PROJECT NAME: DCDD Milling and Resurfacing

(From North of Palm Harbor Parkway to 16th RD E)

DUE DATE: August 15th, 2022 at 2:00 pm

Bid Questions Due: by 5:00 P.M. on July 19th 2022

DUNES COMMUNITY DEVELOPMENT DISTRICT
Flagler County, Florida

101 Jungle Hut Rd. ● Palm Coast, FL, 32137 ● TEL (386) 445-9045 ● FAX (386) 447-9858

DUNES COMMUNITY DEVELOPMENTDISTRICT
		Invitation for Bid	 DCDD Milling and Resurfacing
Scope of Services:

The project consists of providing milling and resurfacing improvements in the following locations: Along Hammock Dunes Parkway from North of Palm Harbor Parkway to 16th RD E.
Along Cam Del Mar from A1A to the intersection with pavers at Hammock Dunes Parkway. All existing asphalt pavement in the DCDD facility and parking lot, on Jungle hut.
All existing asphalt pavement at the Hammock Dunes Bridge Toll booth asphalt approaches. Existing lime rock parking spots located within the DCDD facility.

In addition to the above items, other improvements include: Re-striping to match existing pavement markers, Correcting rideability issues at the intersection of Jungle Hut and Hammock Dunes Parkway and optionally adding a new paved apron entrance to the DCDD facility at Jungle Hut.

In addition to the above items, there is to be no impact or work done on the following: Jungle hut road, The existing concrete at the toll booth and any existing pavers throughout the project, specifically at the end of Cam Del Mar and Hotel Trace Blvd. These are locations that should not be disturbed or damaged throughout the project.

Ordering Instructions: This package and drawings are available electronically via request to:

Jacob H. Duke, KCA, Technical contact information below.
Notes: An on-site contactor office will not be required for this project.
An Optional Pre-Bid Conference is scheduled for July 26th, 2022 at 10:30 A.M., in the District’s office at 101 Jungle Hut Road, Palm Coast, Florida 32137. In order to receive invitation to likely digital pre-bid conference, please email Jacob Duke (jduke@kcaeng.com).

DUE DATE/TIME: August 15th, 2022, at 2:00 PM Eastern Standard time. The bids will be publicly opened and read aloud as soon as possible following the scheduled due time. Bids received after that date and time shall be disregarded and not considered.
Bids shall be delivered either electronically or by hard copy to the contact listed below. All contractor bids shall be held firm for 90 days.

NOTE: ALL PROSPECTIVE BIDDERS ARE HERBY CAUTIONED NOT TO CONTACT ANY MEMBER OF DUNES COMMUNITY DEVELOPMENT DISTRICT STAFF OR OFFICALS OTHER THAN THE SPECIFIED CONTACT PERSON. FAILURE TO ADHERE TO THIS REQUIREMENT SHALL RESULT IN DISQUALIFICATION.

For Questions Contact: Jacob H Duke, PE, CBI jduke@kcaeng.com

TABLE OF CONTENTS
DUNES COMMUNITY DEVELOPMENT DISTRICT BIDDING DOCUMENTS, CONTRACT DOCUMENTS, AND FORMS

PAGE
00000-1	Invitations for Bid
00005-1	Certifications Page
00010-1 to 11	Instructions to Bidders

00100-1 to 13
00150-1

Bid Forms
Trench Safety Act Form

00160-1 to 5	Bidder Information (including W-9 and Public Entity Crimes Form)
00300-1 to 2	Non-Collusion Affidavit of Bidder Form
00310-1	Certification of Nonsegregated Facilities Form
00320-1	Notice of No Bid
00330-1	Drug-Free Workplace
00335-1 to 2	Conflict of Interest Statement.DOC
00410-1 to 2	Non-Collusion Affidavit of Subcontractor
00500-1 to 13	Agreement
00600-1 to 5	Performance Bond
00610-1 to 4	Payment Bond
00620-1 to 2	Material and Workmanship Bond
00630-1 to 2	American with Disabilities Act Affidavit
00700-1 to 3	Contractor’s Insurance Requirements
00800-1 to 78	General Conditions
00841-1	Notice to Award
00842-1	Notice to Proceed
00843-1 to 2	Change Order Form
00844-1 to 4	Application and Certificate for Progress Payment
00848-1 to 2	Certificate of Final Substantial Completion
00849-1	Certificate of Final Inspection & Completion
00850-1	Waiver and Release of Lien upon Progress Payment
00851-1 to 2	Waiver and Release of Lien upon Final Payment
00852-1	Contractor’s Request For Information
00854-1	Work Change Directive
00855-1	Field Order
00860-1	Subcontractor/Vendor’s Waiver and Release of Lien Upon Final Payment
00861-1	Consent of Surety to Final Payment
00865-1 to 2	Check Out Form
00866-1 to 2	Certificate of Completed Demonstration Form Screening Requirements for Employees Contractor/Vender Self-Certification Relative to Employees as Sexual Offenders Relating to Project
00900-1 to 2	Supplementary Conditions
00901-1 to 10	Additional Supplemental Terms and Conditions

DIVISION 1	GENERAL REQUIREMENTS	Pages	
01 11 00	Summary of Work	X	
01 11 20	Contract Administration	X	
01 22 25	Measurement and Payment	X	
01 31 13	Project Coordination	X	
01 31 19	Project Meetings	X	
01 33 00	Submittal Procedures	X	
01 45 00	Quality Control	X	
01 50 00	Temporary Facilities and Controls	X	
01 55 26	Maintenance of Traffic	X	
01 57 19	Erosion & Sedimentation Control	X	
01 60 00	Product Requirements	X	
07 71 13	Mobilization	X	
01 77 00	Closeout Procedures	X	

DIVISION 32	
EXTERIOR IMPROVEMENTS		
32 12 16	Asphalt Paving	X	

DIVISION 34	
TRANSPORTATION		
34 01 00	Operation and Maintenance of Transportation	X	
34 41 16	Traffic Control Equipment	X	

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.

The Florida Department of Transportation July 2020 Standard Specifications for Road and Bridge Construction are incorporated as part of the contract documents for this contract. References to “The Department” will be interpreted to mean the Dunes Community Development District, or its agents.

Contractors bidding on this project should be pre-qualified with the FDOT and be pre-qualified for all of the FDOT work items listed above and throughout these documents. It should be noted that the DCDD reserves the right to select a contractor based on its sole discretion.

FORMS APPENDIX

SECTION 00005

CERTIFICATIONS PAGE

DUNES COMMUNITY DEVELOPMENT DISTRICT

This Project Manual is certified as follows:

Engineer of Record

Divisions 1, 32, 34
Kisinger Campo & Associates, Corp.

Jacob H. Duke, P.E.

N. Franklin St. Suite 400

Tampa, FL, 33602	June	21,    2022
The appendices to this Project Manual shall contain information prepared by other professionals, bearing the name, address, and logo of the professional. KCA is not responsible for items prepared by other professionals, and these items are not covered under the above registered professionals’ signature and seal.

Certifications Page	DCDD Milling and Resurfacing	00005-1

INSTRUCTIONS TO BIDDERS

SECTION 1. DEFINED TERMS.

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.

Complete sets of the Bidding Documents may be obtained from KCA, with a physical address of 201 N. Franklin St, Suite 400, Tampa, FL 33602.
Complete sets of Bidding Documents shall be used in preparing Bids; neither DISTRICT 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.
DISTRICT 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.

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by DISTRICT, information including, but not limited to, financial data, previous experience including references and evidence of authority to conduct business in the State of Florida. This information must be received by DISTRICT within five days (5) of Bidder receiving the written request. Submittals requested pursuant to this subsection are in addition to those required elsewhere.
Additionally, the contractors must demonstrate FDOT pre-qualification for R&R, minor bridge, and the contractor performing the overlay work must demonstrate experience as outlined in the Technical Special Provisions.

SECTION 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

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 DISTRICT 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 DISTRICT, utility work, and the work of others at the Project site.
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, if available, shall be examined by the Bidder and upon execution of a contract, deemed to have accomplished the following. DISTRICT 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.
When a log of test borings showing a record of the data obtained by the investigation of subsurface conditions by the DISTRICT, 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 DISTRICT, 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.
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.
On request, DISTRICT 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.
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.
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.
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.

All questions about the meaning or intent of the Contract Documents shall be submitted to the attention of the KCA contact identified in the Invitation for Bid via e-mail or in writing to, KCA, 201 N. Franklin St, Suite 400, Tampa, FL 33602. Bidders shall advise the DISTRICT 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 DISTRICT will post addenda information on the DISTRICT’s Web Site. All Bidders should check the DISTRICT’S Web Site or contact the DISTRICT 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 DISTRICT’S Web Site. 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.
Only interpretation or correction so given by the KCA Contact, 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 DISTRICT.
In case the DISTRICT 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 mailed, e-mailed or faxed to all prospective Bidders at the respective addresses furnished for such purposes. No Addenda shall be issued less than seven (7) calendar days prior to the bid opening, unless otherwise specified by the DISTRICT.
SECTION 6. CONTRACT REQUIREMENT FOR THE DISTRICT’S PROCEDURES.
Special attention is called to the DISTRICT’s 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.

Bidders acknowledge that the purpose of the Bidding Documents and DISTRICT’s is to provide for the fair and equitable treatment of all Bidders involved in DISTRICT Bid solicitations, to maximize the purchasing value of DISTRICT funds, and to provide safeguards for maintaining a Bid procedure of quality and integrity.

SECTION 8. CONSTRUCTION.

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 DISTRICT.
SECTION 9. BID PROTESTS/AWARD CONTESTS

Bid protests arising under DISTRICT Bidding Documents or Procedures shall be resolved under the DISTRICT’s Bid Protests procedures.
A vendor/bidder may protest matters involving the award of any contract any time prior to its award by contacting the District Manager in writing and articulating the alleged bases for the protest.
The decision of the District Manager may be appealed to the DISTRICT Chairman by filing a written appeal with the DISTRICT Chairman within seven (7) days of the decision. The same procedures above for bid protests shall apply to the contest of a contract award.
SECTION 10. LIMITATION ON DAMAGES.

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 that at bid protest.
SECTION 11. BID SECURITY.

Bid Security shall be made payable to DISTRICT, in an amount of five percent (5%) of the Bidder's Total Bid and in the form of a certified or cashier's check or a Bid Bond issued by a Surety meeting the requirements of these Contract Documents.
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 DISTRICT’s 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 DISTRICT’s Procedures, within ten (10) days of the Notice of Award, DISTRICT may annul the Notice of Award and the Bid Security of that Bidder shall be forfeited. The Bid Security of any Bidder whom DISTRICT believes to have a reasonable chance of receiving the award may be retained by DISTRICT 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.
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 DISTRICT and an Apparent Low Bidder, the Bid acceptance period may be extended for a period longer than ninety (90) days.
SURETY COMPANIES ACCEPTABLE TO THE DISTRICT:	To be acceptable to the
DISTRICT as Surety for Bid, Payment, Performance, and Material and Workmanship Bonds, a Surety shall comply with the following provisions:
The Surety must be registered and licensed to do business within the State of Florida.
The Surety must have been in business and have a record of successful continuous operations for at least five (5) years.
The Surety shall have at least the following A. M. Best's minimum ratings:
Policy
Holder's	Required
Agreement	Rating	Financial Rating

250,000 - or less	B+	Class I	
250,000 -  500,000	A	Class II	
500,000 -  750,000	A	Class III	
750,000 - 1,000,000	A	Class IV	
1,000,000 - 1,500,000	A	Class V	
1,500,000 - 2,500,000	A	Class VI	
2,500,000 - 3,750,000	A+	Class VII	
3,750,000 - 5,000,000	A+	Class VIII	
5,000,000 - or more	A+	Class IX	
Best's Policyholder's Rating of "A+", "A" and "B+", (which signifies A and A+ = Excellent, B+ = Very good, based upon good underwriting, economic management, adequate reserves for undisclosed

liabilities, net resources for unusual stock and sound investment ) or an equivalent rating from the Insurance Commissioner if not rated by Best's.
(1) Any risk or portion of any risk which shall have been reinsured (in which case these minimum requirements contained herein only apply to the reinsuring carrier) in assuming insurer authorized or approved by the Insurance Commissioner to do such business in this State shall be deducted in determining the limitation of risk prescribed in this section.
In the case of a Surety insurance company, there shall be deducted in addition
to
the deduction for reinsurance, the amount assumed by any courtesy; the value of any security deposited, pledged or held subject to the consent of the Surety and for the protection of the Surety.
No compensation shall be made for providing Bonds as prescribed in this
Section.
SECTION 12. SUBSTITUTE MATERIAL AND EQUIPMENT.

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 DISTRICT.
SECTION 13. BID FORM.

The Bid Form is included in the Bidding Documents.
Bid Forms must be completed in ink or by typewriter. The Bid price of each item on the form must be stated in words and numerals.
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. The corporate address and state of incorporation shall be shown below the signature.
Bids by partnerships must be executed in the partnership name and signed by an authorized partner whose title must appear under the signature or all partners. Bids executed by authorized partners must be accompanied by evidence of authorization.
All names and titles must be typed or printed below the signature.
The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).
The address to which communications regarding the Bid are to be directed must be

shown.

venture.

Bids by joint ventures must be executed by each ownership interest in the joint

SECTION 14. SUBMISSION OF BIDS.

Bids must be submitted on Bid Forms provided in the Bidding Documents. Bids shall be submitted at or before the time and place indicated in the INVITATION FOR BID (101 Jungle Hut Road, Palm Coast, Florida 32137) and shall be included in an opaque sealed envelope marked with the Agreement title and name and address of the Bidder and accompanied by the Bid Security, the Affidavit of Non-collusion, (and other documents if called for in the Bidding Documents). If the Bid is sent through the mail, FedEx, UPS, or hand

delivery, deliver to 101 Jungle Hut Rd, Palm Coast, FL 32137 or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof.
Bidder must submit (one (1) original and one (1) copy). Bids received after the time and date specified in the INVITATION FOR BID shall not be considered and will be returned unopened.
SECTION 15. MODIFICATION AND WITHDRAWAL OF BIDS.
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.
If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with DISTRICT, and within 48 hours thereafter demonstrates to the reasonable satisfaction of the DISTRICT 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 DISTRICT 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 16. OPENING OF BIDS.

At the specified time and place as indicated in the "INVITATION FOR BID," Bids shall be opened publicly and read aloud.
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.
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.
The DISTRICT 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 DISTRICT may reject, as non-responsive, any or all Bids where Bidders fail to acknowledge receipt of addenda as prescribed. If the DISTRICT 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.
Discrepancies between words and figures shall be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof shall be resolved in favor of the correct 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.
SECTION 17. BIDS TO REMAIN FIRM.

All Bids shall remain firm for ninety (90) Days after the day of the Bid opening, but DISTRICT may, in its sole discretion, release any Bid and return the Bid Security prior to that date.

Extensions of time when Bids shall remain opened beyond the ninety day period may be made only by mutual agreement between the DISTRICT, the Low Bidder, and the Surety, if any, for the Low Bidder.

SECTION 18. AWARD OF CONTRACT.

Award shall be based on products, Equipment, Materials and other criteria set forth in the Bidding Documents.
The DISTRICT shall publicly post a tabulation sheet. In evaluating Bids, DISTRICT shall consider the qualifications of the Bidders, and whether the Bids comply with the prescribed requirements.
In evaluating Bids, the DISTRICT shall consider the information provided by the Apparent Low Bidder as described in these "INSTRUCTIONS TO BIDDERS."
The DISTRICT 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 DISTRICT. The information shall be certified by a Certified Public Accountant for Bids over $25,000.00. The DISTRICT, at its discretion, may require any or all of the above listed information from any other Bidder.
DISTRICT 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 DISTRICT. When requested by the DISTRICT, the list of Subcontractors must be provided by the Contractor within five (5) days of receiving the request.
DISTRICT 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 DISTRICT’s satisfaction.
DISTRICT reserves the right to reject the Bid of any Bidder who does not satisfy the requirements of the DISTRICT’s evaluation.
DISTRICT reserves the right to reject the Bid of any Bidder who is behind, as determined by the DISTRICT, on the completion schedule for any existing contracts with the DISTRICT, in litigation with the DISTRICT, involved in any dispute resolution procedure with the DISTRICT, has previously defaulted on a contract with the DISTRICT or has previously failed to satisfy all DISTRICT requirements related to life safety including, but not limited to, the maintenance of traffic provisions on existing or previous agreements with the DISTRICT.
If the Agreement is to be awarded, it will be awarded to the lowest responsive, responsible Bidder. DISTRICT reserves the right to reject all Bids.
If the Agreement is to be awarded, DISTRICT will issue the Apparent Low Bidder a Notice of Award within ninety (90) days after the day of the Bid opening.

DISTRICT, while reviewing the Bid of the Apparent Low Bidder, may reasonably require other Bidders to submit promptly for DISTRICT 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 DISTRICT to award the Agreement to any such Bidders, and all information provided shall be at Bidders' sole expense. The DISTRICT shall in no event be obligated to reimburse Bidders for their costs incurred to supply this information to the DISTRICT.
Any of the following causes may be considered as sufficient grounds for disqualification of a Bidder or the rejection of a Bid:
Submission of more than one (1) Bid for the same Work by any entity under the same or different names.
Evidence of collusion among Bidders.
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.
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 DISTRICT, workmanship, progress and financial irresponsibility.
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.
Falsification of any entry made on the Bid Documents shall be deemed a material irregularity and will be grounds, at the DISTRICT’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.
Non-compliance with the submittal requirements of these Instructions To Bidders.
The Agreement will be awarded as soon as possible or within ninety days (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 DISTRICT to do so. The DISTRICT reserves the right to waive any informality in Bids received when such waiver is in the best interests of the DISTRICT. The Agreement will only be entered into with responsible CONTRACTORS, found to be satisfactory by the DISTRICT, qualified by experience and in a financial position to do the Work specified.
AWARD CRITERIA: The award will be based on, but not limited to the following criteria:
The ability, capacity and skill of the Apparent Low Bidder to perform the Work.
Whether the Apparent Low Bidder can perform the Work promptly, or within the time specified, without delay or interference.
The character, integrity, reputation, judgment and efficiency of the Apparent Low Bidder.

The quality of performance of previous contracts or services to the DISTRICT or any other agency or client.

The previous and existing compliance by the Apparent Low Bidder with the DISTRICT Purchasing Procedures, the life safety requirements of the DISTRICT, and other laws and ordinances, regulations.
The sufficiency of the financial resources and ability of the Apparent Low Bidder to perform the Work.
The quantity, availability and adaptability of the Apparent Low Bidder to perform the Agreement or service to the particular needs of the DISTRICT.
The ability of the Apparent Low Bidder to retain employees for the purpose of the Work.
The experience of the Apparent Low Bidder performing work of a similar nature or in a similar manner.
The type, structure and experience of the local or branch management proposed.
Quality Control Program.
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.
Discipline by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years.

SECTION 19. BONDS AND INSURANCE.

The Contract Documents set forth DISTRICT’S requirements as to Bonds and Insurance. When the successful Apparent Low Bidder delivers the executed Agreement to DISTRICT, it shall be accompanied by the required Bonds, Insurance Certificates, American with Disabilities Act Affidavit and Endorsements on forms prescribed by DISTRICT. 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 20. SIGNING OF AGREEMENT.

When DISTRICT 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 DISTRICT together with all submittals required by the Bidding Documents.
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.
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 DISTRICT’s Policies, and the Contract Documents shall be liable to the DISTRICT 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 21. PUBLIC ENTITY CRIMES.

Any Person or affiliate, as defined in Section 287.133, Florida Statutes, shall not be allowed to contract with the DISTRICT, 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.
Any Agreement with the DISTRICT 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 DISTRICT.
SECTION 22. CONCURRENT WORK BY OTHERS.

Bidders are advised that there will be other contractors or the DISTRICT 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.
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 DISTRICT utilities, utilities of others or from the operations of relocating or installing them.
SECTION 23. SPECIAL WARRANTY, GUARANTEE, BONDS, INSURANCE MAINTENANCE, AND CORRECTION PERIOD REQUIREMENTS.

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 24. ALTERNATE BIDS.

Alternate Bids will not be accepted unless specifically called for in the Bid Documents.
SECTION 25. GRATUITIES AND KICKBACKS.

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.

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.
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 26. PERMITS.

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.
The DISTRICT 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 27. LICENSES.

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 at the time of submittal and during the entire Contract Time.

END OF SECTION

BID FORM
DUNES COMMUNITY DEVELOPMENT DISTRICT FLAGLER COUNTY, FLORIDA
FOR THE CONSTRUCTION OF

PROJECT:  DCDD MILLING AND RESURFACING

Name of Bidder:

Mailing Address:

Street Address:

City/State/Zip:
Phone Number: (		) FAX Number: (	) Contractor License Number:

TO:	Dunes Community Development District, 101 Jungle Hut Rd, Palm Coast, FL 32137 (Physical, FedEx, UPS).

Pursuant to and in compliance with your notice inviting sealed Bids (Invitation for 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	, on file at the Dunes Community Development District 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 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 DISTRICT 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.
Attention: Bids shall only be considered from those Bidders who have obtained these Contract Documents from the DISTRICT directly.

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:
TOTAL AMOUNT OF BID: 	

(IN WORDS)

BASE BID = $	

Bidder will provide a signed copy of bid tabs with unit prices (provided on the following page) for each pay item to be included as part of this contract to go along with the total amount bid. An excel (.xlsx) copy of the bid tabulation will be provided to all registered bidders for their convenience.

SUMMARY OF QUANTITIES - DCDD MILLING & RESURFACING	

SECTION	PAY ITEM NO.	
PAY ITEM DESCRIPTION	
LOCATION	
UNIT	
AMOUNT	
UNIT COST ($)	
TOTAL COST ($)	

LUMP SUM ITEMS	101-1	MOBILIZATION	ALONG	ROADWAY	LS	1		$	-	
	102-1	MAINTENANCE OF TRAFFIC (57DA)	ALONG	ROADWAY	LS	1		$	-	

TEMPORARY TRAFFIC CONTROL	102-14	TRAFFIC CONTROL OFFICER	ALONG	ROADWAY	HR	328		$	-	
	102-60	WORK ZONE SIGNS	ALONG	ROADWAY	ED	1539		$	-	
	102-74-1	CHANNELIZING  DEVICES-  TYPE  I,II,DI,VP,DRUM &  LCD	ALONG	ROADWAY	ED	1312		$	-	
	102-76	ADVANCE WARNING ARROW PANELS	ALONG	ROADWAY	ED	82		$	-	
	102-99	PORTABLE CHANGEABLE MESSAGE SIGN, TEMPORARY	ALONG	ROADWAY	ED	164		$	-	

SUMMARY OF PAVEMENT	120-1	REGULAR EXCAVATION	ALONG	ROADWAY	CY	14.5		$	-	
	327-70-6	MILLING EXISTING ASPHALT PAVEMENT	ALONG	ROADWAY	SY	4283		$	-	
	327-70-6	MILLING EXISTING ASPHALT PAVEMENT	ALONG	ROADWAY	SY	35673		$	-	
	327-70-6	MILLING EXISTING ASPHALT PAVEMENT	ALONG	ROADWAY	SY	3108		$	-	
	327-70-19	MILLING EXISTING ASPHALT PAVEMENT	ALONG	ROADWAY	SY	4738		$	-	
	334-1-AA	SUPERPAVE ASPHALTIC CONCRETE	ALONG	ROADWAY	TN	260.6		$	-	
	334-1-AA	SUPERPAVE ASPHALTIC CONCRETE	ALONG	ROADWAY	TN	86.4		$	-	
	337-7-83	ASPHALT CONCRETE FRICTION COURSE (FC-12.5, PG 76-22)	ALONG	ROADWAY	TN	353.3		$	-	
	337-7-83	ASPHALT CONCRETE FRICTION COURSE (FC-12.5, PG 76-22)	ALONG	ROADWAY	TN	2943.1		$	-	
	337-7-83	ASPHALT CONCRETE FRICTION COURSE (FC-12.5, PG 76-22)	ALONG	ROADWAY	TN	256.4		$	-	

PAVEMENT MARKINGS	710-11-111	PAINTED PAVEMENT MARKINGS, STD, WHITE, SKIP, 6"	ALONG	ROADWAY	GM	0.117		$	-	
	710-11-121	PAINTED PAVEMENT MARKINGS, STD, WHITE, SOLID, 6"	ALONG	ROADWAY	GM	1.360		$	-	
	710-11-125	PAINTED PAVEMENT MARKINGS, STANDARD, WHITE, SOLID FOR
STOP LINE OR CROSSWALK, 24"	ALONG	ROADWAY	LF	818		$	-	
	710-11-160	PAINTED PAVEMENT MARKINGS, STD, WHITE, MESSAGE OR
SYMBOL	ALONG	ROADWAY	EA	10		$	-	
	710-11-170	PAINTED PAVEMENT MARKINGS, STD, WHITE, ARROWS	ALONG	ROADWAY	EA	22		$	-	
	710-11-221	PAINTED PAVEMENT MARKINGS, STD, YELLOW, SOLID, 6"	ALONG	ROADWAY	GM	5.210		$	-	
	710-11-224	PAINTED PAVEMENT MARKINGS, STANDARD, YELLOW, SOLID
FOR DIAGONAL OR CHEVRON, 18"	ALONG	ROADWAY	LF	435		$	-	
	710-90	PAINTED PAVEMENT MARKINGS, FINAL SURFACE	ALONG	ROADWAY	LS	1		$	-	
	711-11-111	THERMOPLASTIC, STD, WHITE, SKIP, 6"	ALONG	ROADWAY	GM	0.117		$	-	
	711-11-121	THERMOPLASTIC, STD, WHITE, SOLID, 6"	ALONG	ROADWAY	GM	1.360		$	-	
	711-11-125	THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" FOR STOP
LINE AND CROSSWALK	ALONG	ROADWAY	LF	818		$	-	
	711-11-160	THERMOPLASTIC, STANDARD, WHITE, MESSAGE OR SYMBOL	ALONG	ROADWAY	EA	10		$	-	
	711-11-170	THERMOPLASTIC,  STANDARD,  WHITE,  ARROW	ALONG	ROADWAY	EA	22		$	-	
	711-11-221	THERMOPLASTIC, STD, YELLOW, SOLID, 6"	ALONG	ROADWAY	GM	5.210		$	-	
	711-11-224	THERMOPLASTIC, STANDARD, YELLOW, SOLID, 18" FOR
DIAGONAL  OR  CHEVRON	ALONG	ROADWAY	LF	435		$	-	
OTHER
ITEMS	999-25	INITIAL CONTINGENCY AMOUNT, DO NOT BID	ALONG	ROADWAY	LS	1		$	-	
SUBTOTAL							$	-	
								
TOTAL							$	-	

Bidder Acknowledgements:

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.
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 DISTRICT directly.

The Bidder acknowledges the receipt, execution, and return of the following forms:
Section 00100 - Bid Forms, including alternates and addendum, if any. Section 00150 - Trench Safety Act Form
Section 00160 - Bidder Information Forms (Including W-9 and Public Entity Crimes Form) Section 00300 - Non-Collusion Affidavit of Bidder Form
Section 00310 - Certification of Nonsegregated Facilities Form Section 00330 – Drug-Free Workplace Form
Section 00335 – Conflict of Interest Statement
Section 00630 - Americans with Disabilities Act Affidavit
IN WITNESS WHEREOF, BIDDER has hereunto executed this BID 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)

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 Base Bid, payable to the

DUNES COMMUNITY DEVELOPMENT DISTRICT

The undersigned deposits above-named security as a Bid guarantee and agrees that it shall be forfeited to the DISTRICT 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 DISTRICT and the undersigned fails to execute an Agreement with the DISTRICT as specified in the Contract Documents accompanied by the required Payment and faithful Performance Bonds with Sureties satisfactory to the DISTRICT, and accompanied by the required certificates of insurance coverage, and endorsements.
Should the DISTRICT be required to engage the services of an attorney in connection with the enforcement of this Bid, Bidder promises to pay District’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) 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:		
Attachments:	“A” Material and Equipment List
“B” List of Proposed Subcontractors/Shop Fabricators “C” Certificate of Corporation
“D” Questionnaire
All attachments must be completed and attached to Bidders’ Bid Proposal.

ATTACHMENT A MATERIAL AND EQUIPMENT LIST

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.

By:

Bidder

Authorized Signature Date

ATTACHMENT B
LIST OF PROPOSED SUBCONTRACTORS/SHOP FABRICATORS

NAME OF PROJECT
DCDD Milling and Resurfacing

DUNES COMMUNITY DEVELOPMENT DISTRICT

The Bidder expressly agrees that:
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.
The following list includes all subcontractors and/or shop fabricators who will perform work.
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.)
FAILURE TO COMPLETELY FILL IN THE LIST SHALL CONSTITUTE A NONRESPONSIVE BID AND SHALL BE A CUASE FOR REJECTION.

PREVIOUS WORK EXPERIENCE TOGETHER?
CATEGORY	NAME/ADDRESS	YES	NO

ATTACHMENT C CERTIFICATE OF CORPORATION
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 Dunes Community Development District, a local unit of special-purpose government created and existing under Chapter 190 of the Florida Statutes 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 D 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.
How many years has your organization been in business as a General Contractor?
How many years has your organization been in business as a Subcontractor?
Describe in detail and give the date and owner, including phone numbers and contact person(s), of the last ten (10) projects that you have completed similar in type, size, and nature as the project proposed? Please state if you were the main general contractor or sub-contractor (Use additional sheets if needed)

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

Have you ever failed, or been alleged to have failed, to complete work within the Contract Time? If so, where and why?

Have you ever been assessed liquidated damages, or had liquidated damages assessed against you? If so, where and why?

Have you ever had your bonding restricted or limited?

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

Name three(3) individuals or corporations, not mentioned in 3 above, for which you have performed work and to which you refer:

Have you personally inspected the site of the proposed Work? Describe, in full, any anticipated problems with the site and your proposed solutions?

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

What equipment will you purchase for the Work?

What equipment will you rent for the Work?

Complete the required disclosure form.
Attach a copy of the most current balance sheet (assets and liabilities) for the BIDDER.
State the true and exact, correct, and complete name under which you do business.

BIDDER is:

By Seal

(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:

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 or 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:

FLORIDA TRENCH SAFETY ACT FORM

If this Project involves trench excavations that will exceed a depth of 5 feet, pursuant to Florida Statutes. Chapter 553, Part VI, Trench Safety Act will be in effect and the undersigned Bidder hereby certifies that such Act will be complied with during the construction of this Project.

Bidder acknowledges that included in the various items of the bid and in the total bid price are costs for complying with the Florida Trench Safety Act. Bidder further identifies the cost to be as summarized below:

Trench Safety Measure (Description)

Units of Measure (LF SY)

Quantity	Unit Cost	Extended Cost

A. 	
B. 	
C. 	
D. 	
E. 	

Total Cost: $ 	

Trench Safety Act Form	DCDD Milling and Resurfacing	00150-1

BIDDER INFORMATION

Bidder shall complete the following information and include with their bid submittal.

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.

EXPERIENCE OF BIDDER

NAME OF BIDDER 	
The Bidder shall provide the following information regarding experience within the past five (5) 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	CLIENT’S NAME & ADDRESS:	CONTRACT
AMOUNT	
	PH	FX	$	
Project & Location:	
DATE OF
CONTRACT	CLIENT’S NAME & ADDRESS:	CONTRACT
AMOUNT	
	
PH	
FX	$	
Project & Location:	
DATE OF
CONTRACT	CLIENT’S NAME & ADDRESS:	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)

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	 Dunes Community Development District
(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:)
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.
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.
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.
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.
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 DUNES COMMUNITY DEVELOPMENT DISTRICT IS FOR THE DISTRICT 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 DISTRICT 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
20	.

day of

NOTARY PUBLIC
My commission expires:

Form W-9 (Rev. 10-2007)	Page 1
Form  W-9
(Rev. October 2007)
Department of the Treasury Internal Revenue Service	Request for Taxpayer Identification Number and Certification	
Give form to the requester. Do not send to the IRS.	
Print or type
See Specific Instructions on page 2.	Name (as shown on your income tax return)	
	Business name, if different from above	
	Check appropriate box:	Individual/Sole proprietor	Corporation	Partnership
Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership)	© 	
Other (see instruction©s)	
Exempt payee	
	Address (number, street, and apt. or suite no.)	Requester’s name and address (optional)	
	City, state, and ZIP code		
	List account number(s) here (optional)	
Part I	Taxpayer Identification Number (TIN)	

Social security number

Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.	or

Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.	Employer identification number	
Part II	Certification	
Under penalties of perjury, I certify that:
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
I am a U.S. citizen or other U.S. person (defined below).
Certification instructions.	You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4.

Sign Here

Signature of
U.S. person ©

Date ©

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Purpose of Form
A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or

contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to:
Certify that the TIN you are giving is correct (or you arewaiting for a number to be issued),

Certify that you are not subject to backup withholding, or
Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a
U.S. trade or business is not subject to the withholding tax on foreign partners’ share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
An individual who is a U.S. citizen or U.S. resident alien,
A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States,
An estate (other than a foreign estate), or ● A domestic trust (as defined in Regulations section 301.7701-7).

Form W-9 (Rev. 10-2007)	Page 2

Special rules for partnerships.	Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners’ share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income.
The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases:

The U.S. owner of a disregarded entity and not the entity,

If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8.

What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Cat. No. 10231X	Form W-9 ( Rev. 10-2007)
The U.S. grantor or other owner of a grantor trust and not the

trust, and
The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:
The treaty country. Generally, this must be the same treatyunder which you claimed exemption from tax as a nonresident alien.
The treaty article addressing the income.
The article number (or location) in the tax treaty thatcontains the saving clause and its exceptions.
The type and amount of income that qualifies for theexemption from tax.
Sufficient facts to justify the exemption from tax under theterms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

Payments you receive will be subject to backup withholding if:
You do not furnish your TIN to the requester,
You do not certify your TIN when required (see the Part II instructions on page 3 for details),
The IRS tells the requester that you furnished an incorrect
TIN,
The IRS tells you that you are subject to backupwithholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
You do not certify to the requester that you are not subjectto backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9.
Also see Special rules for partnerships on page 1.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific Instructions
Name
If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name.

Form W-9 (Rev. 10-2007)	Page 3
10.	A real estate investment trust,

If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form.
Sole proprietor. Enter your individual name as shown on your income tax return on the “Name” line. You may enter your business, trade, or “doing business as (DBA)” name on the “Business name” line.
Limited liability company (LLC). Check the “Limited liability company” box only and enter the appropriate code for the tax classification (“D” for disregarded entity, “C” for corporation, “P” for partnership) in the space provided.
For a single-member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301.7701-3, enter the owner’s name on the “Name” line. Enter the LLC’s name on the “Business name” line.

For an LLC classified as a partnership or a corporation, enter the LLC’s name on the “Name” line and any business, trade, or DBA name on the “Business name” line.
Other entities.	Enter your business name as shown on required federal tax documents on the “Name” line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the “Business name” line.
Note. You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.).

Exempt Payee
If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the “Exempt payee” box in the line following the business name, sign and date the form.
Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends.
Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding.
The following payees are exempt from backup withholding:
1 . An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2),
The United States or any of its agencies orinstrumentalities,
A state, the District of Columbia, a possession of the United
States, or any of their political subdivisions or instrumentalities,
A foreign government or any of its political subdivisions,agencies, or instrumentalities, or
An international organization or any of its agencies orinstrumentalities.
Other payees that may be exempt from backup withholding include:
A corporation,
A foreign central bank of issue,
A dealer in securities or commodities required to register inthe United States, the District of Columbia, or a possession of the United States,
A futures commission merchant registered with theCommodity Futures Trading Commission,

An entity registered at all times during the tax year underthe Investment Company Act of 1940,
A common trust fund operated by a bank under section 584(a),
A financial institution,
A middleman known in the investment community as anominee or custodian, or
A trust exempt from tax under section 664 or described insection 4947.

The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15.
IF the payment is for . . .	THEN the payment is exempt for . . .	
Interest and dividend payments	All exempt payees except for 9	
Broker transactions	Exempt payees 1 through 13. Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker	
Barter exchange transactions and patronage dividends	Exempt payees 1 through 5	
Payments over $600 required to be reported and direct
1
sales over $5,000	Generally, exempt payees
2
1 through 7	
1See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation (including gross proceeds paid to an attorney under section 6045(f), even if the attorney is a corporation) and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, and payments for services paid by a federal executive agency.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN).
Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.
If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note. See the chart on page 4 for further clarification of name and TIN combinations.
How to get a TIN.	If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7

Individual
Two or more individuals (joint account)

Custodian account of a minor (Uniform Gift to Minors Act)
a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is not a legal or valid trust under state law
Sole proprietorship or disregarded entity owned by an individual	
The individual	
	The actual owner of the account or, if combined funds, the first individual on the account 1 The minor 2	
	The grantor-trustee 1	
	The actual owner 1	
	
The owner 3	
For this type of account:	Give name and EIN of:	
6. Disregarded entity not owned by an individual	The owner	
7. A valid trust, estate, or pension trust	Legal entity 4	
8. Corporate or LLC electing corporate status on Form 8832	The corporation	
9. Association, club, religious, charitable, educational, or other tax-exempt organization	The organization	
10. Partnership or multi-member LLC	The partnership	
11. A broker or registered nominee	The broker or nominee	
12. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural
program payments	The public entity	

Form W-9 (Rev. 10-2007)	Page 4
and SS-4 from the IRS by visiting www.irs.gov or by calling 1-800- TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W-8.

Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2.
Signature requirements.	Complete the certification as indicated in 1 through 5 below.
Interest, dividend, and barter exchange accountsopened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.
Interest, dividend, broker, and barter exchangeaccounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
Mortgage interest paid by you, acquisition orabandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the Requester

1List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.
2Circle the minor’s name and furnish the minor’s SSN.
3
You must show your individual name and you may also enter your business or “DBA” name on the second name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1.

Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

For this type of account:	Give name and SSN of:	

Form W-9 (Rev. 10-2007)	Page 5

Privacy Act Notice
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
Protect your SSN,
Ensure your employer is protecting your SSN, and ●
Be careful when choosing a tax preparer.
Call the IRS at 1-800-829-1040 if you think your identity has been used inappropriately for tax purposes.
Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777- 4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and
websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1-800- 366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.consumer.gov/idtheft or 1-877-IDTHEFT(438-4338).

Visit the IRS website at www.irs.gov to learn more about identity theft and how to reduce your risk.

Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return.
The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism.

You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also app

THIS PAGE INTENTIONALLY LEFT BLANK

NON-COLLUSION AFFIDAVIT OF BIDDER

State of	)
)ss
County of	)
	, being first duly sworn, deposes and says that:
He/She is 	, of 	, the Bidder that has submitted the attached Bid;
He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;
Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Agreement for which the attached Bid has been submitted or to refrain from bidding in connection with such Agreement, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person, to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Dunes Community Development District, Flagler County, Florida, or any person interested in the proposed Agreement; and
The prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this affiant.

Signed:	

Printed Name:	

Title:	

STATE OF	)
) ss
COUNTY OF	)
The	foregoing	instrument	was	acknowledged	before	me	this		day	of
	, 20	, by 	 who is personally known to me or who has produced 			identification.

Print Name 	 Notary Public in and for the County and State Aforementioned
My commission expires: 	

ATTACH AND INCLUDE THIS PAGE OF NON-COLLUSION AFFIDAVIT OF BIDDER AS PART OF BID FORM; FAILURE TO DO SO SHALL BE CAUSE FOR DISQUALIFICATION OF YOUR BID.

CERTIFICATION OF NONSEGREGATED 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 they 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)

ATTACH AND INCLUDE THIS PAGE AS PART OF BID FORM; FAILURE TO DO MAY BE CAUSE FOR DISQUALIFICATION OF YOUR BID.

Certification of
Nonsegregated Facilities	DCDD Milling and Resurfacing	00310-1

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: DUNES COMMUNITY DEVELOPMENT DISTRICT, 101 JUNGLE HUT RD., PALM COAST,
FL 32137.
WE, THE UNDERSIGNED, HAVE DECLINED TO BID ON YOUR BID, DCDD MILLING AND RESURFACING, FOR THE FOLLOWING REASON(S):
		Specifications are too "restrictive", i.e., geared toward one brand or manufacturer only (please explain reason 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 DUNES COMMUNITY DEVELOPMENT DISTRICT FOR FUTURE PROJECTS.

Signature and Title

Typed Name and Title

Company Name

Address

Telephone Number	Date	Fax Number

Notice of No Bid	DCDD Milling and Resurfacing	00320-1

DRUG-FREE WORK PLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that

	does:
(Name of Business)

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.

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.

Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in subsection (1).

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.

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.

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.
Proposer’s Signature Firm

Date

Drug Free Workspace	DCDD Milling and Resurfacing	00330-1

CONFLICT OF INTEREST STATEMENT

State of	)
)ss
County of	)
Before me, the undersigned authority, personally appeared 	 who was duly sworn, deposes, and states:

I am the	of	

with a local office in 	and

principal office in	.
The above named entity is submitting an Expression of Interest for the Dunes Community Development District project described as DCDD MILLING AND RESURFACING.
The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge.
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.
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.
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.
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.
I certify that no member of the entity’s ownership, management, or staff has a vested interest in any aspect of or Department of the Dunes Community Development District.
I certify that no member of the entity’s ownership or management is presently applying for an employee position or actively seeking a position with the Dunes Community Development District.
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 the Dunes Community Development District in writing.
DATED this 	day of 	, 20    

Typed Name of Affiant

Title

Sworn to and subscribed before me this 	day of 	, 20	

Personally known 	

OR Produced identification 	Notary Public-State of 	

	My commission expires 	 (Type of identification)

(Printed typed or stamped commissioned name of notary public)

TO BE SUBMITTED UPON NOTICE OF AWARD.

SUBCONTRACTS: The CONTRACTOR shall not execute an agreement with any subcontractor or permit any subcontractor to perform any Work included in this Agreement until they have submitted a noncollusion affidavit from the subcontractor in substantially the form shown below and has received written approval of such subcontractor from the DISTRICT.
NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR

State of 	) County of		)ss
	, being first duly sworn, deposes and says that:
He/She is 	 of 	, hereinafter referred to as the "subcontractor";
He/She is fully informed respecting the preparation and contents of the subcontractor's Proposal submitted by the subcontractor to: 		, the CONTRACTOR for certain Work in connection with the 	 Agreement pertaining to the Project in
	(City of County and State);
Such subcontractor's Proposal is genuine and is not a collusive or sham proposal;

Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said subcontractor's Proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Dunes Community Development District or any person interested in the proposed Contract; and
The price or prices quoted in the subcontractor's Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest, including this affiant.
(Signed)	

(PrintName)	

(Title)	

STATE OF	)
) ss
COUNTY OF	)
The foregoing instrument was acknowledged before me this 	day of 	, 20	, by 	, who is personally known to me or who has
produced		 as	identification.

Print Name	 Notary Public in and for the County
and State Aforementioned
My commission expires: 	

AGREEMENT

THIS AGREEMENT is dated as of the 	day of	, 20   , by and between
		, duly authorized to conduct business in the State of Florida, whose address is 		, herein after called the "CONTRACTOR", and DUNES COMMUNITY DEVELOPMENT DISTRICT, 101
Jungle Hut Rd., Palm Coast, FL 32137 (the “DISTRICT”), a local unit of special-purpose government created and existing under Chapter 190 Florida Statutes, for the project known as the DCDD MILLING AND RESURFACING (the “PROJECT”) 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:

Provide milling and resurfacing along Hammock Dunes Parkway and Cam Del Mar as shown in the plans, providing additional milling and resurfacing at the DCDD facility parking lot and at the Hammock Dunes Bridge Toll booth asphalt approaches, Re-striping to match existing pavement markers, Correcting rideability issues at the intersection of Jungle Hut and Hammock Dunes Parkway, Optionally adding a new paved apron entrance to the DCDD facility at Jungle Hut, Making sure to not impact and leave the existing concrete alone at the Toll booth location as well as existing pavers throughout the project.

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

Milling and Resurfacing

Section 2. Engineer.
AGREEMENT

ENGINEER OF RECORD as named in the Contract Documents shall mean

	, whose address is 	.
"CEI" is the DUNES COMMUNITY DEVELOPMENT DISTRICT ENGINEER or the

DISTRICT’s contracted Consultant for construction, engineering and inspection ("CEI") services. As named in the Contract Documents, "CEI" shall mean Kisinger Campo & Associates whose address is
201 North Franklin Street, Suite 400 Tampa, FL 33602.
Section 3. Contract Time.

All provisions regarding Contract Time are essential to the performance of this Agreement.
The Work shall be substantially completed as described in subsection 14.13 of the General Conditions, within fifty-seven (57) 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, 990 within nine (9) calendar days after the actual date of Substantial Completion.
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.
Float time 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 DISTRICT 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.

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.
AGREEMENT

DISTRICT 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 ($	) subject only to increases or decreases made in strict conformance with the Contract Documents.
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.

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.
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.
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.
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 DISTRICT with its own forces, the work of other utility contractors and the work of others at the Project site.
Section 5. Payment Procedures.

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.
Progress Payments. DISTRICT 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.
Final Payment. Upon Final Completion and acceptance of the Work in accordance with subsection 14.9.1 of the General Conditions, DISTRICT 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.

Retainage under the Contract Documents is held as collateral security to secure completion of the Work.
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 DISTRICT 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 Agreement. 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 Section 6.19.2 of the General Conditions.
DISTRICT 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) and the amount of liquidated damages set forth in Section 9 of this Agreement if CONTRACTOR is behind schedule and it is anticipated by DISTRICT that the Work will not be completed within the Contract Time. The additional retainage, under this subsection, may at the DISTRICT'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 Section 6.19.2 of the General Conditions.
Section 7. Contractor's Representations. In order to induce DISTRICT to enter into this Agreement, CONTRACTOR makes the following representations:

CONTRACTOR has familiarized himself 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.
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.
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 Agreement acknowledges the constructability of the Work under the Plans and Specifications. CONTRACTOR by its study, excludes and releases the DISTRICT from any implied warranties including but not limited to the "Spearin Doctrine", that the Plans and Specifications are adequate to perform the Work.
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.
CONTRACTOR has correlated the results of all such observations, examinations,

investigations, tests, reports and data with the terms and conditions of the Contract Documents.
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.
The CONTRACTOR declares and agrees that the approval or acceptance of any part of the Work or Material by the DISTRICT, ENGINEER or any agent relating to compliance with the Contract Documents shall not operate as a waiver by the DISTRICT of strict compliance with the terms and conditions of the Contract Documents.
The CONTRACTOR declares and agrees that the DISTRICT 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 DISTRICT 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.

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 DISTRICT Project Manager and following the procedure indicated in the General Conditions.
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 DISTRICT or both by any governmental entity, district, authority or other jurisdictional entity relating to all permits required for performance of the Work.
CONTRACTOR acknowledges that the performance of the Work under the Contract Documents fulfills a DISTRICT, 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 DISTRICT. The CONTRACTOR shall utilize the attached "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 DISTRICT may take corrective action and deduct the actual costs of corrective action from subsequent Progress Payments or the retainage.
CONTRACTOR acknowledges that the DISTRICT 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 DISTRICT to deduct the actual costs of additional or extended temporary construction easements from Progress payments or the retainage.
Section 8. Contract Documents. The Contract Documents which comprise the entire agreement between DISTRICT and CONTRACTOR are made a part hereof and consist of the following:
This Agreement.
Addenda.
Bid.
American With Disabilities Act Affidavit.
Performance Bond.
Payment Bond.
Material and Workmanship Bond.
Specifications.
Technical Specifications Provided in these Contact.
General Conditions.
Supplementary Conditions including any utility by DISTRICT’s Utility Division.
Notice To Proceed
Change Orders.
Certificate of Substantial Completion.
Certificate of Final Inspection.
Certificate of Engineer.
Certificate of Final Completion
CONTRACTOR's Release.

Drawings and Plans.
Supplemental Agreements.
CONTRACTOR's Waiver of Lien (Partial)
CONTRACTOR's Waiver of Lien (Final and Complete)
Subcontractor/Vendor's Waiver of Lien (Final and Complete)
Consent of Surety to Final Payment
Instructions to Bidders
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.

The DISTRICT and CONTRACTOR recognize that time is essential to the performance of this Agreement and CONTRACTOR recognizes that the DISTRICT 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 DISTRICT if the Work is not completed on time. Accordingly, CONTRACTOR and CONTRACTOR's Surety agree to pay DISTRICT as liquidated damages, and not as a penalty, Sixteen Hundred and Ninety
Four Dollars and No/100 DOLLARS  ($_1694.00_) per Day for each Day CONTRACTOR

exceeds the Contract Time for Substantial Completion until the Work is Substantially Complete, as stated per Specification 8-10.2. It is agreed that if this Work is not Finally Completed in accordance with the Contract Documents, the CONTRACTOR shall pay the DISTRICT as liquidated damages for delay, and not as a penalty, one-fourth (1/4) of the rate set forth above.

The CONTRACTOR shall pay or reimburse, in addition to the liquidated damages specified herein, the DISTRICT'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.
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.

Terms used in this Agreement which are defined in Section 1 of the General Conditions shall have the meanings indicated in the General Conditions.
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, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
DISTRICT and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.
Section 11. 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 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 DUNES COMMUNITY DEVELOPMENT DISTRICT:

Gregory L. Peugh District Manager. 101 Jungle Hut RD.
Palm Coast, FL 32137

FOR CONTRACTOR:

CONTRACTOR’S Superintendent

Section 12. Conflict of Interest.
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 Agreement with the DISTRICT or which would violate or cause others to violate the provisions of part III, Chapter 112, Florida Statues, relating to ethics in government, See DISTRICT Personnel Policy 4.10 (F).
The CONTRACTOR hereby certifies that no officer, agent or employee of the DISTRICT has any material interest (as defined in Section 112.312 (15), Florida Statues, as over 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 Agreement.
Pursuant to Section 216.347, Florida Statutes, the CONTRACTOR hereby agrees that monies received from the DISTRICT pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency.
Section 13. Material Breaches of Agreement.

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 material breach of the Contract Documents.
Upon a material breach of the Contact Documents related to life safety, as determined by the 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 the ENGINEER, then the material breach shall entitle the DISTRICT to terminate this Agreement. The recognition of breaches of the provisions of the Contract Documents related to life safety as material breaches shall not be constructed as a limitation on other remedies for breaches or material breaches of the Contract Documents.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement. All portions of the Contract Documents have been signed or identified by DISTRICT and CONTRACTOR or by ENGINEER on their behalf.

DUNES COMMUNITY DEVELOPMENT DISTRICT: 	
Contractor

BY:		 BY:		
George Degovanni., Chairman	President

ATTEST: 		BY:		

ATTEST: 		BY:		

PERFORMANCE BOND
(100% of Contract Price)
Dunes Community Development District Project: DCDD Milling and Resurfacing

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 DUNES COMMUNITY DEVELOPMENT DISTRICT, 101 Jungle Hut Rd., Palm Coast, FL 32137, hereinafter called DISTRICT, 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.
Dunes Community Development District Telephone Number: 	(386) 445-9045
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the DISTRICT, dated the 	 day of	, 20 , a copy of which is hereto attached and made a part hereof for the construction of
DCDD MILLING AND RESURFACING.	

General description of the Work: The Contractor is responsible for all labor, materials, equipment, coordination, and incidentals necessary to perform the milling and resurfacing improvements in the following locations:
Along Hammock Dunes Parkway from North of Palm Harbor Parkway to 16th RD E. Along Cam Del Mar from A1A to the intersection with pavers at Hammock Dunes Parkway. All existing asphalt pavement in the DCDD facility and parking lot, on Jungle hut. All existing asphalt pavement at the Hammock Dunes Bridge Toll booth. Existing lime rock parking spots located within the DCDD facility.
In addition to the above items, other improvement responsibilities include: Re-striping to match existing pavement markers, Correcting rideability issues at the intersection of Jungle Hut and Hammock Dunes Parkway and optionally adding a new paved apron entrance to the DCDD facility at Jungle Hut.

In addition to the above items, the Contractor is also responsible to ensure that there is to be no impact or work done on the following: Jungle hut road, The existing concrete at the toll booth and any existing pavers throughout the project, specifically at the end of Cam Del Mar and Hotel Trace Blvd. These are locations that should not be disturbed or damaged throughout the project.
This Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and

Pays DISTRICT all liquidated damages, losses, damages, delay damages, expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that DISTRICT sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and
Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the DISTRICT 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 Agreement and the Contract Documents of which the Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the DISTRICT 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 DISTRICT 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 Agreement 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 DISTRICT 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 DISTRICT.
The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon DISTRICT's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by DISTRICT 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 Agreement.
Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement 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 Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other.
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 	
	, 20	.

day  of

ATTEST:

By		 (Principal) Secretary
Name	
(Type) (Corporate Seal)

Principal (Contractor)
By	

Name		 (Type)
Title	 Address		

DISTRICT/State/Zip	 Witness to Principal

Name	
(Type)

Witness to Principal
Name	
(Type)

ATTEST:
By					 (Surety) Secretary			Surety

Name	
(Type) (Corporate Seal)

Phone No. 	 Fax No. 	

By	

Witness as to Surety	Attorney-in-fact

Name	
(Type)
	Witness as to Surety
Name	
(Type)

Name	
(Type)

Address	

DISTRICT/State/Zip	

Phone No. 	 Fax No. 	

NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures 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 DISTRICT.

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.

THIS PAGE INTENTIONALLY LEFT BLANK

PAYMENT BOND
(100% of Contract Price)
Dunes Community Development District Project: DCDD Milling and Resurfacing

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	 DUNES COMMUNITY DEVELOPMENT DISTRICT, 101 Jungle Hut Rd., Palm Coast, FL 32137,
hereinafter  called  “DISTRICT”,  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.
Dunes Community Development District Telephone Number: 	_(386) 445-9045	

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with the DISTRICT, dated the 	day of 	, 20  , and made a part hereof DCDD MILLING AND RESURFACING.
General description of the Work: The Contractor is responsible for all labor, materials, equipment, coordination,  and  incidentals  necessary  to  construct  The  work  consists  of  constructing

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 Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions:

This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended.

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.

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 Agreement.

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.

Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement 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 Agreement or Contract Documents.

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 	 of	, 20	.
ATTEST:

day 	

By		 (Principal) Secretary

Principal
By	

Name	
(Type) (Corporate Seal)

Name	
(Type)
Title	  Address	

DISTRICT/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		 Attorney-in-fact

Witness as to Surety

Name	
(Type)
Name	

Witness as to Surety	(Type)

Name	
(Type)

Address	

DISTRICT/State/Zip	 Phone No. 	 Fax No. 	

NOTE: Date of the Bond must not be prior to date of Agreement. 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 DISTRICT.
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

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MATERIAL AND WORKMANSHIP BOND
(10% of Final Contract Price) 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 the Dunes Community Development District, a local unit of special-purpose government created and existing under Chapter 190 of the Florida Statutes, hereinafter referred to as the DISTRICT 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 DCDD Milling and Resurfacing and
WHEREAS, the aforesaid improvements were made pursuant to an Agreement dated
	, 20   , and filed with the Purchasing and Contracts Management Division; and
WHEREAS, Principal is obligated to protect the DISTRICT 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 DISTRICT 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 DISTRICT 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 DISTRICT, 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 DISTRICT, 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 DISTRICT 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 DISTRICT should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the DISTRICT 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.

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 ventures 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.

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 the DISTRICT.
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 DISTRICT 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 DISTRICT, 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			 of		,		20		,	by					

day 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:	

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DUNES COMMUNITY DEVELOPMENT DISTRICT FLAGLER DISTRICT, FLORIDA
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 DISTRICT.
The CONTRACTOR shall obtain and carry, at all times during its performance of the contract, insurance of the types and in the amounts set forth below. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have a “Bests” rating of at least A+. Within ten (10) calendar days after CONTRACTOR’s receipt of Notice of Award, the CONTRACTOR shall provide the DISTRICT with properly executed Certificates of Insurance to evidence compliance with the insurance requirements of the Contract. The Certificates of Insurance shall be personally, manually signed by the authorized representatives of the insurance companies shown on the Certificates. In addition, certified, true and exact copies of all insurance policies required hereunder shall be promptly provided to the DISTRICT on the DISTRICT’s request.
All insurance coverages of the CONTRACTOR shall be primary to any insurance or self insurance program carried by the DISTRICT applicable to the project. Acceptance by the DISTRICT of any Certificate of Insurance does not constitute approval of agreement by the DISTRICT that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract. No work shall commence at the project site unless and until the required Certificates of Insurance are received by the DISTRICT.
All liability insurance policies, other than professional liability, worker’s compensation and employer’s liability policies obtained by the CONTRACTOR to meet the requirements of the Contract shall name the DISTRICT as an additional insured and shall contain severability of interest provisions. If any insurance provided pursuant to the Contract expires prior to the completion of the work, renewal Certificates of Insurance and, if requested by the DISTRICT, certified, true copies of the renewal policies, shall be furnished by the CONTRACTOR within thirty (30) days prior to the expiration date.
Should the CONTRACTOR, at any time, not maintain the insurance coverages required herein, the DISTRICT may terminate the Contract, or at its sole discretion be authorized to purchase such coverages and charge the CONTRACTOR for such purchase. The DISTRICT shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the DISTRICT to purchase such insurance shall in no way be construed to be a waiver of any of its rights under the Contract.

The CONTRACTOR shall submit to the DISTRICT a copy of all accident reports arising out of any injuries to its employees or those of its subcontractors, or any personal injuries or property damage arising or alleged to have arisen on account of any work under the Contract.

The CONTRACTOR shall obtain and maintain such insurance as will protect the CONTRACTOR from:

claims under worker’s compensation laws, disability benefit laws, or other similar employee benefit laws;

claims for damages because of bodily injury, sickness or disease, or death of any person other than its employees including claims insured by usual personal injury liability coverage; and

claims for injury to or destruction of tangible property including loss of use resulting therefrom, any or all of which claims may arise out of or result from the services, work, and operations carried out pursuant to and under the requirements of the Contract, whether such services, work and operations be by the CONTRACTOR, its employees, or by subcontractor’s, or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.

This insurance shall be obtained and written for not less than the limits of liability specified hereafter, or as required by law, whichever is greater.

The insurance requirements for this Contract, which shall remain in effect throughout its duration, are as follows:

Workers’ Compensation in at least the limits required by law; Employers’ Liability Insurance of not less than $100,000 for each accident.

If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S Longshoremen & Harbor Worker’s Compensation Act & Jones Act.

Comprehensive General Liability Insurance including, but not limited to Independent CONTRACTOR, Contractual, Premise/Operations, Products/Completed, Operations, Explosion, Collapse and Underground and Personal Injury covering the liability assumed under indemnification provisions of this Contract, with limits of liability for personal injury and/or bodily injury, including death, of not less than $500,000 per occurrence; and property damage of not less than $100,000 per occurrence. (Combined Single Limits of not less than $500,000 per occurrence, will be acceptable unless otherwise stated.) Coverage shall be on an “occurrence” basis, and the policy shall include Broad Form Property Damage coverage, and Fire Legal Liability of not less than $50,000 per occurrence, unless otherwise stated by exception herein.

Comprehensive Automobile and Truck liability covering owned, hired and non-owned vehicles with minimum limits of $500,000 for bodily injury, including death, per occurrence, and property damage of not less than $100,000 per occurrence. (Combined
Single Limits of not less than $500,000 per occurrence, will be acceptable unless

INSURANCE

otherwise stated). Coverage shall be on an “occurrence” basis, such insurance to include coverage for loading and unloading hazards.
$2,000,000.00 combined single limits, personal injury and/or bodily injury, including death, and property damage liability insurance as an excess of the primary coverages and limits required above, in follow form or umbrella form.
Each insurance policy shall include the following conditions by endorsement to the policy:
Each policy shall require that thirty (30) days prior to expiration, cancellation, non- renewal or any material change in coverages or limits, a notice thereof shall be given to the DISTRICT by certified mail to: DUNES COMMUNITY DEVELOPMENT DISTRICT ,
Attn: Gregory L. Peugh, District Manager, 101 Jungle Hut Rd., Palm Coast, Florida 32137. The CONTRACTOR shall also notify the DISTRICT, in a like manner, within twenty-four
(24) hours after receipt of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by said CONTRACTOR from its insurer and nothing contained herein shall absolve the CONTRACTOR of this notice requirement.
Companies issuing the insurance policy, or policies, shall have no recourse against the DISTRICT for payment of premiums or assessments for any deductibles. All payment of premiums or assessments are the sole responsibility of the CONTRACTOR and at the CONTRACTOR’s risk.
The term “DISTRICT” shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and offices of DISTRICT and individual members and employees thereof in their official capacities while acting on behalf of the DISTRICT.
The DISTRICT Board of Commissioners shall be endorsed to the required policy or policies as an additional insured.
The policy clause “Other Insurance” shall not apply to any insurance coverage currently held by the DISTRICT to any such future coverage, or to the DISTRICT’s Self- Insured Retentions of whatever nature,
The CONTRACTOR hereby waives subrogation rights for loss or damage against the DISTRICT.

TABLE OF CONTENTS

DIVISION 0 OF THE STANDARD SPECIFICATIONS GENERAL CONDITIONS

Sections	Page
Definitions/Interpretations	2
Preliminary Matters	8
Contract Documents; Intent and Reuse	9
Availability of Lands; Physical Conditions; Reference Points	11
Bonds	13
Contractor's Responsibilities	14
Work by Others	39
DISTRICT's Responsibilities	41
Engineers' and ENGINEER’s of Record Status During Construction	42
Changes in the Work	46
Changes in Contract Price or Contract Time	48
Schedules	57
Warranty or Guarantee, Tests and Inspections, Connections,
Removal or Acceptance of Defective Work	60
Payments to Contractor and Completion	63
Supervision of Work and Termination	68
Value Engineering Incentive	71
Miscellaneous	74
Measurement and Payment	76
Contract Claims Resolution	77

DIVISION 0 STANDARD SPECIFICATIONS GENERAL CONDITIONS
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.
Addendum or 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 DISTRICT accepting the Work as being complete after certification by ENGINEER of Final Completion.
Advertisement - The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished, usually issued as "Invitation To Bid or Notice to Bidders."
Agreement - The written Agreement between DISTRICT 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.
Applicable Laws - Federal laws, state statutes, federal and state regulations and rules, and City of Palm Coast and Flagler County ordinances.
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 DISTRICT 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 DISTRICT 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 - Bid, Performance and Payment Bonds, and other 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 DISTRICT or DISTRICT’S ENGINEER 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.

Construction Change Directive - A document authorizing additional work and the commencement thereof. This document will be followed by a Change Order amending the Contract if a change in the Contract Price or Contract Time is involved.
Consultant - The professional engineer or engineering firm registered in the State of Florida who performs professional engineering services for the DISTRICT other than DISTRICT personnel. The Consultant may be the ENGINEER OF RECORD or may provide services through and be subcontracted to the ENGINEER OF RECORD.
Contract - The agreement between DISTRICT and CONTRACTOR as evidenced by the Contract documents which include: the Agreement itself consisting of those agreements, covenants, and provisions next preceding the signatures of the parties thereto, together with the Specifications defined, the addenda issued prior to the receipt of Bids, and all provisions required by law to be inserted in this Contract, whether actually inserted or not.
Contract Claim - Any dispute arising out of or related to the Contract Documents between the DISTRICT 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 DISTRICT 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 DISTRICT 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 Four (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 DISTRICT).
DISTRICT – The Dunes Community Development District; the owner.
District’s Field Manager - Same as Project Field Manager.
Directions - "Directed", "Required", "Permitted", "Ordered", "Designated", "Prescribed", and words of like import shall imply, unless otherwise specifically provided, the direction, requirement, permission, order,

designation, or prescription of DISTRICT or ENGINEER; and "Approved", "Acceptable", "Satisfactory", "in the judgment of", and words of like import shall mean, unless otherwise specifically provided, approved by, or acceptable to, or satisfactory to, or in the judgment of DISTRICT or ENGINEER.
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 District’s Engineer, acting directly or through duly authorized representatives; such representatives (Project Field Managers) acting within the scope of the duties and authorities assigned to them for construction, engineering and inspection.
ENGINEER OF RECORD - The Professional Engineer or Engineering Firm registered in the State of Florida that performs civil, structural, mechanical, electrical and/or plumbing engineering services for the District. The Engineer of Record may be the District’s Engineer.
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. Final completion includes, but is not limited to, submittal of completed as-built drawings, all damage repaired, all vegetation restored (sod placed and/or seeding completed and sprouted).
Float Time (Slack Time) - 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 in the schedule.
General Conditions - Division I of the Standard Specifications.
Holidays - Days designated by the DISTRICT as legal holidays. These days are: New Year's Day	-	January 1st
Presidents Day	-	Third Monday in February
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 - See Project Field Manager.
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.
MUTCD - "Manual on Uniform Traffic Control Devices", by FHWA.
Notice of Award - The written notice of the acceptance of the Bid from DISTRICT to Low Bidder.
Notice to Proceed - The written notice issued by DISTRICT to CONTRACTOR authorizing it to proceed with the Work and establishing the Date of Commencement of the Contract Time.
OSHA - Occupational Safety and Health Act of 1970.
Owner - Refer to definition of DISTRICT.
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 Field Manager - The authorized individual, representing the ENGINEER, assigned to the daily on-site construction management and inspection. This is the DISTRICT’S primary representative to whom the CONTRACTOR will communicate with and respond to. This term is synonymous with the word “Inspector.”
Proposal Guaranty - The security designated to be furnished by the Bidder as guarantee that he will enter into the contract for the work if his proposal is accepted.
Responsive bid – A bid in which the bidder describes the work in the same fashion as the DISTRICT. 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 DISTRICT 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 DISTRICT 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 DISTRICT.

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.
Site - The area upon or in which CONTRACTOR'S operations are carried on and such other area adjacent thereto as may be designated as such by ENGINEER.
Special Provisions - Specific clauses supplemental to the General Provisions Or Technical Specifications, setting forth conditions varying from or additional to said specifications, for a specific project.
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, (2007).
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 DISTRICT, 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.
Time Impact Analysis - A time estimating procedure that utilizes networking techniques (fragnets) and an analysis of the facts associated with each delay to demonstrate its effect on the project schedule. A fragnet is defined as a sequence of new activities and/or activity revisions that are proposed to be added to the existing schedule to demonstrate the influence of delay and also the method for incorporating delays and impacts into the schedule. Its objective is to pinpoint, isolate and quantify any time impact associated with a specific issue and determine its time relationship to past or current delays.
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: electric, DISTRICT utilities, 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 DISTRICT and in accordance with DISTRICT’s written instructions, either correct Defective Work or, if it has been rejected by DISTRICT, 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.
Waste Disposal – All materials removed from the project site for disposal as called for in the plans and specifications shall be done in a legal manner in conformance with all local, state and federal guidelines
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.
Written Notice - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party or his authorized representative on the work.

Interpretations.

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.
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 subsection, or to a part, or a sub-part, or any combination of them, depending on the intent of the reference.
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.
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

Copies of Documents. DISTRICT shall furnish to CONTRACTOR three (3) copies of the Contract Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies.
Commencement of the Contract Time; Notice to Proceed.

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.

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 DISTRICT.
Prior to the issuance of a Notice to Proceed, a preconstruction conference shall be attended by the CONTRACTOR and his subcontractors, ENGINEER and DISTRICT 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 DISTRICT 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 DISTRICT 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.
Before Starting Construction.

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 DISTRICT 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.
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.
DISTRICT 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.
Before starting construction, the CONTRACTOR shall initiate his coordination and scheduling of the work by utility contractors, the DISTRICT’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.
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 DISTRICT directs, to attend the conference.
SECTION 3 - CONTRACT DOCUMENTS; INTENT AND REUSE.

Applicable Law; Intent.

The Contract Documents comprise the entire agreement between DISTRICT 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.

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 DISTRICT, 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 DISTRICT 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.
Priority of the Contract Documents.

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 DISTRICT 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.
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.
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.
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.

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.
Use of Forms Provided. Unless DISTRICT provides in writing to the contrary, only those forms provided by DISTRICT with the sole exception of the Bid Bond shall be used and no modifications or substitutions shall be allowed.
Re-use of Documents. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization (other than the DISTRICT) 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 DISTRICT.
SECTION 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS

Availability of Lands.

DISTRICT 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. Any additional lands, Rights- of-Way and easements not furnished by DISTRICT 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 DISTRICT or obtained at its expense.
CONTRACTOR shall obtain permits and written approvals (and submit copies to DISTRICT before utilization of those areas) from the appropriate governmental entity or property owner(s), for use of lands not furnished by DISTRICT; 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.
In addition to all other associated permits and licenses required to perfomr work in Flagler County, CONTRACTOR shall also obtain RIGHT-OF-WAY UTILIZATION permit from Flagler County prior to commencing construction operations or utililizing areas for temporary storage or installing temporary facilities. Note that the FEE is 1% of construction cost. Cost of fee shall be included in cost of mobilization.
Access to DISTRICT 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.
Physical Conditions (Including Underground Facilities).

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 DISTRICT 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 DISTRICT or others, shown or indicated in the Contract Documents.
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 DISTRICT or ENGINEER OF RECORD by the owners of such Underground Facilities or by

others. DISTRICT, 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.
If the Contract Documents necessitate amending to order changes in the Work due to Underground Facilities owned by the DISTRICT or others, whether they be shown or indicated or newly discovered, DISTRICT shall authorize the required changes in the Work by Change Order. If those Underground Facilities owned by the DISTRICT 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 acceleration costs, however caused; except that, if DISTRICT and CONTRACTOR agree that the delays require a change in Contract Time, DISTRICT 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 DISTRICT 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 DISTRICT or others shown or indicated, or from newly discovered Underground Facilities owned by the DISTRICT 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.
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.
Resolution of a Report of Differing Physical Conditions.

Promptly after receipt of notice from CONTRACTOR, ENGINEER will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests, and advise DISTRICT 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.
If the DISTRICT, with the advice of ENGINEER, concludes that the conditions do materially differ, and that the Contract Documents need to be amended, DISTRICT 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 DISTRICT 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.
If the DISTRICT, 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. DISTRICT’s determination that the Contract Documents do not need to be amended shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to DISTRICT 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.
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, DISTRICT shall make an adjustment in Contract Price or Contract Time or both, subject to the provisions of this Section, and Sections 10 and 11.
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.
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.
Engineering and Layout.

project.

Vertical and horizontal control points or bench marks have not been established for this

SECTION 5 - BONDS

Performance, Payment and Other Bonds.

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 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 DISTRICT’s benefit and its successors or assigns, as obligee, and no other person shall have any right of action based thereon.
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.
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 DISTRICT.
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 DISTRICT. If DISTRICT has a reasonable objection to the proposed Surety, DISTRICT 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, DISTRICT 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

Supervision and Superintendence.

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.

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. DISTRICT 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.

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 DISTRICT or ENGINEER.

No Work shall be performed by any Subcontractors without the CONTRACTOR's Superintendent physically present on the Work site.

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), DISTRICT work, and the work of others at the Project site.

Personnel and Working Hours.

CONTRACTOR shall at all times maintain good discipline and order at the site.

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, if necessary, (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.
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 DISTRICT’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 obtain written permission from DISTRICT.
DISTRICT shall be entitled to deduct from the Contract Price, by issuing a Change Order, DISTRICT’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 DISTRICT while acting as DISTRICT’s representative (including charges outside of normal Working hours for Construction Manager, Field Representatives, and Inspectors), DISTRICT’s costs incurred in the performance of DISTRICT’s responsibilities as set forth in the Contract Documents, and other related costs.
Apprentices. CONTRACTOR's utilization of apprentices shall conform to the provisions of Chapter 446, Florida Statutes.
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.
Items of Material or Equipment.

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 DISTRICT’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.
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 DISTRICT through CONTRACTOR.
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.
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.
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.
Equivalent Materials and Equipment.

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.
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.
ENGINEER shall be the sole judge of acceptability, and no substitute shall be ordered or installed without ENGINEER’s prior written acceptance. However, DISTRICT reserves the right to reject any proposed substitute which would result in an increase in Contract Price or Contract Time, and DISTRICT 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.
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, DISTRICT shall be entitled to deduct from the Contract Price, by issuing a Change Order, DISTRICT’s costs including the charges of ENGINEER, ENGINEER OF RECORD and their consultants for evaluating any proposed substitute.
The net difference in cost between the substitute item and that specified shall benefit DISTRICT 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.
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.
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.
Concerning Subcontractors, Suppliers and Others.

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 DISTRICT or ENGINEER may have reasonable objection. A Subcontractor, Supplier or other person or organization identified in writing to DISTRICT and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by DISTRICT or ENGINEER prior to the Notice of Award will be deemed acceptable to DISTRICT or ENGINEER. Acceptance of any Subcontractor, Supplier or other person or organization by DISTRICT or ENGINEER shall not constitute a waiver of any right of DISTRICT or ENGINEER to reject Defective Work by CONTRACTOR or any Subcontractor, Supplier or any other person or organization. If DISTRICT 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 DISTRICT 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.
CONTRACTOR shall give prompt written notice to DISTRICT with copy to ENGINEER of CONTRACTOR's intent to remove or replace a Subcontractor, Supplier or other person.
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 DISTRICT 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 DISTRICT 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. DISTRICT 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.
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.
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 DISTRICT.
If requested in writing by DISTRICT, CONTRACTOR shall deliver to DISTRICT 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 DISTRICT’s request.
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 DISTRICT 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.
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 DISTRICT or both relating to any permit violation.
Laws and Regulations.

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.
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.
Use of Premises.

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.
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 DISTRICT, abutters and the public. CONTRACTOR shall obtain DISTRICT’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.
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.
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 DISTRICT. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents.
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.
During the progress of the Work, CONTRACTOR shall maintain the Project premises including, but not limited to, all property owned by the DISTRICT and all easements (temporary and permanent).
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 DISTRICT. In addition, CONTRACTOR shall submit on a daily basis two (2) copies of the preceding day's daily report to the DISTRICT 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.
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 asbuilt 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 DISTRICT. 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.
Safety and Protection.

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 DISTRICT and CONTRACTOR that the Work is acceptable.

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.
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 DISTRICT.
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.
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 DISTRICT or CONTRACTOR to any adjacent or adjoining landowner or other party before commencement of any Work, such notice shall be given by CONTRACTOR.
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.
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.
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, DISTRICT personnel or other persons.
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:
Trench Safety Procedures;
Confined Space Entry Procedures;

Compliance with all U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) requirements applicable to the Work;
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;
Provide all necessary personnel protective equipment including as necessary, but not limited to, the following: hard hats, safety glasses, respirators, ear protection, protective clothing;
Assure observation of all applicable speed limits;
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.
The safety plan shall assure proper use of lasers or other activities involving combustibles;
The safety plan shall assure that during welding and cutting operations, the CONTRACTOR shall provide appropriate fire watchmen and fire extinguishers;
CONTRACTOR's safety plan shall assure that all heavy equipment shall be equipped as required by all applicable OSHA, ANSI, or other regulations.
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 DISTRICT, 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.
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 DISTRICT, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give DISTRICT 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 DISTRICT determines that changes are required, DISTRICT 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, DISTRICT shall make an adjustment in Contract Price or Contract Time, as provided in Sections 10 and 11.
Shop Drawings and Samples.

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 DISTRICT, 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.
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.
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.
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.

ENGINEER will review Shop Drawings and review samples and return CONTRACTOR's submittals stamped with the following notation:
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.
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.
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".
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 DISTRICT under the terms of their agreements with DISTRICT. DISTRICT shall be entitled to deduct these costs from the Contract Price by issuing a Change Order.
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.
Continuing the Work. CONTRACTOR shall carry on the Work and maintain the Progress Schedule during all disputes or disagreements with DISTRICT. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and DISTRICT may otherwise agree in writing. Suspension of the Work by CONTRACTOR during any dispute or disagreement with DISTRICT shall entitle DISTRICT to terminate the CONTRACT for cause, except as otherwise provided in Section 15.
Indemnity.

To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless and defend (provide and pay for legal defense) DISTRICT, 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.
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.
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.

CONTRACTOR shall also indemnify and hold harmless the DISTRICT, 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.
At DISTRICT’s sole option and utilizing attorneys agreeable to DISTRICT, CONTRACTOR shall defend all suits or claims as set out in this Section 6.18.
In the event that DISTRICT incurs costs contrary to this indemnification agreement, DISTRICT shall be entitled to deduct these costs from the Contract Price by issuing a Change Order.
Progress of the Work.

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, (1) temporary utility provisions for water, sewer, electrical, telephone and other utilities in service, and (2) 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 DISTRICT may withhold additional retainage as provided in Section 6 of the Agreement.
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 DISTRICT.
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 DISTRICT. DISTRICT 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.
Project Meetings.

The CONTRACTOR along with appropriate subcontractors shall attend Project meetings requested by ENGINEER or DISTRICT 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, DISTRICT shall be entitled to deduct the costs of DISTRICT, ENGINEER, and ENGINEER OF RECORD representatives attending the meeting from the CONTRACT PRICE by issuing a Change Order.
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 DISTRICT’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.
CONTRACTOR's obligation to coordinate the Progress Schedule with all utility contractors, the DISTRICT’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 DISTRICT 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, DISTRICT 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, DISTRICT and work by others must be coordinated with the CONTRACTOR's Work and operations to avoid delay.
CONTRACTOR Not Agent of DISTRICT. CONTRACTOR shall perform all Work under the Contract Documents as an independent contractor and shall not be considered an agent of DISTRICT, nor shall CONTRACTOR's Subcontractors or Suppliers or employees be considered agents of DISTRICT. CONTRACTOR and not DISTRICT 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.
Inspection and Audit.

DISTRICT 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.
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.
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.
Truth-In-Negotiation.

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 DISTRICT when making additions or deductions to the Contract Price. CONTRACTOR further warrants that all Cost and Pricing Data provided to ENGINEER and DISTRICT 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 DISTRICT immediately. DISTRICT 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.
Despite any provisions in the Contract Documents to the contrary, any amounts paid by DISTRICT to CONTRACTOR in excess of what it is entitled under the Contract Documents shall be reimbursed by CONTRACTOR to DISTRICT. The making of Final Payment to CONTRACTOR shall not be a waiver of DISTRICT’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 DISTRICT’s making Final Payment.

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.
Correspondence. All CONTRACTORS's correspondence shall include the DISTRICT’s Project name and the DISTRICT’s designated contract number. All CONTRACTOR's correspondence shall have identification 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.
Protection of Historical Properties.

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.
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 DISTRICT and CONTRACTOR believe the delays require an extension in Contract Time, DISTRICT shall authorize the necessary change in Contract Time only and CONTRACTOR shall not be entitled to any increase in Contract Price.
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 DISTRICT (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.

Additional Provisions.

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.

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.

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.

Inspection and Tests at Source of Supply.

If the volume, progress of the Work, and other considerations warrant the ENGINEER may undertake the inspection of Materials at the source of supply.

The CONTRACTOR shall assure that the DISTRICT 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.

The DISTRICT, 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.

The DISTRICT 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.

Control by Samples and Tests.

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 DISTRICT. 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 DISTRICT.

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.
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.
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.
Sieves shall conform to the requirements of AASHTO M 92.
As a general practice, the DISTRICT, 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 DISTRICT’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.
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.
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.
For all aggregates entering into asphaltic concrete mixes, the ENGINEER shall not sample any aggregates for use in the asphalt mixes. Aggregates are to be part of the approved mix designs submitted for use on the project.
For the designs of asphaltic concrete mixes, the CONTRACTOR is required to submit for acceptance from the ENGINEER. Mixes for roadway use will need to be approved by the FDOT.
Storage of Materials.

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.
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.
The protection of stored Materials shall be the CONTRACTOR's responsibility and the DISTRICT shall not be liable for any loss of Materials, by theft or otherwise, nor for any damage to the stored Materials.
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.
Preservation of Property.

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.
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.
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, City roadways or DISTRICT 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.
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.
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.
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.

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.
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 DISTRICT 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.
Utilities.

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:
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.
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.
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.
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 coordination 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 DISTRICT 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 DISTRICT 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 DISTRICT will not assume responsibility for utility adjustments or temporary relocation Work, nor for the conditions resulting therefrom.
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.
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.
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.
CONTRACTOR's Responsibility For Work. Until acceptance of the Work by the DISTRICT 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 DISTRICT 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.
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.
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.
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.
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.
Protection of Structures. Heavy Equipment shall not be operated close enough to pipe headwalls or other structures to cause their displacement.
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.
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.
Contractor's Vacation.

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.

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.
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.
The DISTRICT 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.
The CONTRACTOR shall retain sufficient personnel at the job site to properly maintain all maintenance of traffic requirements.
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.
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.
Computation of Contract Time.

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, DISTRICT 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.
Adjusting Contract Time.
The DISTRICT 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 DISTRICT 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:
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;
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:
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;
Utility Work actually affected progress toward completion of Controlling Work
Items; and,
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.
Such delays exceed thrity (30) impact to Controlling Work Items.

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.
Rights In and Use of Materials Found On the Site of the Work.

Except as provided in the Plans and Specifications, all Materials which are not the property of the DISTRICT 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 DISTRICT 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.
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.
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 DISTRICT’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.
Maintenance of Traffic.

The Maintenance of Traffic requirements of the Contract Documents are essential life safety requirements designed to assure the safety of the traveling public.
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.

Pollution, Vibration and Noise Controls.

Scope of Work. The CONTRACTOR shall minimize noise, vibration, and air pollution caused by construction activities. The CONTRACTOR shall control the generation and disposal of solid and hazardous wastes.
Implementation.
Noise Control shall be in accordance with Federal, State, and DISTRICT regulations. The CONTRACTOR shall comply with all DISTRICT Ordinances and regulations dealing with noise abatement.
Vibration Control shall be in accordance with Federal, State, and DISTRICT regulations. It is the CONTRACTOR's sole responsibility to prevent damage from vibration to adjacent structures and property.
Air Pollution Control shall be in accordance with Federal, State, and DISTRICT regulations.
Dust and Waste Control.

CONTRACTOR shall take precautions to minimize dust emissions from operations involving demolition, excavation, grading, clearing of land and disposal of solid waste.
Solid and Hazardous Waste Control shall be in accordance with Federal, State, and DISTRICT regulations. The CONTRACTOR is solely responsible for the disposal of any hazardous waste that is generated by the CONTRACTOR's operation.
In order to implement these regulations, CONTRACTOR shall use the following procedures and techniques:
Air Pollution.
Dust
Cover loads of materials, debris and soil transported from construction sites.
As necessary, provide street sweeps and water downs on streets which have heavy volumes of construction vehicles carrying debris and excavated materials.
As needed, wash trucks which haul soil from the site.
Water down construction sites as needed to suppress dust, during handling of excavation soil, debris or during demolition.
Remove scrap and waste material and dispose of in accordance with laws, codes, regulations, ordinances and permits.
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.
Solid and Hazardous Waste.
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.
Haul routes for transporting solid or hazardous wastes shall comply with the

requirements of state and local authorities.
Temporary Facilities.

Description.	This section describes the CONTRACTOR'S responsibility for temporary facilities and utilities that the CONTRACTOR may require during construction.
Scope.
Provide temporary facilities required which may include, but are not necessarily limited to, the following:

Telephone (two lines at a minimum)
Storage sheds
Temporary water service
Temporary sanitary service
Temporary lighting and electrical service
Temporary fire protection
Safety and Visitor Protection
Furnish and install temporary water service for use throughout construction period.
Water for construction purposes.
Water for other purposes:
Testing
Temporary sanitary facilities
Cleaning
Drinking water.
Maintain adequate volume of water for all purposes.
Provide separate supply of potable water. If supplied from DISTRICT source, the system shall be protected by approved back flow devices.
Maintain strict supervision of use of temporary services.
Enforce conformance with applicable codes and standards.
Enforce sanitary practices.
Prevent abuse of services.
Prevent wasteful use of water.
Pay costs for temporary water supply used by all trades, including costs of installation, maintenance, and removal of pipe and equipment.
Requirements of Regulatory Agencies.
Obtain, pay for permits, fees, deposits required by governing authorities.
Comply with federal, state and local codes.
Temporary Electric and Lighting.
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.

Maintain strict supervision of use of temporary services.
Enforce conformance with applicable standards.
Enforce safe practices.
Prevent abuse of services.
Pay costs of, installation, maintenance and removal of temporary electrical services used.
6.49.3.4. Requirements of Regulatory Agencies.
Obtain and pay for permits as required by governing authorities.
Comply with applicable codes.
National Electrical Code.
National Electrical Safety Code.
National Fire Protection Association Pamphlet.
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.
Temporary Sanitary Facilities.
Furnish, install and maintain temporary sanitary facilities for use throughout construction

period. drinking water.

Potable water for construction personnel using portable containers to dispense

Enclosed toilet facilities for construction personnel.

Maintain strict supervision of use of facilities.
Enforce conformance with applicable standards.
Maintain, service and clean facilities.
Enforce proper use of sanitary facilities.
Cost of Installation and Operation.
Pay costs of temporary sanitary facilities, including costs of installation, maintenance and removal.
Pay service charges for use of portable units.
Pay costs of water or ice.
6.49.4. Facility Locations.
Within the project site.
Drinking water: Convenient to work stations.
Toilet and washing facilities:
Secluded from public observation if possible.
Convenient for use of personnel in relation to work stations.
6.49.4.5 Requirements of Regulatory Agencies.
Obtain and pay for permits as required by governing authorities.

site.

Comply with federal, state and local codes, and utility company regulations.
Contractor Employee Parking.
The CONTRACTOR is to submit a plan of intended parking areas prior to mobilizing on

The CONTRACTOR is to maintain strict supervision of use of the parking areas. The

CONTRACTOR is to maintain, service and clean the areas.
Contractor Offices.
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 DISTRICT.
The CONTRACTOR shall provide the following temporary utilities for the office

trailers:

Potable water
Sanitary sewer
Electrical
Telephone (two lines at a minimum)
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.
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.
Video and Photographs.

Not Required for this project.
Field Materials on Private Property. Work performed on private property when the DISTRICT 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

Related Work At Site.

DISTRICT may perform other work at the site by DISTRICT’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.
CONTRACTOR shall afford each owner and contractor (or DISTRICT, if DISTRICT is performing the additional work with DISTRICT’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.
If any part of CONTRACTOR's Work depends for proper execution or results upon the work of DISTRICT 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.
If DISTRICT 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 DISTRICT nor ENGINEER shall have any authority or responsibility in respect of such coordination.
Mutual Duties and Responsibilities.

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, DISTRICT, 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.
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 DISTRICT, 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 DISTRICT, ENGINEER, ENGINEER OF RECORD or their consultants, directors, officers, agents, or employees on account of these.
In the event that DISTRICT incurs costs contrary to the provisions of this subsection, DISTRICT will be entitled to deduct these costs from the Contract Price by issuing a Change Order.

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 DISTRICT agrees that the delay requires an adjustment in Contract Time, DISTRICT 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 DISTRICT, 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.
Contract Time Coordination.

CONTRACTOR shall give prompt written notice to DISTRICT, 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.
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.
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 - DISTRICT’S RESPONSIBILITIES

General.

DISTRICT shall generally issue all communications to CONTRACTOR through ENGINEER. However, communications related to Contract Claims shall be issued by the DISTRICT’s District Manager.
In case of termination of the employment of an ENGINEER, DISTRICT shall appoint a new ENGINEER whose status under the Contract Documents shall be that of the former ENGINEER.
DISTRICT shall furnish the data required of DISTRICT under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in Section 14.
DISTRICT’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.

DISTRICT will issue unilaterally or negotiate, at its discretion, Change Orders as provided in these Contract Documents.
DISTRICT’s responsibility in respect of certain inspections, tests and approvals is set forth in Section 13.
DISTRICT may allow its consultants, agents, attorneys, employees, and others access to the site. CONTRACTOR shall cooperate with DISTRICT in allowing such access.
SECTION 9 - ENGINEER’S AND ENGINEER OF RECORD'S STATUS DURING CONSTRUCTION

DISTRICT’S Representative. ENGINEER will be DISTRICT’s representative during the construction of the Work. The duties and responsibilities and the limitations of authority of ENGINEER as DISTRICT’s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of DISTRICT and ENGINEER.

Visits to Site.

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.
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.
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. DISTRICT may designate another agent to represent DISTRICT at the site who is not ENGINEER’s agent or employee.
Duties, Responsibilities and Limitations of Authority of Project Manager.

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 DISTRICT through ENGINEER. CONTRACTOR shall generally issue all communications to DISTRICT, ENGINEER OF RECORD and ENGINEER through Project Manager.
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 DISTRICT, as applicable.
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 DISTRICT, utility contractors, or the work of others or the CONTRACTOR's responsibility for scheduling and sequencing its Work with the work of the DISTRICT, utility contractors or the work of others.
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 DISTRICT’s liaison with CONTRACTOR when CONTRACTOR's operations affect DISTRICT’s on-site operations, and when additional information is required from DISTRICT for proper execution of the Work.
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.
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.
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.
Project Manager will notify CONTRACTOR of any Work that is to be uncovered for observation, testing inspection or approval.
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.
Project Manager will transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER.
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 DISTRICT.
Project Manager will report promptly to ENGINEER and DISTRICT upon gaining knowledge of the occurrence of any accident at the site.
Project Manager will prepare reports of the progress of the Work and of CONTRACTOR's compliance with the Progress Schedule.
Project Manager will consult as appropriate with ENGINEER in advance of scheduled major tests, inspections or the commencement of important phases of the Work.
Project Manager will review and evaluate CONTRACTOR's Application for Payment and advise ENGINEER accordingly.
Project Manager will review and evaluate CONTRACTOR's notice that CONTRACTOR considers the Work (or part thereof) substantially complete and advise ENGINEER accordingly.

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.
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.
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.
Duties, Responsibilities and Limitations of Authority of Field Representative(s).

As requested by Project Manager, Field Representative(s) will assist in obtaining from DISTRICT additional details or information, when required at the job site for proper execution of the Work.
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.
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.
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.
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.
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.
Field Representative(s) will report to Project Manager when clarifications and interpretations of the Contract Documents are needed or requested.
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.
Field Representative(s) will assist Project Manager with record keeping as directed by Project Manager.
Field Representative(s) will report immediately to DISTRICT, ENGINEER and Project Manager upon gaining knowledge of the occurrence of any accident.
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.
Field Representative(s) will prepare draft lists of items to be completed or corrected (punch lists) as directed by Project Manager.
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.
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.
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.
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.
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 DISTRICT written notice of a Contract Claim.
Decisions on Disputes. ENGINEER will be the initial interpreter of the requirements of the Contract Documents, and in such capaDISTRICT 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 DISTRICT written notice of a Contract Claim within seven (7) days of receipt of such decision.
Limitations on ENGINEER’s and ENGINEER OF RECORD's Responsibilities.

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.
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.
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.

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

Changes in the Work.

Without invalidating the Agreement and without notice to any Surety, DISTRICT 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, DISTRICT will make an adjustment as provided in Section 11.
DISTRICT 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.
DISTRICT 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 DISTRICT 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 DISTRICT, ENGINEER, or any other source.
In making changes under this Section, DISTRICT 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 DISTRICT or ENGINEER any additional or supplemental information requested for purposes of evaluation of CONTRACTOR's submittal, but such requests by the DISTRICT or ENGINEER will not constitute acceptance of the notice, proposal or Contract Claim.
ENGINEER will evaluate a change notice from CONTRACTOR, and DISTRICT will review with CONTRACTOR the results of the evaluation before rendering a determination. If DISTRICT, 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 DISTRICT concludes that a change has not occurred or been ordered, DISTRICT’s determination shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to DISTRICT written notice of a Contract Claim within seven (7) days from receipt of such decision.
Change Orders and Change Requests.

Contract Price, Contract Time or scope of the Work shall be changed only by Change Order (unilateral or bilateral).
A Change Order duly executed by DISTRICT 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.

DISTRICT 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.
A Change Order, duly executed by DISTRICT, 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 DISTRICT written notice of a Contract Claim within seven (7) days after receipt of that instrument.
Waivers.

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.
No Contract Claim by CONTRACTOR for an adjustment under this Section shall be allowed if made after the date of Final Payment.
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.
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 DISTRICT 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.
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 DISTRICT’S actual notice or lack of prejudice to the DISTRICT.
SECTION 11 CHANGES IN CONTRACT PRICE OR CONTRACT TIME

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.
Change Requests or Contract Claims Substantiating Adjustments.

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.
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.
CONTRACTOR change request and Contract Claim supporting data shall become due within seven (7) days of receipt of a change request or receipt by DISTRICT 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.
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.
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.
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.
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.
Contract Claims shall be resolved under the Purchasing and Contracts Division Procedures provisions.
Methods for Determining Adjustments in Contract Price.

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:
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.
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.

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.
Where DISTRICT and CONTRACTOR cannot agree on any of the methods described in subsections 11.3.2, 11.3.3, or 11.3.4, DISTRICT 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 DISTRICT, DISTRICT 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.
Where DISTRICT and CONTRACTOR cannot agree on any of the methods described in subsections 11.3.2, 11.3.3, or 11.3.4, and the DISTRICT does not wish to proceed on a Cost of the Work basis as described in subsection 11.3.5, DISTRICT 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. DISTRICT’s determination shall be final and binding unless CONTRACTOR delivers to DISTRICT written notice of a Contract Claim within seven (7) days of receipt of such unilateral Change Order.
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.
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.
Determining Cost Adjustments to Changes in Contract Price.

CONTRACTOR shall provide to ENGINEER proof of any burdens, including insurance costs, added to base wages to determine payroll costs described in this Section.
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 DISTRICT 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 DISTRICT as set out in the Contract Documents.
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 DISTRICT, if DISTRICT 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 DISTRICT and CONTRACTOR shall make provisions so that they may be obtained. When required by DISTRICT, 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.
Payments by CONTRACTOR to Subcontractors for Work involved performed by Subcontractors. When required by DISTRICT, 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.
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.
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.

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 DISTRICT, and provided that the idle period exceeds that normally experienced for such Equipment.

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.

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.

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.

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 DISTRICT 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.

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.

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.

Increased costs of premiums for Bonds and Insurance resulting solely because of the Work involved.
Costs Covered by CONTRACTOR's Allowances.

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:
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.

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 DISTRICT prior to proceeding with the Work involved.
Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work involved and charges for delinquent payments.
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.
Market value of small tools used but not consumed which remain in the property of CONTRACTOR.

Costs associated with the preparation of Change Orders (whether or not ultimately authorized by DISTRICT), or the preparation or filing of Contract Claims or other claims of any nature.
Expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings or unpaid retainage.
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.
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.
Other administrative expense or contingent costs of any kind, and the costs of any item not specifically and expressly included in Section 11.
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
for	for

Cost Element

CONTRACTOR and Subcontractor labor per subsection 11.4.2.1. exclusive of the premium portion of craft labor

CONTRACTOR and
Subcontractor Equipment and Materials per subsection

Additions	Deletions

15%	(7.5)%

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.			

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.
CONTRACTOR shall promptly, after becoming aware of, and before proceeding with any quantities of affected Work, notify DISTRICT in writing of any additional or reduced quantities for an item of Unit Price Work.
DISTRICT reserves the right to notify CONTRACTOR in writing of any variation in quantities meeting the criteria established in this subsection.
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.
If DISTRICT determines that the additional or reduced quantities for an item of Unit Price Work justify an adjustment in the Unit Price, DISTRICT 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 DISTRICT 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 DISTRICT written notice of a Contract Claim within seven (7) days from receipt of such decision.

In re-evaluating Unit Prices contained in the Contract Documents, CONTRACTOR and DISTRICT 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.
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.

Criteria for Determining Adjustments in Contract Time.

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:
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 DISTRICT or ENGINEER in its sovereign or contractual capaDISTRICT; (3) acts of the Government or another Public Entity in its sovereign capaDISTRICT; (4) acts of another contractor in the performance of a contract with the DISTRICT, 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.
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 DISTRICT’s exercise of any of its rights under Section 10 and this Section regardless of the extent or number of the changes, or the DISTRICT’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.

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

Project and Submittal Schedules.

Types of Schedules 12.1.1.1 Project Schedule:
Project Schedule Definitions:
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.
Start Date and Finish Date are the dates a Work Item will begin and will be completed.
Duration is the length of time it takes for a Work Item to be completed, from Start Date to Finish Date.
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).
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.
Controlling Work Items are those Work Items on the Critical Path.
Float Time is the time a Work Item not on the Critical Path could be delayed without affecting the Critical Path.
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.
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 DISTRICT’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 DISTRICT 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.
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.

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.

Submittal.

CONTRACTOR shall submit to the ENGINEER for ENGINEER’s acceptance the initial Project Schedule within thirty (30) Days of the Notice To Proceed date.

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.

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.

Review.

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.

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 DISTRICT’s attention to each such variation at the time of submission and DISTRICT has given written approval of each such variation; nor shall any approval by DISTRICT or ENGINEER relieve CONTRACTOR from responsibility for compliance with any provision of the Contract Documents.

The Contract Time establishes the period and duration in which DISTRICT 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 DISTRICT. In any case

DISTRICT 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 DISTRICT 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 DISTRICT delay, disruption, interference, inefficiency, constructive acceleration or other time impacts prior to the original Contract Time(s) for completion of the Work.
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 DISTRICT, 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 DISTRICT. Positive float or slack time is owned and belongs to the DISTRICT 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 DISTRICT including, but not limited to, unilateral Change Orders and acceleration orders.
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.
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 DISTRICT. 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 DISTRICT, the presence and operations of the DISTRICT performing work with its forces, the work of utility contractors, or the work of others at the Project site; the DISTRICT 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.
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

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.
Access to Work. DISTRICT, ENGINEER, ENGINEER OF RECORD, their representa- tives, 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.
Tests and Inspections.

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, DISTRICT or their agents may be performed at their discretion to provide information to the DISTRICT on the progress of the Work. However, such information is not intended to fulfill the CONTRACTOR's obligations in accordance with the Contract Documents.
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 DISTRICT’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 DISTRICT and ENGINEER.
The CONTRACTOR shall perform sufficient testing and inspection of the Work to support the Warranty and Guaranty requirements.
Neither observations by ENGINEER or DISTRICT nor inspections, tests or approvals by others shall relieve CONTRACTOR from their obligations to perform the Work in accordance with the Contract Documents.
If any testing, inspection or approval under this subsection reveal Defective Work, CONTRACTOR shall not be allowed to receive any associated costs and DISTRICT shall be entitled to deduct from the Contract Price, by issuing a Change Order, DISTRICT’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.
Uncovering Work.

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.
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 DISTRICT due to delays to others performing additional Work, other contractual obligations, and attorneys' fees and DISTRICT 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.
Correction or Removal of Defective Work. CONTRACTOR shall promptly, without cost to DISTRICT 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 DISTRICT or others destroyed or damaged or in any way impacted by such correction or removal.
Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of Defective Work, DISTRICT prefers to accept it, DISTRICT may do so. In such case, if acceptance occurs prior to Final Payment, DISTRICT 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 DISTRICT.
DISTRICT 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), DISTRICT may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising its rights under this subsection DISTRICT shall proceed with reasonable promptness. To the extent necessary to complete corrective and remedial action, DISTRICT 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 DISTRICT has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow DISTRICT, DISTRICT’s representatives, agents and employees such access to the site as may be necessary to enable DISTRICT to exercise its rights under this subsection. All direct and indirect costs of DISTRICT in exercising such rights shall be charged against CONTRACTOR in an amount documented by DISTRICT, and DISTRICT 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 DISTRICT of DISTRICT’s rights hereunder.
Warranty Period.

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.)
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 DISTRICT’s or ENGINEER’s written instructions, either correct that Defective Work, or if it has been rejected by DISTRICT or ENGINEER, remove it from the site and replace it with nonDefective Work. If circumstances warrant it, including, but not limited to, in an emergency, DISTRICT 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 DISTRICT for all direct, indirect and consequential costs of DISTRICT, or DISTRICT shall be entitled to issue a Change Order to incorporate an appropriate decrease in Contract Price if prior to Final Payment. DISTRICT 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.
Extended Warranties and Guarantees.

DISTRICT 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, DISTRICT shall make an adjustment in Contract Price or Contract Time, as provided in Sections 10 and 11.
In circumstances where DISTRICT 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.
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 DISTRICT 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.
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.
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, DISTRICT shall be entitled to all of DISTRICT’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.
Application for Payment. CONTRACTOR shall provide a certified payroll on the first invoice only. 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 DISTRICT’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.
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.
The CONTRACTOR shall submit partial releases of liens from all Subcontractors and Suppliers in a form satisfactory to the DISTRICT, prior to processing any Pay Applications.
Neither DISTRICT 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.
Stored Materials.

DISTRICT 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. DISTRICT 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.
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 DISTRICT, as will establish DISTRICT’s title to the Material and Equipment and protect DISTRICT’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. DISTRICT may deduct from the final Application for Payment amounts paid CONTRACTOR for Material and Equipment not finally installed in the Work.
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.
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.
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 DISTRICT at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter referred to as "Liens").
Review and Payment.

ENGINEER must approve all Applications For Payment prior to recommending payment to the DISTRICT. 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.
ENGINEER’s recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to DISTRICT, 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 DISTRICT free and clear of any lien.
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 DISTRICT. 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 DISTRICT 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 DISTRICT or Liens have been filed in connection with the Work or, (3) the Contract Price has been reduced because of Change Order or, (4) DISTRICT 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.
Retainage.

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.
Retainage under the Contract Documents is held by DISTRICT as collateral security to assure completion of the Work.
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.
Payments will be in an amount equal to ninety percent (90%) of the work completed.
Retainage under the Contract Documents is held by the DISTRICT as collateral security to assure completion of the Work
This Section shall be subject to preemption, as appropriate, by State law
Overpayment.	Any overpayment by DISTRICT to CONTRACTOR shall be promptly repaid to DISTRICT upon demand.
Final Application for Payment.

After CONTRACTOR has completed all corrections to the satisfaction of DISTRICT 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 DISTRICT, and after ENGINEER has indicated that Work is acceptable, CONTRACTOR may make application for Final Payment following the procedure for Applications for Payment.
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 DISTRICT) of all Liens and Contract Claims arising out of or filed in connection with the Work. In lieu thereof and as approved by DISTRICT, 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 DISTRICT might in any way be responsible, have been paid or otherwise satisfied. DISTRICT shall require consent of the Surety to Final Payment.
Final Payment and Acceptance.

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 DISTRICT for payment. Thereupon ENGINEER will give written notice to DISTRICT 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, DISTRICT 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.
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 DISTRICT, 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.
Waiver of Claims.

The making and acceptance of Final Payment shall constitute:
A waiver of all claims by DISTRICT 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 DISTRICT of any rights in respect of CONTRACTOR's continuing obligations under the Contract Documents; and
A waiver of all Contract Claims, requests for equitable adjustment or claims of any nature by CONTRACTOR against DISTRICT, ENGINEER, and ENGINEER of RECORD.
DISTRICT’s Obligations.

In no event shall any interest be due and payable to CONTRACTOR on any of the sums retained by DISTRICT pursuant to any of the terms or provisions of any of the Contract Documents.
Any provision to the contrary notwithstanding, DISTRICT shall not be obligated to make any payment to CONTRACTOR and may withhold partial payments if any of the following conditions exists: (1) DISTRICT 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 DISTRICT has made payment to CONTRACTOR; (4) If DISTRICT, 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.
Partial Utilization.

Use by DISTRICT of completed portions of the Work may be accomplished at the option of DISTRICT prior to Substantial Completion of all the Work subject to the following:
DISTRICT at any time may request CONTRACTOR in writing to permit DISTRICT to use any part of the Work which DISTRICT 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 DISTRICT 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 DISTRICT 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, DISTRICT, 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 DISTRICT 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.

Prior to issuing a certificate of Substantial Completion as to part of the Work, ENGINEER will deliver to DISTRICT and CONTRACTOR a written recommendation as to the division of responsibilities pending Final Payment between DISTRICT and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance and the Warranty Period for that part of the Work. DISTRICT shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete, but DISTRICT shall allow CONTRACTOR reasonable access to complete or correct items described above.

In lieu of the issuance of a certificate of Substantial Completion as to part of the Work, DISTRICT 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, DISTRICT and CONTRACTOR have agreed in writing as to the division of responsibilities between DISTRICT 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, DISTRICT shall allow CONTRACTOR reasonable access to complete or correct items and to complete other related Work.

Substantial Completion.

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, DISTRICT, 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 DISTRICT 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.

After the date of Substantial Completion, DISTRICT shall allow CONTRACTOR reasonable access to complete or correct items on the list attached to the Certificate of Substantial Completion.

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 DISTRICT 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 DISTRICT and CONTRACTOR will verify completion of all items.
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 DISTRICT to CONTRACTOR nor any Partial Utilization by DISTRICT nor any act of acceptance by DISTRICT 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 DISTRICT 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.
Deleted Work. The DISTRICT 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.
Partial Payments.

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

DISTRICT May Stop the Work. If the Work is Defective and the CONTRACTOR has been notified by ENGINEER or DISTRICT, 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 DISTRICT, 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,  DISTRICT  may  order

CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated. DISTRICT’s order to stop the Work may be communicated through ENGINEER or by DISTRICT. This right of DISTRICT to stop the Work shall not give rise to any duty on the part of DISTRICT 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 DISTRICT due to delays to others performing Work under a separate contract with DISTRICT, 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. DISTRICT shall be entitled to deduct any expenses so incurred from the Contract Price by issuing a Change Order.
Suspension for Convenience.

Without invalidating the Contract Documents, and without notice to any surety, DISTRICT may, at any time, order CONTRACTOR in writing to stop, delay or interrupt Work for such a period of time as DISTRICT 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.
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, DISTRICT 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.
Termination for Cause.

DISTRICT may upon the occurrence of any one or more of the following events terminate the services of CONTRACTOR:
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;
If CONTRACTOR admits in writing an inability to pay its debts generally as they become due;
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);
If CONTRACTOR discontinues prosecution of the Work or any portion
thereof;

If CONTRACTOR allows any final judgment against it to remain unsatisfied for a period of ten days;

If CONTRACTOR disregards laws, policies, court orders, or administrative directives, etc. of any governmental body, agency or court having jurisdiction;
If CONTRACTOR disregards the authority of ENGINEER;
If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; or
If CONTRACTOR fails to promptly pay Subcontractors, Suppliers, Materialmen, Laborers, etc.
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, DISTRICT 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 DISTRICT to terminate CONTRACTOR. In all events pending receipt of adequate assurance of performance and actual performance in accordance herewith, DISTRICT 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. DISTRICT shall be entitled to deduct these costs from the Contract Price by issuing a Change Order.
DISTRICT 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 DISTRICT has paid CONTRACTOR but which are stored elsewhere, and finish the Work as DISTRICT may deem expedient. CONTRACTOR shall assign all of its interest in any or all Subagreements to DISTRICT upon DISTRICT’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 DISTRICT. If CONTRACTOR leaves the site at any time during the seven day period, DISTRICT shall have the right to secure the site to protect the property from damage and to ensure the health and safety of the public.
Notwithstanding the above notice period, in the event of an emergency, the DISTRICT may take over the site and perform any or all of the activities set out above immediately. DISTRICT shall provide notice of such takeover within twenty four (24) hours after its occurrence.
Where CONTRACTOR's services have been terminated by DISTRICT, the termination shall not affect any rights of DISTRICT against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment due CONTRACTOR by DISTRICT will not release CONTRACTOR from liability.

DISTRICT may, at its sole discretion, permit CONTRACTOR to continue to perform Work when CONTRACTOR is in default, however caused. Such a decision by DISTRICT shall in no way operate as a waiver on the part of DISTRICT of any of its rights under the Contract Documents.
Termination for Convenience.

DISTRICT 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. DISTRICT 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 DISTRICT upon DISTRICT’s request. CONTRACTOR shall proceed to complete any part of the Work, as directed by DISTRICT, and shall settle all its Contract Claims and obligations under the Agreement.

In any such termination for the convenience of DISTRICT, 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 DISTRICT with thorough, accurate records and data.

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 DISTRICT. In such event CONTRACTOR may recover from DISTRICT payment in accordance with subsection 15.4.2.

SECTION 16 - VALUE ENGINEERING INCENTIVE

Intent and Objective. This Section applies to any cost reduction proposal (hereinafter referred to as a Value Engineering Change Proposal or VECP) 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 the Work. This Section does not, however, apply to any such proposal unless it is identified by the CONTRACTOR, at the time of its submission to the DISTRICT, as a proposal submitted pursuant to this Section.

VECPs contemplated are those that would result in net savings to the DISTRICT by providing either: (A) a decrease in the cost of performance of the Work, or; (B) a reduction in cost of ownership (hereinafter referred to as collateral costs) of the Work, regardless of acquisition costs. VECPs must 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 submittal of VECPs where the required functions and characteristics could be combined, reduced or eliminated as being nonessential or excessive. Plan errors which are identified by the CONTRACTOR and which result in a cost reduction, will not qualify for submittal as a VECP.

The DISTRICT reserves the right to reject at its discretion any VECP submitted which proposes a change in the design of the pavement system or which would require additional

right-of-way. Substitution of another design alternate, which is detailed in the Plans, for the one on which the CONTRACTOR bid, will not be allowed under this Section. Pending execution of a formal supplemental agreement, implementing an approved VECP, the CONTRACTOR shall remain obligated to perform in accordance with the terms of the existing Agreement. No time extensions will be granted due to the time required to review a VECP.

Subcontractors. The CONTRACTOR is encouraged to include the provisions of this Section in contracts with subcontractors. The CONTRACTOR shall encourage submission of VECPs from subcontractors, however, it is not mandatory that VECPs be submitted nor is it mandatory that the CONTRACTOR accept or transmit to the DISTRICT VECPs proposed by his subcontractors.
Data Requirements. As a minimum, the following information shall be submitted by the CONTRACTOR with each VECP:
A description of the difference between the existing requirements and the proposed change, and the comparative advantages and disadvantages.

Separate detailed cost estimates for both the existing requirements and the proposed change. The cost estimates shall be broken down by item numbers indicating quantity increases or decreases and deleted pay items. Additional proposed Work, now covered by the Contract Documents, shall be identified by current DISTRICT pay item numbers. In preparing the estimates, the CONTRACTOR shall include overhead, profit and bond. No separate pay item(s) for these costs will be allowed.
An itemization of plan details, plan sheets, design standards and Specifications that must be changed or added if the VECP is adopted. Preliminary plan drawings must be sufficient to describe the proposed changes.

DISTRICT.

An estimate of the effects the VECP would have on collateral costs to the

Engineering or other analysis in sufficient detail to identify and describe specific

features of the Contract Documents which must be changed if the VECP is accepted, with a proposal as to how these changes can be accomplished and an assessment of their effect on other Project elements. The DISTRICT may require that engineering analyses be performed by a prequalified consultant in the applicable class of Work. Any design changes which result from the VECP must be supported by computations sealed by a Professional Engineer registered in the State of Florida.
A statement of the time by which approval of the VECP must be issued by the DISTRICT to obtain the total estimated cost reduction during the remainder of this Agreement, noting any effect on the Agreement completion time or delivery schedule.
Processing Procedures. Two (2) copies of each VECP shall be submitted by the contractor, one to the ENGINEER, or his duly authorized representative, and one to the DISTRICT. VECPs will be processed expeditiously; however, the DISTRICT will not be liable for any delay in acting upon a VECP submitted pursuant to this Section. The CONTRACTOR may withdraw, in whole or in part, a VECP not accepted by the DISTRICT within the period specified in the VECP. The DISTRICT shall not be liable for any VECP development cost in the case where a VECP is rejected or withdrawn. The ENGINEER shall be the sole judge of the acceptability of a VECP and of the estimated net savings in construction and/or collateral costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the 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 VECP, with the concurrence of the CONTRACTOR, to make it acceptable.

If any modification increases or decreases the net savings resulting from the VECP, the CONTRACTOR's fair share will be determined upon the basis of the VECP as modified and upon determination of final quantities. The net savings shall be computed by subtracting the revised total cost of all bid items affected by the VECP design from the total cost of the same bid items as represented in the Contract Documents. Prior to approval of the VECP, which initiates the supplemental Agreement, the CONTRACTOR shall provide acceptable contract quality Plan sheets revised to show all details consistent with the VECP design.
Computations for Change in Contract Cost of Performance. CONTRACTOR development and implementation costs for the VECP will not be recoverable. If the VECP is adopted, the CONTRACTOR's share of the net savings as defined hereinafter shall be considered full compensation to the CONTRACTOR for the VECP. DISTRICT costs of processing or implementation of a VECP will not normally be considered in the estimate. However, the DISTRICT reserves the right, where it deems such action appropriate, to require the CONTRACTOR to pay the DISTRICT’s cost of investigating and implementing a VECP submitted by the CONTRACTOR as a condition of considering such proposal. Where such a condition is imposed, the CONTRACTOR shall indicate his acceptance thereof in writing, and such acceptance shall constitute full authority for the DISTRICT to deduct amounts payable to the DISTRICT from any monies due or that may become due to the CONTRACTOR under the Agreement.
Computations for Collateral Costs. When collateral cost savings are sought by the CONTRACTOR, separate estimates must be prepared for collateral costs of both the existing Agreement requirement and the proposed change. Each estimate shall consist of an itemized breakdown of all costs and the basis for the data used in the estimate. Cost benefits to the DISTRICT include, but are not limited to: reduced costs of operation, maintenance or repair, and extended useful service life. Increased collateral costs include the converse of such factors. Computations shall be as follows:
Costs shall be calculated over a twenty (20) year period on a uniform basis for each
estimate.
If the difference in the estimates as approved by the DISTRICT indicate a
savings, the CONTRACTOR shall divide the resultant amount by twenty (20) to arrive at the average annual net collateral savings. The resultant savings shall be shared as stipulated in subsection 16.7.
Sharing Arrangements. If a VECP is approved by the DISTRICT, the CONTRACTOR may be entitled to share in both construction savings and collateral savings to the full extent provided for in this subsection. Except for innovative ideas, the CONTRACTOR and DISTRICT shall each receive fifty (50) percent of net reduction in the cost of performance of this Agreement. For innovative ideas, the reduction in the cost of performance shall be shared as follows:

Accrued Net	CONTRACTOR's	DISTRICT’s	
Savings	Share %	Share %	

Less than $25,000	
100	
0	
$25,000 to $50,000	75	25	
Over $50,000	50	50	

If an approved change is identical or similar to a previously submitted VECP or an idea previously utilized by the DISTRICT it will not be considered an innovative idea, thus, will only qualify for a fifty (50) percent sharing of savings. When collateral savings occur, the CONTRACTOR shall receive twenty (20) percent of the average one year's net collateral savings. The CONTRACTOR shall not receive construction savings or collateral savings on optional Work listed in this Agreement until the DISTRICT exercises its option to obtain that Work.

SECTION 17 - MISCELLANEOUS

Giving Notice

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.
Written notice to be delivered to DISTRICT 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 DISTRICT 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 DISTRICT.
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. DISTRICT or ENGINEER shall not be responsible for any such notification.
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.
Claims for Injury or Damage to Person or Property. Should DISTRICT 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.
No Conflict with Laws or Regulations.

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.
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.
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.
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.
No Waiver of Rights, Duties.

Except as otherwise specifically provided in the Contract Documents, no action or failure to act by the DISTRICT, ENGINEER, DISTRICT’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.
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.
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 DISTRICT.
Recovery of Damages. In no event shall CONTRACTOR be entitled to recover from DISTRICT 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.
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.
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 DISTRICT’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.

Waiver of Jury Trial. The parties expressly waive any right to jury trials under Florida
law.

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 18 - MEASUREMENT AND PAYMENT

Measurement of Quantities.

Measurement Standards: Unless otherwise stipulated, all Work completed under the Contract Documents shall be measured, by the ENGINEER, according to United States Standard Measures.

Method of Measurements: Unless otherwise provided by in the Specifications for the particular items involved, all measurements shall be taken horizontally or vertically.

Determination of Pay Areas:

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.

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.

Scope of Payments.

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.

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.

Compensation for Altered Quantities.

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.
Payment Based on Plan Quantity.
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 DISTRICT 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 DISTRICT, 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.
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.
The limitations set out in subsections 18.3.2.1 and 18.3.2.2 do not apply:
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.
Where the Specifications provide for a deduction due to test results falling outside of the allowable Specification tolerances.
SECTION 19 - CONTRACT CLAIMS RESOLUTION

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.
Administrative Forum. The parties agree that all Contract Claims arising under the Contract Documents shall be submitted for alternative dispute resolution. 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 DISTRICT’s District Manager and the DISTRICT’s Appeal Committee or their designees provide adequate remedies. The CONTRACTOR agrees that the status of hearing officers as DISTRICT 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.
Contract Claims Procedure. Contract Claims procedure shall comply with the requirements of the DISTRICT’S Procedures. The parties agree to voluntarily exchange information and documents necessary for resolution of the Contract Claim. The hearing officers (District Manager or Appeal Committee) under the DISTRICT’S Procedures, shall have the right to make written requests to the DISTRICT 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 DISTRICT 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 DISTRICT’s District Manager and Appeal Committee. In the event that CONTRACTOR appeals any decision of the District Manager under the DISTRICT’S Procedures, CONTRACTOR agrees to identify specific exceptions to the District Manager's decision including specific identification of the provisions of the Contract Documents relied upon. General assertions that the District Manager's decision is contrary to provisions of the Contract Documents, law, or fact are not sufficient. The CONTRACTOR recognizes and accepts the DISTRICT’S Procedure requirements for posting an appeal bond.
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 DISTRICT 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 DISTRICT alternative dispute resolution procedures of which the parties had knowledge and failed to present during the DISTRICT alternative dispute resolution procedures. In the event that DISTRICT 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.
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 DISTRICT’s District 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.

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.
Contract Claim Disposition. Each Contract Claim shall be treated separately under the DISTRICT’s 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 DISTRICT’s District Manager under the DISTRICT’s Procedures. As to Contract Claim disputes under the Contract Documents, the decision of the DISTRICT District Manager or Appeal Committee or their designees shall stand as a DISTRICT staff recommendation of settlement of the Contract Claim to the DISTRICT Council.
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, DISTRICT and the public.
False Claims. The DISTRICT 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.

NOTICE OF AWARD
TO:		
Contractor

Address

City	State	Zip

PROJECT: 	DCDD MILLING AND RESURFACING	
NAME

The Dunes Community Development District 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 District shall be entitled to consider all your rights arising out of the District'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 Dunes Community Development District, Florida, Attn: Gregory L. Peugh, District Manager, 101 Jungle Hut Rd., Palm Coast, FL 32137.

Dated this 	day of 	, 20 . DUNES COMMUNITY DEVELOPMENT DISTRICT
BY:

TITLE:		

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged by 	

this the 	day of 	, 20	.

BY	 TITLE: 	

Notice of Award	DCDD Milling and Resurfacing	00841-1

TO:

CONTRACTOR

NOTICE TO PROCEED

ADDRESS

City	State	Zip

PROJECT:	DCDD MILLING AND RESURFACING
NAME
You are hereby notified to commence work in accordance with the Agreement dated September 6th , 2022.
The Contract time for Substantial Completion is  57  consecutive calendar days from the date of commencement.
The Contract time for Final Completion is  9	 consecutive calendar days from the date of Substantial Completion.

The Contract time commences to run September 6th, 2022. The date of Substantial Completion is November 11th, 2022. The date of Final Completion is November 23rd, 2022.
DUNES COMMUNITY DEVELOPMENT DISTRICT

BY:		

TITLE:		

DATE:		

You are required to return an acknowledged copy of the Notice to Proceed to Dunes Community Development District, Florida, Attn: Gregory L. Peugh, District Manager, 101 Jungle Hut Rd., Palm Coast, FL 32137

ACCEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby acknowledged

this is the 	day of 	, 20 	.

BY:		

TITLE:		

Notice to Proceed	DCDD Milling and Resurfacing	00842-1

CHANGE ORDER

PROJECT:	NO.:

DATE OF ISSUANCE:	EFFECTIVE DATE:

OWNER: DUNES COMMUNITY DEVELOPMENT DISTRICT	DISTRICT Contract: DCDD Milling and Resurfacing CONTRACTOR:	 ENGINEER / ARCHITECT:

CHANGE IN CONTRACT PRICE:

Original Contract Price
$	CHANGE IN CONTRACT TIMES:

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) 	

(days)	
Contract Price prior to this Change Order
$	Contract Times Prior to this Change Order Substantial Completion:

Ready for Final Payment:	
		(days or dates)	
Net Increase (decrease) of this Change Order
$	Net Increase (decrease) of this Change Order

(days)	

Contract Price with all approved Change Orders
$	Contract Times with all approved Change Orders Substantial
Completion:			  Ready for Final Payment:		
(days or dates)	

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

RECOMMENDED:
By:

APPROVED:
By:

ACCEPTED:
By:

 	 	
Engineer/Architect (Authorized Signature)	District (Authorized Signature)	Contractor (Authorized Signature)

Ayres Associates, Inc.
Date:	

Title: 	 Date:	 

Company: 	  Date:	

CHANGE ORDER INSTRUCTIONS

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.

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 District 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 District for approval. Engineer should make distribution of executed copies after approval by the District.

If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply.

APPLICATION AND CERTIFICATE FOR PROGRESS PAYMENT

OWNER:	Dunes Community Development District CONTRACTOR:
Purchase Order No.:		Project Title: DCDD Milling and Resurfacing
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 ± Line2) ........................................	$		
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 being first duly sworn, deposes and says:

who,

That he is the 	of

and the Contractor on the following described public works project:

JOB DESCRIPTION:

CONTRACTING AUTHORITY: 	Dunes Community Development District	 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:	DCDD Milling and Resurfacing 	District Purchase Order No.: 	
Progress Payment No.: 	 Engineer / Architect Project No.: 	
ITEM NO.	
DESCRIPTION OF ITEM	ORIGINAL ESTIMATE	COMPLETED TO DATE	
		Unit	Quantity	Unit Cost	Amount	Quantity	Amount	Percent Complete	

									

									

									

									

									

									

									

END OF SECTION

SECTION 00848
DUNES COMMUNITY DEVELOPMENT DISTRICT CERTIFICATE OF SUBSTANTIAL COMPLETION

Project:	DCDD Milling and Resurfacing

Purchase Order No.:		Contract Date:	

This Certificate of Substantial Completion applies to:

[ ] All work under Contract [ ] Portion of work described as follows:

The Work to which this Certificate applies shall be inspected by authorized representatives of the DISTRICT 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 shall 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 	 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 DUNES COMMUNITY DEVELOPMENT DISTRICT OPERATIONS DEPARTMENT
By:		DATE:	

THE DUNES COMMUNITY DEVELOPMENT DISTRICT CONSTRUCTION INSPECTOR
By:		DATE:	

THE DUNES COMMUNITY DEVELOPMENT DISTRICT PROJECT MANAGER
By:		DATE:	

CONSULTING ENGINEER/ARCHITECT, ETC.:

By:		DATE 	

CONTRACTOR:

By:		DATE: 	

TENTATIVE LIST OF ITEMS TO BE COMPLETED OR CORRECTED (PUNCH LIST)

Date:	Purchase Order No.:

Project: 	DCDD MILLING AND RESURFACING	

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:

SECTION 00849
DUNES COMMUNITY DEVELOPMENT DISTRICT CERTIFICATE OF FINAL INSPECTION & COMPLETION

Project:	DCDD MILLING AND RESURFACING

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 DISTRICT and the CONTRACTOR and all Work is hereby declared to be complete in accordance with the Contract Documents on:	
DATE

SIGNED:

THE DUNES COMMUNITY DEVELOPMENT DISTRICT OPERATIONS DEPARTMENT
By:		DATE:	

THE DUNES COMMUNITY DEVELOPMENT DISTRICT CONSTRUCTION INSPECTOR
By:		DATE:	

THE DUNES COMMUNITY DEVELOPMENT DISTRICT PROJECT MANAGER
By:		DATE:		

CONSULTING ENGINEER/ARCHITECT/ETC.

By:	

DATE:

CONTRACTOR

By:	

DATE:

Final Inspection	DCDD Milling and Resurfacing	00849-1

SECTION 00850
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 (District 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.

Waiver Release,
Progress Payment	DCDD Milling and Resurfacing	00850-1

SECTION 00851
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 (District 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 Project   DCDD MILLING AND RESURFACING  entered into between the

Dunes Community Development District 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.
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 District, 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: 	

SECTION 00852 CONTRACTOR’S REQUEST FOR INFORMATION

TO:	THE DUNES COMMUNITY DEVELOPMENT DISTRICT

FROM: 	(CONTRACTOR)	DATE:	

CONTRACTOR REQUEST FOR INFORMATION NO.:

PROJECT NAME:  DCDD MILLING AND RESURFACING	

PURCHASE ORDER NO.:	

QUESTION: 	

BY:	DATE:	

REPLY:	

BY:	DATE:	

Contractors Request
for Information	DCDD Milling and Resurfacing	00852-1

SECTION 00854
DUNES COMMUNITY DEVELOPMENT DISTRICT WORK CHANGE DIRECTIVE

PROJECT:	DCDD MILLING AND RESURFACING	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 	

 	
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:

Work Change Directive	DCDD Milling and Resurfacing	00854-1

SECTION 00855
DUNES COMMUNITY DEVELOPMENT DISTRICT FIELD ORDER

PROJECT:  DCDD MILLING AND RESURFACING	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)

Work Change Directive No. 	

	 	

BY: 	 DATE: 	

Field Order	DCDD Milling and Resurfacing	00855-1

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 (District 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.

Sub Waiver Release	DCDD Milling and Resurfacing	00860-1

SECTION 00861
CONSENT OF SURETY TO FINAL PAYMENT

WE, the 		, having heretofore executed Performance and Payment Bonds for the Project known as DCDD MILLING AND RESURFACING	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 	
	, 	by 	of 	
(corporation), on behalf of the corporation, who is

personally known to be or has produced
of Identification) as identification and who did (did not) take an oath.

(Type

Sworn to as subscribed to before me this 	day of 	, 	.

(Signature)

(Print name) Notary Public in and for the County and State Aforementioned My Commission Expires: 	

Consent of Surety	DCDD Milling and Resurfacing	00861-1

SECTION 00865 CHECK OUT FORM
[ ]	OWNER:	DUNES COMMUNITY DEVELOPMENT DISTRICT	No. Copies
[ ]	ENGINEER: 		No. Copies [ ]	ARCHITECT: 		No. Copies [ ]	CONTRACTOR:		No. Copies
[ ]	FIELD:			No. Copies [ ]	OTHER:			No. Copies
PROJECT:	DCDD Milling and Resurfacing
PURCHASE ORDER NO.:		DATE:	
DRAWING NO.: 		SPECIFICATION SECTION:	

Name of equipment checked:
Name of manufacturer of equipment:

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.

The equipment is properly installed, except for items noted on page 00865-2.

The equipment is operating satisfactorily, except for items noted on page 00865-2.

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

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):

SECTION 00866
CERTIFICATE OF COMPLETED DEMONSTRATION FORM

[ ]	OWNER: DUNES COMMUNITY DEVELOPMENT DISTRICT 	No. Copies		
[ ]	ENGINEER: 		No. Copies		
[ ]	ARCHITECT: 		No. Copies		
[ ]	CONTRACTOR:		No. Copies		
[ ]	FIELD: 		No. Copies		
[ ]	OTHER: 		No. Copies		

PROJECT: 	DCDD MILLING AND RESURFACING

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 District, give the District a Demonstration of Completed Systems as specified and have the District 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 District 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 District:

District'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:

Maintenance information published by manufacturer on equipment items.

Printed warranties by manufacturer on equipment items.

Performance verification information as recorded by the Contractor.

Check-Out Memo on equipment by manufacturer's representative.

Written operating instructions on any specialized items.

Explanation of guarantees and warranties on the system.

Prints showing actual "As-Built" conditions.
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:

Dunes Community Development District

By: 	
Authorized Signature

Title	Date

00900
SUPPLEMENTARY CONDITIONS

Section 1. Introduction. These Supplementary Conditions amend or supplement the General Conditions of the Contract Documents as indicated below.
Section 2. 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.

Section 3. Field Office/Trailer. This project will not require an ENGINEER field office/trailer.

Field office trailer is NOT required as a part of this contract.

Section 4. Emergency Phone Numbers
DUNES COMMUNITY DEVELOPMENT DISTRICT – 386-445-9045 DUNES COMMUNITY DEVELOPMENT DISTRICT – 386-446-5593
(After Hours Emergency) Flagler County Fire/EMS, Emergency Services - 386-313-4200
Flagler County Sheriff’s Office - 386-313-4911
Flagler County Public Information Officer - 386-313-4039

Palm Coast Fire/Rescue - 386-986-2300
Palm Coast Community Relations Coordinator - 386-986-3708

Florida Department of Transportation Public Relations – 386-943-5479

Section 5: The DISTRICT 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.

Supplementary
Conditions	DCDD Milling and Resurfacing	00900-1

SECTION 00901
ADDITIONAL SUPPLEMENTAL TERMS AND CONDITIONS

WITNESSETH:

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.

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.

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,

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.

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.

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.

No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the OWNER.

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.

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.

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.

The rights and remedies of the OWNER, provided for under this Agreement, are in addition to any other rights and remedies provided by law.

The OWNER and the CONTRACTOR shall make every effort to resolve all disputable items contained in the CONTRACTOR'S invoices.

Each invoice shall reference this Agreement, the appropriate billing period.

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.

Invoices shall be forwarded directly to:

DUNES COMMUNITY DEVELOPMENT DISTRICT
Gregory L. Peugh, PE District Manager
101 Jungle Hut Rd. Palm Coast, Fl 32137 Tel (386) 445-9045
Fax (386) 447-9858

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.

The OWNER Manager, or his/her designated representative, shall have the following responsibilities:

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;

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;

Giving prompt written notice to the CONTRACTOR whenever the OWNER official representative knows of a defect or change necessary in the project; and

Coordinating and managing the CONTRACTOR'S preparation of any necessary applications to governmental bodies, to arrange for submission of such applications.

Until further notice from the OWNER Manager the designated representative for this Agreement is:

Mr. Gregory L. Peugh, PE, District Manager

The performance or provision of the CONTRACTOR'S goods and/or services under this Agreement can be suspended by the OWNER at any time.

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.

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.

Nothing herein shall be deemed to affect the rights, privileges, and immunities of the OWNER as set forth in Section 768.28, Florida Statutes.

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.

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.

The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents.

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.

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.

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,

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.

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.

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,

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.

All insurance shall be primary to, and not contribute with, any insurance or self- insurance maintained by the OWNER.

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.

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.

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.

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.

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.

The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the OWNER.

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.

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.

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

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.

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.

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.

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,

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.

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.

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.

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.

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.

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.

The CONTRACTOR agrees to fully comply with all State laws relating to public records.

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.

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.

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.

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.

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.

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.

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.

The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the OWNER.

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.

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.

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.

All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof.

(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.

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.

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.”

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