Silver_Ridge_Water_Main_Improvements_-_100%_Specifications.pdf

BID TECHNICAL SPECIFICATIONS AND CONTRACT DOCUMENTS

FOR

SILVER RIDGE WATER MAIN IMPROVEMENTS

September 2026

Prepared By:

Kimley Horn and Associates 1530 Cornerstone Blvd, Suite 200A

Daytona Beach, FL 32117 386-271-0282

Colten A. Brickler, P.E. Bid No.

Registered Engineer No. 98411 Owner Project No. ___________ State of Florida Engineer Project No. 149398015

City of Edgewater Silver Ridge Water Main Improvements

PAGE INTENTIONALLY LEFT BLANK

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TABLE OF CONTENTS

BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT

DIVISION 0 PROJECT MANUAL

00410 BID BOND FORM

00550 NOTICE TO PROCEED

00610 PERFORMANCE BOND

00620 PROCEDURES FOR PAYMENT APPLICATION

00621 APPLICATION AND CERTIFICATE FOR PAYMENT FORM

00622 STORED MATERIALS ONSITE FORM

00625 CERTIFICATE OF SUBSTANTIAL COMPLETION

00626 NOTICE OF ACCEPTABILITY

00630 CONTRACTORS FINAL RELEASE OF LIEN AND CONSENT OF SURETY

00800 SUPPLEMENTARY CONDITIONS

00810 CONTRACTORS CERTIFICATE OF INSURANCE - PUBLIC LIABILITY AND

PROPERTY DAMAGE

00815 CONTRACTORS CERTIFICATE OF INSURANCE - WORKMAN'S

COMPENSATION

00940 WORK CHANGE DIRECTIVE FORM

00941 CHANGE ORDER FORM

00942 FIELD ORDER FORM

00999 COPIES OF PERMITS, REPORTS, & TECHNICAL DATA (NOT INCLUDED)

DIVISION 1 GENERAL REQUIREMENT

01000 GENERAL REQUIREMENTS

01025 MEASUREMENT AND PAYMENT

01027 PERIODIC PAY ESTIMATES

01030 SPECIAL PROJECT PROCEDURES

01041 PROJECT COORDINATION

01050 FIELD ENGINEERING AND SURVEYING

01065 PERMITS AND FEES

01090 REFERENCE STANDARDS

01200 PROJECT MEETINGS

01310 CONSTRUCTION SCHEDULE

01340 SHOP DRAWINGS

01370 SCHEDULE OF VALUES

01450 QUALITY CONTROL

01530 PROTECTION OF EXISTING FACILITIES

01545 CUTTING AND PATCHING

01600 MATERIAL AND EQUIPMENT

01700 CONTRACT CLOSEOUT

01710 CLEANING

01720 PROJECT DOCUMENTS

01730 OPERATING AND MAINTENANCE DATA

01740 WARRANTIES AND BONDS

01850 COLOR AUDIO-VIDEO PRECONSTRUCTION RECORD

01900 SEQUENCE OF CONSTRUCTION

DIVISION 2 SITE CONSTRUCTION

02015 EQUIPMENT, PIPING, AND MATERIALS DEMOLITION

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02100 CLEARING AND GRUBBING

02221 TRENCHING BEDDING AND BACKFILLING

02240 DEWATERING

02310 FINISH GRADING

02315 EXCAVATION & FILL

02441 HORIZONTAL DIRECTIONAL DRILLING

02514 CONCRETE SIDEWALKS AND DRIVEWAYS

02616 DISINFECTING POTABLE WATER PIPE LINES

02618 PIPELINE CLEANING

02635 LINE STOPS

02665 PIPE INSTALLATION

02684 PRESSURE TESTING OF PIPING

02820 ASBESTOS PIPE REMOVAL

02920 GRASSING

02951 RESTORATION

DIVISION 3 CONCRETE

03103 FORMWORK, REINFORCING, AND CONCRETE

DIVISION 15 MECHANICAL

15075 CONNECTIONS BETWEEN DISSIMILAR MATERIALS

15100 VALVES AND OPERATORS

15297 HDPE PIPE, 24 INCHES AND SMALLER

00410 - 1

SECTION 00410

BID FORM (LUMP SUM)

BID FORM

FOR

SILVER RIDGE WATER MAIN IMPROVEMENTS

CITY OF EDGEWATER

ITEM # DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT

GENERAL

1 Mobilization/General Conditions LS 1 2 Project Closeout/Record Drawings LS 1 3 Preconstruction Video LS 1

4 Construction Testing (Pressure, Bacteriological, Density Testing) LS 1

5 Maintenance of Traffic LS 1 6 Survey Layout LS 1 7 General Site Work (Erosion Control) LS 1 8 Dewatering LS 1

PROPOSED IMPROVEMENTS

General Restoration (Includes Grading, Seeding, Mulching, Landscaping, Pavers, and Fencing all Areas Disturbed During Construction and General Restoration of Project.)

LS 1

10 Concrete Driveway Restoration SY 70 11 Concrete Stair Restoration EA 1 12 Asphalt Restoration SY 10 13 Mill and Resurface SY 100 14 Curb and Gutter Restoration LF 10

3" DR-11 PE Piping - Water Main (Includes Excavation, Installation, Fittings, Adapters, Restraints, Labor, Equipment, etc.) via Open Cut

LF 1,090

3" DR-11 PE Piping - Water Main (Includes Excavation, Installation, Fittings, Adapters, Restraints, Labor, Equipment, etc.) via Horizontal Directional Drill

LF 150

6" C900 PVC Piping - Water Main (Includes Excavation, Installation, Fittings, Adapters, Restraints, Labor, Equipment, etc.)

LF 20

8" DR-11 PE Piping - Water Main (Includes Excavation, Installation, Fittings, Adapters, Restraints, Labor, Equipment, etc.) via Horizontal Directional Drill

LF 180

19 Cap and Abandon Existing 2" Water Main EA 3 20 Remove Existing 2" Water Main LF 15

21 Service Connections (Includes Double Strap Saddle, Labor, Equipment, etc.) EA 20

22 3" Gate Valve EA 5 23 6" Gate Valve EA 2

24 Connect to Existing Water Main with 6" x 3" Tapping Sleeve and Valve EA 2

25 Connect to Existing Water Main with 6" x 6" Tapping Sleeve and Valve EA 2

26 Tie into Existing Water Main via Existing Gate Valve EA 1

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27 2" Line Stop EA 1

BASE BID GRAND TOTAL

The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs.

END OF SECTION

00550 - 1

SECTION 00550

NOTICE TO PROCEED

Owner: CITY OF EDGEWATER Owner's Contract No.:

Contractor: Contractor’s Project No.:

Engineer: KIMLEY-HORN & ASSOCIATES Engineer's Project No.:

149398015

Project: Silver Ridge Water Main Improvements Contract Name:

Effective Date of Contract:

TO CONTRACTOR:

Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on [_____________________, 20__].

On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be done at the Site prior to such date. In accordance with the Agreement, the number of days to achieve Substantial Completion is _ two hundred ten (210)______._______, and the number of days to achieve readiness for final payment is _two hundred fourty (240)_____________.

Before starting any Work at the Site, Contractor must comply with the following:

1. No Special Conditions.

Owner: CITY OF EDGEWATER

Authorized Signature

By:

Title:

Date Issued:

Copy: Engineer

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00610 - 1

SECTION 00610

PERFORMANCE BOND

CONTRACTOR (name and address): SURETY (name and address of principal place of business):

OWNER (name and address):

City of Edgewater, Attn: City Clerk P.O. Box 100 Edgewater, FL 32132-100

CONSTRUCTION CONTRACT

Effective Date of the Agreement:

Amount:

Description (name and location):– SILVER RIDGE WATER MAIN IMPROVEMENTS in Edgewater, FL

BOND

Bond Number:

Date (not earlier than the Effective Date of the Agreement of the Construction Contract):

Amount:

Modifications to this Bond Form: None See Paragraph 16

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(seal) (seal) Contractor’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature Signature (attach power of attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

00610 - 2

1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3.

3. If there is no Owner Default under the Construction Contract, the Surety’s obligation under this Bond shall arise after:

3.1 The Owner first provides notice to the

Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor’s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner’s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend.

Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety’s receipt of the Owner’s notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner’s right, if any, subsequently to declare a Contractor Default;

3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and

3.3 The Owner has agreed to pay the

Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.

4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice.

5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

5.1 Arrange for the Contractor, with the

consent of the Owner, to perform and complete the Construction Contract;

5.2 Undertake to perform and complete the

Construction Contract itself, through its agents or independent contractors;

5.3 Obtain bids or negotiated proposals from

qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or

5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

5.4.1 After investigation, determine the

amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or

5.4.2 Deny liability in whole or in part and

notify the Owner, citing the reasons for denial.

6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner.

7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for:

7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;

7.2 additional legal, design professional, and delay costs resulting from the Contractor’s Default, 00610 - 3 and resulting from the actions or failure to act of the Surety under Paragraph 5; and

7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety’s liability is limited to the amount of this Bond.

9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns.

10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations.

11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.

13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.

When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

14. Definitions

14.1 Balance of the Contract Price: The total

amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.

14.2 Construction Contract: The agreement

between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents.

14.3 Contractor Default: Failure of the

Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract.

14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

14.5 Contract Documents: All the documents

that comprise the agreement between the Owner and Contractor.

15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.

16. Modifications to this Bond are as follows:

N/A – No modifications

00610 - 4

00620 - 1

SECTION 00620

PROCEDURES FOR PAYMENT APPLICATION

PART 1 - GENERAL

1.01 DESCRIPTION

A. Scope of Work: Submit Application for payment to the Engineer in accordance with schedule established by Conditions of the Contract and Agreement between Owner and Contractor.

Contractor shall use the Application and Certificate for Payment Form included in Section 00621 as the official pay request form.

B. Related Requirements Described Elsewhere:

1. Agreement:

2. Section 00621 – Application for Payment Form

3. Section 00622 – Stored Materials Form (if applicable)

4. Section 00630 – Contractor’s Final Release of Lien & Consent of Surety

5. Section 01310 – Construction Progress Schedule

6. Section 01370 – Schedule of Values

7. Section 01850 – Video Documentation

8. Section 01700 – Closeout Procedures

9. Section 01720 – Project Record Documents

1.02 FORMAT REQUIRED

A. Submit applications on the form provided in Division 00, Section 00621: Application and

Certificate for Payment Form.

B. Provide itemized data on continuation sheets of format, schedules, line items, and values specified on the Application and Certificate for Payment Form.

1.03 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT

A. Application Form:

1. Fill in required information, including that for Change Orders executed prior to date of submittal of application.

2. Fill in percent complete for each activity and dollar values to agree with respective percentages.

3. Execute certification with signature of a responsible officer of Contractor.

B. Continuous Sheets:

1. Fill in total of all scheduled component items of the Work, with item number and schedule dollar value for each item.

00620 - 2

2. Fill in dollar value in each column for each scheduled line item when Work has been performed or products stored. Round off values to nearest dollar, or as specified for Schedule of Values.

3. List each Change Order executed prior to date of submission, at the end of the continuation sheets. List by Change Order Number, and description, as for an original component item Work.

4. To receive approval for payment on component material stored on site, submit copies of the original invoices with Application and Certificate for Payment.

5. As provided for in the Application and Certificate for Payment Form, the Contractor shall certify, for each current pay request, that all previous progress payments received from the Owner, under this Contract, have been applied by the Contractor to discharge in full, all obligations of the Contractor in connection with Work covered by prior Applications for Payment, and all materials and equipment incorporated into the Work are free and clear of all liens, claims, security interest, and encumbrances. Contractor shall attach to each Application and Certificate for Payment like affidavits by all Subcontractors.

1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS

A. Contractor shall submit suitable information, with a cover letter identifying:

1. Project.

2. Application number and date.

3. Detailed list of enclosures.

4. For stored products:

5. Item number and identification as shown on application.

6. Description of specific material.

B. Submit one (1) copy of data and cover letter for each copy of application.

C. The Contractor is to maintain an updated set of drawings to be used as record drawings in accordance with Section 01720: Project Record Documents. As a prerequisite for monthly progress payments, the Contractor is to exhibit the updated record drawings for review by the Owner and the Engineer.

D. Each monthly application for payment shall incorporate the corresponding “monthly progress status report” and updated construction schedule, prepared in accordance with the requirements of Section 01310: Construction Progress Schedule.

E. As a prerequisite for payment, Contractor shall submit a duly executed letter from surety consenting to payment due and progress to date.

F. Provide construction photographs in accordance with Section 01850: Video Documentation.

1.05 PREPARATION OF APPLICATION FOR FINAL PAYMENT

A. Fill in application form as specified for progress payments. Provide information as required by the General Conditions and Section 01700: Closeout Procedures

B. Furnish evidence of completed operations and insurance in accordance with the General Conditions.

00620 - 3

1.06 SUBMITTAL PROCEDURE

A. Submit Application for Payment to the Engineer at the time stipulated in the Agreement, or as agreed to at the pre-construction meeting. Review the percentages complete with the Engineer and resolve any conflict or discrepancies.

B. Application for payment to be submitted electronically in color for processing and payment.

C. When the Engineer finds the Application and Certificate for Payment Form is properly completed and correct, he will execute the Certificate for Payment and transmit the forms to the Owner, with a copy to the Contractor.

00620 - 4

SECTION 00621

APPLICATION AND CERTIFICATE FOR PAYMENT FORM

Application No. Progress Final

Engineer's Project No.: 149398015

Project: Silver Ridge Water Main Improvements

Contractor: Contract Date:

Contract for :

Application Date: For Period Ending

Change Order Summary Change Orders approved in ADDITIONS DEDUCTIONS previous months by OWNER

TOTAL $ 0.00 $ 0.00

Approved this month Number Date Approved

TOTALS $ 0.00 $ 0.00

Net Change by Change Orders $ 0.00

1. ORIGINAL CONTRACT SUM $ 0.00

2. Net Change by Change Order $ 0.00

3. CONTRACT SUM TO DATE (Line 1 and 2) $ 0.00

4. TOTAL COMPLETED AND STORED TO DATE $

5. RETAINAGE: (Column I & N, Forms 00845 and 00846)

a. % of Completed Work $

b. % of Stored Material $ Total Retainage (Line 5a and 5b) $ 0.00

6. TOTAL EARNED LESS RETAINAGE

(Line 4 less Line 5 Total) $ 0.00

7. LESS PREVIOUS CERTIFICATES FOR PAYMENT

(Line 6 from prior Certificate) $ 0.00

8. AMOUNT DUE THIS APPLICATION $ 0.00

9. BALANCE TO FINISH, PLUS RETAINAGE $ 0.00

(Line 3 less Line 6)

00621 - 1

Contractor's Certification The undersigned Contractor hereby swears under penalty of perjury that (1) all previous progress payments received from the Owner on account of Work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with Work covered by prior Applications for Payment numbered 1 through ____ inclusive; and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interest and encumbrances; (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents.

Dated (Contractor)

By: __________________________________________ (Name)

(Title)

COUNTY OF

STATE OF

Before me on this __________ day of ___________, 20____, personally appeared __________________, known to me, who being duly sworn, deposes and says that (s)he is the _____________________ of the Contractor above mentioned; that s(he) executed the above Application for Payment and statement on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete.

(Notary Seal) Notary Public

My commission Expires _________________________________________

Engineer's Recommendation

Payment of the above AMOUNT DUE THIS APPLICATION is recommended.

Kimley-Horn & Associates

By:

(Authorized Signature)

Date:

00621 - 2

Owner's Approval By: __________________________________________

(Title)

Acct No. Date: __________________________________________

00621 - 3

Section 00622 Stored Materials Summary

Date:

Owner: City of Edgewater Received thru:

Project: Installed thru:

Bid No.:

Contractor:

Inv. # Vendor Description Unit Price Qty. Amount Qty. Amount Qty. Amount Qty. Amount

Subtotal Sales Tax

Total

Total StoredPrevious Stored Received this Period (+) Installed this Period (-)

00622 - 1

00625 - 1

SECTION 00625

CERTIFICATE OF SUBSTANTIAL COMPLETION

Owner: CITY OF EDGEWATER Owner's Contract No.:

Contractor: Contractor’s Project No.:

Engineer: KIMLEY-HORN & ASSOCIATES Engineer's Project No.:

149398015

Project: SILVER RIDGE WATER MAIN IMPROVEMENTS Contract Name:

This Certificate of Substantial Completion applies to:

All Work The following specified portions of the Work:

Date of Substantial Completion

The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion. The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the contractual correction period and applicable warranties required by the Contract.

A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and 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.

The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as amended as follows:

Amendments to Owner's responsibilities: None

As follows

Amendments to Contractor's responsibilities: None

As follows:

The following documents are attached to and made a part of this Certificate:

1. Punch List, dated ________________

This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract.

00625 - 2

EXECUTED BY ENGINEER: RECEIVED: RECEIVED:

By: By: By:

(Authorized signature) Owner (Authorized Signature)

Contractor (Authorized Signature)

Title: Title: Title:

Date: Date: Date:

00626 - 1

SECTION 00626

NOTICE OF ACCEPTABILITY OF WORK

PROJECT: Silver Ridge Water Main Improvements

OWNER: CITY OF EDGEWATER

CONTRACTOR:

OWNER’S CONSTRUCTION CONTRACT IDENTIFICATION:

EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT:

ENGINEER: KIMLEY-HORN & ASSOCIATES

NOTICE DATE:

To:

Owner

And To:

Contractor

From:

Engineer

The Engineer hereby gives notice to the above Owner and Contractor that Engineer has recommended final payment of Contractor, and that the Work furnished and performed by Contractor under the above Construction Contract is acceptable, expressly subject to the provisions of the related Contract Documents, and the following terms and conditions of this Notice:

CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK

A. The Notice of Acceptability of Work (“Notice”) is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree:

1. This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality.

2. This Notice reflects and is an expression of the Engineer’s professional opinion.

3. This Notice is given as to the best of Engineer’s knowledge, information, and belief as of the Notice Date.

4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor’s work) under Engineer’s Agreement with Owner, and applies only to facts that are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement.

00626 - 2

5. This Notice is not a guarantee or warranty of Contractor’s performance under the Construction Contract, an acceptance of Work that is not in accordance with the related Contract Documents, including but not limited to defective Work discovered after final inspection, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Construction Contract Documents, or to otherwise comply with the Construction Contract Documents or the terms of any special guarantees specified therein.

6. This Notice does not relieve Contractor of any surviving obligations under the Construction Contract, and is subject to Owner’s reservations of rights with respect to completion and final payment.

By:

Title:

Dated:

00630 - 1

SECTION 00630

CONTRACTOR’S FINAL RELEASE OF LIEN & CONSENT OF SURETY

PART 1 - CONTRACTOR’S RELEASE OF LIEN

Before me the undersigned authority in said County and State, appeared

(print name)____________________ who, being first duly sworn, deposes and says that he is

(corporate title)______________________________of

(corporate name)___________________________, a company and/or corporation authorized to do business under the laws of Florida, which is the Contractor on the Contract described as:

(contract name & no.) – SILVER RIDGE WATER MAIN IMPROVEMENTS dated the ___ day of ______________, 20___, that the said deponent is duly authorized to make this affidavit by resolution of the Board of Directors of said company and/or corporation; that deponent knows of his own knowledge that said Contract has been complied with in every particular by said Contractor and that all parts of the work have been approved by the Owner’s Engineers; that there are no bills remaining unpaid for labor, material, or otherwise, in connection with said Contract and work, and that there are no suits pending against the undersigned as Contractor or anyone in connection with the work done and materials furnished or otherwise under said Contract.

Deponent further says that the final estimate which has been submitted to the Owner simultaneously with the making of the affidavit constitutes all claims and demands against the Owner on account of said Contract or otherwise, and the acceptance of the sum specified in said final estimate will operate as full and final release and discharge of the Owner from any further claims, demands or compensation by Contractor under the above Contract. Deponent further agrees that all guarantees under this Contract shall be in full force from the date of this release as spelled out in the Contract Documents.

Sworn to and subscribed to before me this _______day of ___________________. 20____.

Notary Public

My Commission Expires ___________

00630 - 2

PART 2 - CONSENT OF SURETY FOR FINAL PAYMENT

We, the ___________________having heretofore executed a Performance Bond for the above-mentioned Contractor covered Project and Section as described above in the sum of ____________________________________dollars ($_______________________), hereby agree that the Owner may make full payment of the final estimate, including the retained percentage, to said 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 the surety company of its obligations under its bond, as set forth in the Specifications, Contract and Bond pertaining to the above Project.

IN WITNESS WHEREOF, the ______________________________has caused this instrument to be executed on its behalf by its ___________________________and/or its duly authorized attorney in fact, and its corporate seal to be hereunto affixed, all of this _______ day of _______________, A.D., 20_____.

Surety Company

Attorney in Fact

(Power of Attorney must be attached if executed by Attorney in Fact)

STATE OF FLORIDA

COUNTY OF ____________________

Before me the undersigned authority, personally appeared to me well known as the person described in and who executed the foregoing instrument in the name of ___________________and/or authority to execute the same on behalf of said ________________________, a corporation.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal at __________________ this ________day of _______________________, Notary Public

00800 - 1

SECTION 00800

TABLE OF CONTENTS

Page

NOTE REGARDING THESE SUPPLEMENTARY CONDITIONS:

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

SC- 1.01 Defined Terms

ARTICLE 2 – PRELIMINARY MATTERS

SC- 2.01 Delivery of Bonds and Evidence of Insurance SC- 2.02 Copies of Documents

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

SC- 3.03 Reporting and Resolving Discrepancies

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

SC- 4.01 Commencement of Contract Times; Notice to Proceed

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS

ENVIRONMENTAL CONDITIONS

SC- 5.03 Subsurface and Physical Conditions SC- 5.04 Differing Subsurface or Physical Conditions SC- 5.06 Hazardous Environmental Conditions

ARTICLE 6 – BONDS AND INSURANCE

SC- 6.01 Performance, Payment, and Other Bonds SC- 6.02 Insurance—General Provisions SC- 6.03 Contractor’s Insurance SC- 6.05 Property Insurance

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

SC- 7.02 Supervision and Superintendence SC- 7.03 Labor; Working Hours SC- 7.07 Concerning Subcontractors and Suppliers SC- 7.09 Taxes SC- 7.13 Safety and Protection

ARTICLE 8 – OTHER WORK AT THE SITE

SC- 8.02 Coordination

ARTICLE 9 – OWNER’S RESPONSIBILITIES

SC- 9.13 Owner’s Site Representative

ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION

SC- 10.01 Owner’s Representative SC- 10.03 Project Representative

ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

SC- 13.01 Cost of the Work SC- 13.03 Unit Price Work

ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 14

SC- 15.01 Progress Payments SC- 15.03 Substantial Completion

ARTICLE 17 – FINAL RESOLUTION OF DISPUTES

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NOTE REGARDING THESE SUPPLEMENTARY CONDITIONS:

These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC® C-700 (2018 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto.

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

SC-1.01 Defined Terms

SC-1.01A.42 Delete the definition of Substantial Completion and insert the following in its place:

42. Substantial Completion - The Work (or a specified part thereof) has progressed to the point where, in the opinion of the Engineer as evidenced by Engineer's definitive Certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents and that all conditions precedent to Substantial Completion have been met in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof.

Add the following definitions at the end of Article 1 - definitions of the Standard General Conditions of the Construction Contract:

51. Compensable Delay - Any delay beyond the control and without the fault or negligence of the Contractor resulting from Owner-caused changes in the Work, differing site conditions, suspensions of the Work, or termination for convenience by the Owner.

52. Correction Period - The time during which the Contractor must correct defective Work or remove defective Work from the site and replace it with non-defective Work, all at no cost to the Owner, pursuant to paragraph 14.03 of the General Conditions, as supplemented.

53. Final Completion - The date upon which final payment is due to be paid by Owner to Contractor.

54. Excusable Delay - Any delay beyond the control and without the fault or negligence of the Contractor, the Owner, or any other Contractor caused by events or circumstances such as, but not limited to, acts of God or of the public enemy, acts of interveners, acts of the government, fires, floods, epidemics, quarantine restrictions, freight embargoes, and hurricanes, tornadoes, or new sink holes. Labor disputes and above average rainfall shall give rise only to Inexcusable Delays.

55. Float or Slack Time - The time available in the progress schedule during which an unexpected activity can be completed without delaying the Substantial Completion of the Work.

56. Initiation of Operation - The date when the Owner actually begins to use the entire Work for the purposes for which it was planned, designed and built, thus commences the Correction Period.

The Owner shall not be deemed to have accepted the Work until Initiation of Operation.

57. Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. A modification may be issued after the Effective Date of the Agreement.

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58. Inexcusable Delay - Any delay caused either (i) by events or circumstances within the control of the Contractor, such as inadequate crewing, slow submittals, etc., which might have been avoided by the exercise of care, prudence, foresight, or diligence on the part of the Contractor,

(ii) by weather conditions (other than hurricanes and tornadoes) or (iii) labor disputes.

59. Non-Prejudicial Delay - Any delay impacting a portion of the Work within the available total Float or Slack Time, as that term is used in Section 01310: Construction Schedule, and not necessarily preventing completion of the Work within the Contract Time.

60. Prejudicial Delay - Any Excusable or Compensable Delay impacting the Work and exceeding the total Float Time available in the progress schedule, thus preventing completion of the Work within the Contract Time unless the Work is accelerated.

61. Preoperational Testing (Check-Out-Testing) - All field inspections, installation checks, water tests, performance tests, and necessary corrections required of the Contractor as a condition or conditions to achieving Substantial Completion to demonstrate to the Owner and Engineer that individual components of the Work have been properly constructed and operate in accordance with the Contract Documents for their intended purposes.

62. Start-Up Testing (Demonstration Testing) - A predefined trial period required as a condition to Initiation of Operation during which Contractor is to operate the entire Work (or any part thereof agreed to by the Owner) under actual and simulated operating conditions for the purpose (i) of making such minor adjustments and changes to the Work as may be necessary for the Work to comply with the Contact Documents and (ii) of complying with the final test requirements in the Contract Documents."

ARTICLE 2 – PRELIMINARY MATTERS

SC-2.01 Delivery of Bonds and Evidence of Insurance

SC-2.01 Delete Paragraphs 2.01 B. in their entirety and insert the following in their place:

B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies of insurance (including all endorsements, and identification of applicable self-insured retentions and deductibles) required to be provided by Contractor in Article 6. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

SC-2.02 Copies of Documents

SC-2.02.A. Amend the first sentence of Paragraph 2.02.A. to read as follows:

Owner shall furnish to Contractor [_one (1)___] copies of the Contract Documents (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF).

SC-2.02.B. Add the following to the end of the Paragraph:

Owner may choose to retain such original in an electronic format acceptable for records retention purposes under Florida law in a database managed by the City Clerk’s office and accessible to Owner’s personnel.

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

SC-3.03 Reporting and Resolving Discrepancies

SC-3.03 Add the following immediately after paragraph 3.03 A.3. of the Standard General Conditions:

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A. The Contractor shall not take advantage of any apparent error or omissions which may be found in the Drawings or Specifications, and the Engineer shall be entitled to make such corrections therein and interpretations thereof as may be deemed necessary for the fulfillment of their intent. The Contractor shall be responsible for all errors in construction which could have been avoided by such examination and notification and shall correct, at its own expense, all Work improperly constructed through failure to notify the Engineer and request specific instructions.

SC-3.03 Add the following immediately after paragraph 3.03B:

C. Order of Precedence of Contract Documents:

1. In resolving differences resulting from conflicts, errors or discrepancies in any of the following Contract Documents, the order of precedence shall be as follows:

a. Permits

b. Change Orders

c. Contract Agreement

d. Specification

e. Drawings

2. Within the Specifications, the order of precedence is as follows:

a. Addenda

b. Notice to Bidders

c. Instructions to Bidders

d. Supplementary General Conditions

e. General Conditions

f. Division 1, General Requirements

g. Technical Specifications

h. Referenced Standard Specifications

3. With reference to the Drawings, the order of precedence is as follows:

a. Figures govern over scaled dimensions

b. Detail drawings govern over general drawings

c. Change order drawings govern over contract drawings

d. Contract drawings govern over standard or shop drawings

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ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

SC-4.01 Commencement of Contract Times; Notice to Proceed

SC-4.01 Delete paragraph 4.01 of the General Conditions in its entirety and insert the following in its place.

A. A “Notice to Proceed” may be given to the Contractor at any time after the Effective date of the Agreement. The Contract Time will commence to run on the day indicated in the Notice to Proceed. In no event will the Contract Time commence to run later than the sixtieth (60th) day after the Effective Date of the Agreement. Contractor shall be deemed to have defaulted on the Contract if productive work has not commenced onsite within thirty (30) days from the date of Notice to Proceed, unless otherwise agreed to in writing by Owner.

ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;

HAZARDOUS ENVIRONMENTAL CONDITIONS

SC-5.03 Subsurface and Physical Conditions

SC-5.03 Add the following immediately after Paragraph 5.03.C:

1. The following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner. Copies of these reports are provided in N/A

a. N/A – No such reports known.

SC-5.04 Differing Subsurface or Physical Conditions

SC-5.04 A. Change the first sentence in the paragraph immediately following subpart 4. to "Then Contractor shall, within three (3) days after becoming aware thereof..."

SC-5.06 Hazardous Environmental Conditions

SC-5.06 Add the following new subparagraphs immediately after Paragraph 5.06.A.3:

A.4 The following reports regarding Hazardous Environmental Conditions at the Site are known to Owner. Copies of these reports are provided in N/A

a. N/A – No such reports known.

SC-5.06 Add the following new paragraph immediately after Paragraph 5.06.K:

L. No claim of the Contractor under paragraphs 5.03, 5.05 and 5.06 shall be allowed unless, (1) the Contractor has given the notice required in sub-paragraph 5.06E, and (2) within thirty (30) days (but before final payment) after the Contractor has given written notice, the Contractor submits to the Owner a detailed claim setting forth the Contractor's right to an increase in the Contract Price or extension of the Contract Time as provided in Articles 11 and 13 of the Standard General Conditions.

ARTICLE 6 – BONDS AND INSURANCE

SC-6.01 Performance, Payment, and Other Bonds

SC-6.01.C. Add a new paragraph immediately after paragraph 6.01 C of the Standard General Conditions which is to read as follows:

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1. The following requirements shall be met by all surety companies furnishing bid, performance, payment or other type of Bonds:

a. The Surety shall be rated as "A" or better as to General Policyholders Rating and Class X or better as to Financial Category by Best's Key Rating Guide, published by Alfred M. Best Company, Inc., 75 Fulton Street, New York, New York, 10038.

b. All Surety Companies are subject to approval and may be rejected by the Owner without cause.

2. Limitations: Bonding limits or bonding capacity refers to the limit or amount of Bond acceptable on any one (1) risk.

a. The bonding limit of the Surety shall not exceed ten percent (10%) of the policyholder surplus (capital and surplus) as listed by the aforementioned Best's Key Rating Guide, on any one risk (penalty or amount of any one bond).

3. Requirements:

a. Policyholders surplus is required to be five (5) times the amount of any one bond.

b. The Agent countersigning the bond shall be resident in the County where the Project is located and/or other counties that are acceptable to the Owner.

SC-6.01.H. Add a new paragraph immediately after paragraph 6.01 H of the Standard General Conditions which read as follows:

I. Contractor shall pay Owner all losses, damages, expenses, costs, and attorney’s fees, including but not limited to any appellate proceedings, which the Owner sustains because of default by the Contractor under the contract.

SC-6.02 Insurance—General Provisions

SC-6.02.B Add the following paragraph immediately after Paragraph 6.02.B:

1. Contractor may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and

(c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months.

SC-6.02.F Add the following paragraph immediately after Paragraph 6.02.F:

1. Contractor must provide written notice to Owner no less than 30 days prior to a change in any insurance coverage required under this Contract or any renewal of such.

SC-6.03 Contractor’s Insurance

SC 6.03 Add the following new paragraph immediately after Paragraph 6.03.C:

D. The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of the General Conditions:

State: Statutory (e.g. F.S. 440)

Federal, if applicable (e.g., Longshoreman’s): Statutory

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2. Contractor’s Commercial General Liability under Paragraphs 6.03.B and 6.03.C of the General Conditions:

Annual General Aggregate $ Per ITB Document

Each Occurrence (Bodily Injury and Property Damage) $ Per ITB Document

The aggregate limits under SC-6.03.K.2 (Commercial General Liability)are required to be maintained fully available for this Contract by obtaining and maintaining a Designated Construction Project General Aggregate Limit endorsement, or equivalent.

3. Automobile Liability under Paragraph 6.03.D. of the General Conditions:

Bodily Injury:

Each person $ Per ITB Document

Each accident $ Per ITB Document

Property Damage:

Each accident $ Per ITB Document

[or]

Combined Single Limit of $ Per ITB Document

4. Excess or Umbrella Liability: - N/A

5. Contractor’s Pollution Liability:

Each Occurrence $

General Aggregate $

If box is checked, Contractor is NOT required to provide Contractor’s Pollution Liability insurance under this Contract

If box is checked, Contractor is permitted to purchase a combined Pollution & Professional Services Liability policy with the total limit stated in Paragraph 7. (Contractor’s Professional Liability).

6. Additional Insureds: In addition to Owner and Engineer, include as additional insureds the following:

a. Owner: City of Edgewater

b. Engineer: Kimley-Horn & Associates

7. Contractor’s Professional Liability:

Each Claim $ Per ITB Document

Annual Aggregate $

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SC-6.05 Property Insurance

SC-6.05.A.1 Add the following new subparagraph after subparagraph 6.05.A.1:

a. In addition to Owner, Contractor, and all Subcontractors, include as insureds the following:

1) Owner: City of Edgewater

2) Engineer: ________________

ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES

SC-7.02 Supervision and Superintendence

SC-7.02 Add the following sub-paragraphs immediately after paragraph 7.02 B of the Standard General Conditions which are to read as follow:

C. The Owner reserves the right to review and approve the resident superintendent.

SC-7.03 Labor; Working Hours

SC-7.03.C. Add the following new subparagraphs immediately after Paragraph 7.03.C:

1. Regular working hours will be 7:00 AM to 5:00 PM

2. Owner's legal holidays are the dates where the following are observed in any given year:

a. New Year’s Day

b. Martin Luther King, Jr. Day

c. President’s Day

d. Memorial Day

e. Independence Day

f. Labor Day

g. Thanksgiving Day

h. Friday after Thanksgiving Day

i. Christmas Eve

j. Christmas Day

k. New Year’s Eve

SC-7.03.C. Add the following new paragraphs after Paragraph 7.02.C:

D. Maintenance work may be performed during hours other than regular working hours provided that such maintenance work does not create or result in a nuisance to nearby residents.

E. Requests to Work during other regular working hours must be submitted to the Owner at least seventy-two (72) hours in advance of the period proposed for such irregular working hours and shall set forth the proposed schedule for such hours to give the Owner ample time to arrange for its personnel to be at the site of the Work.

F. The Owner will pay for charges of Engineer and construction observation performed during regular working hours. The Contractor shall pay for additional engineering and construction observations charges required during irregular hours which…