silt barrier fabric shall be a minimum of forty-two inches (42”). D. The stakes shall be two inch (2”) x four inch (4”) wood, five feet (5’) long and shall be spaced a

maximum of ten feet (10) apart at the barrier location and driven securely into the ground. E. A trench shall be excavated approximately four inches (4”) wide by four (4”) deep along the line of

stakes. The filter fabric shall be tied or stapled to the wooden stakes and eight inches (8”) of fabric shall be extended into the trench. The staples shall be heavy duty wire and at least one-half inch (1/2”) long. The trench shall then be backfilled and the soil compacted over the filter fabric.

3.04 FLOATING SILT BARRIERS

A. Floating silt barriers shall be located as shown on the Drawing and shall be in place prior to the start

of any construction or grading. B. Floating silt barriers shall meet or exceed the Florida Department of Transportation Design

Standards, Index No. 102, Floating Silt Barrier. Contractor shall submit fabric filter material specifications and installation configuration for approval prior to the start of construction.

3.05 TEMPORARY FENCE

A. Furnish, install and maintain on wetland lines, buffer lines, tree save lines and otherwise as shown on Drawings. Attach silt barrier to the temporary fence.

B. Follow manufacturer's installation recommendations.

3.06 MAINTENANCE

A. Silt barriers and temporary fences shall be inspected immediately after each rainfall and at least once

a day during periods of prolonged rainfall. Any repairs shall be made immediately.

B. Should the fabric on a silt barrier or temporary fence decompose or become ineffective, the installation shall be repaired or replaced immediately at no additional cost to the City. If the Contractor fails to repair or replace the items as above, the City shall have the right to stop work without additional cost to the City in accordance with Article 8 of Section 00700 General Terms and Conditions until such time as the repair or replacement has been made.

C. Sediment deposits shall be removed after each storm event. The Contractor shall repair and restore

the installations to a working and effective condition to the satisfaction of the City.

D. At the completion of all work, the silt barriers and the temporary fences shall be removed unless otherwise directed by the City.

E. Any sediment deposits in place after the silt fence or filter barrier is no longer required shall be

dressed to conform to the existing grade and prepared for seeding or sodding. 3.07 CONTROL OF CONTRACTOR's OPERATIONS WHICH SHALL RESULT IN WATER POLLUTION


A. Take sufficient precautions to prevent pollution of streams, canals, lakes, reservoirs, wetlands and other sensitive areas with silt, sediment, fuels, oils, bitumens, calcium chloride, or other harmful materials. Conduct and schedule operations so as to avoid or otherwise minimize pollution or siltation of such streams, etc. and to avoid interference with movement of migratory fish. Do not pump the residue from dust collectors or washers into any water body.

B. Construction operations in rivers, streams, lakes, tidal waters, reservoirs, canals, and other

impoundments shall be restricted to those areas where it is necessary to perform filling or excavation to accomplish the work shown in the contract Documents and to those areas which must be entered to construct temporary or permanent structures. As soon as conditions permit, promptly clear rivers, streams, and impoundments of all obstructions placed therein or caused by construction operations.

C. Except as necessary for construction, do not deposit excavated material in rivers, streams, canals, or

impoundments, or in a position close enough thereto, to be washed away by high water or run-off.

D. Where pumps are used to remove highly turbid waters from enclosed construction areas such as cofferdams or forms, treat the water prior to discharge into State or other waters. Pump the water into grassed swales, appropriately vegetated areas, or sediment basins, or confine it by an appropriate enclosure such as siltation curtains when other methods are not considered appropriate. Do not contaminate State or other waters.

E. Do not disturb lands or waters outside the limits of construction, unless approved in advance and in

writing by the City. No operations within non-permitted wetlands or upland buffers are allowed.

3.08 PROTECTION DURING SUSPENSION OF CONTRACT TIME

A. In the event that it is necessary that the construction operations be suspended for any appreciable length of time, shape the top of the earthwork in such a manner as to permit run-off of rainwater and construct earth berms along the top edges of embankments to intercept run-off water. Provide temporary slope drains to carry run-off from cuts and embankments which are located in the vicinity of rivers, streams, canals, lakes and impoundments. Should such preventative measures fail, immediately take such other action as necessary to effectively prevent erosion and siltation.

END OF SECTION

Traffic Regulation 01570-1

SECTION 01570 TRAFFIC REGULATION

PART 1 - GENERAL 1.01 DESCRIPTION A. This Section covers procedures for developing and implementing traffic control and regulation

measures and maintenance of traffic in and around the construction area to provide for safe and efficient protection and movement of vehicular and pedestrian traffic/through and adjacent to the construction site areas.

1.02 REFERENCE STANDARDS

A. General

1. Codes, specifications, and standards referred to by number or title shall form a part of this

Specification to the extent required by the reference thereto. Latest revisions shall apply, unless otherwise shown or specified.

B. Florida Department of Transportation (FDOT) Standards

1. USDOT Manual on Uniform Traffic Control Devices 2. FDOT Manual of Traffic Control and Safe Practices for Street and Highway Construction,

Maintenance and Utility Operations.

3. FDOT Standard Specifications for Road and Bridge Construction.

4. FDOT Design Standards, latest Edition. 1.03 SUBMITTALS

A. Before closing or restricting traffic flow through any thoroughfare, the Contractor shall give written notice to and, if necessary, obtain a permit or permits from the duly constituted public authority having jurisdiction over the thoroughfare. Contractor shall also notify the applicable law enforcement, fire, and emergency services having jurisdiction in the area. Notice shall be given no less than seventy-two (72) hours in advance of the time when it shall be necessary in the process of construction to close or restrict traffic to such thoroughfare, or as shall be otherwise required by the governing authority.

Traffic Regulation 01570-2

1.04 SITE CONDITIONS

A. The Contractor shall plan construction operations such that existing local traffic access can be maintained and shall maintain during the construction such barricades, lights, flagmen, and other

protective devices as appropriate, whether specified for the project or required by the local governing authority. Traffic control devices and implementation used for maintenance of traffic shall comply with the FDOT Manuals.

B. The Contractor shall conduct his work in such manner as not to unduly or unnecessarily restrict or

impede normal traffic through the streets of the community. Insofar as it is practicable, excavated material and spoil banks shall not be located in such manner as to obstruct traffic. The traveled way of all streets, roads, and alleys shall be kept clear and unobstructed insofar as is possible and shall not be used for the storage of construction materials, equipment, supplies, or excavated earth, except when and where necessary. If required by duly constituted public authority, the Contractor shall, at his own expense, construct bridges or other temporary crossing structures over trenches so as not to unduly restrict traffic. Such structures shall be of adequate strength and proper construction and shall be maintained by the Contractor in such manner as not to constitute an undue traffic hazard. Private driveways shall not be closed except when and where necessary, and then only upon due advance notice to the City, property owner and applicable jurisdictional authority, and shall be for the shortest practicable period of time consistent with efficient and expeditious construction. The Contractor shall be liable for any damages to persons or property resulting from his work.

C. The Contractor shall make provisions at cross streets for the free passage of vehicles and foot

passengers, either by bridging or otherwise, and shall not obstruct the sidewalks, gutters, or streets, nor prevent in any manner the flow of water in the latter, but shall use all proper and necessary means to permit the free passage of surface water along the gutters. The Contractor shall immediately cart away all offensive matter, exercising such precaution as shall be directed by the City or applicable jurisdictional authority. All material excavated shall be so disposed of as to inconvenience the public and adjacent tenants as little as possible and to prevent injury to trees, sidewalks, fences, and adjacent property of all kinds. The Contractor shall be required to erect suitable barriers to prevent such inconvenience or injury.

D. Unless otherwise required by the governing authority, maintenance of traffic in and around the

construction zone shall conform to Section 102 of the FDOT Specification, and 600 Series Design Standards drawings of the FDOT Standards, as applicable.


END OF SECTION

Material & Equipment 01600-1

SECTION 01600 MATERIAL AND EQUIPMENT

PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Material and equipment incorporated into the Work: 1. Conform to applicable specifications and standards. 2. Comply with size, make, type and quality specified, or as specifically approved in writing

by the City. 3. Manufactured and fabricated products: a. Design, fabricate and assemble in accord with the best engineering and shop

practices. b. Manufacture like parts of duplicate units to standard sizes and gauges, to be

interchangeable. c. Two (2) or more items of the same kind shall be identical, by the same

manufacturer. d. Products shall be suitable for service and conditions. e. Equipment capacities, sizes and dimensions shown or specified shall be adhered to

unless variations are specifically approved in writing. 4. Do not use material or equipment for any purpose other than that for which it is designed or

is specified. B. Related Requirements Described Elsewhere: 1. Conditions of the Contract. 2. Summary of Work: Section 01010 3. Special Project Procedures: Section 01100 4. Operating and Maintenance Data: Section 01730


1.02 APPROVAL OF MATERIALS A. Only new materials and equipment shall be incorporated in the work. All materials and equipment

furnished by the Contractor shall be subject to the inspection and approval of the City. No material shall be delivered to the work without prior approval of the City.

B. Within thirty (30) days after the Effective Date of the Agreement, the Contractor shall submit to the

City, data relating to materials and equipment he proposes to furnish for the work. Such data shall be in sufficient detail to enable the City to identify the particular product to form an opinion as to conformity to the specifications. If Asbestos is contained in any item, the Contractor shall include a notification of this fact. This notification must include the type and percent of asbestos content. All data shall comply with Paragraph 1.06 of this Section.

C. Facilities and labor for handling and inspection of all materials and equipment shall be furnished by

the Contractor. If the City requires, either prior to beginning or during the progress of the work, the Contractor shall submit samples of materials for such special tests as may be necessary to demonstrate that they conform to the specifications. Such samples shall be furnished, stored, packed and shipped as directed at the Contractor's expense. Except as otherwise noted, the Contractor may make arrangements for and pay for the tests.

D. The Contractor shall submit data and samples sufficiently early to permit consideration and

approval before materials are necessary for incorporation in the work. Any delay of approval resulting from the Contractor's failure to submit samples or data promptly shall not be used as a basis of claim against the City.

E. In order to demonstrate the proficiency of workmen or to facilitate the choice among several

textures, types, finishes and surfaces, the Contractor shall provide such samples of workmanship or finish as may be required.

F. The materials and equipment used on the work shall correspond to the approved samples or other

data. 1.03 MANUFACTURER'S INSTRUCTION FOR INSTALLATION A. When Contract Documents require the installation of work shall comply with manufacturer's

printed instruction, obtain and distribute copies of such instruction to parties involved in the installation, including five copies to the City.

B. Handle, install, connect, clean, condition and adjust products in strict accord with such instruction

and in conformity with specified requirements. 1. Should job conditions or specified requirements conflict with manufacturer's instruction,

consult with City for further instructions. 2. Do not proceed with work without clear instructions.

C. Perform work in accordance with manufacturer's instructions. Do not omit any preparatory step or installation procedure unless specifically modified or exempted by Contract Documents.


1.04 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules, coordinate to avoid

conflict with work and conditions at the site. 1. Deliver products in undamaged condition, in manufacturer's original containers or

packaging, with identifying labels intact and legible. 2. Immediately on delivery, inspect shipments to assure compliance with requirements of

Contract Documents and approved submittals, and that products are properly protected and undamaged.

B. Provide equipment and personnel to handle products by methods to prevent soiling or damage to

products or packaging. 1.05 SPECIAL TOOLS A. Manufacturers of equipment and machinery shall furnish any special tools (including grease guns

or other lubricating devices) required for normal adjustment, operations and maintenance, together with instructions for their use. The Contractor shall preserve and deliver to the City these tools and instruction in good order no later than upon completion of the Contract.

1.06 STORAGE AND HANDLING OF EQUIPMENT ON SITE A. Because of the long period allowed for construction, special attention shall be given to the storage

and handling of equipment on site. As a minimum, the procedure outlined below shall be followed: 1. Equipment shall not be shipped until approved by the City. The intent of this requirement is

to reduce on-site storage time prior to installation and/or operation. Under no circumstances shall equipment be delivered to the site more than one month prior to installation without written authorization from the City. Equipment shipped to the site shall be stored in accordance with Paragraph 1.05, herein. Operation and maintenance data as described in Paragraph 1.08 of Section 01730 shall be submitted to the City for review prior to shipment of equipment.

2. All equipment having moving parts such as gears, electric motors, etc. and/or instruments

shall be stored in a temperature and humidity controlled building approved by the City, until such time as the equipment is to be installed.

3. All equipment shall be stored fully lubricated with oil, grease, etc. unless otherwise

instructed by the manufacturer. 4. Manufacturer's storage instructions shall be carefully studied by the Contractor and

reviewed with the City. These instructions shall be carefully followed and a written record of this kept by the Contractor.

5. Moving parts shall be rotated a minimum of once weekly to insure proper lubrication and to

avoid metal-to-metal "welding". Upon installation of the equipment, the Contractor shall start the equipment, does not deteriorate from lack of use.


6. Lubricants shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance. Mechanical equipment to be used in the work, if stored for longer than ninety (90) days, shall have the bearings cleaned, flushed and lubricated prior to testing and startup, at no extra cost to the City.

7. Prior to acceptance of the equipment, the Contractor shall have the manufacturer inspect the

equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certification by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer may guarantee the equipment equally in both instances. If such a certification is not given, the equipment shall be judged to be defective. It shall be removed and replaced at the Contractor's expense.

1.07 WARRANTY A. For all major pieces of equipment, submit a warranty from the equipment manufacturer as specified

in Section 01740. The manufacturer's warranty period shall be concurrent with the Contractor's for two (2) years after the time of completion and acceptance.

1.08 SPARE PARTS A. Spare parts for certain equipment provided have been specified in the pertinent sections of the

Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the City. In addition, the Contractor shall furnish to the City an inventory listing all spare parts, the equipment they are associated with, the name and address of the supplier, and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the delivered cost.

1.09 GREASE OIL AND FUEL A. All grease, oil and fuel required for testing of equipment shall be furnished with the respective

equipment. The City shall be furnished with a year's supply of required lubricants including grease and oil of the type recommended by the manufacturer with each item of equipment supplied.

B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of

each mechanical equipment after initial breaking in of the equipment, which in no event shall be any longer than three (3) weeks of operation.


END OF SECTION

Product Selection and Substitution Procedures 01640-1

SECTION 01640 PRODUCT SELECTION AND SUBSTITUTION PROCEDURES

PART 1 – GENERAL 1.01 DESCRIPTION A. This Section covers procedures for product selection and substitution procedures. 1.02 PRODUCT SELECTION

A. Provide products that comply with the Contract Documents, that are undamaged, and unless otherwise indicated, new at the time of installation.

B. To the fullest extent possible, provide products of the same kind from a single source. C. Compatibility among product options is required. Where more than one choice is available as

options during product selection, select an option that is compatible with other products and materials already selected.

D. Provide products complete with accessories, trim, finish, safety guards, and other devices and

details needed for a complete installation and the intended use and effect. E. Where available, provide standard products of types that have been produced and used successfully

in similar situations on other projects. F. Where Contract Documents are at variance with specific manufacturer’s details and installation

procedures, contact the ENGINEER for resolution prior to start of work. G. For products specified by naming a number of products and manufacturers with “or equal”, select

any of the products and manufacturers listed, or propose a substitution. If the CONTRACTOR wishes to propose a substitution, the CONTRACTOR must submit a request for product substitution for approval by the ENGINEER and CITY.

H. For products specified naming only one product and manufacturer, or a number of products and

manufacturers without the “or equal” allowance, no substitutes are allowed. I. For products specified by reference standards only, the CONTRACTOR may provide any product

complying with the specified standard. J. For products specified by performance and descriptive methods, without naming manufacturer’s

products, the CONTRACTOR may provide the products of any manufacturer complying with the Contract Documents, subject to the review of the product data and concurrence by the ENGINEER as specified within.

Product Selection and Substitution Procedures 01640-2

1.03 SUBSTITUTIONS

A. The intent of these Specifications is to provide the CITY with a quality facility without discouraging competitive bidding. Substitutions may be submitted and will be evaluated as specified herein.

B. If the CONTRACTOR wishes to provide a product other than one named in the Specifications, he

shall submit sufficient information to the ENGINEER for evaluation and determination of acceptability of the product prior to Bid Opening.

C. The CONTRACTOR is responsible for obtaining information required by the ENGINEER for the

evaluation of products. The ENGINEER is responsible for determining the quality of products; and his decision shall be final, except as otherwise provided by law and funding agency regulations.

D. Substitution requests can be made after Bid Opening when:

1. A specified product is no longer available. 2. The product cannot be delivered by the manufacturer in a timely manner. 3. The product is found to be incompatible with other specified products. 4. Proposed substitutions will yield a cost savings to the CITY.

E. Work not conforming to Contract Documents, including substitutions not properly approved and

authorized, may be considered defective. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED)

END OF SECTION

Start Up 01650-1

SECTION 01650 START-UP

PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: The work is segmented into several phases of construction in a logical order to

maintain uninterrupted service to the City’s customers. Portions of the Work shall be utilized prior to Substantial Completion of all the Work and prior to Initiation of Operation.

B. Related Work Described Elsewhere: 1. Instructions to Bidder: Section 00100. 2. General Terms and Conditions: Section 00800. PART 2 - PRODUCTS 2.01 START-UP PLAN A. Submit for approval to the City a detailed Start-Up Plan outlining the schedule and sequence of all

tests and start-up activities, including training and equipment manufacturer representative visits. Start-up and commissioning shall not begin until the plan is approved. Plan to be submitted with initial construction schedule.

PART 3 - EXECUTION 3.01 COMPONENT TEST AND CHECK-OUT A. Start-up Certification: Prior to system start-up, successfully complete all the testing required of the

individual components of the work. Submit five (5) copies of CHECK-OUT FORM (Section 00865) signed by Contractor or subcontractor and the manufacturer's representative. All copies of the Operation and Maintenance Manuals must be provided before start-up shall begin. These forms shall be completed and submitted before Instruction in Operation to the City or a request for final inspection.

B. Demonstrate to the City that all temporary jumpers and/or bypass have been removed and that all

of the components are operating under their own controls as designated. C. Coordinate start up activities with the City’s operating personnel at the site and with the City’s

Engineer prior to commencing system start-up.

Start Up 01650-2

3.02 START UP A. Confirm that all equipment is properly energized, that the valves are set to their normal operating

condition and that the flow path through the new work is unobstructed. B. Slowly fill each structure in the process flow stream with liquid. C. Initiate start-up in accordance with the plant operation and maintenance manual. D. Observe the component operation and make adjustments as necessary to optimize the performance

of the Work. E. Coordinate with the City for any adjustments desired or operational problems requiring debugging. F. Make adjustments as necessary. 3.03 START-UP DEMONSTRATION AND TESTING A. After all Work components have been constructed, field tested and started-up in accordance with

the individual specifications and manufacturer requirements, perform the Start-Up Demonstration and Testing in the presence of the City. The demonstration shall be held upon completion of all systems at a date to be agreed upon in writing by the City.

B. The start-up testing shall be conducted for seven (7) consecutive days. The work must operate

successfully during the seven (7) day testing period in the manner intended. If the work does not operate successfully, or if the start-up is interrupted due to other contracts, the problems shall be corrected and the test shall start over from day one. The party causing the interruption shall be subject to the assessment of actual damages due to delay.

C. During the start-up demonstration period, operate the work, instruct designated plant operating

personnel in the function and operation of the work, and cause various operational circumstances to occur. As a minimum, these circumstances shall include average and peak daily flows, random equipment failures, tank overflows, surcharges and bypasses. Demonstrate the essential features of the equipment and its relationship to other equipment. Prior to the Substantial Completion, the Contractor shall submit a detailed schedule of operational circumstances. Coordination of the various contract schedules shall be accomplished through the City.

D. Acceptability of the Work's performance shall be based on the Work performing as specified, under

these actual and simulated operating conditions and producing a product as defined in the Contract Documents. The intent of the start-up demonstration and testing is for the Contractor to demonstrate to the City that the work shall function as a complete and operable system under normal as well as emergency operating conditions and is ready for acceptance.

E. Demonstrate the essential features of all mechanical systems as they apply to the work. Each

system shall be demonstrated once only, after completion of testing. F. Demonstrate the essential features of all electrical systems as they apply to the work.

Start Up 01650-3

G. Certificate of Completed Demonstration (Section 00866): Submit five (5) copies of Certificate of Completed Demonstration, memo signed by the Contractor, Subcontractor and the City and insert one (1) copy in each Operation and Maintenance Manual.

END OF SECTION

Contract Closeout 01700-1

SECTION 01700 CONTRACT CLOSEOUT

PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Comply with requirement stated in Conditions of the Contract and in

specifications for administrative procedures in closing out the Work. B. Related Requirements Described Elsewhere: 1. Conditions of the Contract, Fiscal provisions, legal submittals and additional administrative

requirements. 2. Project Record Documents: Section 01720. 3. Operation and Maintenance Data: Section 01730 4. Warranties and Bonds: Section 01740. 5. The respective section of specifications: Closeout Submittals Required of Trades. 1.02 SUBSTANTIAL COMPLETION A. When Contractor considers the Work as substantially complete, the Contractor shall submit to the

City: 1. A written notice that the Work, or designated portion thereof, is substantially complete. 2. A list of items to be competed or corrected. B. Within a reasonable time after receipt of such notice, the City shall make an inspection to

determine the status of completion. C. Should the City determine that the Work is not substantially complete: 1. The City shall promptly notify the Contractor in writing, giving the reasons thereof. 2. Contractor shall remedy the deficiencies in the Work and send a second written notice of

substantial completion to the City. 3. The City shall re-inspect the Work.


D. When the City finds that the Work is substantially complete, the Contractor shall: 1. Prepare and deliver to City a tentative Certificate of Substantial Completion on form

provided herein, with a tentative list of items to be completed or corrected before final payment.

1.03 FINAL INSPECTION A. When Contractor considers the Work is complete, it shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Equipment and systems have been tested in the presence of the City and are operational. 5. Work is completed and ready for final inspection. B. The City shall make an inspection to verify the status of completion with reasonable promptness

after receipt of such certification. C. Should the City consider that the Work is incomplete or defective: 1. The City shall promptly notify the Contractor in writing, listing the incomplete or defective

work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second

written certification to the City that the Work is complete. 3. The City shall re-inspect the Work. 1.04 REINSPECTION FEES A. Should the City perform re-inspections due to failure of the Work to comply with the claims of

status of completion made by the Contractor: 1. The City shall compensate the Engineer / Architect / Consultants, etc., for such additional

services.

2. The City shall deduct the amount of such compensation from the final payment to the Contractor.

1.05 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. Evidence of compliance with requirements of governing authorities. Certificates of Completed

Demonstration: Section 01650. (If Applicable)


B. Project Record Documents: To requirements of Section 01720. C. Operation and Maintenance Data, Instructions to City’s Personnel: To requirements of Section

01730. (If Applicable) D. Warranties and Bonds: To requirements of Section 01740. E. Keys and Keying Schedule. (If Applicable) F. Spare Parts and Maintenance Materials: To requirement of Section 01730. (If Applicable) G. Evidence of Payment and Release of Liens: To requirements of the General Terms and Conditions

and Supplementary Conditions. H. Certificate of Insurance for Products and Completed Operations. 1.06 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to the City. B. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum. 2. Additions and deductions resulting from: a. Previous change orders or written amendment b. Allowances c. Unit prices d. Deductions for uncorrected work e. Penalties and bonuses f. Deductions for liquidated damages g. Deductions for re-inspection payments h. Other adjustments 3. Total Contract Sum, as adjusted. 4. Previous payments.

5. Sum remaining due.

C. The City shall prepare a Final Change Order, reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders.

1.07 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and

requirements stated in the Conditions of the Contract.



END OF SECTION

Project Record Documents 01720-1

SECTION 01720 PROJECT RECORD DOCUMENTS

PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: Maintain at the site for the City one (1) record copy at a minimum: 1. Drawings 2. Specifications 3. Addenda 4. Change Orders and other modifications of the Contract 5. Field Orders or written instructions 6. Approved Shop Drawings, Working Drawings and Samples 7. Field Test records 8. Construction photographs 9. Change Requests 10. Contractor’s Daily Reports 11. Written Interpretations and Clarifications 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for

construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with CSI format with section numbers as provided

herein.


C. Maintain documents in a clean, dry, legible, condition and in good order. Do not use record documents for construction purposes.

D. Make documents and samples available at all times for inspection by the City. E. As a prerequisite for monthly progress payments, the Contractor is to exhibit the currently updated

"Record Documents" for review by the City. F. Contractor shall submit on a daily basis two (2) copies of the preceding day’s daily report to the

City. 1.03 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color code designated by the City. 1.04 RECORDING A. Label each document "PROJECT RECORD" in two inch (2”) high printed letters. B. Keep record documents current at the end of work each day marking any changes and inserting

change orders and directives into the documents. C. Do not permanently conceal any work until required information has been recorded. This includes

markups and any “as-built” survey as required by these specifications. D. Record Contract Drawings: Legibly mark drawings to record actual construction with the following

information verified by a registered Florida Land Surveyor. 1. Depths of various elements of foundation in relation to survey datum.

2. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements.

3. Location of internal utilities and appurtenances concealed in construction referenced to

visible and accessible features of structure.

4. Field changes of dimension and detail.

5. Changes made by Revision Order, Directive, and other modifications.

6. Details not shown on the original Contract Drawings.

7. Installation of power and control wiring with point-to-point wiring identification. E. Record Specifications and Addenda: Legibly mark-up each Section to record:

1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed.


2. Changes made by Revision Order, Directive, and other modifications.

3. Other matters not originally specified. F. Shop Drawings and Samples: Legibly annotate to record changes made after approval. 1.05 “AS-BUILT” DRAWINGS

A. The Contractor shall engage the services of a professional land surveyor registered in the State of Florida prior to any construction activities. The surveyor shall be named in the list of subcontractors.

B. The surveyor must comply with all requirements of 5J-17.052 Minimum Technical Standards:

Specific Survey, Map, and Report Requirements of the Florida Administrative Code. C. The surveyor shall use the locational requirements of the State of Florida. D. The surveyor shall provide on-site survey while construction is in progress and at such other times

as required to fulfill all professional obligations and as listed below. 1. Elevations and state plane coordinates shall be identified for the ends of all conduits or

pipelines installed or used for construction, ends of all duct bank stub-outs, and all direct buried cable splice locations.

2. Elevations and coordinates shall be identified along the center line of pipelines, direct

buried cable, buried conduit or duct bank by no less than one elevation shot per one hundred (100) linear feet and at any change of direction vertical or horizontal of underground utility length. Slopes shall be identified.

3. All elevation shots shall be referenced to “top-of–pipe” (T.O.P.), “top-of-concrete-duct-

bank” (T.O.D.B.), “bottom-of-concrete-duct-bank” (B.O.D.B.), “top-of-conduit” (T.O.C.) or “top-of-electric-cable” (T.O.E.), as appropriate for the project.

4. Manhole rings, slabs on grade, valve box rims, equipment pads, surface body water levels

and other project construction features shall be recorded by elevation and state plane coordinates as “As-Built”.

5. For directionally drilled crossings and other “trenchless technology” installations, provide

continuous plots of utility plan and profile derived from actual telemetry data used during the installation.

6. All existing structures, utilities, and features revealed during the course of construction

shall be accurately located and dimensioned. Movement of such utilities or structures required by project installation shall be recorded as “As-Built”. This requirement shall apply whether the existing structure, utility or feature was shown on the original contract drawings or not.


E. At the conclusion of the work, the Contractor shall provide the City three (3) approved, certified “As-Builts” and one (1) “As-Built” Survey Drawing file in AutoCAD format (latest release) on a compact disk(s). The AutoCAD drawing files shall comply with the following standards:

1. The diskette(s) or compact disk(s) shall be formatted for AutoCAD type DWG files or self-

extracting compressed data file to a DWG format. 2. The drawing format shall not contain any “X-REFS” (cross references) to other files. 3. The drawing format shall contain only AutoCAD Standard Font Files and Acad.mnu type

menu references only. 4. Text from different layers shall not overlap. Colors and line types shall be “BY-LAYER”.

Only AutoCAD standard fonts and line types shall be used. 5. All coordinate and elevation numbers shall be limited to three (3) decimal places. 6. Text height shall be entered such that when the drawing is plotted to scale, the actual text

height is no less than one-eighth inch (1/8”). The plotting scale for the drawings shall be the same scale as the construction drawings.

7. Drawings shall be plotted on twenty-four inch (24”) x thirty-six inch (36”) sheets. The areas

on each sheet shall match the areas shown on the construction drawings. 1.06 SUBMITTALS

A. The Contractor shall deliver the following documentation, drawing(s), data, and diskette(s) to the City no later than two (2) weeks after the declared date of Substantial Completion.

1. Two (2) sets of contract drawings marked in red to reflect the final “As-Built”

conditions. 2. Two (2) sets of signed and sealed plots of the “As-Built” drawings(s) provided by

the surveyor together with one (1) electronic copy on a CD(s) of the “As-Built” survey drawing file(s).

3. One (1) set of Specifications with Addenda marked in red to reflect the final “As-

Built” conditions.

B. Such other documents as shall be required by the regulations of the State of Florida shall be supplied in accordance with the provisions of law..


C. Accompany submittal with transmittal letter, in duplicate, containing: 1. Date, Project title and number. 2. Contractor’s name and address. 3. Title and number of each record document.

4. Certification that each document as submitted is complete and accurate, and contains signature of Contractor, or it’s authorized representative.

D. Failure to deliver any of the above items shall be considered justification for assessing additional retainage.


END OF SECTION

Operation and Maintenance Data 01730-1

SECTION 01730 OPERATION AND MAINTENANCE DATA

PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. Compile product data and related information appropriate for City's maintenance and

operation of products furnished under Contract. a. Prepare operating and maintenance data as specified in this Section and as

referenced in other pertinent sections of Specifications. 2. Instruct City's personnel in maintenance of products and in operation of equipment and

systems. B. Related Requirements Described Elsewhere: 1. General Terms and Conditions: Section 00700 2. Special Project Procedures: Section 01100 3. Contract Closeout: Section 01700 4. Project Record Documents: Section 01720 5. Warranties and Bonds: Section 01740 1.02 QUALITY ASSURANCE A. Preparation of data shall be done by personnel: 1. Trained and experienced in maintenance and operation of described products. 2. Familiar with requirements of the Section. 3. Skilled as technical writer to the extent required to communicate essential data. 4. Skilled as draftsman competent to prepare required drawings.


1.03 FORM OF SUBMITTALS A. Prepare data in form of an instructional manual for use by City's personnel. B. Format: 1. Size: Eight and one-half inches (8-1/2”) x eleven inches (11”). 2. Paper: Twenty (20) pound minimum, white, for typed pages. 3. Text: Manufacturer's printed data, or neatly typewritten. 4. Drawings: a. Provide reinforced punched binder tab, bind in with text. b. Reduce larger drawings and fold to size of text pages but not larger than fourteen

inches (14”) x seventeen inches (17”). 5. Provide fly-leaf for each separate product, or each piece of operating equipment. a. Provide typed description of products and major component parts of equipment. b. Provide identify tabs. 6. Cover: Identify each volume with typed or printed title "OPERATING AND

MAINTENANCE INSTRUCTIONS". List: a. Title of Project. b. Identity of separate structure as applicable. c. Identity of general subject matter covered in the manual. C. Binders: 1. Commercial quality three-post binders with durable and cleanable plastic covers. 2. Maximum post width: Two inches (2”). 3. When multiple binders are used, correlate the data into related consistent groups. 1.04 CONTENT OF MANUAL A. Neatly typewritten table of contents for each volume, arranged in systematic order. 1. Contractor, name of responsible principal, address and telephone number. 2. A list of each product required to be included, indexed to content of the volume.


3. List, with each product, name, address and telephone number of: a. Subcontractor or installer. b. A list of each product required to be included, indexed to content of the volume. c. Identify area of responsibility of each. d. Local source of supply for parts and replacement. 4. Identify each product by product name and other identifying symbols as set forth in

Contract Documents. B. Product Data: 1. Include only those sheets which are pertinent to the specific product. 2. Annotate each sheet to: a. Clearly identify specific product or part installed. b. Clearly identify data applicable to installation. c. Delete references to inapplicable information. C. Drawings: 1. Supplement product data with drawings as necessary to clearly illustrate: a. Relations of component parts of equipment and systems. b. Control and flow diagrams. 2. Coordinate drawings with information in Project Record Documents to assure correct

illustration of completed installation. 3. Do not use Project Record Documents as maintenance drawings. D. Written test, as required to supplement product data for the particular installation: 1. Organize in consistent format under separate headings for different procedures. 2. Provide logical sequence of instruction of each procedure. E. Copy of each warranty, bond and service contract issued. 1. Provide information sheet for City’s personnel, give: a. Proper procedures in event of failure.


b. Instances which might affect validity of warranties or bonds. 1.05 MANUAL FOR MATERIALS AND FINISHES A. Submit five copies of complete manual in final form. B. Content: for architectural products, applied materials and finishes: 1. Manufacturer's data, giving full information on products. a. Catalog number, size, composition. b. Color and texture designations. c. Information required for reordering special manufacturing products. 2. Instructions for care and maintenance. a. Manufacturer's recommendation for types of cleaning agents and methods. b. Cautions against cleaning agents and methods which are detrimental to product. c. Recommend schedule for cleaning and maintenance. C. Content, for moisture protection and weather-exposed products: 1. Manufacturer's data, giving full information on products. a. Applicable standards. b. Chemical composition. c. Details of installation. 2. Instructions for inspection, maintenance and repair. D. Additional requirements for maintenance data: Respective sections of Specifications. 1.06 MANUAL FOR EQUIPMENT AND SYSTEMS A. Submit five (5) copies of complete manual in final form. B. Content, for each unit of equipment and system, as appropriate: 1. Description of unit and component parts. a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data and tests.


c. Complete nomenclature and commercial number of replaceable parts. 2. Operating procedures: a. Start-up, break-in, routine and normal operating instructions. b. Regulation, control, stopping, shut-down and emergency instructions. c. Summer and winter operating instructions. d. Special operating instructions. 3. Maintenance procedures: a. Routine operations. b. Guide to "trouble-shooting". c. Disassembly, repair and re-assembly. d. Alignment, adjusting and checking. 4. Servicing and lubrication required. 5. Manufacturer's printed operating and maintenance instructions. 6. Description of sequence of operation by control manufacturer. 7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams required

for maintenance. a. Predicted life of parts subject to wear. b. Items recommended to be stocked as spare parts. 8. As-installed control diagrams by controls manufacturer. 9. Each contractor's coordination drawings. a. As-installed color coded piping diagrams. 10. Charts of valve tag numbers, with location and function of each valve. 11. List of original manufacturer's spare parts, manufacturer's current prices and recommended

quantities to be maintained in storage. 12. Other data as required under pertinent sections of specifications. C. Content, for each electric and electronic systems, as appropriate:


1. Description of system and component parts. a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data and tests. c. Complete nomenclature and commercial number of replaceable parts. 2. Circuit directories and panel boards. a. Electrical service b. Controls c. Communications 3. As installed color coded wiring diagrams. 4. Operating procedures: a. Routine and normal operating instructions. b. Sequences required. c. Special operating instructions. 5. Maintenance procedures: a. Routine operations. b. Guide to "trouble-shooting". c. Disassembly, repair and re-assembly. 6. Manufacturer's printed operating and maintenance instructions. 7. List of original manufacturer's spare parts, manufacturer's current prices, and recommended

quantities to be maintained in storage. 8. Other data as required under pertinent sections of specifications. D. Prepare and include additional data when the need for such data becomes apparent during

instruction of City's personnel. E. Additional requirements for operating and maintenance data: Respective sections of

Specifications.


1.07 SUBMITTAL SCHEDULE A. Submit two (2) copies of completed data in final form no later than thirty (30) days following the

City's review of the last shop drawing and/or other submittal specified within the General Conditions.

1. One (1) copy shall be returned with comments to be incorporated into final copies. B. Submit five (5) copies of approved manual in final form directly to the City, within thirty (30)

calendar days of product shipment to the project site and preferably within thirty (30) days after the reviewed copy is received.

C. Append six (6) copies of addendum to the operation and maintenance manuals as applicable and

certificates as specified within thirty (30) days after final inspection and plant start-up test. 1.08 INSTRUCTION OF OWNER'S PERSONNEL A. Prior to final inspection or acceptance, fully instruct City's designated operating and maintenance

personnel in operation, adjustment and maintenance of products, equipment and systems. B. Operating and maintenance manual with personnel in full detail to explain all aspects of operations

and maintenance. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION (NOT USED)

END OF SECTION

Warranties & Bonds 01740-1

SECTION 01740 WARRANTIES AND BONDS

PART 1 - GENERAL 1.01 DESCRIPTION A. Scope of Work: 1. Compile specified warranties and bonds, as in Articles 13 and 22 of Section 00800 General

Terms and Conditions and as specified in these Specifications. 2. Co-execute submittals when so specified. 3. Review submittals to verify compliance with Contract Documents. 4. Submit to the Engineer for review and transmittal to City. B. Related to Work Described Elsewhere: 1. General Terms and Conditions: Section 00800 2. Conditions of the Contract: Performance Bond, Payment Bond, Material and Workmanship

Bond. 3. Special Project Procedures: Section 01100 4. Contract Closeout: Section 01700 1.02 SUBMITTAL REQUIREMENTS A. Assemble warranties, bonds and service and maintenance contracts, executed by each of the

respective manufacturers, suppliers, and subcontractors. B. Number of original signed copies required: Two (2) each C. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product of work item 2. Firm, with name of principal, address and telephone number 3. Scope


4. Date of beginning of warranty, bond or service and maintenance contract 5. Duration of warranty, bond or service maintenance contract 6. Provide information for City's personnel: a. Proper procedure in case of failure. b. Instances which might affect the validity or warranty or bond. 7. Contractor, name of responsible principal, address and telephone number 1.03 FORM OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size eight and one half inches (8-1/2”) x eleven inches (11), punch sheets for standard three

(3)-post binder a. Title of Project b. Name of Contractor C. Binders: Commercial quality, three (3)-post binder, with durable and cleanable plastic covers and

maximum post width of two inches (2”). 1.04 WARRANTY SUBMITTALS REQUIREMENTS A. For all major pieces of equipment, submit a warranty from the equipment manufacturer. The

manufacturer's warranty period shall be concurrent with the Contractor's for two (2) year plus time equipment is not functional to the City unless otherwise specified, commencing at the time of final acceptance by the City.

B. The Contractor shall be responsible for obtaining certificates for equipment warranty for all major

equipment specified in the specifications and which has at least a one (1) horsepower motor or which lists for more than $500.00. The City reserves the right to request warranties for equipment not classified as major. The Contractor shall still warrant equipment not considered to be "major" in the Contractor's one-year warranty period even though certificates of warranty shall not be required.

C. In the event that the equipment manufacturer or supplier is unwilling to provide the warranty

described above commencing at the date of substantial completion, the Contractor shall obtain from the manufacturer a two (2) year warranty commencing at the time of equipment delivery to the job site. This two (2) year warranty from the manufacturer shall not relieve the Contractor of the two (2) year warranty starting at the time of City acceptance of the equipment.

D. The City shall incur no labor or equipment cost during the guarantee period.


E. Guarantee shall cover all necessary labor, equipment and replacement parts resulting from faulty or

inadequate design, improper assembly or erection, defective workmanship and materials, leakage, breakage or other failure of all equipment and components furnished by the manufacturer.


END OF SECTION

EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF-SYSTEM).

(REV 1-23-12) (FA 2-27-12)

SECTION 120 EARTHWORK AND RELATED OPERATIONS FOR LAP (OFF-SYSTEM)

120-1 Description. 120-1.1 General: Perform earthwork and related operations based on the type of work specified in the Contract and the Earthwork Categories as defined below. Meet the applicable requirements for materials, equipment and construction as specified. Earthwork and related operations consists of excavation for the construction of the roadway, excavation for structures and pipe, constructing backfill around structures and pipe, and constructing embankments as required for the roadway, ditches, and channel changes. 120-1.2 Earthwork Categories: Performance of Earthwork Operations will fall into one of the following Earthwork Categories: 120-1.2.1 Earthwork Category 1: Includes the earthwork and related operations associated with the construction of sidewalks and bike paths along with any drainage structures associated with these facilities. 120-1.2.2 Earthwork Category 2: Includes the earthwork and related operations associated with the construction of turn lanes and other non-mainline traffic lanes, widening, roadway shoulders, concrete box culverts, retaining walls, and other drainage structures on the non-mainline pavement. 120-1.2.3 Earthwork Category 3: Includes the earthwork and related operations associated with the construction of new mainline pavement, along with concrete box culverts, retaining walls, and other drainage structures on the mainline pavement.

120-2 Classes of Excavation. 120-2.1 Excavation of Unsuitable Material: Excavation of unsuitable material consists of the removal of muck, clay, rock or any other material that is unsuitable in its original position and that is excavated below the finished grading template. For stabilized bases and sand bituminous road mixes, the finished grading template is the top of the finished base, shoulders and slopes. For all other bases and rigid pavement, the finished grading template is the finished shoulder and slope lines and bottom of completed base or rigid pavement. 120-2.2 Lateral Ditch Excavation: Lateral ditch excavation consists of all excavation of inlet and outlet ditches to structures and roadway, changes in channels of streams, and ditches parallel to the roadway right-of-way. Dress lateral ditches to the grade and cross-section shown in the plans. 120-2.3 Channel Excavation: Channel excavation consists of the excavation and satisfactory disposal of all materials from the limits of the channel as shown in the plans. 120-2.4 Excavation for Structures and Pipe: Excavation for structures consists of the excavation for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures.

120-3 Excavation Requirements. 120-3.1 Excavation and Replacement of Unsuitable Materials: Where rock, muck, clay, or other material within the limits of the roadway is unsuitable in its original position, excavate such material to the cross-sections shown in the plans or indicated by the Engineer, and backfill with suitable material. Shape backfill materials to the required cross-sections. Where the removal of plastic soils below the finished earthwork grade is required, meet a construction tolerance of plus or minus 0.2 foot in depth and plus or minus 6 inches (each side) in width. 120-3.2 Lateral Ditch Excavation: Excavate inlet and outlet ditches to structures and roadway, changes in channels of streams and ditches parallel to the roadway. Dress lateral ditches to the grade and cross-section shown in the plans. 120-3.3 Channel Excavation: Excavate and dispose of all materials from the limits of the channel as shown in the plans. Excavate for bridge foundations, box culverts, pipe culverts, storm sewers and all other pipe lines, retaining walls, headwalls for pipe culverts and drains, catch basins, drop inlets, manholes, and similar structures. 120-3.4 Excavation for Structures and Pipe. 120-3.4.1 Requirements for all Excavation: Excavate foundation pits to permit the placing of the full widths and lengths of footings shown in the plans, with full horizontal beds. Do not round or undercut corners or edges of footings. Perform all excavation to foundation materials, satisfactory to the Engineer, regardless of the elevation shown on the plans. Perform all excavation in stream beds to a depth at least 4 feet below the permanent bed of the stream, unless a firm footing can be established on solid rock before such depth is reached, and excavate to such additional depth as may be necessary to eliminate any danger of undermining. Wherever rock bottom is secured, excavate in such manner as to allow the solid rock to be exposed and prepared in horizontal beds for receiving the masonry. Remove all loose and disintegrated rock or thin strata. Have the Engineer inspect and approve all foundation excavations prior to placing masonry. 120-3.4.2 Earth Excavation: 120-3.4.2.1 Foundation Material other than the Rock: When masonry is to rest on an excavated surface other than rock, take special care to avoid disturbing the bottom of the excavation, and do not remove the final foundation material to grade until just before placing the masonry. In case the foundation material is soft or mucky, the Engineer may require excavation to a greater depth and to backfill to grade with approved material. 120-3.4.2.2 Foundation Piles: Where foundation piles are used, complete the excavation of each pit before driving the piles. After the driving is completed, remove all loose and displaced material, leaving a smooth, solid, and level bed to receive the masonry. 120-3.4.2.3 Removal of Obstructions: Remove boulders, logs, or any unforeseen obstacles encountered in excavating. 120-3.4.3 Rock Excavation: Clean all rock and other hard foundation material, remove all loose material, and cut all rock to a firm surface. Either level, step vertically and horizontally, or serrate the rock, as may be directed by the Engineer. Clean out all seams, and fill them with concrete or mortar. 120-3.4.4 Pipe Trench Excavation: Excavate trenches for pipe culverts and storm sewers to the elevation of the bottom of the pipe and to a width sufficient to provide adequate working room. Remove soil not meeting the classification specified as suitable backfill material in 120-8.3.2.2 to a depth of 4 inches below the bottom of the pipe elevation. Remove rock, boulders or other hard lumpy or unyielding material to a depth of 12 inches below the

bottom of the pipe elevation. Remove muck or other soft material to a depth necessary to establish a firm foundation. Where the soils permit, ensure that the trench sides are vertical up to at least the mid-point of the pipe. For pipe lines placed above the natural ground line, place and compact the embankment, prior to excavation of the trench, to an elevation at least 2 feet above the top of the pipe and to a width equal to four pipe diameters, and then excavate the trench to the required grade.

120-4 Disposal of Surplus and Unsuitable Material. 120-4.1 Ownership of Excavated Materials: Dispose of surplus and excavated materials as shown in the plans or, if the plans do not indicate the method of disposal, take ownership of the materials and dispose of them outside the right-of-way. 120-4.2 Disposal of Muck on Side Slopes: As an exception to the provisions of 120-4.1, when approved by the Engineer, muck (A-8 material) may be placed on the slopes, or stored alongside the roadway, provided there is a clear distance of at least 6 feet between the roadway grading limits and the muck, and the muck is dressed to present a neat appearance. In addition, this material may also be disposed of by placing it on the slopes where, in the opinion of the Engineer, this will result in an aesthetically pleasing appearance and will have no detrimental effect on the adjacent developments. Where the Engineer permits the disposal of muck or other unsuitable material inside the right-of-way limits, do not place such material in a manner which will impede the inflow or outfall of any channel or of side ditches. The Engineer will determine the limits adjacent to channels within which such materials may be disposed. 120-4.3 Disposal of Paving Materials: Unless otherwise noted, take ownership of paving materials, such as paving brick, asphalt block, concrete slab, sidewalk, curb and gutter, etc., excavated in the removal of existing pavements, and dispose of them outside the right-of-way. If the materials are to remain the property of the Agency, place them in neat piles as directed. Existing limerock base that is removed may be incorporated in the stabilized portion of the subgrade. If the construction sequence will allow, incorporate all existing limerock base into the project as allowed by the Contract Documents. 120-4.4 Disposal Areas: Where the Contract Documents require disposal of excavated materials outside the right-of-way, and the disposal area is not indicated in the Contract Documents, furnish the disposal area without additional compensation. Provide areas for disposal of removed paving materials out of sight of the project and at least 300 feet from the nearest roadway right-of-way line of any road. If the materials are buried, disregard the 300 foot limitation.

120-5 Materials for Embankment. 120-5.1 General Requirements for Embankment Materials: Construct embankments using suitable materials excavated from the roadway or delivered to the jobsite from authorized borrow pits. Construct the embankment using maximum particle sizes as follows: In top 12 inches: 3 1/2 inches (in any dimension). 12 to 24 inches: 6 inches (in any dimension). In the depth below 24 inches: not to exceed 12 inches (in any dimension) or the compacted thickness of the layer being placed, whichever is less.

Spread all material so that the larger particles are separated from each other to minimize voids between them during compaction. Compact around these rocks in accordance with 120-7.2. When and where approved by the Engineer, larger rocks (not to exceed 18 inches in any dimension) may be placed outside the one to two slope and at least 4 feet or more below the bottom of the base. Compact around these rocks to a firmness equal to that of the supporting soil. Where constructing embankments adjacent to bridge end bents or abutments, do not place rock larger than 3 1/2 inches in diameter within 3 feet of the location of any end-bent piling. 120-5.2 Use of Materials Excavated From the Roadway and Appurtenances: Assume responsibility for determining the suitability of excavated material for use on the project in accordance with the applicable Contract Documents. Consider the sequence of work and maintenance of traffic phasing in the determination of the availability of this material. 120-5.3 Authorization for Use of Borrow: Use borrow only when sufficient quantities of suitable material are not available from roadway and drainage excavation, to properly construct the embankment, subgrade, and shoulders, and to complete the backfilling of structures and pipe. Do not use borrow material until so ordered by the Engineer, and then only use material from approved borrow pits. 120-5.3.1 Haul Routes for Borrow Pits: Provide and maintain, at no expense to the Agency, all necessary roads for hauling the borrow material. Where borrow area haul roads or trails are used by others, do not cause such roads or trails to deteriorate in condition. Arrange for the use of all non-public haul routes crossing the property of any railroad. Incur any expense for the use of such haul routes. Establish haul routes which will direct construction vehicles away from developed areas when feasible, and keep noise from hauling operations to a minimum. Advise the Engineer in writing of all proposed haul routes. 120-5.3.2 Borrow Material for Shoulder Build-up: When so indicated in the plans, furnish borrow material with a specific minimum bearing value, for building up of existing shoulders. Blend materials as necessary to achieve this specified minimum bearing value prior to placing the materials on the shoulders. Take samples of this borrow material at the pit or blended stockpile. 120-5.4 Materials Used at Pipes, Culverts, etc.: Construct embankments over and around pipes, culverts, and bridge foundations with selected materials.

120-6 Embankment Construction. 120-6.1 General: Construct embankments in sections of not less than 300 feet in length or for the full length of the embankment. 120-6.2 Dry Fill Method: 120-6.2.1 General: Construct embankments to meet compaction requirements in 120-7 and in accordance with the acceptance program requirements in 120-9. Restrict the compacted thickness of the last embankment lift to 6 inches maximum. As far as practicable, distribute traffic over the work during the construction of embankments so as to cover the maximum area of the surface of each layer. Construct embankment in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 120-6.2.1.1 For A-3 and A-2-4 Materials with up to 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 12 inches. Ensure the percentage of fines passing the No. 200 US Standard sieve in the A-2-4 material does not exceed 15%.

120-6.2.1.2 For A-1 Plastic materials (As designated in FDOT Design Standard Index 505) and A-2-4 Materials with greater than 15% fines: Construct the embankment in successive layers with lifts up to a maximum compacted thickness of 6 inches. 120-6.2.1.3 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, sumps and siphons. When normal dewatering does not adequately remove the water, the Engineer may require the embankment material to be placed in the water or in low swampy ground in accordance with 120-7.2.4. 120-6.2.2 Placing in Unstable Areas: Where depositing the material in water, or in low swampy ground that will not support the weight of hauling equipment, construct the embankment by dumping successive loads in a uniformly distributed layer of a thickness not greater than necessary to support the hauling equipment while placing subsequent layers. Once sufficient material has been placed so that the hauling equipment can be supported, construct the remaining portion of the embankment in layers in accordance with the applicable provisions of 120-7.2.4 and 120-7.2.6. 120-6.2.3 Placing on Steep Slopes: When constructing an embankment on a hillside sloping more than 20 degrees from the horizontal, before starting the fill, deeply plow or cut into steps the surface of the original ground on which the embankment is to be placed. 120-6.2.4 Placing Outside Standard Minimum Slope: Where material that is unsuitable for normal embankment construction is to be used in the embankment outside the standard minimum slope (approximately one to two), place such material in layers of not more than 18 inches in thickness, measured loose. The Contractor may also place material which is suitable for normal embankment, outside such standard minimum slope, in 18 inch layers. Maintain a constant thickness for suitable material placed within and outside the standard minimum slope, unless placing in a separate operation. 120-6.3 Hydraulic Method: 120-6.3.1 Method of Placing: When the hydraulic method is used, as far as practicable, place all dredged material in its final position in the embankment by such method. Place and compact any dredged material that is re-handled, or moved and placed in its final position by any other method, as specified in 120-7.2. The Contractor may use baffles or any form of construction he may select, provided the slopes of the embankments are not steeper than indicated in the plans. Remove all timber used for temporary bulkheads or baffles from the embankment, and fill and thoroughly compact the holes thus formed. When placing fill on submerged land, construct dikes prior to beginning of dredging, and maintain the dikes throughout the dredging operation. 120-6.3.2 Excess Material: Do not use excess material placed outside the prescribed slopes, below the normal high-water level, to raise the fill. Remove only the portion of this material required for dressing the slopes. 120-6.3.3 Protection of Openings in Embankment: Leave openings in the embankments at the bridge sites. Remove any material which invades these openings or existing channels without additional compensation to provide the same depth of channel as existed before the construction of the embankment. Do not excavate or dredge any material within 200 feet of the toe of the proposed embankment.

120-7 Compaction Requirements. 120-7.1 Moisture Content: Compact the materials at a moisture content such that the specified density can be attained. If necessary to attain the specified density, add water to the material, or lower the moisture content by manipulating the material or allowing it to dry, as is appropriate. 120-7.2 Compaction of Embankments: 120-7.2.1 Earthwork Category 1 and 2 Density Requirements: The Engineer will accept a minimum density of 95% of the maximum density as determined by AASHTO T-99 Method C for all earthwork items requiring densities. 120-7.2.2 Earthwork Category 3 Density Requirements: The Engineer will accept a minimum of 100% of the maximum density as determined by AASHTO T-99 Method C for all densities required under category 3. Except for embankments constructed by the hydraulic method as specified in 120-6.3, and for the material placed outside the standard minimum slope as specified in 120-6.2.4, and for other areas specifically excluded herein, compact each layer of the material used in the formation of embankments to the required density stated above. Uniformly compact each layer using equipment that will achieve the required density, and as compaction operations progress, shape and manipulate each layer as necessary to ensure uniform density throughout the embankment. 120-7.2.3 Compaction Over Unstable Foundations: Where the embankment material is deposited in water or on low swampy ground, and in a layer thicker than 12 inches (as provided in 120-6.2.2), compact the top 6 inches (compacted thickness) of such layer to the density as specified in 120-9.5. 120-7.2.4 Compaction Where Plastic Material Has Been Removed: Where unsuitable material is removed and the remaining surface is of the A-4, A-5, A-6, or A-7 Soil Groups, as determined by the Engineer, compact the surface of the excavated area by rolling with a sheepsfoot roller exerting a compression of at least 250 psi on the tamper feet, for the full width of the roadbed (subgrade and shoulders). Perform rolling before beginning any backfill, and continue until the roller feet do not penetrate the surface more than 1 inch. Do not perform such rolling where the remaining surface is below the normal water table and covered with water. Vary the procedure and equipment required for this operation at the discretion of the Engineer. 120-7.2.5 Compaction of Material To Be Used In Base, Pavement, or Stabilized Areas: Do not compact embankment material which will be incorporated into a pavement, base course, or stabilized subgrade, to be constructed as a part of the same Contract. 120-7.2.6 Compaction of Grassed Shoulder Areas: For the upper 6 inch layer of all shoulders which are to be grassed, since no specific density is required, compact only to the extent directed. 120-7.2.7 Compaction of Grassed Embankment Areas: For the outer layer of all embankments where plant growth will be established, do not compact. Leave this layer in a loose condition to a minimum depth of 6 inches for the subsequent seeding or planting operations. 120-7.3 Compaction of Subgrade: If the plans do not provide for stabilizing, compact the subgrade in both cuts and fills to the density specified in 120-9.5. For undisturbed soils, do not apply density requirements where constructing narrow widening strips or paved shoulders 5 feet or less in width.

Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, perform compaction using vibratory rollers, trench rollers, or other type compaction equipment approved by the Engineer. Maintain the required density until the base or pavement is placed on the subgrade.

120-8 Backfilling Around Structures and Pipe. 120-8.1 Requirements for all Structures: 120-8-1.1 General: Backfill around structures and pipe in the dry whenever normal dewatering equipment and methods can accomplish the needed dewatering. 129-8.1.2 Equipment and Methods: Provide normal dewatering equipment including, but not limited to, surface pumps, sump pumps, wellpoints and header pipe and trenching/digging machinery. Provide normal dewatering methods including, but not limited to, constructing shallow surface drainage trenches/ditches, using sand blankets, perforated pipe drains, sumps and siphons. 120-8.1.3 Backfill Materials: Backfill to the original ground surface or subgrade surface of openings made for structures, with a sufficient allowance for settlement. The Engineer may require that the material used for this backfill be obtained from a source entirely apart from the structure. Do not allow heavy construction equipment to cross over culvert or storm sewer pipes until placing and compacting backfill material to the finished earthwork grade or to an elevation at least 4 feet above the crown of the pipe. 120-8.1.4 Use of A-7 Material: In the backfilling of trenches, A-7 material may be used from a point 12 inches above the top of the pipe up to the elevation shown on the FDOT Design Standards as the elevation for undercutting of A-7 material. 120-8.1.5 Time of Placing Backfill: Do not place backfill against any masonry or concrete abutment, wingwall, or culvert until the Engineer has given permission to do so, and in no case until the masonry or concrete has been in place seven days or until the specified 28-day compressive strength occurs. 120-8.1.6 Placement and Compaction: When the backfill material is deposited in water, compact per 120-8.2.5 and 120-8.3.4. Place the material in horizontal layers not exceeding 6 inches compacted thickness, in depth above water level, behind abutments, wingwalls and end bents or end rest piers, and around box culverts and all structures including pipe culverts. The Engineer may approve placing material in thicker lifts of no more than 12 inches compacted thickness above the soil envelope if a test section demonstrates the required density can be achieved. Approval will be based on five passing density tests over the test section consisting of a lift of backfill from structure to structure. The Engineer will identify the test section with the compaction effort and soil classification in the Agency Logbook. In case of a change in compaction effort or soil classification, construct a new test section. The Engineer reserves the right to terminate the Contractor’s use of thick lift construction and have him revert to the 6 inch compacted lifts whenever it is determined that satisfactory results are not being obtained. 120-8.2 Additional Requirements for Structures Other than Pipe: 120-8.2.1 Density: Where the backfill material is deposited in water, obtain a 12 inch layer of comparatively dry material, thoroughly compacted by tamping, before the Engineer verifies layer and density requirements. Meet the requirements of the density Acceptance Criteria.

120-8.2.2 Box Culverts: For box culverts over which pavement is to be constructed, compact around the structure to an elevation not less than 12 inches above the top of the structure, using rapid-striking mechanical tampers. 120-8.2.3 Other Limited Areas: Compact in other limited areas using mechanical tampers or approved hand tampers, until the cover over the structure is at least 12 inches thick. When hand tampers are used, deposit the materials in layers not more than 4 inches thick using hand tampers suitable for this purpose with a face area of not more than 100 in2. Take special precautions to prevent any wedging action against the masonry, and step or terrace the slope bounding the excavation for abutments and wingwalls if required by the Engineer. 120-8.2.4 Culverts and Piers: Backfill around culverts and piers on both sides simultaneously to approximately the same elevation. 120-8.2.5 Compaction Under Wet Conditions: Where wet conditions do not permit the use of mechanical tampers, compact using hand tampers. Use only A-3 material for the hand tamped portions of the backfill. When the backfill has reached an elevation and condition such as to make the use of the mechanical tampers practical, perform mechanical tamping in such manner and to such extent as to transfer the compaction force into the sections previously tamped by hand. 120-8.3 Additional Requirements for Pipe 15 Inches Inside Diameter or Greater: 120-8.3.1 General: Trenches for pipe may have up to four zones that must be backfilled. Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 4 inches of the bottom of the pipe. Bedding Zone: The zone above the Lowest Zone is the Bedding Zone. Usually it will be the backfill which is the 4 inches of soil below the bottom of the pipe. When rock or other hard material has been removed to place the pipe, the Bedding Zone will be the 12 inches of soil below the bottom of the pipe. Cover Zone: The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12 inches above the top of the pipe. The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. Top Zone: The Top Zone extends from 12 inches above the top of the pipe to the base or final grade. 120-8.3.2 Material: 120-8.3.2.1 Lowest Zone: Backfill areas undercut below the Bedding Zone of a pipe with coarse sand, or other suitable granular material, obtained from the grading operations on the project, or a commercial material if no suitable material is available. 120-8.3.2.2 Soil Envelope: In both the Bedding Zone and the Cover Zone of the pipe, backfill with materials classified as A-1, A-2, or A-3. Material classified as A-4 may be used if the pipe is concrete pipe. 120-8.3.2.3 Top Zone: Backfill the area of the trench above the soil envelope of the pipe with materials allowed on Design Standard, Index No. 505. 120-8.3.3 Compaction: 120-8.3.3.1 Lowest Zone: Compact the soil in the Lowest Zone to approximately match the density of the soil in which the trench was cut.

120-8.3.3.2 Bedding Zone: If the trench was not undercut below the bottom of the pipe, loosen the soil in the bottom of the trench immediately below the approximate middle third of the outside diameter of the pipe. If the trench was undercut, place the bedding material and leave it in a loose condition below the middle third of the outside diameter of the pipe. Compact the outer portions to meet the density requirements of the Acceptance Criteria. Place the material in lifts no greater than 6 inches (compacted thickness). 120-8.3.3.3 Cover Zone: Place the material in 6 inches layers (compacted thickness), evenly deposited on both sides of the pipe, and compact with mechanical tampers suitable for this purpose. Hand tamp material below the pipe haunch that cannot be reached by mechanical tampers. Meet the requirements of the density Acceptance Criteria. 120-8.3.3.4 Top Zone: Place the material in layers not to exceed 12 inches in compacted thickness. Meet the requirements of the density Acceptance Criteria. 120-8.3.4 Backfill Under Wet Conditions: Where wet conditions are such that dewatering by normal pumping methods would not be effective, the procedure outlined below may be used when specifically authorized by the Engineer in writing. Granular material may be used below the elevation at which mechanical tampers would be effective, but only material classified as A-3. Place and compact the material using timbers or hand tampers until the backfill reaches an elevation such that it’s moisture content will permit the use of mechanical tampers. When the backfill has reached such elevation, use normally acceptable backfill material. Compact the material using mechanical tampers in such manner and to such extent as to transfer the compacting force into the material previously tamped by hand.

120-9 Acceptance Program. 120-9.1 Density over 105%: When a computed dry density results in a value greater than 105% of the applicable Proctor maximum dry density, the Engineer will perform a second density test within 5 feet. If the second density results in a value greater than 105%, investigate the compaction methods, examine the applicable Maximum Density and material description. If necessary, the Engineer will test an additional sample for acceptance in accordance with AASHTO T 99, Method C. 120-9.2 Maximum Density Determination: The Engineer will determine the maximum density and optimum moisture content by sampling and testing the material in accordance with the specified test method listed in 120-9.3. 120-9.3 Density Testing Requirements: Compliance with the requirements of 120-9.5 will be determined in accordance FM 1-T 238. The in-place moisture content will be determined for each density in accordance with FM 5-507 (Determination of Moisture Content by Means of a Calcium Carbide Gas Pressure Moisture Tester), or ASTM D 4643 (Laboratory Determination of Moisture Content of Granular Soils By Use of a Microwave Oven). 120-9.4 Soil Classification: The Engineer will perform soil classification tests in accordance with AASHTO T-88, and classify soils in accordance with AASHTO M-145 (Standard Specification for Classification of Soils and Soil-Aggregate Mixtures for Highway Construction Purposes) in order to determine compliance with embankment utilization requirements. 120-9.5 Acceptance Criteria: The Engineer will accept a minimum density in accordance with 120-7.2 with the following exceptions:

1) embankment constructed by the hydraulic method as specified in 120-6.3; 2) material placed outside the standard minimum slope as specified in 120-6.2.4; 3) other areas specifically excluded herein. 120-9.6 Frequency: The Engineer will conduct sampling and testing at a minimum frequency listed in the table below.

Test Name Frequency Maximum Density One per soil type

Density 1 per 500’ RDWY (Alt Lift) Soil Classification One per Maximum Density

120-10 Maintenance and Protection of Work. While construction is in progress, maintain adequate drainage for the roadbed at all times. Maintain a shoulder at least 3 feet wide adjacent to all pavement or base construction in order to provide support for the edges. Maintain and protect all earthwork construction throughout the life of the Contract, and take all reasonable precautions to prevent loss of material from the roadway due to the action of wind or water. Repair any slides, washouts, settlement, subsidence, or other mishap which may occur prior to final acceptance of the work. Maintain all channels excavated as a part of the Contract work against natural shoaling or other encroachments to the lines, grades, and cross-sections shown in the plans, until final acceptance of the project.

120-11 Construction. 120-11.1 Construction Tolerances: Shape the surface of the earthwork to conform to the lines, grades, and cross-sections shown in the plans. In final shaping of the surface of earthwork, maintain a tolerance of 0.3 foot above or below the plan cross-section with the following exceptions: 1. Shape the surface of shoulders to within 0.1 foot of the plan cross-section. 2. Shape the earthwork to match adjacent pavement, curb, sidewalk, structures, etc. 3. Shape the bottom of ditches so that the ditch impounds no water. 4. When the work does not include construction of base or pavement, shape the entire roadbed (shoulder point to shoulder point) to within 0.1 foot above or below the plan cross-section. Ensure that the shoulder lines do not vary horizontally more than 0.3 foot from the true lines shown in the plans. 120-11.2 Operations Adjacent to Pavement: Carefully dress areas adjacent to pavement areas to avoid damage to such pavement. Complete grassing of shoulder areas prior to placing the final wearing course. Do not manipulate any embankment material on a pavement surface. When shoulder dressing is underway adjacent to a pavement lane being used to maintain traffic, exercise extreme care to avoid interference with the safe movement of traffic.

120-12 Method of Measurement. 120-12.1 Excavation: Excavation will be paid for by volume, in cubic yards, calculated by the method of average end areas, unless the Engineer determines that another method of calculation will provide a more accurate result. The material will be measured in its original

position by field survey or by photogrammetric means as designated by the Engineer. Measurement for payment will include the excavation of unsuitable material, lateral ditch excavation, channel excavation, and excavation for structures and pipe. Payment will not be made for excavation or embankment beyond the limits shown in the plans or authorized by the Engineer. 120-12.2 Embankment: Measurement will be made on a loose volume basis, as measured in trucks or other hauling equipment at the point of dumping on the road. Payment will not be made for embankment beyond the limits shown in the plans or authorized by the Engineer.

120-13 Basis of Payment. 120-13.1 General: Prices and payments for the work items included in this Section will be full compensation for all work described herein, including excavating, dredging, hauling, placing, and compacting; dressing the surface of the earthwork; and maintaining and protecting the complete earthwork. 120-13.2 Excavation: The total quantity of all excavation specified under this Section will be paid for at the Contract unit price for Excavation. No payment will be made for the excavation of any materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials excavated outside the lines and grades given by the Engineer, unless specifically authorized by the Engineer. 120-13.3 Embankment: The total quantity of embankment specified in this Section will be paid for at the Contract unit price for embankment. No payment will be made for materials which are used for purposes other than those shown in the plans or designated by the Engineer. No payment will be made for materials placed outside the lines and grades given by the Engineer.

http://www.wdol.gov/wdol/scafiles/davisbacon/FL196.dvb?v=1[2/9/2015 1:47:47 PM]

General Decision Number: FL150196 01/09/2015 FL196

Superseded General Decision Number: FL20140196

State: Florida

Construction Type: Highway

Counties: Bradford, Citrus, Dixie, Flagler, Hamilton, Taylor and Union Counties in Florida.

HIGHWAY CONSTRUCTION PROJECTS

Note: Executive Order (EO) 13658 establishes an hourly minimumwage of $10.10 for 2015 that applies to all contracts subjectto the Davis-Bacon Act for which the solicitation is issued onor after January 1, 2015. If this contract is covered by theEO, the contractor must pay all workers in any classificationlisted on this wage determination at least $10.10 (or theapplicable wage rate listed on this wage determination, if itis higher) for all hours spent performing on the contract. TheEO minimum wage rate will be adjusted annually. Additionalinformation on contractor requirements and worker protectionsunder the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015 1 01/09/2015

* ELEC0349-002 09/01/2014

Rates Fringes

ELECTRICIAN......................$ 30.11 10.06---------------------------------------------------------------- SUFL2013-014 08/19/2013

Rates Fringes

CARPENTER, Includes Form Work....$ 12.63 0.00 CEMENT MASON/CONCRETE FINISHER...$ 13.19 0.00 FENCE ERECTOR....................$ 11.32 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Striping Machine).....$ 12.63 0.00 HIGHWAY/PARKING LOT STRIPING: Operator (Spray Nozzleman).......$ 10.02 0.00 INSTALLER - GUARDRAIL............$ 14.74 0.00 IRONWORKER, REINFORCING..........$ 13.67 0.00 LABORER (Traffic Control Specialist)......................$ 10.60 0.00 LABORER: Asphalt, Includes Raker, Shoveler, Spreader and Distributor......................$ 10.23 0.00 LABORER: Common or General......$ 9.35 0.00 LABORER: Flagger................$ 9.41 0.00 LABORER: Grade Checker..........$ 10.97 0.00 LABORER: Landscape & Irrigation.......................$ 8.35 0.00 LABORER: Pipelayer..............$ 13.34 0.00 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 12.21 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 11.61 0.00


OPERATOR: Broom/Sweeper.........$ 10.89 0.00 OPERATOR: Bulldozer.............$ 14.26 0.00 OPERATOR: Crane.................$ 17.83 0.00 OPERATOR: Forklift..............$ 10.75 0.00 OPERATOR: Grader/Blade..........$ 13.17 0.00 OPERATOR: Loader................$ 11.86 0.00 OPERATOR: Mechanic..............$ 12.37 0.00 OPERATOR: Milling Machine.......$ 13.57 0.00 OPERATOR: Oiler.................$ 11.38 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete).........$ 13.65 0.00 OPERATOR: Post Driver (Guardrail/Fences)...............$ 16.00 0.00 OPERATOR: Roller................$ 10.11 0.00 OPERATOR: Screed................$ 13.73 0.00 OPERATOR: Tractor...............$ 9.73 0.00 OPERATOR: Trencher..............$ 16.00 0.00 SIGN ERECTOR.....................$ 13.15 0.00 TRAFFIC SIGNALIZATION: Traffic Signal Installation......$ 16.73 0.00 TRUCK DRIVER: Dump Truck........$ 10.71 0.00 TRUCK DRIVER: Lowboy Truck......$ 15.24 0.00 TRUCK DRIVER: Water Truck.......$ 12.04 0.00----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performingoperation to which welding is incidental.

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Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).

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The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate is a union rate (current union negotiated rate for local),a survey rate (weighted average rate) or a union average rate(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosedin dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate wereprevailing for that classification in the survey. Example:PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198indicates the local union number or district council numberwhere applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processing


the wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is July 1,2014.

Union prevailing wage rates are updated to reflect all ratechanges in the collective bargaining agreement (CBA) governingthis classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate thatno one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification. As this weighted average rate includes allrates reported in the survey, it may include both union andnon-union rates. Example: SULA2012-007 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and are not majority rates. LA indicatesthe State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until anew survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG-OH-001008/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. OH indicates the state. The next number, 0010 inthe example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January ofeach year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased.

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WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This canbe:

* an existing published wage determination* a survey underlying a wage determination* a Wage and Hour Division letter setting forth a position on a wage determination matter* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for theDavis-Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)and 3.) should be followed.

With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then aninterested party (those affected by the action) can requestreview and reconsideration from the Wage and Hour Administrator


(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

The request should be accompanied by a full statement of theinterested party's position and by any information (wagepayment data, project description, area practice material,etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, aninterested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

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END OF GENERAL DECISION

SUPERPAVE ASPHALT FOR LAP (OFF-SYSTEM).

(REV 1-26-15) (FA 1-29-15)

SECTION 334 SUPERPAVE ASPHALT FOR LAP (OFF-SYSTEM)

334-1 Description. 334-1.1 General: Construct a Superpave asphalt pavement (consisting of either Hot Mix Asphalt (HMA) or Warm Mix Asphalt (WMA)) based on the type of work specified in the Contract and the Asphalt Work Categories as defined below. Meet the applicable requirements for plants, equipment, and construction requirements as defined below. Use an asphalt mix, either HMA or WMA, which meets the requirements of this specification. 334-1.2 Asphalt Work Mix Categories: Construction of asphalt pavement will fall into one of the following work categories: 334-1.2.1 Asphalt Work Category 1: Includes the construction of shared use paths and miscellaneous asphalt. 334-1.2.2 Asphalt Work Category 2: Includes the construction of new asphalt turn lanes, paved shoulders and other non-mainline pavement locations. 334-1.2.3 Asphalt Work Category 3: Includes the construction of new mainline asphalt pavement lanes, milling and resurfacing. 334-1.3 Mix Types: Use the appropriate asphalt mix as shown in Table 334-1.

Table 334-1 Asphalt Mix Types

Asphalt Work Category

Mix Types

Traffic Level

ESALs (millions)

1 Type SP-9.5 A <0.3

2

Structural Mixes: Types SP-9.5 or SP-12.5

Friction Mixes: Types FC-9.5 or FC-12.5

B 0.3 to <3

3

Structural Mixes: Types SP-9.5 or SP-12.5

Friction Mixes: Types FC-9.5 or FC-12.5

C ≥3

A Type SP or FC mix one traffic level higher than the traffic level specified in the Contract may be substituted, at no additional cost (i.e. Traffic Level B may be substituted for Traffic Level A, etc.). Traffic levels are as defined in Section 334 of the Florida Department of Transportation’s (FDOT’s) Specifications. 334-1.4 Gradation Classification: The Superpave mixes are classified as fine and are defined in 334-3.2.2. The equivalent AASHTO nominal maximum aggregate size Superpave mixes are as follows:

Type SP-9.5, FC-9.5 ............................................................. 9.5 mm

Type SP-12.5, FC-12.5 ....................................................... 12.5 mm 334-1.5 Thickness: The total pavement thickness of the asphalt pavement will be based on a specified spread rate or plan thickness as shown in the Contract Documents. Before paving, propose a spread rate or thickness for each individual layer meeting the requirements of this specification, which when combined with other layers (as applicable) will equal the plan spread rate or thickness. When the total pavement thickness is specified as plan thickness, the plan thickness and individual layer thickness will be converted to spread rate using the following equation: Spread rate (lbs/yd2) = t x Gmm x 43.3 where: t = Thickness (in.) (Plan thickness or individual layer thickness) Gmm = Maximum specific gravity from the mix design For target purposes only, spread rate calculations shall be rounded to the nearest whole number. 334-1.5.1 Layer Thicknesses: Unless otherwise called for in the Contract Documents, the allowable layer thicknesses for asphalt mixtures are as follows:

Type SP-9.5, FC-9.5 ............................................ 3/4 to 1-1/2 inches Type SP-12.5, FC-12.5 .................................... 1-1/2 to 2-1/2 inches

334-1.5.2 Additional Requirements: The following requirements also apply to asphalt mixtures: 1. When construction includes the paving of adjacent shoulders (less than or equal to 5 feet wide), the layer thickness for the upper pavement layer and shoulder shall be the same and paved in a single pass, unless otherwise called for in the Contract Documents. 2. For overbuild layers, use the minimum and maximum layer thicknesses as specified above unless called for differently in the Contract Documents. On variable thickness overbuild layers, the minimum allowable thickness may be reduced by 1/2 inch, and the maximum allowable thickness will be as specified below, unless called for differently in the Contract Documents. Type SP-9.5……………………………………3/8 to 2 inches Type SP-12.5…………………………………..1/2 to 3 inches 3. Variable thickness overbuild layers may be tapered to zero thickness provided the contract documents require a minimum of 1-1/2 inches of mix placed over the variable thickness overbuild layer. 334-1.6 Weight of Mixture: The weight of the mixture shall be determined as provided in 320-3.2 of the FDOT Specifications.

334-2 Materials. 334-2.1 Superpave Asphalt Binder: Unless specified elsewhere in the Contract or in 334-2.3.3, use a PG 67-22 asphalt binder from the FDOT’s Approved Products List (APL). If the Contract calls for an alternative asphalt binder, meet the requirements of FDOT Specifications Section 336 or 916, as appropriate. 334-2.2 Aggregate: Use aggregate capable of producing a quality pavement. For Type FC mixes, use an aggregate blend that consists of crushed granite, crushed Oolitic limestone, other crushed materials (as approved by FDOT for friction courses per Rule 14-103.005, Florida Administrative Code), or a combination of the above. Crushed

limestone from the Oolitic formation may be used if it contains a minimum of 12% silica material as determined by FDOT Test Method FM 5-510 and FDOT grants approval of the source prior to its use. As an exception, mixes that contain a minimum of 60% crushed granite may either contain: 1. Up to 40% fine aggregate from other sources; or, 2. A combination of up to 20% RAP and the remaining fine aggregate from other sources. A list of aggregates approved for use in friction courses may be available on the FDOT’s State Materials Office website. The URL for obtaining this information, if available, is: ftp://ftp.dot.state.fl.us/fdot/smo/website/sources/frictioncourse.pdf. 334-2.3 Reclaimed Asphalt Pavement (RAP) Material: 334-2.3.1 General requirements: RAP may be used as a component of the asphalt mixture, provided the RAP meets the following requirements: 1.When using a PG 76-22 (PMA), or PG 76-22 (ARB) asphalt binder, limit the amount of RAP material used in the mix to a maximum of 20% by weight of total aggregate. As an exception, amounts greater than 20% RAP by weight of total aggregate can be used if no more than 20% by weight of total asphalt binder comes from the RAP material. 2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 3. Provide RAP material having a minimum average asphalt binder content of 4.0% by weight of RAP. As an exception, when using fractionated RAP, the minimum average asphalt binder content for the coarse portion of the RAP shall be 2.5% by weight of the coarse portion of the RAP. The coarse portion of the RAP shall be the portion of the RAP retained on the No. 4 sieve. The Engineer may sample the stockpile to verify that this requirement is met. 4. Use a grizzly or grid over the RAP cold bin, in-line roller crusher, screen, or other suitable means to prevent oversized RAP material from showing up in the completed recycle mixture. If oversized RAP material appears in the completed recycle mix, take the appropriate corrective action immediately. If the appropriate corrective actions are not immediately taken, stop plant operations. 334-2.3.2 Material Characterization: Assume responsibility for establishing the asphalt binder content, gradation, and bulk specific gravity (Gsb) of the RAP material based on a representative sampling of the material. 334-2.3.3 Asphalt Binder for Mixes with RAP: Select the appropriate asphalt binder grade based on Table 334-2. The Engineer reserves the right to change the asphalt binder type and grade during production based on characteristics of the RAP asphalt binder.

Table 334-2 Asphalt Binder Grade for Mixes Containing RAP

Percent RAP Asphalt Binder Grade 0 - 15 PG 67-22

16 – 30 PG 58-22 > 30 PG 52-28

334-3 Composition of Mixture. 334-3.1 General: Compose the asphalt mixture using a combination of aggregates, mineral filler, if required, and asphalt binder material. Size, grade and combine the aggregate fractions to meet the grading and physical properties of the mix design. Aggregates from various sources may be combined. 334-3.2 Mix Design: 334-3.2.1 General: Design the asphalt mixture in accordance with AASHTO R 35-12, except as noted herein. Submit the proposed mix design with supporting test data indicating compliance with all mix design criteria to the Engineer. Prior to the production of any asphalt mixture, obtain the Engineer’s conditional approval of the mix design. If required by the Engineer, send representative samples of all component materials, including asphalt binder to a laboratory designated by the Engineer for verification. As an exception to these requirements, use a currently approved FDOT Mix Design. Warm mix technologies (additives, foaming techniques, etc.) listed on the Department’s website may be used in the production of the mix. The URL for obtaining this information, is: http://www.dot.state.fl.us/statematerialsoffice/quality/programs/warmmixasphalt/index.shtm. The Engineer will consider any marked variations from original test data for a mix design or any evidence of inadequate field performance of a mix design as sufficient evidence that the properties of the mix design have changed, and at his discretion, the Engineer may no longer allow the use of the mix design. 334-3.2.2 Mixture Gradation Requirements: Combine the aggregates in proportions that will produce an asphalt mixture meeting all of the requirements defined in this specification and conform to the gradation requirements at design as defined in AASHTO M 323-12, Table 3. Aggregates from various sources may be combined. 334-3.2.2.1 Mixture Gradation Classification: Plot the combined mixture gradation on an FHWA 0.45 Power Gradation Chart. Include the Control Points from AASHTO M323-12, Table-3, as well as the Primary Control Sieve (PCS) Control Point from AASHTO M323-12, Table 4. Fine mixes are defined as having a gradation that passes above or through the primary control sieve control point. 334-3.2.3 Gyratory Compaction: Compact the design mixture in accordance with AASHTO T312-12, with the following exceptions: use the number of gyrations at Ndesign as designed in Table 334-3.

Table 334-3 Gyratory Compaction Requirements

Traffic Level Ndesign Number of Gyrations A 50 B 65 C 75

334-3.2.4 Design Criteria: Meet the requirements for nominal maximum aggregate size as defined in AASHTO M323-12, as well as for relative density, VMA, VFA, and dust-to-binder ratio as specified in AASHTO M323-12, Table 6. Ninitial and Nmaximum requirements are not applicable.

334-3.2.5 Moisture Susceptibility: Test 4 inch specimens in accordance with FDOT Test Method FM 1-T 283. Provide a mixture having a retained tensile strength ratio of at least 0.80 and a minimum tensile strength (unconditioned) of 100 pounds per square inch. If necessary, add a liquid anti-stripping agent from the FDOT’s APL or hydrated lime in order to meet these criteria. In lieu of moisture susceptibility testing, add a liquid anti-stripping agent from the FDOT’s APL. Add 0.5% liquid anti-stripping agent by weight of asphalt binder. 334-3.2.6 Additional Information: In addition to the requirements listed above, provide the following information on each mix design: 1. The design traffic level and the design number of gyrations (Ndesign). 2. The source and description of the materials to be used. 3. The FDOT source number and the FDOT product code of the aggregate components furnished from an FDOT approved source (if required). 4. The gradation and proportions of the raw materials as intended to be combined in the paving mixture. The gradation of the component materials shall be representative of the material at the time of use. Compensate for any change in aggregate gradation caused by handling and processing as necessary. 5. A single percentage of the combined mineral aggregate passing each specified sieve. Degradation of the aggregate due to processing (particularly material passing the No. 200 sieve) should be accounted for and identified. 6. The bulk specific gravity (Gsb) value for each individual aggregate and RAP component. 7. A single percentage of asphalt binder by weight of total mix intended to be incorporated in the completed mixture, shown to the nearest 0.1%. 8. A target temperature for the mixture at the plant (mixing temperature) and a target temperature for the mixture at the roadway (compaction temperature). Do not exceed a target temperature of 330°F for PG 76-22 (PMA) and PG 76-22 (ARB) asphalt binders, and 315°F for unmodified asphalt binders. 9. Provide the physical properties achieved at four different asphalt binder contents. One shall be at the optimum asphalt content, and must conform to all specified physical requirements. 10. The name of the mix designer. 11. The ignition oven calibration factor. 12. The warm mix technology, if used.

334-4 Process Control. Assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. Perform any tests necessary at the plant and roadway to control the process.

334-5 General Construction Requirements. 334-5.1 Weather Limitations: Do not transport asphalt mix from the plant to the roadway unless all weather conditions are suitable for the paving operations.

334-5.2 Limitations of Paving Operations: 334-5.2.1 General: Spread the mixture only when the surface upon which it is to be placed has been previously prepared, is intact, firm, dry, clean, and the tack, with acceptable

spread rate, is properly broken. Ensure all granular base materials are properly primed and all asphalt base materials are properly tacked, prior to paving. 334-5.2.2 Air Temperature: Place the mixture only when the air temperature in

the shade and away from the artificial heat meets the requirements of Table 334-4. The minimum ambient temperature requirement may be reduced by 5°F when using a warm mix

technology, if mutually agreed to by both the Engineer and the Contractor. Table 334-4 Ambient Air Temperature Requirements for Paving

Layer Thickness or Asphalt Binder Type Minimum Temperature (°F)≤1 inch 50

Any mixture > 1 inch containing a PG asphalt binder with a high temperature designation ≥ 76°C

45

Any mixture > 1 inch containing a PG asphalt binder with a high temperature designation < 76°C

40

334-5.3 Mix Temperature: Heat and combine the ingredients of the mix in such a manner as to produce a mixture with a temperature at the plant and at the roadway, within a range of plus or minus 30ºF from the target temperature as shown on the mix design. Reject all loads outside of this range. For warm mix asphalt, the Contractor may produce the first five loads of the production day and at other times when approved by the Engineer, at a hot mix asphalt temperature not to exceed 330°F for purposes of heating the asphalt paver. For these situations, the upper tolerance of +30°F does not apply. 334-5.4 Transportation of the Mixture: Transport the mix in trucks of tight construction, which prevents the loss of material and the excessive loss of heat and previously cleaned of all foreign material. After cleaning, thinly coat the inside surface of the truck bodies with soapy water or an asphalt release agent as needed to prevent the mixture from adhering to the beds. Do not allow excess liquid to pond in the truck body. Do not use a release agent that will contaminate, degrade, or alter the characteristics of the asphalt mix or is hazardous or detrimental to the environment. Petroleum derivatives (such as diesel fuel), solvents, and any product that dissolves asphalt are prohibited. Provide each truck with a tarpaulin or other waterproof cover mounted in such a manner that it can cover the entire load when required. When in place, overlap the waterproof cover on all sides so it can be tied down. Cover each load during cool and cloudy weather and at any time it appears rain is likely during transit with a tarpaulin or waterproof cover. Cover and tie down all loads of friction course mixtures. 334-5.5 Preparation of Surfaces Prior to Paving: 334-5.5.1 Cleaning: Clean the surface of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. 334-5.5.2 Patching and Leveling Courses: As shown in the plans, bring the existing surface to proper grade and cross-section by the application of patching or leveling courses. 334-5.5.3 Application over Surface Treatment: Where an asphalt mix is to be placed over a surface treatment, sweep and dispose of all loose material from the paving area. 334-5.5.4 Tack Coat: Use a rate of application as defined in Table 334-5. Control the rate of application to be within plus or minus 0.01 gallon per square yard of the target application rate. The target application rate may be adjusted by the Engineer to meet specific field conditions. Determine the rate of application as needed to control the operation. When using PG 52-28, multiply the target rate of application by 0.6.

Table 334-5

Tack Coat Application Rates

Asphalt Mixture Type Underlying Pavement Surface Target Tack Rate

(gal/yd2)

Base Course, Structural Course, Dense Graded Friction Course

Newly Constructed Asphalt Layers 0.03 minimum Milled Surface or Oxidized and

Cracked Pavement 0.06

Concrete Pavement 0.08

334-5.6 Placing Mixture: 334-5.6.1 Alignment of Edges: With the exception of pavements placed adjacent to curb and gutter or other true edges, place all pavements by the stringline method to obtain an accurate, uniform alignment of the pavement edge. Control the unsupported pavement edge to ensure that it will not deviate more than plus or minus 1.5 inches from the stringline. 334-5.6.2 Rain and Surface Conditions: Immediately cease transportation of asphalt mixtures from the plant when rain begins at the roadway. Do not place asphalt mixtures while rain is falling, or when there is water on the surface to be covered. Once the rain has stopped and water has been removed from the tacked surface to the satisfaction of the Engineer and the temperature of the mixture caught in transit still meets the requirements as specified in 334-5.3, the Contractor may then place the mixture caught in transit. 334-5.6.3 Checking Depth of Layer: Check the depth of each layer at frequent intervals to ensure a uniform spread rate that will meet the requirements of the Contract. 334-5.6.4 Hand Work: In limited areas where the use of the spreader is impossible or impracticable, spread and finish the mixture by hand. 334-5.6.5 Spreading and Finishing: Upon arrival, dump the mixture in the approved paver, and immediately spread and strike-off the mixture to the full width required, and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, is secured. Carry a uniform amount of mixture ahead of the screed at all times. 334-5.6.6 Thickness Control: Ensure the spread rate is within 10% of the target spread rate, as indicated in the Contract. When calculating the spread rate, use, at a minimum, an average of five truckloads of mix. When the average spread rate is beyond plus or minus 10% of the target spread rate, monitor the thickness of the pavement layer closely and adjust the construction operations. If the Contractor fails to maintain an average spread rate within plus or minus 10% of the target spread rate for two consecutive days, the Engineer may elect to stop the construction operation at any time until the issue is resolved. When the average spread rate for the total structural or friction course pavement thickness exceeds the target spread rate by plus or minus50 pounds per square yard for layers greater than or equal to 2.5 inches or exceeds the target spread rate by plus or minus 25 pounds per square yard for layers less than 2.5 inches, address the unacceptable pavement in accordance with 334-5.10.4, unless an alternative approach is agreed upon by the Engineer.

334-5.7 Leveling Courses: 334-5.7.1 Patching Depressions: Before spreading any leveling course, fill all depressions in the existing surface as shown in the plans. 334-5.7.2 Spreading Leveling Courses: Place all courses of leveling with an asphalt paver or by the use of two motor graders, one being equipped with a spreader box. Other types of leveling devices may be used upon approval by the Engineer. 334-5.7.3 Rate of Application: When using Type SP-9.5for leveling, do not allow the average spread of a layer to be less than 50 pounds per square yard or more than 75 pounds per square yard. The quantity of mix for leveling shown in the plans represents the average for the entire project; however, the Contractor may vary the rate of application throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require placing all the leveling mix prior to the widening operation. 334-5.8 Compaction: For each paving or leveling train in operation, furnish a separate set of rollers, with their operators. When density testing for acceptance is required, select equipment, sequence, and coverage of rolling to meet the specified density requirement. Regardless of the rolling procedure used, complete the final rolling before the surface temperature of the pavement drops to the extent that effective compaction may not be achieved or the rollers begin to damage the pavement. When density testing for acceptance is not required, use a rolling pattern approved by the Engineer. Use hand tamps or other satisfactory means to compact areas which are inaccessible to a roller, such as areas adjacent to curbs, headers, gutters, bridges, manholes, etc. 334-5.9 Joints. 334-5.9.1 Transverse Joints: Construct smooth transverse joints, which are within 3/16 inch of a true longitudinal profile when measured with a 15 foot manual straightedge meeting the requirements of FDOT Test Method FM 5-509. These requirements are waived for transverse joints at the beginning and end of the project and at the beginning and end of bridge structures, if the deficiencies are caused by factors beyond the control of the Contractor such as no milling requirement, as determined by the Engineer. When smoothness requirements are waived, construct a reasonably smooth transitional joint. 334-5.9.2 Longitudinal Joints: For all layers of pavement except the leveling course, place each layer so that longitudinal construction joints are offset 6 to 12 inches laterally between successive layers. Do not construct longitudinal joints in the wheel paths. The Engineer may waive these requirements where offsetting is not feasible due to the sequence of construction. 334-5.10 Surface Requirements: Construct a smooth pavement with good surface texture and the proper cross slope.

334-5.10.1 Texture of the Finished Surface of Paving Layers: Produce a finished surface of uniform texture and compaction with no pulled, torn, raveled, crushed or loosened portions and free of segregation, bleeding, flushing, sand streaks, sand spots, or ripples. Correct any area of the surface that does not meet the foregoing requirements in accordance with 334-5.10.4.

In areas not defined to be a density testing exception per 334-6.4.1, obtain for the Engineer, three 6 inch diameter roadway cores at locations visually identified by the Engineer to be segregated. The Engineer will determine the density of each core in accordance with FDOT

Test Method FM 1-T 166 and calculate the percent Gmm of the segregated area using the average Gmb of the roadway cores and the representative PC Gmm for the questionable material. If the average percent Gmm is less than 90.0, address the segregated area in accordance with 334-5.10.4. 334-5.10.2 Cross Slope: Construct a pavement surface with cross slopes in compliance with the requirements of the Contract Documents. 334-5.10.3 Pavement Smoothness: Construct a smooth pavement meeting the requirements of this Specification. Furnish a 15 foot manual and a 15 foot rolling straightedge meeting the requirements of FDOT Test Method FM 5-509. 334-5.10.3.1 Straightedge Testing: 334-5.10.3.1.1 Acceptance Testing: Perform straightedge testing in the outside wheel path of each lane for the final (top) layer of the pavement. Test all pavement lanes where the width is constant using a rolling straightedge and document all deficiencies on a form approved by the Engineer. Notify the Engineer of the location and time of all straightedge testing a minimum of 48 hours before beginning testing.

334-5.10.3.1.2 Final (Top) Pavement Layer: At the completion of all paving operations, straightedge the final (top) layer either behind the final roller of the paving train or as a separate operation. Address all deficiencies in excess of 3/16 inch in accordance with 334-5.10.4, unless waived by the Engineer. Retest all corrected areas.

334-5.10.3.1.3 Straightedge Exceptions: Straightedge testing will not be required in the following areas: shoulders, intersections, tapers, crossovers, sidewalks, shared use paths, parking lots and similar areas, or in the following areas when they are less than 250 feet in length: turn lanes, acceleration/deceleration lanes and side streets. The limits of the intersection will be from stop bar to stop bar for both the mainline and side streets. In the event the Engineer identifies a surface irregularity in the above areas that is determined to be objectionable, straightedge and address all deficiencies in excess of 3/8 inch in accordance with 334-5.10.4.

334-5.10.4 Correcting Unacceptable Pavement: Correct deficiencies in the pavement layer by removing and replacing the full depth of the layer, extending a minimum of 50 feet on both sides (where possible) of the defective area for the full width of the paving lane, at no additional cost.

334-6 Acceptance of the Mixture. 334-6.1 General: The asphalt mixture will be accepted based on the Asphalt Work Category as defined below: 1. Asphalt Work Category 1 – Certification by the Contractor as defined in 334-6.2. 2. Asphalt Work Category 2 – Certification and process control testing by the Contractor as defined in 334-6.3. 3. Asphalt Work Category 3 – Process control testing by the Contractor and acceptance testing by the Engineer as defined in 334-6.4. 334-6.2 Certification by the Contractor: On Asphalt Work Category 1 construction, the Engineer will accept the mix on the basis of visual inspection. Submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project meets the requirements of the Specifications. The Engineer may run independent tests to determine the acceptability of the material.

334-6.3 Certification and Process Control Testing by the Contractor: On Asphalt Work Category 2 construction, submit a Notarized Certification of Specification Compliance letter on company letterhead to the Engineer stating that all material produced and placed on the project meets the requirements of the Specifications, along with supporting test data documenting all process control testing as described in 334-6.3.1. If required by the Contract, utilize an Independent Laboratory as approved by the Engineer for the process control testing. The mix will also require visual acceptance by the Engineer. In addition, the Engineer may run independent tests to determine the acceptability of the material. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer such as but not limited to acceptance at reduced pay, delineation testing to determine the limits of the questionable material, removal and replacement at no cost to the agency, or performing an Engineering analysis to determine the final disposition of the material. 334-6.3.1 Process Control Sampling and Testing Requirements: Perform process control testing at a frequency of once per day. Obtain the samples in accordance with FDOT Method FM 1-T 168. Test the mixture at the plant for gradation (P-8 and P-200) and asphalt binder content (Pb). Measure the roadway density with 6 inch diameter roadway cores at a minimum frequency of once per 1,500 feet of pavement with a minimum of three cores per day. Determine the asphalt binder content of the mixture in accordance with FDOT Method FM 5-563. Determine the gradation of the recovered aggregate in accordance with FDOT Method FM 1-T 030. Determine the roadway density in accordance with FDOT Method FM 1-T 166. The minimum roadway density will be based on the percent of the maximum specific gravity (Gmm) from the approved mix design. If the Contractor or Engineer suspects that the mix design Gmm is no longer representative of the asphalt mixture being produced, then a new Gmm value will be determined from plant-produced mix, in accordance with FDOT Method FM 1-T 209, with the approval of the Engineer. Roadway density testing will not be required in certain situations as described in 334-6.4.1. Assure that the asphalt binder content, gradation and density test results meet the criteria in Table 334-4.

Table 334-4 Process Control and Acceptance Values

Characteristic Tolerance Asphalt Binder Content (percent) Target ± 0.55

Passing No. 8 Sieve (percent) Target ± 6.00 Passing No. 200 Sieve (percent) Target ± 2.00

Roadway Density (daily average) Minimum 90.0% of Gmm 334-6.4 Process Control Testing by the Contractor and Acceptance Testing by the Engineer: On Asphalt Work Category 3, perform process control testing as described in 334-6.3.1. In addition, the Engineer will accept the mixture at the plant with respect to gradation (P-8 and P-200) and asphalt binder content (Pb). The mixture will be accepted on the roadway with respect to density. The Engineer will sample and test the material as described in 334-6.3.1. The Engineer will randomly obtain at least one set of samples per day. Assure that the asphalt content, gradation and density test results meet the criteria in Table 334-4. Material failing to meet these acceptance criteria will be addressed as directed by the Engineer such as but not limited to acceptance at reduced pay, delineation testing to determine the limits of the

questionable material, removal and replacement at no cost to the agency, or performing an Engineering analysis to determine the final disposition of the material. 334-6.4.1 Acceptance Testing Exceptions: When the total quantity of any mix type in the project is less than 500 tons, the Engineer will accept the mix on the basis of visual inspection. The Engineer may run independent tests to determine the acceptability of the material. Density testing for acceptance will not be performed on widening strips or shoulders with a width of 5 feet or less, variable thickness overbuild courses, leveling courses, any asphalt layer placed on subgrade (regardless of type), miscellaneous asphalt pavement, shared use paths, crossovers, or any course with a specified thickness less than 1 inch or a specified spread rate less than 100 pounds per square yard. Density testing for acceptance will not be performed on asphalt courses placed on bridge decks or approach slabs; compact these courses in static mode only. In addition, density testing for acceptance will not be performed on the following areas when they are less than 1,000 feet continuous in length: turning lanes, acceleration lanes, deceleration lanes, shoulders, parallel parking lanes, or ramps. Density testing for acceptance will not be performed in intersections. The limits of the intersection will be from stop bar to stop bar for both the mainline and side streets. Compact these courses in accordance with a standard rolling procedure approved by the Engineer. In the event that the rolling procedure deviates from the approved procedure, placement of the mix will be stopped.

334-7 Method of Measurement. For the work specified under this Section, the quantity to be paid for will be the weight of the mixture, in tons. The bid price for the asphalt mix will include the cost of the liquid asphalt and the tack coat application as specified in 334-5.5.4. There will be no separate payment or unit price adjustment for the asphalt binder material in the asphalt mix.

334-8 Basis of Payment. 334-8.1 General: Price and payment will be full compensation for all the work specified under this Section.

CONCRETE FOR LAP (OFF-SYSTEM).

(REV 12-20-11) (FA 2-27-12)

SECTION 344 CONCRETE FOR LAP (OFF-SYSTEM)

344-1 Description. 344-1 General: Construct concrete based on the type of work as described in the Contract and the concrete work categories as defined below. 344-1.2 Work Categories: Construction will fall into one of the following concrete work categories: 344-1.2.1 Concrete Work Category 1: Includes the construction of sidewalks, curb and gutter, ditch and slope pavement, or other non-reinforced cast-in- place elements. 344-1.2.2 Concrete Work Category 2: Includes the construction of precast concrete including concrete barriers, traffic railing barriers, parapets, sound barriers, inlets, manholes, junction boxes, pipe culverts, storm sewers, box culverts, prestressed concrete poles, concrete bases for light poles, highway sign foundations, retaining wall systems, traffic separators or other structural precast elements. 344-1.2.3 Concrete Work Category 3: Includes the work associated with the placement and/or construction of structural cast-in-place concrete meeting the requirements of this section.

344-2 Materials. 344-2.1 General: Use concrete composed of a mixture of Portland cement, aggregates, and water, with or without chemical or mineral admixtures that meet the following requirements: 344-2.1.1 Portland Cement: Portland cements meeting the requirements of AASHTO M-85 or ASTM C-150 is required. Different brands of cement, cement of the same brand from different facilities or different types of cement shall be stored separately and shall not be mixed. 344-2.1.2 Coarse and Fine Aggregates: Aggregates shall meet ASTM C 33. Source approval by the FDOT is not required. 344-2.1.3 Water: Water shall meet the requirements of ASTM C 1602. 344-2.1.4 Chemical Admixtures: Chemical admixtures shall be listed on the FDOT Qualified Products List. Admixtures may be added at the dosage rates recommended by the manufacturer. 344-2.1.5 Pozzolans and Slag: Pozzolans and Slag shall meet the requirements of Table 344-1. Fly ash shall not include the residue resulting from the burning of municipal garbage or any other refuse with coal, or the burning of industrial or municipal garbage in incinerators.

Table 344-1 Type or Class Test Method Exceptions

Class C Fly Ash ASTM C 618 Not to be used with Types IP or IS cements. Class F Fly Ash ASTM C 618 Not to be used with Types IP or IS cements.

Petroleum Coke Class F

ASTM C 618 Not to be used with Types IP or IS cements.

Bark Ash Class F ASTM C 618 Not to be used with Types IP or IS cements. Silica Fume ASTM C 1240 Metakaolin ASTM C 618

Slag ASTM C 989Use only ground granulated blast-furnace slag grade 100 or

120. Ultra Fine Fly Ash ASTM C 618 Not to be used with Types IP or IS cements.

344-3 Production, Mixing and Delivery of Concrete. 344-3.1 Concrete Production Requirements: 344-3.1.1 Category 1: Use a concrete production facility that is certified by the National Ready Mixed Concrete Association (NRMCA) or listed on the FDOT list of non-structural concrete producers. Concrete production facilities listed on the FDOT Producers with Accepted QC Programs list for structural concrete may also be used for Category 1. 344-3.1.2 Category 2: Use a prestressed and or precast facility listed on the FDOT Producers with Accepted QC Programs for precast or prestressed concrete. 344-3.1.3 Category 3: Use a structural concrete facility listed on the FDOT Producers with Accepted QC Programs for structural concrete. 344-3.2 Classes of Concrete: Meet the requirements of Table 344-2.

Table 344-2

Class Minimum

Strength (28 day) (psi)

Target Slump

(inches)

Target Range

(inches)

Air Content Range (%)

Minimum Total Cementitious

Materials Content (lb/yd3)

Maximum Water to Cementitious Material Ratio

(lb/lb) Category 1

Class NS 2,500 N/A N/A N/A N/A N/A Category 3

I 3,000 3 ± 1.5 1.0 to 6.0 470 0.53 I (Pavement) 3,000 2 ± 1.5 1.0 to 6.0 470 0.50

II 3,400 3 ± 1.5 1.0 to 6.0 470 0.53 II (Bridge

Deck) 4,500 3 ± 1.5 1.0 to 6.0 611 0.44

III 5,000 3 ± 1.5 1.0 to 6.0 611 0.44 III (Seal) 3,000 8 ± 1.5 1.0 to 6.0 611 0.53

IV 5,500 3 ± 1.5 1.0 to 6.0 658 0.41 IV (Drilled

Shaft) 4,000 8.5 ± 1.5 0.0 to 6.0 658 0.41

V (Special) 6,000 3 ± 1.5 1.0 to 6.0 752 0.37 V 6,500 3 ± 1.5 1.0 to 6.0 752 0.37 VI 8,500 3 ± 1.5 1.0 to 6.0 752 0.37

344-3.3 Contractors Quality Control: For Categories 1 and 2, assume full responsibility for controlling all operations and processes such that the requirements of these Specifications are met at all times. For Category 3, furnish a Quality Control (QC) plan to identify to the Engineer how quality will be ensured at the project site. During random inspections, the Engineer will use this document to verify that the construction of the project is in agreement with the QC plan.

344-3.4 Concrete Mix Design: Before producing any Category 1 or Category 2, submit the proposed mix designs to the Engineer on a form provided by the Engineer. For Category 3, submit to the Engineer for approval, FDOT approved mix designs. Do not use concrete mix designs without prior approval of the Engineer. Materials may be adjusted provided that the theoretical yield requirement of the approved mix design is met. Show all required original approved design mix data and batch adjustments on an Engineer approved concrete delivery ticket. 344-3.5 Delivery: For Category 3, the maximum allowable transit time of concrete is 90 minutes. Furnish a delivery ticket on a form approved by the Engineer with each batch of concrete before unloading at the placement site. Record material quantities incorporated into the mix on the delivery ticket. Ensure that the Batcher responsible for producing the concrete signs the delivery ticket certifying that the batch was produced and delivered in accordance with these requirements. Sign the delivery ticket certifying that the concrete was placed in accordance with these requirements. 344-3.6 Placing Concrete: 344-3.6.1 Concreting in Cold Weather: Do not mix or place concrete when the air temperature at placement is below 45°F. During the curing period, if NOAA predicts the ambient temperature to fall below 35°F for 12 hours or more or to fall below 30°F for more than 4 hours, enclose the structure in such a way that the air temperature within the enclosure can be kept above 50°F for a period of 3 days after placing the concrete or until the concrete reaches a minimum compressive strength of 1,500 psi. Assume all risks connected with the placing and curing of concrete. Although the Engineer may give permission to place concrete, the Contractor is responsible for satisfactory results. If the placed concrete is determined to be unsatisfactory, remove, dispose of, and replace the concrete at no expense to the Agency. 344-3.6.2 Concreting in Hot Weather: For Category 3, hot weather concreting is defined as the production, placing and curing of concrete when the concrete temperature at placing exceeds 86ºF but is less than 100ºF. Unless the specified hot weather concreting measures are in effect, reject concrete exceeding 86ºF at the time of placement. Regardless of special measures taken, reject concrete exceeding 100ºF. Predict the concrete temperatures at placement time and implement hot weather measures to avoid production shutdown. 344-3.7 Mixers: For Category 3 concrete, do not place concrete from a truck mixer that does not have a current FDOT mixer identification card. 344-3.8 Small Quantities of Concrete: With approval of the Engineer, small quantities of concrete, less than 3 cubic yards placed in one day and less than 0.5 cubic yards placed in a single placement may be accepted using a pre-bagged mixture. The Engineer may verify that the pre-bagged mixture is prepared in accordance with the manufacturer’s recommendations and will meet the requirements of this Specification. 344-3.9 Sampling and Testing: 344-3.9.1 Category 1: The Engineer may sample and test the concrete to verify its quality. The minimum 28 day compressive strength requirement for this concrete is 2,500 psi. 344-3.9.2: Category 2: No sampling and testing is required for category 2.

344-3.9.3 Category 3: The Engineer will randomly select a sample from each 200 cubic yards or one day’s production to determine plastic properties and to make three 4 x 8 inch cylinders for testing by the Engineer at 28 days to ensure that the design compressive strength has been met for the class of concrete as specified in Table 344-2. 344-3.10 Records: Ensure the following records are available for review for at least 3 years after final acceptance of the project: 1. Approved concrete mix designs. 2. Materials source (delivery tickets, certifications, certified mill test reports). 3. A copy of the scale company or testing agency report showing the observed deviations from quantities checked during calibration of the scales and meters. 4. A copy of the documentation certifying the admixture weighing/measuring devices.

344-4 Acceptance of the Work. 344-4.1 Category 1 Work: Category 1 work will be accepted based on certification by the batcher and contractor on the delivery ticket. 344-4.2 Category 2 Work: Certify that the precast elements were produced by a production facility on the FDOT’s list of Producers with Accepted QC Programs for precast or prestressed concrete. In addition, the producer’s logo shall be stamped on the element. The producer shall not use the Florida Department of Transportation QC stamp on elements used on this project. Provide a statement of certification from the manufacturer of the precast element that the element meets the requirements of this Specification. 344-4.3 Category 3 Work: Category 3 concrete will be accepted based on the Engineer’s test results for plastic properties and compressive strength requirements for the class of concrete as defined in Table 344-2. In addition, a Delivery Ticket as described in 344-3.5 will be required for acceptance of the material at the project site. 344-4.4 Small Quantities of Concrete: Category 3 concrete meeting the definition of 344-3.8 will be accepted in accordance with 344-4.3 based on test results for plastic properties and compressive strength.

344-5 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted.

344-6 Basis of Payment. Prices and payments will be full compensation for all work and materials specified in this Section.

LANDSCAPE INSTALLATION FOR LAP (OFF-SYSTEM).

(REV 4-5-11) (FA 4-15-11)

SECTION 580 LANDSCAPE INSTALLATION FOR LAP (OFF-SYSTEM)

580-1 Description. Plant trees and shrubs of the species, size, and quality indicated in the plans. The Engineer reserves the right to adjust the number and location of any of the designated types and species to be used at any of the locations shown, in order to provide for any unanticipated effects which might become apparent after the substantial completion of other phases of the project, or for other causes.

580-2 Materials. 580-2.1 Plants: 580-2.1.1 Authority for Nomenclature; Species, etc.: For the designated authority in the identification of all plant material, refer to two publications of L.H. Bailey: “Hortus III” and “Manual of Cultivated Plants,” and ensure that all specimens are true to type, name, etc., as described therein. For the standard nomenclature, refer to the publication of the American Joint Committee on Horticultural Nomenclature, “Standardized Plant Names.” 580-2.1.2 Grade Standards and Conformity with Type and Species: Only use nursery grown plant material except where specified as Collected Material. Use nursery grown plant material that complies with all required inspection, grading standards, and plant regulations in accordance with the latest edition of the Florida Department of Agriculture’s “Grades and Standards for Nursery Plants”. Except where a lesser grade might be specifically specified in the plans, ensure that the minimum grade for all trees and shrubs is Florida No. 1. Ensure that all plants are the proper size and grade at the time of delivery to the site, throughout the project construction period and during any designated plant establishment period. Ensure that plant materials are true to type and species and that any plant materials not specifically covered in Florida Department of Agriculture’s “Grades and Standards for Nursery Plants” conform in type and species with the standards and designations in general acceptance by Florida nurseries. Ensure that plant materials are shipped with tags stating the botanical and common name of the plant. 580-2.1.3 Inspection and Transporting: Move nursery stock in accordance with all Federal and State regulations therefor, and accompany each shipment with the required inspection certificates for filing with the Engineer. 580-2.2 Water: Water used in landscaping operations may be obtained from any approved source. Ensure that water is free of any substance which might be detrimental to plant growth. The use of effluent water is subject to approval and must meet all Federal, State and Local requirements.

580-3 Specific Requirements for the Various Plant Designations. 580-3.1 Balled-and-Burlapped Plants (B&B), and Wired Balled-and-Burlapped (WB & B): 580-3.1.1 General: Properly protect the root ball of these plants until planting them. The Engineer may reject any plant which shows evidence of having been mishandled. Set the B&B and WB&B plants then remove the top 2/3 of all wire, rope, and binding surrounding the plant. Remove the burlap from the top 4 inches of the root ball. Do not disturb the root ball in any way. Bare root material is not allowed for substitution. At least 90 days before digging out B & B and WB & B plants, root-prune those 1 1/2 inches or greater in diameter and certify such fact on accompanying invoices. 580-3.1.2 Provisions for Wiring: For plants grown in soil of a loose texture, which does not readily adhere to the root system (and especially in the case of large plants or trees), the Engineer may require WB & B plants. For WB & B plants, before removing the plant from the excavated hole, place sound hog wire around the burlapped ball, and loop and tension it until the tightened wire netting substantially packages the burlapped ball such as to prevent disturbing of the loose soil around the roots during handling. 580-3.2 Container-Grown Plants (CG): The Engineer will not accept any CG plants with roots which have become pot-bound or for which the top system is too large for the size of the container. Fully cut and open all containers in a manner that will not damage the root system. Do not remove CG plants from the container until immediately before planting to prevent damage to the root system. 580-3.3 Collected Plants (Trees and Shrubs) (C): Use C plants which have a root ball according to “Florida Grades and Standards for Nursery Plants”. Do not plant any C plant before the Engineer’s inspection and acceptance at the planting site. 580-3.4 Collected Plants (Herbaceous) (HC): The root mass and vegetative portions of collected herbaceous plants shall be as large as the specified container-grown equivalent. Do not plant any collected plant before inspection and acceptance by the Engineer. 580-3.5 Specimen Plants (Special Grade): When Specimen (or Special Grade) plants are required, label them as such on the plant list, and tag the plant to be furnished. 580-3.6 Palms: Wrap the roots of all plants of the palm species before transporting, except if they are CG plants and ensure that they have an adequate root ball structure and mass for healthy transplantation as defined in “Florida Grades and Standards for Nursery Plants”. The Engineer will not require burlapping if the palm is carefully dug from marl or heavy soil that adheres to the roots and retains its shape without crumbling. During transporting and after arrival, carefully protect root balls of palms from wind and exposure to the sun. Muck grown palms are not allowed. After delivery to the job site, if not planting the palm within 24 hours, cover the root ball with a moist material. Plant all palms within 48 hours of delivery to the site. Move sabal and coconut palms in accordance with the “Florida Grades and Standards for Nursery Plants.” 580-3.7 Substitution of Container-Grown (CG) Plants: With the Engineer’s approval, the Contractor may substitute CG plants for any other root classification types, if he has met all other requirements of the Contract Documents.

580-4 Planting Requirements. 580-4.1 Layout: Prior to any excavation or planting, mark all planting beds and individual locations of palms, trees, large shrubs and proposed art and architectural structures, as shown in the plans, on the ground with a common bright orange colored spray paint, or with other approved methods, within the project limits. Obtain the Engineer’s approval and make necessary utility clearance requests. 580-4.2 Excavation of Plant Holes: Excavate plant holes after an area around the plant three times the size of the root ball has been tilled to a depth of the root ball. Ensure that the plant hole is made in the center of the tilled area only to the depth of the plant root ball. Where excess material has been excavated from the plant hole, use the excavated material to backfill to proper level. 580-4.3 Setting of Plants: Center plants in the hole. Lower the plant into the hole so that it rests on a prepared hole bottom such that the roots are level with, or slightly above, the level of their previous growth and so oriented such as to present the best appearance. Backfill with native soil, unless otherwise specified on the plans. Firmly rod and water-in the backfill so that no air pockets remain. Apply a sufficient quantity of water immediately upon planting to thoroughly moisten all of the backfilled earth. Keep plants in a moistened condition for the duration of the planting period. When so directed, form a water ring 6 inches in width to make a water collecting basin with an inside diameter equal to the diameter of the excavated hole. Maintain the water ring in an acceptable condition. 580-4.4 Special Bed Preparation: Where multiple or mass plantings are to be made in extended bedding areas, and the plans specify Special Bed Preparation, prepare the planting beds as follows: Remove all vegetation from within the area of the planting bed and excavate the surface soil to a depth of 6 inches. Backfill the excavated area with peat, sand, finish soil layer material or other material to the elevation of the original surface. Till the entire area to provide a loose, friable mixture to a depth of at least 8 inches. Level the bed only slightly above the adjacent ground level. Then mulch the entire bedding area, in accordance with 580-8.

580-5 Staking and Guying. 580-5.1 General: When specified in the plans, or as directed by the Engineer, stake plants in accordance with the following. Use wide plastic, rubber or other flexible strapping materials to support the tree to stakes or ground anchors that will give as the tree moves in any direction up to 30 degrees. Do not use rope or wire through a hose. Use guy chords, hose or any other thin bracing or anchorage material which has a minimum 12 inches length of high visibility flagging tape secured to guys, midway between the tree and stakes for safety. Stake trees larger than 1 inch diameter and smaller than 2 inches diameter with a 2 by 2 inch stake, set at least 2 feet in the ground and extending to the crown of the plant. Firmly fasten the plant to the stake with flexible strapping materials as noted above. 580-5.2 Trees of 2 to 3 1/2 inches [50 to 90 mm] Caliper: Stake all trees, other than palm trees, larger than 2 inches caliper and smaller than 3 1/2 inches caliper with two 2 by 4 inch stakes, 8 feet long, set 2 feet in the ground. Place the tree midway between the stakes and hold it firmly in place by flexible strapping materials as noted above.

580-5.3 Large Trees: Guy all trees, other than palm trees, larger than 3 1/2 inches caliper, from at least three points, with flexible strapping materials as noted above. Anchor flexible strapping to 2 by 4 by 24 inch stakes, driven into the ground such that the top of the stake is at least 3 inches below the finished ground. 580-5.4 Special Requirements for Palm Trees: Brace palms which are to be staked with three 2 by 4 inch wood braces, toe-nailed to cleats which are securely banded at two points to the palm, at a point one third the height of the trunk. Pad the trunk with five layers of burlap under the cleats. Place braces approximately 120 degrees apart and secure them underground by 2 by 4 by 12 inch stake pads.

580-6 Tree Protection and Root Barriers. Install tree barricades when called for in the Contract Documents or by the Engineer to protect existing trees from damage during project construction. Place barricades at the drip line of the tree foliage or as far from the base of the tree trunk as possible. Barricades shall be able to withstand bumps by heavy equipment and trucks. Maintain barricades in good condition. When called for in the Contract Documents, install root barriers or fabrics in accordance with the details shown.

580-7 Pruning. Prune all broken or damaged roots and limbs in accordance with established arboriculture practices. When pruning is completed ensure that all remaining wood is alive. Do not reduce the size or quality of the plant below the minimum specified.

580-8 Mulching. Uniformly apply mulch material, consisting of wood chips (no Cypress Mulch is allowed), pine straw, compost, or other suitable material approved by the Engineer, to a minimum loose thickness of 3 inches over the entire area of the backfilled hole or bed within two days after the planting. Maintain the mulch continuously in place until the time of final inspection.

580-9 Disposal of Surplus Materials and Debris. Dispose of surplus excavated material from plant holes by scattering or otherwise as might be directed so that it is not readily visible or conspicuous to the passing motorist or pedestrian. Remove all debris and other objectionable material from the site and clean up the entire area and leave it in neat condition.

580-10 Contractor’s Responsibility for Condition of the Plantings. Ensure that the plants are kept watered, that the staking and guying is kept adjusted as necessary, that all planting areas and beds are kept free of weeds and undesirable plant growth and that the plants are maintained so that they are healthy, vigorous, and undamaged at the time of acceptance.

580-11 Plant Establishment Period. If the Contract Documents designate a Plant Establishment Period, assume responsibility for the proper maintenance, survival and condition of all landscape items during such period at no additional cost.

580-12 Method of Measurement. The quantities to be paid for will be the items shown in the plans, completed and accepted.

580-13 Basis of Payment. Prices and payments will be full compensation for all work specified in this Section.

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FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS

I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act

Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water

Pollution Control Act X. Compliance with Governmentwide Suspension and

Debarment Requirements XI. Certification Regarding Use of Contract Funds for

Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, 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.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: 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 (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under

jpapa

Text Box

LAP Requirement # 13

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this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 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 contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement:

"It 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, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program 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. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all 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 locating and hiring minorities and women.

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 having a large circulation among minorities and women in the area from which the project work force would normally be derived.

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 minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women 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, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such 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 all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its 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 other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are

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applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

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. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

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 employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as 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 contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of 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 minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar

with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. 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. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference.

b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. 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 the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following: (1) The number and work hours 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; and

(3) The progress and efforts being made in locating, hiring,

training, qualifying, and upgrading minorities and women;

b. The contractors and subcontractors will submit an annual report to the contracting agency each July 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-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor

http://www.fhwa.dot.gov/eforms/

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will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages

a. All laborers and mechanics 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 issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions

of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly 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 29 CFR 5.5(a)(4). 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. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) 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.

b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(ii) The classification is utilized in the area by the construction industry; and

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an 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.

(3) In the event the contractor, the laborers or mechanics to be employed in the 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. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or

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will notify the contracting officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic 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.

2. Withholding

The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor 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, so 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 contracting agency 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.

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) 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 1(b)(2)(B) of the Davis-

Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency..

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, 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 Regulations, 29 CFR part 3;

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

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(3) 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 3.b.(2) of this section.

(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action 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.

4. Apprentices and trainees

a. Apprentices (programs of the USDOL).

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 U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen 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 worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on 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 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's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

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 journeymen hourly

rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as 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 U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman 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 Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan 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.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

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d. 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 construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 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 U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (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 or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys 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 same 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 (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

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VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 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 contracting agency. 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 635.116).

a. The term “perform work with its own organization” refers to workers employed or leased by 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 subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;

(2) the prime contractor remains responsible for the quality of the work of the leased employees;

(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and

(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.

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 or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI 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) a 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 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 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 contracting agency has assured that each subcontract is

evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the 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 are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v i s i o n i s applicable to all Federal-aid construction contracts and to all related subcontracts. 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 a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows:

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"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim 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 construction 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 in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier 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 first tier 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 to enter into this transaction. However, failure of the prospective first tier 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 contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier 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," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first 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 entering into this transaction. g. The prospective first tier 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 Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

https://www.epls.gov/

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i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 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 Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) 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. If 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. 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," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). 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 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 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 is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. 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 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 Government, the

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department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 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 participating in covered transactions 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. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (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 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 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. If 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.

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ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

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APPENDICES A and E During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the “Contractor”) agrees as follows: (1.) Compliance with Regulations: The Contractor shall comply with the Regulations relative to

nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (hereinafter, “USDOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

(2.) Nondiscrimination: The Contractor, with regard to the work performed during the contract,

shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or family status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

(3.) Solicitations for Subcontractors, including Procurements of Materials and Equipment:

In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment; each potential subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the basis of race, color, national origin, sex, age, disability, religion or family status.

(4.) Information and Reports: The Contractor shall provide all information and reports required

by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florida Department of Transportation, the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

(5.) Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the

nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:

a. withholding of payments to the Contractor under the contract until the Contractor

complies, and/or b. cancellation, termination or suspension of the contract, in whole or in part.

(6.) Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1)

through (7) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Florida Department of Transportation, the Federal Highway Administration, Federal Transit

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Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. In the event a Contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the Contractor may request the Florida Department of Transportation to enter into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

SECTION 4 SCOPE OF THE WORK

4-1 Intent of Contract. The intent of the Contract is to provide for the construction and completion in every detail of the work described in the Contract. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Contract Documents.

4-2 Work not covered by Standard Specifications. Proposed construction and any contractual requirements not covered by these Standard Specifications may be covered by Contract Plan notes or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such Supplemental Specifications or Special Provisions shall be considered as a part of these Specifications.

4-3 Alteration of Plans or of Character of Work. 4-3.1 General: The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. The term “significant change” applies only when: (a) The Engineer determines that the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or (b) A major item of work, as defined in 1-3, is increased in excess of 125% or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in accordance with 4-3.2 below. In the case of a decrease below 75% the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity. In (a) above, the determination by the Engineer shall be conclusive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish by clear and convincing proof that the determination by the Engineer was without any reasonable basis. 4-3.2 Increase, Decrease or Alteration in the Work: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety. Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5-12.2 for preservation, presentation and

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resolution of the claim, the Contractor may at any time, after having otherwise timely provided a notice of intent to claim or preliminary time extension request pursuant to 5-12.2 and 8-7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other dispute resolution proposal. The Contractor shall in any request for equitable adjustment of compensation, time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the request is made in good faith, that any supportive data provided are accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the Department’s responsibility. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5-12.14. While the submittal or review of a duly certified request for equitable adjustment shall neither create, modify, nor activate any legal rights or obligations as to the Contractor or the Department, the Department will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal, with any further action or inaction by the Department thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the Department. The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided below. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work (but not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1. 4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and, at the Engineer’s sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner: (a) Labor and Burden: The Contractor will receive payment for actual costs of direct labor and burden for the additional or unforeseen work. Labor includes foremen actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager’s position, shall only be for the pro-rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. Payment for burden shall be limited solely to the following:

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Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation benefits Actual

Retirement benefits Actual

Workers Compensation

Rates based on the National Council on Compensation Insurance basic rate tables adjusted by Contractor’s actual experience modification factor in effect at the time of the additional work or unforeseen work.

Per Diem Actual but not to exceed State of Florida’s rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.). At the Pre-construction conference, certify to the Engineer the following: (1) A listing of on-site clerical staff, supervisory personnel and their pro-rated time assigned to the contract, (2) Actual Rate for items listed in Table 4-3.2.1, (3) Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, (4) Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. (b) Materials and Supplies: For materials accepted by the Engineer and used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipment as hereinafter set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies. (c) Equipment: For any machinery or special equipment (other than small tools), including fuel and lubricant, the Contractor will receive 100% of the “Rental Rate Blue Book” for the actual time that such equipment is in operation on the work, and 50% of the “Rental Rate Blue Book” for the time the equipment is directed to standby and remain on the project site, to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” whichever is applicable, as published by Machinery Information Division of PRIMEDIA

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Information, Inc. (version current at the time of bid), using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the Blue Book. Allowable Equipment Rates will be established as set out below: (1) Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%. (2) Allowable Hourly Operating Cost = Hourly Operating Cost x 100%. (3) Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly Operating Cost. (4) Standby Rate = Allowable Hourly Equipment Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when equipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment will be limited to only that number of hours which, when added to the operating time for that day equals eight hours. Standby payment will not be made on days that are not normally considered work days on the project. The Department will allow for the cost of transporting the equipment to and from the location at which it will be used. If the equipment requires assembly or disassembly for transport, the Department will pay for the time to perform this work at the rate for standby equipment. Equipment may include vehicles utilized only by Labor, as defined above. (d) Indirect Costs, Expenses, and Profit: Compensation for all indirect costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind, whether jobsite, field office, division office, regional office, home office, or otherwise, is expressly limited to the greater of either (1) or (2) below: (1) Solely a mark-up of 17.5% on the payments in (a) through (c), above. (i) Bond: The Contractor will receive compensation for any premium for acquiring a bond for such additional or unforeseen work at the original Contract bond rate paid by the Contractor. No compensation for bond premium will be allowed for additional or unforeseen work paid by the Department via initial contingency pay item. (ii) The Contractor will be allowed a markup of 10% on the first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly related to the additional or unforeseen work. Any such subcontractor mark-up will be allowed only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the markup for any eligible first tier subcontractor to do so. (2) Solely the formula set forth below and only as applied solely as to such number of calendar days of entitlement that are in excess of ten cumulative calendar days as defined below.

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BCAD ×

=

Where A = Original Contract Amount B = Original Contract Time C = 8% D = Average Overhead Per Day Cumulative Calendar Days is defined as the combined total number of calendar days granted as time extensions due to either extra work, excluding overruns to existing contract items, that extend the duration of the project or delay of a controlling work item caused solely by the Department, or the combined total number of calendar days for which a claim of entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined to be in favor of the Contractor. Further, in the event there are concurrent delays to one or more controlling work items, one or more being caused by the Department and one or more being caused by the Contractor, the Contractor shall be entitled to a time extension for each day that a controlling work item is delayed by the Department but shall have no right to nor receive any monetary compensation for any indirect costs for any days of concurrent delay. No compensation, whatsoever, will be paid to the Contractor for any jobsite overhead and other indirect impacts when the total number of calendar days granted for time extension due to delay of a controlling work item caused solely by the Department is, or the total number of calendar days for which entitlement to a time extension due to delay of a controlling work item caused solely by the Department is otherwise ultimately determined in favor of the Contractor to be, equal to or less than ten calendar days and the Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay periods, due to delay of a controlling work item caused solely by the Department, that when combined together are equal to or less than ten calendar days and regardless of whether monetary compensation is otherwise provided for hereunder for one or more calendar days of time extension entitlement for each calendar day exceeding ten calendar days. All calculations under this provision shall exclude weather days, Holidays, and Special Events. 4-3.2.2 Subcontracted Work: Compensation for the additional or unforeseen work performed by a subcontractor shall be limited solely to that provided for in 4-3.2.1 (a), (b), (c) and (d)(1). In addition, the Contractor compensation is expressly limited to the greater of the total provided in either 4-3.2.1(d)(1) or (d)(2), except that the Average Overhead Per-Day calculation is as follows:

BCAsDs ×

=

Where As = Original Contract Amount minus Original Subcontract amounts(s)* B = Original Contract Time C = 8% Ds = Average Overhead Per-Day

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* deduct Original Subcontract Amount(s) of subcontractor(s) performing the work The subcontractor may receive compensation for any premium for acquiring a bond for the additional or unforeseen work; provided, however, that such payment for additional subcontractor bond will only be paid upon presentment to the Department of clear and convincing proof that the subcontractor has actually provided and paid for separate bond premiums for such additional or unforeseen work in such amount and that the subcontractor was required by the Contractor to acquire a bond. The Contractor shall require the subcontractor to provide a certification, in accordance with 4-3.2.1 (a), as part of the cost proposal and provide such to the Engineer. Such certification must be made by an officer or director of the subcontractor with authority to bind the subcontractor. Timely certification is a condition precedent to any right of the Contractor to recover compensation for such subcontractor costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such subcontractor costs. 4-3.3 No Waiver of Contract: Changes made by the Engineer will not be considered to waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work actually performed. All work shall be performed as directed by the Engineer and in accordance with the Contract Documents. 4-3.4 Conditions Requiring a Supplemental Agreement or Unilateral Payment: A Supplemental Agreement or Unilateral Payment will be used to clarify the Plans and Specifications of the Contract; to provide for unforeseen work, grade changes, or alterations in the Plans which could not reasonably have been contemplated or foreseen in the original Plans and Specifications; to change the limits of construction to meet field conditions; to provide a safe and functional connection to an existing pavement; to settle documented Contract claims; to make the project functionally operational in accordance with the intent of the original Contract and subsequent amendments thereto. A Supplemental Agreement or Unilateral Payment may be used to expand the physical limits of the project only to the extent necessary to make the project functionally operational in accordance with the intent of the original Contract. The cost of any such agreement extending the physical limits of the project shall not exceed $100,000 or 10% of the original Contract price, whichever is greater. Perform no work to be covered by a Supplemental Agreement or Unilateral Payment before written authorization is received from the Engineer. The Engineer’s written authorization will set forth sufficient work information to allow the work to begin. The work activities, terms and conditions will be reduced to written Supplemental Agreement or Unilateral Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or Unilateral Payment prior to the Department’s approval of the document. 4-3.5 Extra Work: Extra work authorized in writing by the Engineer will be paid in accordance with the formula in 4-3.2. Such payment will be the full extent of all monetary compensation entitlement due to the Contractor for such extra work. Any entitlement to a time extension due to extra work will be limited solely to that provided for in 4-3.2 for additional work.

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4-3.6 Connections to Existing Pavement, Drives and Walks: Generally adhere to the limits of construction at the beginning and end of the project as detailed in the Plans. However, if the Engineer determines that it is necessary to extend the construction in order to make suitable connections to existing pavement, the Engineer will authorize such a change in writing. For necessary connections to existing walks and drives that are not indicated in the Plans, the Engineer will provide direction regarding the proper connections in accordance with the Design Standards. 4-3.7 Differing Site Conditions: During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the Contractor disturbs the conditions or performs the affected work. Upon receipt of written notification of differing site conditions from the Contractor, the Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment will be made, excluding loss of anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will notify the Contractor whether or not an adjustment of the Contract is warranted. The Engineer will not allow a Contract adjustment for a differing site condition unless the Contractor has provided the required written notice. The Engineer will not allow a Contract adjustment under this clause for any effects caused to any other Department or non-Department projects on which the Contractor may be working. 4-3.8 Changes Affecting Utilities: The Contractor shall be responsible for identifying and assessing any potential impacts to a utility that may be caused by the changes proposed by the Contractor, and the Contractor shall at the time of making the request for a change notify the Department in writing of any such potential impacts to utilities. Department approval of a Contractor proposed change does not relieve the Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct or indirect, resulting from Contractor initiated changes in the design or construction activities from those in the original Contract Specifications, design plans (including traffic control plans) or other Contract Documents and which effect a change in utility work different from that shown in the utility plans, joint project agreements or utility relocation schedules. 4-3.9 Cost Savings Initiative Proposal: 4-3.9.1 Intent and Objective: (1) This Subarticle applies to any cost reduction proposal (hereinafter referred to as a Proposal) that the Contractor initiates and develops for the purpose of refining the Contract to increase cost effectiveness or significantly improve the quality of the end result. A mandatory Cost Savings Initiative Workshop will be held prior to Contract Time beginning for the Contractor and Department to discuss potential Proposals. This Subarticle does not, however, apply to any such proposal unless the Contractor identifies it at the time of its submission to the Department as a proposal submitted pursuant to this Subarticle. (2) The Department will consider Proposals that would result in net savings to the Department by providing a decrease in the cost of the Contract. Proposals must

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result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. However, nothing herein prohibits the Contractor from submitting Proposals when the required functions and characteristics can be combined, reduced or eliminated because they are nonessential or excessive. The Department will not recognize the Contractor’s correction of plan errors that result in a cost reduction, as a Proposal. (3) The Department reserves the right to reject at its discretion any Proposal submitted that proposes a change in the design of the pavement system or that would require additional right-of-way. Pending the Department’s execution of a formal supplemental agreement implementing an approved Proposal, the Contractor shall remain obligated to perform the work in accordance with the terms of the existing Contract. The Department may grant time extensions to allow for the time required to develop and review a Proposal. (4) For potential Proposals not discussed at the Cost Savings Initiative Workshop, a mandatory concept meeting will be held for the Contractor and Department to discuss the potential Proposal prior to development of the Proposal. 4-3.9.2 Subcontractors: The Department encourages the Contractor to include the provisions of this Subarticle in Contracts with subcontractors and to encourage submission of Proposals from subcontractors. However, it is not mandatory to submit Proposals to the Department or to accept or transmit subcontractor proposed Proposals to the Department. 4-3.9.3 Data Requirements: As a minimum, submit the following information with each Proposal: (1) a description of the difference between the existing Contract requirement, including any time extension request, and the proposed change, and the comparative advantages and disadvantages. (2) separate detailed cost estimates for both the existing Contract requirement and the proposed change. Break down the cost estimates by pay item numbers indicating quantity increases or decreases and deleted pay items. Identify additional proposed work not covered by pay items within the Contract, by using pay item numbers in the Basis of Estimates Manual. In preparing the estimates, include overhead, profit, and bond within pay items in the Contract. Separate pay item(s) for the cost of overhead, profit, and bond will not be allowed. (3) an itemization of the changes, deletions or additions to plan details, plan sheets, design standards and Specifications that are required to implement the Proposal if the Department adopts it. Provide preliminary plan drawings sufficient to describe the proposed changes. (4) engineering or other analysis in sufficient detail to identify and describe specific features of the Contract that must be changed if the Department accepts the Proposal with a proposal as to how these changes can be accomplished and an assessment of their effect on other project elements. The Department may require that engineering analyses be performed by a prequalified consultant in the applicable class of work. Support all design changes that result from the Proposal with prints of drawings and computations signed and sealed by the Contractor’s Engineer of Record. Written documentation or drawings will be provided clearly delineating the responsibility of the Contractor’s Engineer of Record. (5) the date by which the Department must approve the Proposal to obtain the total estimated cost reduction during the remainder of the Contract, noting any effect on the Contract completion time or delivery schedule.

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(6) a revised project schedule that would be followed upon approval of the Proposal. This schedule would include submittal dates and review time for the Department and Peer reviews. 4-3.9.4 Processing Procedures: Submit two copies of each Proposal to the Engineer or his duly authorized representative. The Department will process Proposals expeditiously; however, the Department is not liable for any delay in acting upon a Proposal submitted pursuant to this Subarticle. The Contractor may withdraw, in whole or in part, a Proposal not accepted by the Department within the period specified in the Proposal. The Department is not liable for any Proposal development cost in the case where the Department rejects or the Contractor withdraws a Proposal. The Engineer is the sole judge of the acceptability of a Proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the Department reserves the right to disregard the Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. Prior to approval, the Engineer may modify a Proposal, with the concurrence of the Contractor, to make it acceptable. If any modification increases or decreases the net savings resulting from the Proposal, the Department will determine the Contractor’s fair share upon the basis of the Proposal as modified and upon the final quantities. The Department will compute the net savings by subtracting the revised total cost of all bid items affected by the Proposal from the total cost of the same bid items as represented in the original Contract. Prior to approval of the Proposal that initiates the supplemental agreement, provide acceptable Contract-quality plan sheets revised to show all details consistent with the Proposal design. 4-3.9.5 Computations for Change in Contract Cost of Performance: If the Proposal is adopted, the Contractor’s share of the net savings as defined hereinafter represents full compensation to the Contractor for the Proposal. The Department will not include its costs to process and implement a Proposal in the estimate. However, the Department reserves the right, where it deems such action appropriate, to require the Contractor to pay the Department's cost of investigating and implementing a Proposal as a condition of considering such proposal. When the Department imposes such a condition, the Contractor shall accept this condition in writing, authorizing the Department to deduct amounts payable to the Department from any monies due or that may become due to the Contractor under the Contract. 4-3.9.6 Conditions of Acceptance for Major Design Modifications of Category 2 Bridges: A Proposal that proposes major design modifications of a category 2 bridge, as determined by the Engineer, shall have the following conditions of acceptance: All bridge plans relating to the Proposal shall undergo an independent peer review conducted by a single independent engineering firm referred to for the purposes of this article as the Independent Review Engineer who is not the originator of the Proposal design, and is pre-qualified by the Department in accordance with Rule 14-75, Florida Administrative Code. The independent peer review is intended to be a comprehensive, thorough verification of the original work, giving assurance that the design is in compliance with all Department requirements. The Independent Review Engineer’s comments, along with the resolution of each comment, shall be submitted to the Department. The Independent Review Engineer shall sign and seal the submittal cover letter stating that all comments have been adequately addressed and

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the design is in compliance with the Department requirements. If there are any unresolved comments the Independent Review Engineer shall specifically list all unresolved issues in the signed and sealed cover letter. The Contractor shall designate a primary engineer responsible for the Proposal design and as such will be designated as the Contractors Engineer of Record for the Proposal design. The Department reserves the right to require the Contractor’s Engineer of Record to assume responsibility for design of the entire structure. New designs and independent peer reviews shall be in compliance with all applicable Department, FHWA and AASHTO criteria requirements including bridge load ratings. 4-3.9.7 Sharing Arrangements: If the Department approves a Proposal, the Contractor shall receive 50% of the net reduction in the cost of performance of the Contract as determined by the final negotiated agreement between the Contractor and the Department. The net reduction will be determined by subtracting from the savings of the construction costs the reasonable documented engineering costs incurred by the contractor to design and develop a Proposal. The reasonable documented engineering costs will be paid by the Department. Engineering costs will be based on the consultant’s certified invoice and may include the costs of the Independent Review Engineer in 4-3.9.6. The total engineering costs to be subtracted from the savings to determine the net reduction will be limited to 25% of the construction savings and shall not include any markup by the Contractor or the costs for engineering services performed by the Contractor. 4-3.9.8 Notice of Intellectual Property Interests and Department’s Future Rights to a Proposal: 4-3.9.8.1 Notice of Intellectual Property Interests: The Contractor’s Proposal submittal shall identify with specificity any and all forms of intellectual property rights that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the Contractor, or any other entity who contributed in any measure to the substance of the Contractor’s Proposal development, have or may have that are in whole or in part implicated in the Proposal. Such required intellectual property rights notice includes, but is not limited to, disclosure of any: issued patents, copyrights, or licenses; pending patent, copyright or license applications; and any intellectual property rights that though not yet issued, applied for or intended to be pursued, could nevertheless otherwise be subsequently the subject of patent, copyright or license protection by the Contractor or others in the future. This notice requirement does not extend to intellectual property rights as to stand-alone or integral components of the Proposal that are already on the Department’s Approved Product List (APL) or Design Standard Indexes, or are otherwise generally known in the industry as being subject to patent or copyright protection. 4-3.9.8.2 Department’s Future Rights to a Proposal: Notwithstanding 7-3 nor any other provision of the Standard Specifications, upon acceptance of a Proposal, the Contractor hereby grants to the Department and its contractors (such grant being expressly limited solely to any and all existing or future Department construction projects and any other Department projects that are partially or wholly funded by or for the Department) a royalty-free and perpetual license under all forms of intellectual property rights to manufacture, to use, to design, to construct, to disclose, to reproduce, to prepare and fully utilize derivative works, to distribute, display and publish, in whole or in part, and to permit others to do any of the above, and to otherwise in any manner and for any purpose whatsoever do anything reasonably

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necessary to fully utilize any and all aspects of such Proposal on any and all existing and future construction projects and any other Department projects. Contractor shall hold harmless, indemnify and defend the Department and its contractors and others in privity therewith from and against any and all claims, liabilities, other obligations or losses, and reasonable expenses related thereto (including reasonable attorneys’ fees), which are incurred or are suffered by any breach of the foregoing grants, and regardless of whether such intellectual property rights were or were not disclosed by the Contractor pursuant to 4-3.9.8.1, unless the Department has by express written exception in the Proposal acceptance process specifically released the Contractor from such obligation to hold harmless, indemnify and defend as to one or more disclosed intellectual property rights.

4-4 Unforeseeable Work. When the Department requires work that is not covered by a price in the Contract and such work does not constitute a “Significant Change” as defined in 4-3.1, and the Department finds that such work is essential to the satisfactory completion of the Contract within its intended scope, the Department will make an adjustment to the Contract. The Engineer will determine the basis of payment for such an adjustment in a fair and equitable amount.

4-5 Rights in and Use of Materials Found on the Site of the Work. 4-5.1 Ownership and Disposal of Existing Materials: Take ownership and dispose of all materials that are not designated as the property of other parties, in both roadway and structures, found on the right-of-way, and all material in structures designated for removal. Such materials do not include earth or other excavated material required for the construction of the project. During construction, the Contractor may use materials from existing structures that are required to be removed and that are designated to remain the property of the Department. Do not cut or otherwise damage such material during removal unless the Engineer gives permission to do so. Store material in an accessible location as the Engineer directs. The Department is not responsible for the quality or quantity of any material salvaged. 4-5.2 Ornamental Trees and Shrubs: Take ownership of all ornamental trees or shrubs existing in the right-of-way that are required to be removed for the construction operations and which are not specifically designated on the Plans to be reset, or to be removed by others prior to the construction operations.

4-6 Final Cleaning Up of Right-of-Way. Upon completion of the work, and before the Department accepts the work and makes final payment, remove from the right-of-way and adjacent property all falsework, equipment, surplus and discarded materials, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, that has been damaged during the prosecution of the work; and leave the waterways unobstructed and the roadway in a neat and presentable condition throughout the entire length of the work under Contract. Do not dispose of materials of any character, rubbish or equipment, on abutting property, with or without the consent of the property owners. The Engineer will allow the Contractor to temporarily store equipment, surplus materials, usable forms, etc., on a well-kept site owned or leased by the Contractor, adjacent to the project. However, do not place or store discarded equipment, materials, or rubbish on such a site.

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Shape and dress areas adjacent to the project right-of-way that were used as plant sites, materials storage areas or equipment yards when they are no longer needed for such purposes. Restore these areas in accordance with 7-11.1 and 7-11.2. Grass these areas when the Engineer directs.

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5-11 Final Acceptance. When, upon completion of the final construction inspection of the entire project, the Engineer determines that the Contractor has satisfactorily completed the work, the Engineer will give the Contractor written notice of final acceptance.

5-12 Claims by Contractor. 5-12.1 General: When the Contractor deems that extra compensation or a time extension is due beyond that agreed to by the Engineer, whether due to delay, additional work, altered work, differing site conditions, breach of Contract, or for any other cause, the Contractor shall follow the procedures set forth herein for preservation, presentation and resolution of the claim. Submission of timely notice of intent to file a claim, preliminary time extension request, time extension request, and the certified written claim, together with full and complete claim documentation, are each a condition precedent to the Contractor bringing any circuit court, arbitration, or other formal claims resolution proceeding against the Department for the items and for the sums or time set forth in the Contractor’s certified written claim. The failure to provide such notice of intent, preliminary time extension request, time extension request, certified written claim and full and complete claim documentation within the time required shall constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to additional compensation or a time extension for such claim. 5-12.2 Notice of Claim: 5-12.2.1 Claims For Extra Work: Where the Contractor deems that additional compensation or a time extension is due for work or materials not expressly provided for in the Contract or which is by written directive expressly ordered by the Engineer pursuant to 4-3, the Contractor shall notify the Engineer in writing of the intention to make a claim for additional compensation before beginning the work on which the claim is based, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. If such notification is not given and the Engineer is not afforded the opportunity for keeping strict account of actual labor, material, equipment, and time, the Contractor waives the claim for additional compensation or a time extension. Such notice by the Contractor, and the fact that the Engineer has kept account of the labor, materials and equipment, and time, shall not in any way be construed as establishing the validity of the claim or method for computing any compensation or time extension for such claim. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5-11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5-11, the Contractor shall submit full and complete claim documentation as described in 5-12.3 and duly certified pursuant to 5-12.9. However, for any claim or part of a claim that pertains solely to final estimate quantities disputes the Contractor shall submit full and complete claim documentation as described in 5-12.3 and duly certified pursuant to 5-12.9, as to such final estimate claim dispute issues, within 90 or 180 calendar days, respectively, of the Contractor’s receipt of the Department’s final estimate. If the Contractor fails to submit a certificate of claim as described in 5-12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim

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documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. 5-12.2.2 Claims For Delay: Where the Contractor deems that additional compensation or a time extension is due on account of delay, differing site conditions, breach of Contract, or any other cause other than for work or materials not expressly provided for in the Contract (Extra Work) or which is by written directive of the Engineer expressly ordered by the Engineer pursuant to 4-3, the Contractor shall submit a written notice of intent to the Engineer within ten days after commencement of a delay to a controlling work item expressly notifying the Engineer that the Contractor intends to seek additional compensation, and if seeking a time extension, the Contractor shall also submit a preliminary request for time extension pursuant to 8-7.3.2 within ten calendar days after commencement of a delay to a controlling work item, as to such delay and providing a reasonably complete description as to the cause and nature of the delay and the possible impacts to the Contractor’s work by such delay, and a request for Contract Time extension pursuant to 8-7.3.2 within thirty calendar days after the elimination of the delay. On projects with an original Contract amount of $3,000,000 or less within 90 calendar days after final acceptance of the project in accordance with 5-11, and on projects with an original Contract amount greater than $3,000,000 within 180 calendar days after final acceptance of the project in accordance with 5-11, the Contractor shall submit full and complete documentation as described in 5-12.3 and duly certified pursuant to 5-12.9. If the Contractor fails to submit a certificate of claim as described in 5-12.9, the Department will so notify the Contractor in writing. The Contractor shall have ten calendar days from receipt of the notice to resubmit the claim documentation, without change, with a certificate of claim as described in 5-12.9, without regard to whether the resubmission is within the applicable 90 or 180 calendar day deadline for submission of full and complete claim documentation. Failure by the Contractor to comply with the ten calendar day notice shall constitute a waiver of the claim. There shall be no Contractor entitlement to any monetary compensation or time extension for any delays or delay impacts, whatsoever, that are not to a controlling work item, and then as to any such delay to a controlling work item entitlement to any monetary compensation or time extension shall only be to the extent such is otherwise provided for expressly under 4-3 or 5-12, except that in the instance of delay to a non-controlling item of work the Contractor may be compensated for the direct costs of idle labor or equipment only, at the rates set forth in 4-3.2.1(a) and (c), and then only to the extent the Contractor could not reasonably mitigate such idleness. 5-12.3 Content of Written Claim: As a condition precedent to the Contractor being entitled to additional compensation or a time extension under the Contract, for any claim, the Contractor shall submit a certified written claim to the Department which will include for each individual claim, at a minimum, the following information: (a) A detailed factual statement of the claim providing all necessary dates, locations, and items of work affected and included in each claim; (b) The date or dates on which actions resulting in the claim occurred or conditions resulting in the claim became evident; (c) Identification of all pertinent documents and the substance of any material oral communications relating to such claim and the name of the persons making such material oral communications;

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(d) Identification of the provisions of the Contract which support the claim and a statement of the reasons why such provisions support the claim, or alternatively, the provisions of the Contract which allegedly have been breached and the actions constituting such breach; (e) A detailed compilation of the amount of additional compensation sought and a breakdown of the amount sought as follows: (1) documented additional job site labor expenses; (2) documented additional cost of materials and supplies; (3) a list of additional equipment costs claimed, including each piece of equipment and the rental rate claimed for each; (4) any other additional direct costs or damages and the documents in support thereof; (5) any additional indirect costs or damages and all documentation in support thereof. (f) A detailed compilation of the specific dates and the exact number of calendar days sought for a time extension, the basis for entitlement to time for each day, all documentation of the delay, and a breakout of the number of days claimed for each identified event, circumstance or occurrence. Further, the Contractor shall be prohibited from amending either the bases of entitlement or the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder, and any circuit court, arbitration, or other formal claims resolution proceeding shall be limited solely to the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder. This shall not, however, preclude a Contractor from withdrawing or reducing any of the bases of entitlement and the amount of any compensation or time stated for any and all issues claimed in the Contractor’s written claim submitted hereunder at any time. 5-12.4 Action on Claim: The Engineer will respond on projects with an original Contract amount of $3,000,000 or less within 90 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3, and on projects with an original Contract amount greater than $3,000,000 within 120 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3. Failure by the Engineer to respond to a claim within 90 or 120 days, respectively, after receipt of a complete claim in compliance with 5-12.3 constitutes a denial of the claim by the Engineer. If the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be allowed and paid for to the extent deemed valid and any time extension granted, if applicable, as provided in the Contract. No circuit court or arbitration proceedings on any claim, or a part thereof, may be filed until after final acceptance per 5-11 of all Contract work by the Department or denial hereunder, whichever occurs last. 5-12.5 Pre-Settlement and Pre-Judgment Interest: Entitlement to any pre-settlement or pre-judgment interest on any claim amount determined to be valid subsequent to the Department’s receipt of a certified written claim in full compliance with 5-12.3, whether determined by a settlement or a final ruling in formal proceedings, the Department shall pay to the Contractor simple interest calculated at the Prime Rate (as reported by the Wall Street Journal as the base rate on corporate loans posted by at least 75% of the nations 30 largest banks) as of the 60th calendar day following the Department’s receipt of a certified written claim in full compliance with 5-12.3, such interest to accrue beginning 60 calendar days following the

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Department’s receipt of a certified written claim in full compliance with 5-12.3 and ending on the date of final settlement or formal ruling. 5-12.6 Compensation for Extra Work or Delay: 5-12.6.1 Compensation for Extra Work: Notwithstanding anything to the contrary contained in the Contract Documents, the Contractor shall not be entitled to any compensation beyond that provided for in 4-3.2. 5-12.6.2 Compensation for Delay: Notwithstanding anything to the contrary contained in the Contract Documents, the additional compensation set forth in 5-12.6.2.1 shall be the Contractor’s sole monetary remedy for any delay other than to perform extra work caused by the Department unless the delay shall have been caused by acts constituting willful or intentional interference by the Department with the Contractor’s performance of the work and then only where such acts continue after Contractor’s written notice to the Department of such interference. The parties anticipate that delays may be caused by or arise from any number of events during the term of the Contract, including, but not limited to, work performed, work deleted, supplemental agreements, work orders, 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, suspensions of work by the Engineer pursuant to 8-6.1, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, special events, suspension of Contract time, or other events, forces or factors sometimes experienced in construction work. Such delays or events and their potential impacts on the performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not be deemed to constitute willful or intentional interference with the Contractor’s performance of the work without clear and convincing proof that they were the result of a deliberate act, without reasonable and good-faith basis, and specifically intended to disrupt the Contractor’s performance. 5-12.6.2.1 Compensation for Direct Costs, Indirect Costs, Expenses, and Profit thereon, of or from Delay: For any delay claim, the Contractor shall be entitled to monetary compensation for the actual idle labor and equipment, and indirect costs, expenses, and profit thereon, as provided for in 4-3.2.1(d) and solely for costs incurred beyond what reasonable mitigation thereof the Contractor could have undertaken. 5-12.7 Mandatory Claim Records: After giving the Engineer notice of intent to file a claim for extra work or delay, the Contractor must keep daily records of all labor, material and equipment costs incurred for operations affected by the extra work or delay. These daily records must identify each operation affected by the extra work or delay and the specific locations where work is affected by the extra work or delay, as nearly as possible. The Engineer may also keep records of all labor, material and equipment used on the operations affected by the extra work or delay. The Contractor shall, once a notice of intent to claim has been timely filed, and not less than weekly thereafter as long as appropriate, provide the Engineer a copy of the Contractor’s daily records and be likewise entitled to receive a copy of the Department’s daily records. The copies of daily records to be provided hereunder shall be provided at no cost to the recipient. 5-12.8 Claims For Acceleration: The Department shall have no liability for any constructive acceleration of the work, nor shall the Contractor have any right to make any claim for constructive acceleration nor include the same as an element of any claim the Contractor may otherwise submit under this Contract. If the Engineer gives express written direction for the Contractor to accelerate its efforts, such written direction will set forth the prices and other

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pertinent information and will be reduced to a written Contract Document promptly. No payment will be made on a Supplemental Agreement for acceleration prior to the Department’s approval of the documents. 5-12.9 Certificate of Claim: When submitting any claim, the Contractor shall certify under oath and in writing, in accordance with the formalities required by Florida law, that the claim is made in good faith, that the supportive data are accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the claim accurately reflects what the Contractor in good faith believes to be the Department’s liability. Such certification must be made by an officer or director of the Contractor with the authority to bind the Contractor. 5-12.10 Non-Recoverable Items: The parties agree that for any claim the Department will not have liability for the following items of damages or expense: a. Loss of profit, incentives or bonuses; b. Any claim for other than extra work or delay; c. Consequential damages, including, but not limited to, loss of bonding capacity, loss of bidding opportunities, loss of credit standing, cost of financing, interest paid, loss of other work or insolvency; d. Acceleration costs and expenses, except where the Department has expressly and specifically directed the Contractor in writing “to accelerate at the Department’s expense”; nor e. Attorney fees, claims preparation expenses and costs of litigation. 5-12.11 Exclusive Remedies: Notwithstanding any other provision of this Contract, the parties agree that the Department shall have no liability to the Contractor for expenses, costs, or items of damages other than those which are specifically identified as payable under 5-12. In the event any legal action for additional compensation, whether on account of delay, acceleration, breach of contract, or otherwise, the Contractor agrees that the Department’s liability will be limited to those items which are specifically identified as payable in 5-12. 5-12.12 Settlement Discussions: The content of any discussions or meetings held between the Department and the Contractor to settle or resolve any claims submitted by the Contractor against the Department shall be inadmissible in any legal, equitable, arbitration or administrative proceedings brought by the Contractor against the Department for payment of such claim. Dispute Resolution Board, State Arbitration Board and Claim Review Committee proceedings are not settlement discussions, for purposes of this provision. 5-12.13 Personal Liability of Public Officials: In carrying out any of the provisions of the Contract or in exercising any power or authority granted to the Secretary of Transportation, Engineer or any of their respective employees or agents, there shall be no liability on behalf of any employee, officer or official of the Department for which such individual is responsible, either personally or as officials or representatives of the Department. It is understood that in all such matters such individuals act solely as agents and representatives of the Department. 5-12.14 Auditing of Claims: All claims filed against the Department shall be subject to audit at any time following the filing of the claim, whether or not such claim is part of a suit pending in the Courts of this State. The audit may be performed, at the Department’s sole discretion, by employees of the Department or by any independent auditor appointed by the Department, or both. The audit may begin after ten days written notice to the Contractor, subcontractor, or supplier. The Contractor, subcontractor, or supplier shall make a good faith effort to cooperate with the auditors. As a condition precedent to recovery on any claim, the Contractor, subcontractor, or supplier must retain sufficient records, and provide full and

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reasonable access to such records, to allow the Department’s auditors to verify the claim and failure to retain sufficient records of the claim or failure to provide full and reasonable access to such records shall constitute a waiver of that portion of such claim that cannot be verified and shall bar recovery thereunder. Further, and in addition to such audit access, upon the Contractor submitting a written claim, the Department shall have the right to request and receive, and the Contractor shall have the affirmative obligation to provide to the Department, copies of any and all documents in the possession of the Contractor or its subcontractors, materialmen or suppliers as may be deemed relevant by the Department in its review of the basis, validity or value of the Contractor’s claim. Without limiting the generality of the foregoing, the Contractor shall upon written request of the Department make available to the Department’s auditors, or upon the Department’s written request for copies provide copies at the Department’s expense, any or all of the following documents: 1. Daily time sheets and foreman’s daily reports and diaries; 2. Insurance, welfare and benefits records; 3. Payroll register; 4. Earnings records; 5. Payroll tax return; 6. Material invoices, purchase orders, and all material and supply acquisition contracts; 7. Material cost distribution worksheet; 8. Equipment records (list of company owned, rented or other equipment used); 9. Vendor rental agreements and subcontractor invoices; 10. Subcontractor payment certificates; 11. Canceled checks for the project, including, payroll and vendors; 12. Job cost report; 13. Job payroll ledger; 14. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals; 15. Cash disbursements journal; 16. Financial statements for all years reflecting the operations on this project; 17. Income tax returns for all years reflecting the operations on this project; 18. All documents which reflect the Contractor’s actual profit and overhead during the years this Contract was being performed and for each of the five years prior to the commencement of this Contract; 19. All documents related to the preparation of the Contractor’s bid including the final calculations on which the bid was based; 20. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim; 21. Worksheets used to prepare the claim establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials,

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equipment, subcontractors, and all documents that establish which time periods and individuals were involved, and the hours and rates for such individuals.

5-13 Recovery Rights, Subsequent to Final Payment. The Department reserves the right, if it discovers an error in the partial or final estimates, or if it discovers that the Contractor performed defective work or used defective materials, after the final payment has been made, to claim and recover from the Contractor or his surety, or both, by process of law, such sums as may be sufficient to correct the error or make good the defects in the work and materials.

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prescribed under the applicable Specifications. The Department may reject improperly stored materials. 6-3.2 Use of Right-of-Way for Storage: If the Engineer allows, the Contractor may use a portion of the right-of-way for storage purposes and for placing the Contractor’s plant and equipment. Use only the portion of the right-of-way that is outside the clear zone, which is the portion not required for public vehicular or pedestrian travel. When used, restore the right-of-way to pre-construction condition at no additional cost to the Department or as specified in the Contract Documents. Provide any additional space required at no expense to the Department. 6-3.3 Responsibility for Stored Materials: Accept responsibility for the protection of stored materials. The Department is not liable for any loss of materials, by theft or otherwise, or for any damage to the stored materials. 6-3.4 Storage Facilities for Samples: Provide facilities for storage of samples as described in the Contract Documents and warranted by the test methods and Specifications.

6-4 Defective Materials. Materials not meeting the requirements of these Specifications will be considered defective. The Engineer will reject all such materials, whether in place or not. Remove all rejected material immediately from the site of the work and from storage areas, at no expense to the Department. Do not use material that has been rejected and the defects corrected, until the Engineer has approved the material’s use. Upon failure to comply promptly with any order of the Engineer made under the provisions of this Article, the Engineer has the authority to have the defective material removed and replaced by other forces and deduct the cost of removal and replacement from any moneys due or to become due the Contractor. As an exception to the above, within 30 calendar days of the termination of the LOT or rejection of the material, the Contractor may submit a proposed scope of work to the Engineer for an engineering or independent laboratory (as approved by the Engineer) analysis to determine the disposition of the material. A Specialty Engineer, who is an independent consultant, or the Contractor’s Engineer of Record as stated within each individual Section shall perform any such analysis. Upon the Engineer’s approval of the scope of work submitted by the Contractor, the engineering analysis must be completed and the report must be submitted to the Engineer within 45 calendar days, or other time frame as approved by the Engineer. The report must be signed and sealed by the Specialty Engineer. The Engineer will determine the final disposition of the material after review of the information submitted by the Contractor. No additional monetary compensation or time extension will be granted for the impact of any such analysis or review.

6-5 Products and Source of Supply. 6-5.1 Source of Supply–Convict Labor (Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict-made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal-aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to:

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1. Materials produced by convicts on parole, supervised release, or probation from a prison or, 2. Materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1, 1987. 6-5.2 Source of Supply-Steel: Use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the manufacturer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project. Prior to the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer’s written approval prior to incorporating the material into the project. 6-5.3 Contaminated, Unfit, Hazardous, and Dangerous Materials: Do not use any material that, after approval and/or placement, has in any way become unfit for use. Do not use materials containing any substance that has been determined to be hazardous by the State of Florida Department of Environmental Protection or the U.S. Environmental Protection Agency (EPA). Provide workplaces free from serious recognized hazards and to comply with occupational safety and health standards, as determined by the U.S. Department of Labor Occupational Safety and Health Administration (OSHA).

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7-15 Opening Sections of Highway to Traffic. Whenever any bridge or section of roadway is in acceptable condition for travel, the Engineer may direct the Contractor to open it to traffic. The Department’s direction to open a bridge or roadway does not constitute an acceptance of the bridge or roadway, or any part thereof, or waive any Contract provisions. Perform all necessary repairs or renewals, on any section of the roadway or bridge thus opened to traffic under instructions from the Engineer, due to defective material or work or to any cause other than ordinary wear and tear, pending completion and the Engineer’s acceptance of the roadway or bridge, or other work, at no expense to the Department.

7-16 Wage Rates for Federal-Aid Projects. For all projects that include Federal-aid participation, the Special Provisions contain requirements with regard to payment of predetermined minimum wages. Predetermined Wage Rate Decisions (U.S. Department of Labor provided Wage Rate Tables) exist for Heavy, Highway, and Building Construction Projects.

7-17 Supplemental Agreements. Section 337.11 of the Florida Statutes as amended, which prescribe certain limitations on the use of supplemental agreements, are a part of the Contract.

7-18 Scales for Weighing Materials. 7-18.1 Applicable Regulations: When determining the weight of material for payment, use scales meeting the requirements of Chapter 531 of Florida Statutes, pertaining to specifications, tolerances, and regulations, as administered by the Bureau of Weights and Measures of the Florida Department of Agriculture. 7-18.2 Base for Scales: Place such scales on a substantial horizontal base to provide adequate support and rigidity and to maintain the level of the scales. 7-18.3 Protection and Maintenance: Maintain all scale parts in proper condition as to level and vertical alignment, and fully protect them against contamination by dust, dirt, and other matter that might affect their operation.

7-19 Source of Forest Products. As required by Section 255.2575 of the Florida Statutes, where price, fitness and quality are equal, and when available, use only timber, timber piling, or other forest products that are produced and manufactured in the State of Florida. This provision does not apply to Federal-aid projects.

7-20 Regulations of Air Pollution from Asphalt Plants. 7-20.1 General: Perform all work in accordance with all Federal, State, and local laws and regulations regarding air pollution and burning. In particular, pay attention to Chapters 17-2 and 17-5 of the Rules and Regulations of the Department of Environmental Protection, and to any part of the State Implementation Plan applicable to the project. See also 110-9.2 regarding burning of debris. 7-20.2 Dust Control: Ensure that excessive dust is not transported beyond the limits of construction in populated areas. The Contractor may control dust for embankments or other cleared or unsurfaced areas by applying water or calcium chloride, as directed by the Engineer.

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7-24 Disadvantaged Business Enterprise Program. 7-24.1 Disadvantaged Business Enterprise Affirmative Action Plan: Prior to award of the

Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan is incorporated into and made a part of the Contract.

7-24.2 Required Contract and Subcontract DBE Assurance Language: In accordance with 49 CFR 26.13 (b), the Contract FDOT signs with the Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: “The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate.”

7-24.3 Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: (a) A policy statement, signed by an authorized representative (president, chief executive officer, or chairman of the contractor), expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible, outlining the various levels of responsibility, and stating the objectives of the program. Circulate the policy statement throughout the Contractor’s organization. (b) The designation of a Liaison Officer within the Contractor’s organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-today basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. (c) Utilization of techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and

delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing,

or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and

specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate.

4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and county agencies with programs for

disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department.

7-24.4 DBE Records and Reports: Submit the following through the Equal Opportunity Compliance

System:

1. DBE Commitments - at or before the Pre-Construction Conference. 2. Report monthly, through the Equal Opportunity Compliance System on the Department’s

Website, actual payments (including retainage) made to DBEs for work performed with their own workforce and equipment in the area in which they are certified. Report payments made to all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers.

The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following:

(a) the procedures adopted to comply with these Specifications; (b) the number of subordinated Contracts on Department projects awarded to DBEs; (c) the dollar value of the Contracts awarded to DBEs; (d) the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Contract amount; (e) a description of the general categories of Contracts awarded to DBEs; and

(f) the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. Maintain all such records for a period of five years following acceptance of final

payment and have them available for inspection by the Department and the Federal Highway Administration.

7-24.5 Counting DBE Participation and Commercially Useful Functions: 49 CFR Part 26.55 specifies when DBE credit shall be awarded for work performed by a DBE. DBE credit can only be awarded for work actually performed by DBEs themselves for the types of work for which they are certified. When reporting DBE Commitments, only include the dollars that a DBE is expected to earn for work they perform with their own workforce and equipment. Update DBE Commitments to reflect changes to the initial amount that was previously reported or to add DBEs not initially reported.

When a DBE participates in a contract, the value of the work is determined in accordance with 49 CFR Part 26.55, for example: (a) The Department will count only the value of the work performed by the DBE toward DBE goals. The entire amount of the contract that is performed by the DBE’s own forces (including the cost of supplies, equipment and materials obtained by the DBE for the contract work) will be counted as DBE credit. (b)The Department will count the entire amount of fees or commissions charged by the DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services or for providing bonds or insurance specifically required for the performance of a Department-assisted contract, toward DBE goals, provided that the Department determines the fees to be reasonable and not excessive as compared with fees customarily followed for similar services. (c) When the DBE subcontracts part of the work of its contract to another firm, the Department will count the value of the subcontracted work only if the DBE’s subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.

(d) When a DBE performs as a participant in a joint venture, the Department will count the portion of the dollar value of the contract equal to the distinct, clearly defined portion of the work the DBE performs with its own forces toward DBE goals.

(e) The Contractors shall ensure that only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract may be counted toward the voluntary DBE goal. (f) A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. (g) Contractors wishing to use joint checks involving DBE credit must provide written notice to the District Contract Compliance Office prior to issuance of the joint check. The Contractor must also provide a copy of the notice to the DBE subcontractor and maintain a copy with the project records. (h) To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. (i) A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. (j) If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own workforce, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the DBE has not performed a commercially useful function.

7-24.6 Prompt Payments: Meet the requirements of 9-5 for payments to all DBE subcontractors.

LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC – CARGO

PREFERENCE ACT (CPA).

(REV 12-17-15) (1-16)

SECTION 7 is expanded by the following new Article:

7-31 Cargo Preference Act – Use of United States-flag vessels.

Pursuant to Title 46CFR Part 381, the Contractor agrees 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph 1 of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.