50182251_CR395_North_Road_Reconstruction_Multi-Use_Path_Specs_8.4.25.pdf

CONSTRUCTION SPECIFICATIONS

AND

TECHNICAL SPECIFICATIONS

FOR

CR395 NORTH ROAD RECONSTRUCTION

MULTI-USE PATH

PREPARED FOR:

WALTON COUNTY

BOARD OF COUNTY COMMISSIONERS

PREPARED BY:

JULY 2025

PROJECT #: 50182251

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Table of Contents: Page 1 of 2

WALTON COUNTY, FLORIDA PROJECT #50182251

TABLE OF CONTENTS

BIDDING & CONTRACTING DOCUMENTS

Document No. 1 Section 00015 Project Overview

Document No. 2 Section 00100 Change Order

Document No. 3 Section 00120 Application for Payment

Document No. 4 Section 00130 Notice of Substantial Completion

SITEWORK

Document No. 1 Section 02110 Site Clearing

Document No. 2 Section 02200 Earthwork (LAP OFF-SYSTEM Section 120)

Document No. 3 Section 02210 Grassing

Document No. 4 Section 02211 Sodding

ASPHALT

Document No. 1 Section 02510 General Construction Requirements for Asphalt Pavement (LAP OFF SYSTEM - Section 334)

Document No. 2 Section 02516 Limerock Base Course

Document No. 3 Section 02518 Painting Traffic Stripes

Document No. 4 Section 711 Thermoplastic Striping

Document No. 5 Section 971 Traffic Marking Materials

CONCRETE

Document No. 1 Section 03310 Concrete Work

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Table of Contents: Page 2 of 2

APPENDICES

Appendix A Geotechnical Reports

Appendix B FDEP Permit No. 0400038-001-EG/66, Easement No. 41171

Appendix C ACOE Permit No.: SAJ-2008-04544

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Section 00015 WALTON COUNTY, FLORIDA - PROJECT #50182251 Project Overview: Page 1 of 1

TECHNICAL SPECIFICATIONS FOR CR395 NORTH ROAD RECONSTRUCTION

SECTION 00015-PROJECT OVERVIEW

The project consists of a proposed 10-ft wide asphalt multi-use path, road reconstruction, and resurfacing for County Road 395 North. The project is in Walton County, FL, near US Highway 98.

The length of the project is approximately 7,200 linear feet. Additional improvements include, timber retaining wall, drainage structures, signage, and crosswalks.

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Section 00030 WALTON COUNTY, FLORIDA - PROJECT #50182251 Bid Form: Page 1 of 1

BID

Proposal of _________________________________________________ (hereinafter called "BIDDER"), organized and existing under the laws of the State of FLORIDA doing business as (Insert "a corporation", "a partnership", or "an individual" as applicable) _________________. To the WALTON COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter called "OWNER").

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to its own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 270 consecutive calendar days. Substantial completion shall be 240 consecutive calendar days and 30 days final completion thereafter. BIDDER further agrees to pay as liquidated damages, the sum of $500.00 for each consecutive calendar day thereafter as provided in the Owner-Contractor Agreement.

BIDDER acknowledges receipt of the following ADDENDA:

BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following lump sum:

NOTE: BIDS shall include sales tax and all other applicable taxes and fees.

Respectfully submitted:

Signature Address Title

License number (if applicable)

SEAL - (if BID is by a corporation)

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Section 00100 WALTON COUNTY, FLORIDA - PROJECT #50182251 Change Order: Page 1 of 2

CHANGE ORDER

Order No.

Date:

Agreement Date:

Name of Project:

Owner:

Contractor:

The following changes are hereby made to the Contract Documents:

Justification:

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Section 00100 WALTON COUNTY, FLORIDA - PROJECT #50182251 Change Order: Page 2 of 2

ORIGINAL Contract Price:

PREVIOUS CHANGES to Contract Price:

Current Contract Price adjusted by PREVIOUS Change Order:

The Contract Price due to this Change Order will be (INCREASED) (DECREASED)

By:

The NEW Contract Price including THIS Change Order will be:

Change CONTRACT TIME:

The CONTRACT TIME will be (INCREASED) (DECREASED) by:

calendar days.

The DATE FOR COMPLETION of all work will be

(Date)

Approvals Required:

Owner:

Contractor:

Engineer:

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Section 00120 WALTON COUNTY, FLORIDA - PROJECT #50182251 Application for Payment: Page 1 of 2

APPLICATION FOR PAYMENT

NO.

To: (OWNER) From: (CONTRACTOR) Contract:

Project: CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH OWNER’S Contract No. ____________ENGINEER’S Project No. 50182251 For Work accomplished through the date of: __________________

1. Original Contract Price: $

2. Net change by Change Orders and Written Amendments (+ or -): $

3. Current Contract Price (1 plus 2): $

4. Total completed and stored to date: $

5. Retainage (per Agreement): $

______ % of completed Work: $ ______ % of stored material: $

Total Retainage: $

6. Total completed and stored to date less retainage (4 minus 5): $

7. Less previous Application for Payments: $

8. DUE THIS APPLICATION (6 MINUS 7): $

Accompanying Documentation:

CONTRACTOR’S Certification:

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 number 1 through Inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance);

and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective.

Dated: _____________________ ________________________________________

CONTRACTOR

By: ____________________________________

State of ________________ County of ______________ Subscribed and sworn to me before this _______________ day of _______________________, 2025.

Notary Public

My Commission expires:

Payment of the above AMOUNT DUE THIS APPLICATION is recommended.

Dated: ________________

ENGINEER: _______________________________

By: _______________________________________

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Section 00120 WALTON COUNTY, FLORIDA - PROJECT #50182251 Application for Payment: Page 2 of 2

Item

UNIT

PRICE

ESTIMATED

QUANTITY

SCHEDULE

OF VALUES

AMOUNT

QUANTITY

COMPLETED AMOUNT %

MATERIAL

STORED

AMOUNT

COMPLETED

AND STORED

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

TOTAL COMPLETED &

STORED $ $ $ $

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH Section 00130 WALTON COUNTY, FLORIDA - PROJECT #50182251 Substantial Completion Page 1 of 1

NOTICE OF SUBSTANTIAL COMPLETION

TO: DATE:

PROJECT: CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH

The work performed under this Contract has been reviewed and found to be substantially complete.

The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as __________________ which is also the date of commencement of applicable warranties required by contract documents, except as stated below.

DEFINITION OF DATE OF SUBSTANTIAL COMPLETION

The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Consultant when construction is sufficiently complete, in accordance with the contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended, as expressed in the contract document.

A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the CONTRACTOR to complete all Work in accordance with the contract documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed to in writing.

DEWBERRY WALTON COUNTY

BY: BY: ______________________________

TITLE: TITLE: ___________________________

CONTRACTOR

BY: _____________________________

TITLE: ___________________________

Section 00110 CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 1 of 20

TECHNICAL SPECIFICATIONS FOR CR395 NORTH ROAD RECONSTRUCTION

MULTI-USE PATH

SECTION 00110-GENERAL CONDITIONS/WALTON COUNTY

1. Definitions

2. Additional Instructions and Detail Drawings

3. Schedules, Reports, and Records

4. Drawings and Specifications

5. Shop Drawings

6. Materials, Services, and Facilities

7. Inspection and Testing

8. Substitutions

9. Patents

10. Surveys, Permits, Regulations

11. Protection of Work, Property, Persons

12. Supervision by Contractor

13. Changes in the Work

14. Changes in Contract Price

15. Time for Completion and Liquidated Damages

16. Correction of Work

17. Subsurface Conditions

18. Suspension of Work, Termination, and Delay

19. Payments to Contractor

20. Acceptance of Final Payment as Release

21. Insurance

22. Contract Security (Bonds)

23. Assignments

24. Indemnification

25. Separate Contracts

26. Subcontracting

27. Engineer's Authority

28. Land and Rights-of-Way

29. Guarantee

30. Arbitration (Not Applicable)

31. Taxes

1. DEFINITIONS

1.1 Wherever used in the Contract Documents, the following terms shall have the meanings indicated and shall be applicable to both the singular and plural thereof:

1.2 ADDENDA - Written or graphic instruments issued prior to the execution of the

Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS and

SPECIFICATIONS, by additions, deletions, clarifications, or corrections.

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 2 of 20

1.3 BID - The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed.

1.4 BIDDER - Any person, firm, or corporation submitting a BID for the WORK.

1.5 BONDS - Bid, Performance, and Payment Bonds and other instruments of surety, furnished by the CONTRACTOR and the CONTRACTOR'S surety in accordance with the

CONTRACT DOCUMENTS.

1.6 CHANGE ORDER - A written order to the CONTRACTOR authorizing an addition, deletion, or revision in the WORK within the general scope of the CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE or CONTRACT TIME.

1.7 CONTRACT DOCUMENTS - The contract, including Invitation to BIDS, Instructions to BIDDERS, BID Form and Schedule, Florida BID BOND, Agreement or Contract, Compliance

Documents, including Subcontractors and Suppliers Declaration, Public Entity Crimes form, Drug

Free Workplace Certification, Trench Safety Compliance, Que4stionnaire, Unauthorized Aliens declaration form, Public Construction BOND, , NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDER, DRAWINGS, SPECIFICATIONS, and ADDENDA.

1.8 CONTRACT PRICE - The total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS.

1.9 CONTRACT TIME - The number of calendar days stated in the CONTRACT

DOCUMENTS for the completion of the WORK.

1.10 CONTRACTOR - The person, firm or corporation with whom the OWNER has executed the Agreement.

1.11 DRAWINGS - The parts of the CONTRACT DOCUMENTS which show the characteristics and scope of the WORK to be performed and which have been prepared or approved by the ENGINEER.

1.12 ENGINEER - The person, firm, or corporation named as such in the CONTRACT

DOCUMENTS.

1.13 FIELD ORDER - A written order effecting a change in the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the

ENGINEER to the CONTRACTOR during construction.

1.14 NOTICE OF AWARD - The written notice of the acceptance of the BID from the

OWNERS to the successful BIDDER.

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 3 of 20

1.15 NOTICE TO PROCEED - Written communication issued by the OWNERS to the

CONTRACTOR authorizing him/her to proceed with the WORK and establishing the date for commencement of the WORK.

1.16 OWNERS - A public or quasi-public body or authority, corporation, association, partnership, or an individual for whom the WORK is to be performed.

1.17 PROJECT - The undertaking to be performed as provided in the CONTRACT

DOCUMENTS.

1.18 RESIDENT PROJECT REPRESENTATIVE - The authorized representative of the

OWNERS who is assigned to the PROJECT site or any part thereof.

1.19 SHOP DRAWINGS - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR, manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the WORK shall be fabricated or installed.

1.20 SPECIFICATIONS - A part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

1.21 SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with

CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the

WORK at the site.

1.22 SUBSTANTIAL COMPLETION - That date certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is NINETY (90) PERCENT, and the

PROJECT or specified part can be utilized for the purposes for which it is intended in accordance with the CONTRACT DOCUMENTS

1.23 SUPPLEMENTAL GENERAL CONDITIONS - Modifications to General Conditions required by a State agency for participation in the PROJECT and approved by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such requirements that may be imposed by applicable state laws or by the OWNERS' governing regulations.

1.24 SUPPLIER - Any person or organization who supplies materials or equipment for the

WORK, including that fabricated to a special design, but who does not perform labor at the site.

1.25 WORK - All labor necessary to produce the construction required by the CONTRACT

DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the

PROJECT.

1.26 WRITTEN NOTICE - Any notice to any party of the Agreement relative to any part of the Agreement reduced to writing and considered delivered and the service thereof completed

Section 00110

General Conditions: Page 4 of 20 when posted by certified or registered mail to the said party at their last given address, or delivered in person to said party or their authorized representative on the WORK.

2. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS

2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the ENGINEER, as necessary to carry out the WORK required by the CONTRACT

DOCUMENTS.

2.2 The additional drawings and instructions thus supplied will become a part of the

CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in accordance with the additional detail drawings and instructions.

3. SCHEDULES, REPORTS AND RECORDS

3.1 The CONTRACTOR shall submit to the OWNERS such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data where applicable as are required by the CONTRACT DOCUMENTS for the WORK to be performed.

3.2 Within 20 calendar days after the execution of the Contract, the Contractor shall submit an initial (baseline) Progress Schedule in critical path method (CPM) form, using software generally accepted in the construction industry. The schedule shall be submitted to the County for approval prior to the first Application for Progress Payment. The Progress Schedule shall be updated and submitted with each Application for Progress Payment. CONTRACTOR shall include dates at which the various parts of the WORK will be started, estimated date of completion of each part and, as applicable:

3.2.1 The dates at which special detail drawings will be required; and

3.2.2 Respective dates for submission of SHOP DRAWINGS, the beginning of manufacture, the testing and the installation of materials, supplies and equipment.

3.2.3 Within 20 calendar days of execution of this Contract but not less than 15 calendar days before the first Application for Progress Payment is to be submitted, Contractor shall submit to County a Schedule of Values covering various general and specific tasks enumerated by the County. The Schedule of Values shall contain for each enumerated task an estimate of the value that may be ascribed to completion of the task. Said Schedule of Values must be approved by the County prior to the payment of the first Application for Progress

Payment. Failure to provide a Schedule of Values acceptable to the County shall result in a delay of first payment until an acceptable Schedule of Values is submitted and approved by County.

3.3 The CONTRACTOR shall also submit a schedule of payments that the CONTRACTOR anticipates will be earned during the course of the WORK.

CONTRACT DOCUMENTS FOR CR395 NORTH ROAD RECONSTRUCTION MULTI-USE PATH

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 5 of 20

4. DRAWINGS AND SPECIFICATIONS

4.1 The intent of the DRAWINGS and SPECIFICATIONS is that the CONTRACTOR shall furnish all labor, materials, tools, equipment, and transportation necessary for the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS and all incidental work necessary to complete the PROJECT in an acceptable manner, ready for use, occupancy or operation by the OWNERS.

4.2 In case of conflict between the DRAWINGS and SPECIFICATIONS, the DRAWINGS shall govern. Figure dimensions on DRAWINGS shall govern over general DRAWINGS.

4.3 Any discrepancies found between the DRAWINGS and SPECIFICATIONS and site conditions or any inconsistencies or ambiguities in the DRAWINGS or SPECIFICATIONS shall be immediately reported to the County, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the CONTRACTOR'S risk.

5. SHOP DRAWINGS

5.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the prosecution of the WORK as required by the CONTRACT DOCUMENTS. The ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER'S approval of any SHOP

DRAWING shall not release the CONTRACTOR from responsibility for deviations from the

CONTRACT DOCUMENTS. The approval of any SHOP DRAWING which substantially deviates from the requirement of the CONTRACT DOCUMENTS shall be evidenced by a

CHANGE ORDER.

5.2 When submitted for the ENGINEER'S review, SHOP DRAWINGS shall bear the

CONTRACTOR'S certification that he has reviewed, checked and approved the SHOP

DRAWINGS and that they are in conformance with the requirements of the CONTRACT

DOCUMENTS.

5.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not begin until the SHOP DRAWING or submission has been approved by the ENGINEER. A copy of each approved SHOP DRAWING and each approved sample shall be kept in good order by the

CONTRACTOR at the site and shall be available to the ENGINEER.

6. MATERIALS, SERVICES AND FACILITIES

6.1 It is understood that, except as otherwise specifically stated in the CONTRACT

DOCUMENTS, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 6 of 20 and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the WORK within the specified time.

6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the WORK. Stored materials and equipment to be incorporated in the WORK shall be located so as to facilitate prompt inspection.

6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

6.4 Materials, supplies, or equipment shall be in accordance with samples submitted by the

CONTRACTOR and approved by the ENGINEER.

6.5 Materials, supplies, or equipment to be incorporated into the WORK shall not be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller.

7. INSPECTION AND TESTING

7.1 All materials and equipment used in the construction of the PROJECT shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the CONTRACT DOCUMENTS.

7.2 The OWNERS shall provide all inspection and testing services not required by the

CONTRACT DOCUMENTS.

7.3 The CONTRACTOR shall provide at the CONTRACTOR'S expense all testing and inspection services required by the CONTRACT DOCUMENTS.

7.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any WORK to specifically be inspected, tested, or approved by someone other than the CONTRACTOR, the CONTRACTOR will give the

ENGINEER timely notice of readiness. The CONTRACTOR will then furnish the ENGINEER the required certificates of inspection, testing or approval.

7.5 Inspections, tests, or approvals by the ENGINEER or others shall not relieve the

CONTRACTOR from the obligations to perform the WORK in accordance with the requirements of the CONTRACT DOCUMENTS.

7.6 The ENGINEER and the ENGINEER'S representatives will at all times have access to the WORK. In addition, authorized representatives and agents of any participating Federal or

State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials, and other relevant data and records. The CONTRACTOR will provide

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 7 of 20 proper facilities for such access and observation of the WORK and also for any inspection or testing thereof.

7.7 If any WORK is covered contrary to the written instruction of the ENGINEER, it must, if requested by the ENGINEER, be uncovered for the ENGINEER'S observation and replaced at the CONTRACTOR'S expense.

7.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, will uncover, expose or otherwise make available for observation, inspection or testing as the ENGINEER may require, that portion of the WORK in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such WORK is defective, the CONTRACTOR will bear all the expenses of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction. If, however, such WORK is not found to be defective, the CONTRACTOR will be allowed an increase in the CONTRACT PRICE or given an extension of the CONTRACT

TIME, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and an appropriate CHANGE ORDER shall be issued.

8. SUBSTITUTIONS

8.1 Whenever a material, article, or piece of equipment is identified on the DRAWINGS or

SPECIFICATIONS by reference to brand name or catalogue numbers, it shall be understood that this is the only acceptable product. In cases where two or more products are identified, then the

CONTRACTOR may select from the products identified. Whenever a product is identified on the DRAWINGS or SPECIFICATIONS by reference to a brand name with "or approved equal" appended, then the CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the CONTRACT

DOCUMENTS, and if, in the opinion of the ENGINEER, such material, article, or piece of equipment is of equal substance and function to that specified, the ENGINEER will allow its substitution and use by the CONTRACTOR. The CONTRACTOR will be required to identify selected items by brand name at the time of bidding. No substitutions will be allowed for these items, after the bids are opened.

9. PATENTS

9.1 The CONTRACTOR shall pay all applicable royalties and license fees, and shall defend all suits or claims for infringement of any patent rights and save the OWNERS harmless from loss on account thereof, except that the OWNERS shall be responsible for any such loss when a particular process, design, or product of a particular manufacturer or manufacturers is specified in the CONTRACT DOCUMENTS. However, if the CONTRACTOR has reason to believe that the design, process or products specified is an infringement of a patent, the CONTRACTOR shall be responsible for such loss unless the CONTRACTOR promptly gives such information to the

ENGINEER.

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 8 of 20

10. SURVEYS, PERMITS, REGULATIONS

10.1 The OWNERS shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the WORK together with a suitable number of bench marks adjacent to the WORK as shown in the CONTRACT DOCUMENTS. From the information provided by the OWNERS, unless otherwise specified in the CONTRACT DOCUMENTS, the

CONTRACTOR shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations, and cut sheets.

10.2 The CONTRACTOR shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance.

10.3 Permits and licenses of a temporary nature necessary for the prosecution of the WORK shall be secured and paid for by the CONTRACTOR unless otherwise stated in the

SUPPLEMENTAL GENERAL CONDITIONS. (These shall include City and/or County building permits, burn permits, debris disposal permits, etc.) Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the OWNERS, unless otherwise specified. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the WORK as drawn and specified. If the CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance therewith, the CONTRACTOR shall promptly notify the County in writing, and any necessary changes shall be adjusted as provided in Section 13, CHANGES IN THE WORK.

11. PROTECTION OF WORK, PROPERTY, AND PERSONS

11.1 The CONTRACTOR will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the WORK and other persons 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 or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction.

11.2 The CONTRACTOR will comply with all applicable law, ordinances, rules, regulations, and orders of any public body having jurisdiction. The CONTRACTOR will erect and maintain, as required by the conditions and progress of the WORK, all necessary safeguards for safety and protection. The CONTRACTOR will notify OWNERS of adjacent utilities when prosecution of the WORK may affect them. The CONTRACTOR will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or part, by the CONTRACTOR, any

SUBCONTRACTOR or anyone directly or indirectly employed by any of them or anyone of whose acts any of them may be liable, except damage or loss attributable to the fault of the

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 9 of 20

CONTRACT DOCUMENTS or the acts or omissions of the OWNERS, of the ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the

CONTRACTOR.

11.3 In emergencies affecting the safety of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions or authorization from the

ENGINEER or OWNERS, shall act to prevent threatened damage, injury or loss. The

CONTRACTOR will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the WORK or deviations from the CONTRACT DOCUMENTS caused thereby, and a

CHANGE ORDER shall thereupon be issued covering the changes and deviations involved.

12. SUPERVISION BY CONTRACTOR

12.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The

CONTRACTOR will employ and maintain on the WORK a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as the

CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the WORK.

13. CHANGES IN THE WORK

13.1 The OWNERS may at any time, as the need arises, order changes within the scope of the

WORK without invalidating the Agreement. If such changes increase or decrease the amount due under the CONTRACT DOCUMENTS, or in the time required for performance of the WORK, an equitable adjustment shall be authorized by CHANGE ORDER.

13.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in the details of the WORK. The CONTRACTOR shall proceed with the performance of any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR believes that such FIELD ORDER entitles the CONTRACTOR to a change in CONTRACT PRICE or TIME, or both, in which event the CONTRACTOR shall give the ENGINEER WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the

CONTRACTOR shall document the basis for the change in CONTRACT PRICE or TIME within thirty (30) days. The CONTRACTOR shall not execute such changes pending the receipt of an executed CHANGE ORDER or further instruction from the OWNERS.

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 10 of 20

14. CHANGES IN CONTRACT PRICE

14.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in the

CONTRACT PRICE shall be determined by one or more of the following methods in the order of precedence listed below:

a. Unit prices contained in the bid schedule.

b. A lump sum amount agreed upon by the OWNER and the CONTRACTOR which is substantiated by appropriate documentation and verified by the ENGINEER as being acceptable and in line with industry standards.

15. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

15.1 The date of beginning and the time for completion of the WORK are essential conditions of the CONTRACT DOCUMENTS, and the WORK embraced shall be commenced on a date specified in the NOTICE TO PROCEED.

15.2 The CONTRACTOR will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNERS, that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the WORK.

15.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or extension of time granted by the OWNERS, then the CONTRACTOR will pay to the

OWNERS the amount for liquidated damages as specified in the Contract for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the CONTRACT

DOCUMENTS.

15.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost when the delay in completion of the WORK is due to the following and the CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNERS or ENGINEER.

15.4.1 To any preference, priority or allocation order duly issued by the OWNERS.

15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, or of the public enemy, acts of the OWNERS, acts of another CONTRACTOR in the performance of a contract with the

OWNERS, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather; and

15.4.3 To any delays of SUBCONTRACTORS occasioned by any of the causes specified in paragraphs 15.4.1 and 15.4.2 of this article.

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16. CORRECTION OF WORK

16.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether incorporated in the construction or not, and the CONTRACTOR shall promptly replace and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and without expense to the OWNERS and shall bear the expense of making good all WORK of other CONTRACTORS destroyed or damaged by such removal or replacement.

16.2 All removal and replacement WORK shall be done at the CONTRACTOR'S expense. If the CONTRACTOR does not take action to remove such rejected WORK within ten (10) days after receipt of WRITTEN NOTICE, the OWNERS may remove such WORK and store the materials at the expense of the CONTRACTOR. The Contractor shall pay for all re-inspection costs.

17. SUBSURFACE CONDITIONS

17.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in the event of an emergency, notify the OWNERS by WRITTEN NOTICE of:

17.1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the CONTRACT DOCUMENTS; or

17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in WORK of the character provided for in the CONTRACT DOCUMENTS.

17.2 The OWNERS shall promptly investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the WORK, an equitable adjustment shall be made and the

CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the

CONTRACTOR for adjustment hereunder shall not be allowed unless the required WRITTEN

NOTICE has been given; provided that the OWNERS may, if the OWNERS determine the facts so justify, consider and adjust any such claims asserted before the date of final payment.

18. SUSPENSION OF WORK, TERMINATION, AND DELAY

18.1 The OWNERS may suspend the WORK or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the CONTRACTOR, by WRITTEN

NOTICE to the CONTRACTOR and the ENGINEER which shall fix the date on which WORK shall be resumed. The CONTRACTOR will resume that WORK on the date so fixed. The

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 12 of 20

CONTRACTOR will be allowed an increase in the CONTRACT PRICE or an extension of the

CONTRACT TIME, or both, directly attributable to any suspension.

18.2 If the CONTRACTOR is adjudged as bankrupt or insolvent, or makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for the

CONTRACTOR or for any of its property, or if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or repeatedly fails to make prompt payments to SUBCONTRACTORS or for labor, materials or equipment, or disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction over the WORK or disregards the authority of the ENGINEER, or otherwise violates any provision of the CONTRACT DOCUMENTS, then the OWNERS may, without prejudice to any other right or remedy and after giving the CONTRACTOR and its surety a minimum of ten

(10) days from delivery of a WRITTEN NOTICE, terminate the services of the CONTRACTOR and take possession of the PROJECT and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and finish the WORK by whatever method the OWNERS may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the WORK is finished. If the unpaid balance of the CONTRACT PRICE exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess SHALL BE PAID TO THE

CONTRACTOR. If such costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the OWNERS. Such costs incurred by the OWNERS will be determined by the

ENGINEER and incorporated in a CHANGE ORDER.

18.3 Where the CONTRACTOR'S services have been so terminated by the OWNERS, said termination shall not affect any right of the OWNERS against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies by the OWNERS due the

CONTRACTOR will not release the CONTRACTOR from compliance with the CONTRACT

DOCUMENTS.

18.4 In accordance with the terms of the Contract between OWNER and CONTRACTOR, the OWNERS may, without cause and without prejudice to any other right or remedy, elect to abandon the PROJECT and terminate the CONTRACT. In such case the CONTRACTOR shall be paid for all WORK executed and any expense sustained plus reasonable profit.

18.5 If, through no act or fault of the CONTRACTOR, the WORK is suspended for a period of more than ninety (90) days by the OWNERS or under an order of court or other public authority, or the ENGINEER fails to act on any complete and accurate request for payment, including but not limited to a Waiver of Right to Claim Against Payment Bond (Progress or Final

Payment), in the form specified in Section 255.05, Florida Statutes, from each subcontractor, person, firm or corporation who provided work, labor, equipment, or materials for the Project, to the date of the preceding progress payment, or the OWNERS fails to pay the CONTRACTOR substantially the sum approved by the ENGINEER in accordance with the Florida Prompt

Payment Act, then the CONTRACTOR may terminate the CONTRACT and recover from the

OWNERS payment for all WORK executed and all expenses sustained. In addition and in lieu of

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 13 of 20 terminating the CONTRACT, if the ENGINEER has failed to act on a request for payment or if the OWNERS have failed to make any payment as aforesaid, the CONTRACTOR may upon ten

(10) days written notice to the OWNERS and the ENGINEER stop the WORK until paid all amounts then due, in which event and upon resumption of the WORK CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or extending the CONTRACT TIME or both to compensate for the costs and delays attributable to the stoppage of the WORK.

18.6 If the performance of all or any portion of the WORK is suspended, delayed, or interrupted as a result of a failure of the OWNERS or ENGINEER to act within the time specified in the CONTRACT DOCUMENTS, or if no time is specified, within a reasonable time, an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNERS or ENGINEER.

19. PAYMENT TO CONTRACTOR

19.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the ENGINEER a partial payment estimate filled out and signed by the CONTRACTOR covering the WORK performed during the period covered by the partial payment estimate and supported by such data as the ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the WORK but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the

OWNERS, as will establish the OWNERS' title to the material and equipment and protect the

OWNERS' interest therein, including applicable insurance. The ENGINEER will, within ten (10) days after receipt of each partial payment estimate either indicate in writing approval of payment, and present the partial payment estimate to the OWNERS, or return the partial payment estimate to the CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The OWNERS will, upon receipt of an application for progress payment with the requisite Waiver of Right to Claim Against Payment Bond (Progress Payment) in the form specified in Section 255.05, Florida Statutes, and in accordance with the Florida Prompt Payment

Act, pay the CONTRACTOR a progress payment on the basis of the approved application for progress payment less the retainage. The retainage shall be an amount equal to 10% of said estimated Payment of the ten percent (10%) retainage shall be paid within twenty (20) business days after the approved Application for Final Payment is stamped as received by the County

Finance Director, subject to final approval and acceptance of the Project by the County.

19.2 The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored either at or near the site.

19.3 The County may, at its discretion, occupy and use portions of the Project before

SUBSTANTIAL COMPLETION of the entire Project. If the County should so elect to occupy and use a portion of the Project before SUBSTANTIAL COMPLETION of the entire Project, the

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Project ENGINEER shall establish the date of SUBSTANTIAL COMPLETION for that portion of the Project, and the Correction Period for that portion of the Project shall run for one (1) year after the date of SUBSTANTIAL COMPLETION established for that portion of the Project.

Defects identified for correction during the Correction Period but remaining defective after its expiration shall be considered as part of the Contractor’s obligation to repair.

19.4 The OWNERS shall have the right to enter the premises for the purpose of doing work not covered by the CONTRACT DOCUMENTS. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the WORK, or the restoration of any damaged WORK except such as may be caused by agents or employees of the OWNERS.

19.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the

OWNERS, shall be paid to the CONTRACTOR in accordance with the Florida Prompt Payment

Act.

19.6 The CONTRACTOR will indemnify and save the OWNERS or the OWNERS' agents harmless from all claims growing out of the lawful demand of SUBCONTRACTORS, labors, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools and all supplies, incurred in the furtherance of the performance of the WORK. The

CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNERS may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the

CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the CONTRACTOR shall be resumed in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence by construed to impose any obligations upon the OWNERS to either the

CONTRACTOR, the CONTRACTOR'S Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNERS shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNERS to the CONTRACTOR, and the

OWNERS shall not be liable to the CONTRACTOR for any such payments made in good faith.

19.7 If the OWNERS fail to make timely payment after approval by the ENGINEER, in addition to other remedies available to the CONTRACTOR, there shall be added to each such payment interest on the unpaid balance at the maximum legal rate commencing thirty (30) days after the due date and continuing until the payment is received by the CONTRACTOR.

Contractor must invoice the OWNER for any interest accrued in order to receive the interest payment (§218.74(4), F.S.).

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20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE

20.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNERS of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this WORK and for every act and neglect of the OWNERS and others relating to or arising out of this WORK. Any payment, however, final or otherwise shall not release the CONTRACTOR or its sureties from any obligations under the CONTRACT

DOCUMENTS or the Performance and Payment Bonds.

21. INSURANCE

21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of, or result from the CONTRACTOR'S execution of the WORK, whether such execution by the CONTRACTOR, any SUBCONTRACTOR, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

21.1.1 Claims under workman's compensation, disability benefit and other similar employee benefit acts;

21.1.2 Claims for damages because of bodily injury, occupational sickness, or death of employees;

21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than employees;

21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and

21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom.

21.2 Certificates of Insurance acceptable to the OWNERS shall be filed with the OWNERS prior to commencement of the WORK. These Certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least ten(10) days prior

WRITTEN NOTICE has been given to the OWNERS.

21.3 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, Liability Insurance as hereinafter specified:

21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting the CONTRACTOR

WALTON COUNTY, FLORIDA PROJECT #50182251 General Conditions: Page 16 of 20 from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT

DOCUMENTS, whether such operations by the CONTRACTOR or by any SUBCONTRACTOR employed by the CONTRACTOR or anyone directly or indirectly employed by the

CONTRACTOR or by a SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident.

21.3.2 The CONTRACTOR shall acquire and maintain, if applicable, Fire and Extended

Coverage Insurance upon the PROJECT to the full insurable value thereof for the benefit of the

OWNERS, the…