HomeMy WebLinkAboutSkate Park Rebuildarc or
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Addendum No. 1
Skate Park Rebuild
Bid opening January 28, 2015 at 2:00 PM
January 8, 2015
CITY OF SEBASTIAN
ADDENDUM NO. 1
The following is Addendum No 1 for the skate park rebuild bid document.
1. Can the skate park rebuild be pour -in-place concrete. Response — Yes. the City will accept
other types of skate ramp construction such as pour -in-place concrete.
This being the only question received prior to the deadline it is the only item which will be part of the
addendum. This addendum now becomes part of the submittal package and must be signed and
returned with your sealed bid.
Please specify on your proposal sheet whether you are bidding pour -in-place concrete or the original
modular items. Thank you
Contractor Date
CITY OF
SEBASTIAN
HOME OF PELICAN ISLAND
Bid 14-17
BID DOCUMENTS
CITY OF SEBASTIAN
SKATE PARK RAMPS
RECONSTRUCTION
For:
CITY OF SEBASTIAN
1225 MAIN STREET
SEBASTIAN, FLORIDA — 32958
December 2014
NOTICE OF INVITATION TO BID
BID ENVELOPES ARE TO BE MARKED AS FOLLOWS:
CITY OF SEBASTIAN SKATE PARK RAMPS RECONSTRUCTION
BID OPENING: January 28, 2015, beginning at 2:00 PM
The City of Sebastian is seeking bids from licensed contractors to "PROVIDE RECONSTRUCTION
FOR THE CITY OF SEBASTIAN SKATE PARK RAMPS" in the City of Sebastian.
The Contractor shall be able to be properly licensed in the City of Sebastian and shall provide proof of
insurance to conduct its business, with all licenses, permits, & certificates as may be required by all local,
State of Florida, and Federal Agencies. The Contractor shall submit a current License from the State of
Florida must be capable of obtaining the appropriate licenses and certificates to perform the project in the
City of Sebastian.
Contractors interested in submitting a bid may email Ms. Jean Tarbell at itarbell &,cityofsebastian.org to
receive a bid package containing instructions for bidders, plans and specifications from the City
Manager's office located at City Hall on the second floor at 1225 Main Street, Sebastian, Florida 32958.
All items bid shall conform to the Bid Documents unless specifically approved in advance in writing by
the City.
This project calls for a Bid and Performance Bonds in an amount not less than 5% of the base bid
amount as well as performance and payment bonds on any resulting contract. Any person or affiliate who
has been placed on the convicted vendor list following conviction for a public entity crime may not
submit a bid as proscribed by Section 287.133, F.S. Any bids received without the signed Bid Proposal,
Proof of Contractor's License, Public Entity Crime Form, the Drug Free Workplace Form and
Construction Service Agreement will be considered incomplete and bid will be disqualified.
Questions concerning this bid should be directed to Frank Watanabe, City Engineer for this project in
writing by email: fwatanabe(a,cityofsebastian.ore by January 7, 2015.
Bids duly submitted will be publicly opened and read aloud at the date and time specified above in City
Hall. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed
to be in the best interest of the City, and to waive any non -substantial irregularities.
BY: City of Sebastian
Joe Griffin, City Manager
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TABLE OF CONTENTS
I. Notice of Invitation to Bid ............................
2. Table of Contents .........................................
3. Instructions for Bidders ................................
4. Bid Proposal Price Form ..............................
5. Drug Free Work Place Form ........................
6. Public Entity Crime Form ............................
7. Bidder Qualification Questionnaire ..............
8. Bid Bond .......................................................
9. Construction Services Agreement ................
10. Technical Specifications ..............................
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CITY OF SEBASTIAN
INSTRUCTIONS FOR BIDDERS
1. PRE-BID CONFERENCE (Not Required)
A mandatory pre-bid conference shall be held at the City of Sebastian City Hall, 1225 Main Street,
Sebastian, Florida 32958 at the time and date specified in the Notice of Invitation to Bid. All
prospective bidders are required to attend this conference. Questions concerning the project or bid
requirements may be addressed at this time.
2. REOUIRED COPIES
Two (2) sets of bids shall be submitted on the Bid Proposal Price Form provided, including any other
forts, proofs, and documents as required.
3. SEALED BIDS
Bids shall be enclosed in a sealed envelope which shall show (lower left comer) the name of the Bid,
and the date and time of opening. The envelope shall also show the name and address of the Bidder.
The Bid shall be submitted as stipulated in the Notice of Invitation to Bid.
4. BIDS NOT CONSIDERED
Bids not considered are Late Bids, telegraphed, emailed or faxed Bids and bids which do not conform
to the instructions contained in the Notice of Invitation to Bid. Bids may be withdrawn by fax or
telegraph provided that such notices are received prior to the date and time specified in the Invitation.
5. BID OPENING
Bidders are welcome to attend the bid opening; however, attendance is not mandatory. Opening of the
Bids will commence at the date and time specified in the Notice of Invitation to Bid, and publicly
read aloud, providing one or more Bidders are in attendance. The Purchasing Agent or his designee
shall be present at all Bid openings.
6. BID EXAMINATION
Bid files may be examined during normal working hours, ten (10) days after bid opening, by
appointment only, by contacting the City Clerk's office at 772-589-5330.
7. REQUIRED INFORMATION
Bidders shall follow all instructions and provide all information requested on the Bid Proposal Price
Form. Bidders wishing to qualify all or any portion of the bid shall provide a hand printed or typed
explanation on the bid or separate attachment to be submitted with the bid.
8. BIDDER QUALIFICATION QUESTIONNAIRE
Bidders shall include the completed Bidder Qualification Questionnaire with the submitted bid
proposal. The submitted Bidder Qualification Questionnaire will be reviewed by the City, if the
bidder is the lowest bidder for this project.
9. ACCEPTABLE BIDS
Bid proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed
by the Bidder in ink.
10. NEW EQUIPMENT AND MATERIALS
Prices shown on the bids shall be prices for new equipment and materials, and the successful bidder
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shall warrant same for a period of not less than one (1) year from the installation date, or as otherwise
stated.
11. SALES TAX
Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or
Vendors doing business with the City are not exempted from paying said taxes to their supplier for
goods or services purchased to fulfill the contractual obligations with the City, nor shall any
Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such
materials.
12. CONFLICT OF INTEREST
Contract Award is subject to provisions of State Statutes and City Ordinances. All Bidders must
disclose with their bid the name of any officer, director, or agent who is also an employee of the City
of Sebastian; further, all Bidders must disclose the name of any City employee who owns, directly or
indirectly, an interest of ten percent (10%) or more in the Bidder's firm or any of its branches.
Should the successful Bidder permanently or temporarily hire any City employee who is, or has been,
directly involved with the Bidder prior to or during performance of the resulting contract, the
Agreement shall be subject to immediate termination by the City.
13. LICENSING. CERTIFICATION, AND/OR REGISTRATION
Contractors must show their current occupational license, as well as any licenses required by Chapter
489, F.S., Section 62C-20 (F.A.C.), and/or by the US EPA, FL DEP or the FL Department of
Agriculture and Community Affairs. All licenses shall be up to date.
Contractors must show their current Contractors license. Prior to start of work, if the Bidder is a State
Certified General Contractor, the Bidder must be registered with the City of Sebastian; if the Bidder is
a State Registered General Contractor, then the Bidder must hold a Competency Card with the City.
In any event, the Contractor shall contact Linda Lohsl, the Administrative Assistant at the Building
Department 772-589-5537 and insure compliance with all City ordinances, rules and regulations,
including Building Permits if required. Lack of knowledge by the Bidder shall in no way be a cause
for relief from responsibility. Failure to comply with the above may result in the rejection of the Bid.
Two (2) copies of any license or certification as required shall be submitted with the bidding
documents.
A certificate or letter showing compliance with the City's Contract Licensing requirements must be
obtained from the City's Building Department, and is required on this project prior to execution of a
contract, and shall be submitted to the Purchasing & Contract Administrator with any
payment/performance bonds which may be required. In essence, this authorizes you to perform work
in the City of Sebastian. Any Sub-Contractor(s) must also be certified.
14. CORRECTIONS. CANCELLATION, & WITHDRAWAL
A. Bidders may be asked to provide further information after bid opening to determine the
responsibility of the vendor.
B. Waiver of Technicality: Information shall not be considered after the bid opening if it has been
specifically requested to be provided with the bid and becomes a matter of responsiveness. The
bid shall be considered responsive if it substantially conforms to the requirements of the
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Invitation to Bid. The City may waive any informality, technicality, or irregularity on any bid.
A minor or non -substantive lack of conformity may be considered a technicality or irregularity
which may be waived by the City.
C. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be
corrected. In cases of errors in mathematical computations, the unit prices shall not be changed.
D. Cancellation or Postponement: The Purchasing & Contract Administrator may cancel or
postpone the bid opening or cancel the Invitation to Bid in its entirety.
E. Withdrawal: Prior to any published bid opening date and time, a bidder may withdraw his or
her bid in writing. A fax is permitted for this purpose, provided a confirming telephone call is
made.
Amendments: Prior to any published bid opening date and time, a bidder may amend the
bid provided that it is in writing, in a sealed envelope, and identified.
15. AVAILABILITY OF FUNDS
The obligations of the City of Sebastian under this award are subject to the availability of funds
lawfully appropriated for its purpose by the City Council of the City of Sebastian.
16. PUBLIC ENTITY CRIMES
Any person or firm submitting a bid in response to this invitation must execute the attached
SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, PUBLIC
ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said
bid.
17. DRUG-FREE WORKPLACE
The Drug -Free Workplace form, as attached hereto, shall be submitted with the bidding
documents.
18. BID GUARANTEE
The Bidder warrants that the unit prices, terms, and conditions quoted in the bid will be firm for
acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices
will remain furan for the period of performance of resulting purchase orders or contracts which are
to be performed.
19. BIDBOND (ONLY IF CALLED FOR IN THE NOTICE OF INVITATION TO BID)
A Bid Bond equal to five percent (5%) of the bid amount shall be required on this project, and
must be submitted along with two (2) copies of the Bid, failure to do so will automatically
disqualify the Bid. Unsuccessful bidders shall be entitled to a return of surety after final award of
bid. A successful bidder shall forfeit the amount of its security upon failure on his part to execute
an agreement within ten (10) days after receipt of a proposed agreement from the City unless the
time for executing the agreement is extended by the City.
20. PAYMENT AND PERFORMANCE BONDS (ONLY IF CALLED FOR IN THE NOTICE
OF INVITATION TO BID)
A Payment and Performance Bond equal to one hundred percent (1001/o) of the Agreement price
shall be required on this project, and shall be provided by the successful bidder at the stipulated
time of the execution of the agreement, failure to do so shall cause said bidder to be in default and
forfeit his Bid Bond in its entirety. (Sample Forms are provided for information purposes.)
Find
NOTE: BID BOND AND PAYMENT AND PERFORMANCE BOND REQUIREMENTS:
The bond(s) shall be provided by a surety company authorized to do business in the State of
Florida, and approved by the City. In lieu of a bond(s) the contractor may furnish as security in
favor of the City a certified check, a cashier check or an irrevocable letter of credit.
The check or letter of credit shall be drawn on or issued by a bank authorized to do business in
the State of Florida. The form of the check or letter of credit must be approved by the City.
Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated copy of
their Power - of Attorney. Surety companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended), and be authorized to transact business
in the State of Florida.
21. LIQUIDATED DAMAGES
The City shall be entitled to liquidated damages in the amount of one hundred Dollars
($100.00) per day for every day that the Contractor is late in completing the work
requirements for each Phase as stipulated in the agreement, and bidding documents. Said
damages shall be deducted by the City from monies due Contractor.
22. INSURANCE
All bidders shall submit evidence of insurance as follows; Auto Liability, Workers
Compensation, and General Liability. Cost for all insurance shall be born by the bidder. All
insurance shall be acceptable to the City in its sole discretion.
23. BID AWARD
The contract/agreement will be awarded to the lowest responsive and/or responsible Bidder
whose bid, conforming to the specifications and Instructions for Bidders will be most
advantageous to the City in consideration of price, time of performance, and other factors as
determined by the City. The Purchasing Agent shall issue a notice of award, if any, to successful
bidders.
24. REJECTION OF BIDS
The City reserves the right to reject any and all Bids, to waive any and all informalities not
involving price, time, or changes in the work, and to negotiate contract terms with the successful
Bidder, and the right to disregard all non -conforming, non-responsive, imbalanced, or conditional
Bids. More than one Bid from an individual, firm or association under same or different names,
will not be considered. Any or all Bids will be rejected if there is reason to believe that collusion
exists among the Bidders, and no participants in such collusion will be considered in future
proposals for the same work.
25. REFERENCES
A list of References is required, but is not required to be submitted with the Bid proposal.
However, a list of References must be provided to the City, prior to any Contract Award.
26. LIST OF SUB -CONTRACTORS
A list of Sub -Contractors is required, but is not required to be submitted with the Bid proposal.
However, all Sub -Contractors must be approved by the City, prior to any Contract Award.
27. CO-OPERATIVE PURCHASING
It is the intent of the Notice of Invitation to Bid to secure goods or services to be used by the City
of Sebastian. However, by virtue of bidding, the Bidder accepts the right of other Government
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Entities to "piggyback" purchase from this proposal by mutual consent. Any such purchase shall
be separate and apart from the City of Sebastian, and said City assumes no liability for such
action.
The Bidder/Contractor shall not practice or condone personnel or supplier discrimination of any
nature whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations.
29. PURCHASING CARD PROGRAM
The City of Sebastian has implemented a purchasing card program through Bank of America,
using the Visa network. Vendors may receive payment through the purchasing card program for
goods and services provided to the City in the same manner as other Visa purchases.
Accordingly, Vendors that wish to accept payments in this manner must indicate that they have
the ability to accept Visa or that they will take whatever steps are necessary to accept Visa before
the start of the contract. The City of Sebastian reserves the right to revise and/or cancel this
program at any time, and assumes no liability for such action.
30. PUBLIC RECORDS
Florida law provides that municipal records shall at all times be open for personal inspection by
any person. Section 119.01 F.S., The Public Records Law. Information and materials received by
the City in connection with all Bidder's responses shall be deemed to be public records subject to
public inspection upon award, recommendation for award, or 10 days after the bid opening,
whichever occurs first. However, certain exemptions to the public records law are statutorily
provided for in Section 119.07, F.S. Therefore, if the Bidder believes any of the information
contained in his or her response is exempt from the Public Records Law, then the Bidder must in
his or her response specifically identify the material which is deemed to be exempt and cite the
legal authority for the exemption, otherwise, the City will treat all materials received as public
records.
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"CITY OF SEBASTIAN SKATE PARK RAMPS RECONSTRUCTION"
Bid Due: No Later Than 2:00 P.M. on January 28, 2015
Bid Openine: Beginning at 2:00 P.M. on January 28, 2015
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated
herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything
required to be performed in strict conformity with the requirements of these documents, meeting or
exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are)
inclusive of any Addenda which may have been issued prior to this submittal.
By the signature below, the Vendor agrees that this Bid Proposal is made without any other
understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the
same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work
under this bid proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive
calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein
with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days
following bid opening date.
The City shall be entitled to liquidated damages in the amount of one hundred Dollars ($100.00) per
day for every day that the Contractor is late in completing the work as stipulated in the agreement,
and bidding documents. Said damages shall be deducted by the City from monies due Contractor.
The contract time is 90 consecutive calendar days from start of work date.
The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian.
BID ITEMS — GENERAL Units COST
1. Removal of existing ramps/hauling LS
2. Repairs to existing concrete slab LS
3. Install new ramps (per manufacturer) LS
Total Bid
Name of Firm (Please Type or Print):
Finn's Address:
Telephone Number(s): Fax Number(s): Email Address (es):
Name and Title of Authorized Representative (Please Type or Print)
ignature ot Authorizedepresentauve Date Signed
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DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that does:
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug free workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be imposed upon employees for
drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of
working on the commodities or contractual services that the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
Date:
As the person authorized to sign this statement, I certify that this firm complies fully with
the above requirements.
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Signature
PUBLIC ENTITY CRIMES FORM
Any person submitting a quote, bid, or proposal in response to this invitation or
Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the
space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote,
bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment
from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are
executed by them and are included with your quote, bid, or proposal. Corrections to the form
will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete
this form in every detail and submit it with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133,
Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the
Florida Department of General Services to maintain and make available to other political entities
a "convicted vendor" list consisting of persons and affiliates who are disqualified from public
and purchasing process because they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or
Federal law by a person with respect to and directly related to the transaction of business with
any public entity in Florida or with an agency or political subdivision of any other state or with
the United States, including, but not limited to, any bid or Agreement for goods or services to be
provided to any public entity or with an agency or political subdivision and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
By law no public entity shall accept any bid from, award any Agreement to, or transact
any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two (currently $10,000) with any person or affiliate on the convicted vendor list for a
period of 36 months from the date that person or affiliate was placed on the convicted vendor list
unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f),
Florida Statutes.
Therefore, effective October 1, 1990, prior to entering into an Agreement (formal
Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or
services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the
Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or
affidavit will be the form to be utilized and must be properly signed in the presence of a notary
public or other officer authorized to administer oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-
INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR
QUOTE OR BID.
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
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THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Agreement No.
THE CITY OF SEBASTIAN.
for
2. This sworn statement is submitted by
(name of entity submitting sworn statement) whose business address is
and (if applicable) its Federal Employer Identification
(FEIN) is (If the entity has no FEIN, include the Social
Security Number of the individual signing this sworn statement:
3. My name is
signing)
and my
relationship
to
the
_ (please print name of individual
entity named above is
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United States, including, but not limited to, any bid or Agreement for
goods or services to be provided to any public entity or an agency or political subdivision of any
other state or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of
a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime; or
(2) An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or a
pooling of equipment or income among persons when not for fair market value under an arm's
length agreement, shall be a prima facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for
the provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
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Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in management of the
entity, nor any affiliate of the entity have been charged with and convicted of a public entity
crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members or agents who are active in management
of the entity, or an affiliate of the entity has been charged with and convicted of a public entity
crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of the
State of Florida, Division of Administrative Hearings. The final order entered by the hearing
officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of
the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative
Hearings. The final order entered by the hearing officer determined that it was in the public
interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of
the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please describe
any action taken by or pending with the Department of General Services.)
Date:
STATE OF FLORIDA
COUNTY OF
(Signature)
The foregoing instrument was acknowledged before me this day of , 2015 by
(title) on behalf of
(name of partnership), a partnership. He/she is personally known to me or has
produced as identification and did ( ) did not ( ) take an oath.
Name:
My Commission Expires:
Commission
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BIDDER QUALIFICATION QUESTIONNAIRE
(This form is not required to be included in the bid proposal submittal. However, prior to any Contract Award, such Bidder
Qualification Questionnaire must be completed and submitted by the Bidder, and reviewed and approved by the City.)
Submitted by
Name
General Contractor's License #
( ) An Individual
( ) A Partnership
( ) A Corporation
Federal Identification
Principal Office Address:
(1) How many years has your organization been in business as a contractor under your present name?
(2) How many years experience in road and utility construction work has your organization had as a
contractor?
As a Subcontractor?
(3) List below the requested information concerning projects your organization has completed in the last five
(5) years for the type of work required in this project. (Use additional sheets if necessary). Include the
type of work similar to the work included in this contract if possible.
Project Contract Required Actual Name/Address/Tel
Title AmountComoletion Date Completion Date of Owner
(4) Have you ever failed to complete any work awarded to you? If so, where and why?
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(5) Has any officer or partner of your organization ever been an officer or partner of some other organization
that failed to complete a construction contract? If so, state name of individual, name of other organization,
and reason therefore.
(6) Has any officer or partner of your organization ever failed to complete any construction contract handled in
his own name? If so, state name of individual, name of owner and reason therefore.
(7) Give below any information which would indicate the size and capacity of your organization, including
number of employees, equipment owned by your organization, etc., which are available for utilization on
this Contract.
(8) What is your bonding capacity?
(9) What amount of your bonding capacity has been used as of the date of this bid?
(10) How many applications for performance and payment bonds have you made in the last three (3) years?
(11) How many of these applications were not
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(12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the
nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers
of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.)
(13) Have your company been in disputes or litigations in the last five (5) years over construction projects which
are completed or still pending for completion? If so, describe the nature of the disputes or litigations and
state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets
if necessary.)
I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of
the date hereinafter set forth, and that those examining this document have my permission to
contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in
this questionnaire shall be grounds for a determination of nonresponsibility with respect to such
contractor.
(SIGNATURE OF BIDDER)
(TYPE OR PRINT COMPANY NAME)
(TYPE OR PRINT ADDRESS)
A-16
STATE OF FLORIDA)
COUNTY OF INDIAN RIVER)
CITY OF SEBASTIAN)
BID BOND
KNOWN ALL MEN BY THESE PRESENTS, that
As Principal, and
firmly bound unto the City of Sebastian, in the penal sum of
as Surety, are held and
(Dollars) $ , lawful money of the
United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the
accompanying bid dated , for:
NOW THEREFORE,
(a) The Principal shall not withdraw said bid within ninety (90) days after date of opening the same and shall
within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract
with the City, in accordance with the proposal as accepted, and give bond with good and sufficient surety of sureties,
as required, for the faithful performance and proper fulfillment of such contract; and,
(b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such
contract and give bond within the time specified, if the principal shall pay the City the difference between the
amount specified in said bid and the amount for which the city may procure the required work and supplies, if the
latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to
remain in full force and virtue.
IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their several
seals, this _ day of _
The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative. Pursuant to authority of its governing body.
WITNESS:
If Sole Ownership or Partner ship, one
(1) Witness is required. If Corporation,
Secretary only will attest & affix seal.)
PRINCIPAL:
Name of Firm
Affix Seal
(Signature of Authorized Officer)
(Business Address)
(City) (State) (Zip)
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SURETY:
(Corporate Surety)
Affix Seal
Surety Secretary (Signature of Authorized Officer)
(Title)
(Business Address)
(City) (State) (zip)
(Name of Local Insurance Agency)
(Address)
The rate of premium of this bond is
per thousand.
Total amount of premium charges _
(The above must be filled in by Corporate Surety.)
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the
Corporation named as Principal in the within bond, that
who signed the said bond on behalf of
the principal, was then
of said corporation; that 1 know his signature,
and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and on behalf of said
corporation of its governing body.
(Corporate Seal)
State of Florida
County of Indian River
City of Sebastian
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared;
to me well known, who being by me first duly swom
upon oath, says that he is the attorney in fact for the , and that he
has been authorized by Contractor named therein favor of the City of Sebastian, Florida.
Subscribed and swom to before me this day of ,
Notary Public
My Commission Expires
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CONSTRUCTION SERVICES AGREEMENT
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
2.0 AGREEMENT DOCUMENTS.
2.1
INTENT
2.2
ENTIRE AND SOLE AGREEMENT
2.3
AMENDMENTS
2.4
CONSTRUING TERMS
2.5
GOVERNING LAW AND WAIVER OF TRIAL BY JURY
2.6
TERM
3.0 DEFINITION OF TERMS
3.1
GENERAL
3.2
ACT OF GOD
3.3
ADDENDUM
3.4
AGREEMENT
3.5
A.S.T.M. DESIGNATION
3.6
BID
3.7
BID BOND or PROPOSAL GUARANTEE:
3.8
BIDDER
3.9
CHANGE ORDER
3.10
CONTRACT ADDENDUM
3.11
CONTRACTOR
3.12
DIRECTED, ORDERED, APPROVED & ETC.
3.13
ENGINEER
3.14
GENERAL CONDITIONS
3.15
INSPECTOR
3.16
LABORATORY
3.17
OWNER
3.18
PERFORMANCE AND PAYMENT BONDS:
3.19
PLANS
3.20
PROPOSAL
3.21
SPECIAL CONDITIONS
3.22
SPECIFICATIONS
3.23
SUBCONTRACTOR
3.24
SUPPLEMENTAL AGREEMENT
3.25
SURETY
3.26
WORK
3.27
WORK ORDER
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ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1
INTENT OF PLANS AND SPECIFICATIONS
4.2
CONFLICT
4.3
DISCREPANCIES IN PLANS
4.4
DRAWINGS AND SPECIFICATIONS AT JOB SITE
4.5
DIMENSIONS
4.6
SAMPLING AND TESTING
4.7
SHOP DRAWINGS
4.8
QUALITY OF EQUIPMENT AND MATERIALS
4.9
EQUIPMENT APPROVAL DATA
4.10
SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL
5.0 MATERIALS AND WORKMANSHIP
5.1
MATERIALS FURNISHED BY THE CONTRACTOR
5.2
STORAGE OF MATERIALS
5.3
REJECTED WORK AND MATERIAL
5.4
MANUFACTURER'S DIRECTION
5.5
SKILL AND CHARACTER OF WORKMEN
5.6
CUTTING AND PATCHING
5.7
CLEANING UP
5.8
CITY'S OWNERSHIP OF MATERIALS
5.9
GUARANTEE
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
6.2 CONTROL POINTS FURNISHED BY THE CITY
6.3 FURNISHING OF STAKE MATERIALS
6.4 LAYOUT OF WORK
6.5 SPECIFIC STAKING REQUIREMENTS
6.6 PAYMENT
6.7 COORDINATION WITH CITY
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATIONS
7.2 START OF CONSTRUCTION
7.3 CONTRACT TIME
7.4 SCHEDULE OF COMPLETION
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
7.6 PROPERTY OF OTHERS
A. Public Ownership
B. Private Ownership
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
7.8 CROSSING PUBLIC FACILITIES
7.9 CHANGES IN THE WORK
7.10 EXTENSION OF CONTRACT TIME
7.11 CORRECTION OF WORK
7.12 LIQUIDATED DAMAGES
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8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
A. Safety Precautions and Programs
B. Safety of Persons and Property
8.2 TRAFFIC CONTROL
8.3 ROAD CLOSURE AND DETOURS
8.4 PROVISION OF ACCESS
8.5 WARNING SIGNS AND BARRICADES
8.6 OPEN TRENCHES
8.7 PLACEMENT OF HEAVY EQUIPMENT
8.8 TEMPORARY FACILITIES AND CONTROLS
8.9 SANITARY PROVISION
8.10 WATER SUPPLY
8.11 NOISE CONTROL
8.12 DUST CONTROL
8.13 WATER CONTROL
8.14 POLLUTION, SILTATION AND EROSION CONTROL
ARTICLE III - Supervision and Administration
9.0 ENGINEER, CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
9.2 ENGINEER'S DECISION
9.3 SUSPENSION OF WORK
9.4 CONSTRUCTION REVIEW OF WORK
9.5 FIELD TESTS AND PRELIMINARY OPERATION
9.6 EXAMINATION OF COMPLETED WORK
9.7 CONTRACTOR'S SUPERINTENDENT
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
9.10 RIGHTS OF VARIOUS INTERESTS
9.11 SEPARATE CONTRACTS
9.12 SUBCONTRACTS AND PURCHASE ORDERS
9.13 WORK DURING AN EMERGENCY
9.14 ORAL AGREEMENTS
9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK
9.16 UNAUTHORIZED WORK
9.17 USE OF COMPLETED PORTIONS OF THE WORK
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
10.2 REQUEST FOR PAYMENT
10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT
10.5 PAYMENT FOR UNCORRECTED WORK
10.6 PAYMENT FOR REJECTED WORK AND MATERIALS
10.7 CHANGES IN THE WORK
A. Change Orders
A-1/
B. Claims
10.8 CANCELED ITEMS OF WORK
10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
10.10 PAYMENT FOR WORK BY THE CITY
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION
A. Termination by City for Cause
B. Termination by City Without Cause
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
10.14 ACCEPTANCE AND FINAL PAYMENT
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1
COVENANT AGAINST CONTINGENT FEES
11.2
INTEREST OF MEMBERS OF CITY AND OTHERS
11.3
CERTIFICATION OF RESTRICTIONS ON LOBBYING
11.4
INTEREST OF CONTRACTOR
11.5
PUBLIC ENTITY CRIMES
11.6
DRUG-FREE WORKPLACE
11.7
COMPLIANCE WITH LAWS
11.8
INSURANCE
11.9
BOND
11.10
PERMITS
11.11
LAWS TO BE OBSERVED
12.0 MISCELLANEOUS
12.1
ADDRESSES FOR NOTICES
12.2
WRITTEN NOTICE
12.3
TAXES
12.4
TIME IS OF VITAL IMPORTANCE
12.5
NO WAIVER OF LEGAL RIGHTS
12.6
RIGHT TO WORK PRODUCT
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CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this day of , 2015, by and between the CITY OF
SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian,
Florida, 32958, and ("City") and ("Contractor.") authorized to do business in the State of
Florida.
WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique
competence and experience in providing construction services necessary to
complete the Project hereunder; and,
WHEREAS, the Contractor represents that it has such competence and experience in providing
these services; and,
WHEREAS, the City in reliance on such representation has selected the Contractor in
accordance with its procedure for selection of Contractor; and,
WHEREAS, the City and the Contractor desire to reduce to writing their understanding and
agreements on such professional services.
IT IS, THEREFORE, AGREED as follows:
ARTICLE I - The Contractual Relationship
1.0 EMPLOYMENT OF CONTRACTOR
The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to
perform professional services for the City in accordance with this Agreement to PROVIDE
RECONSTRUCTION FOR THE CITY OF SEBASTIAN SKATE PARK RAMPS (SEE
ATTACHED PLANS). This Agreement is not an exclusive agreement and the City may employ
other contractors, professional or technical personnel to famish services for the City as the City in
its sole discretion finds is in the public interest.
The Agreement shall not be construed to create a contractual relationship of any kind between the
City and the Subcontractor(s), or, between any person or firm other than the City and Contractor.
The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion
thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to
become due under this Contract.
2.0 AGREEMENT DOCUMENTS
The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement,
Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal,
Bond Forms, Bid Schematic, Specifications and Scope of Work, Work Orders, Change Orders,
Addenda if any, any other documents listed in the Agreement Documents, and written
modifications issued after execution of this Agreement, if any.
A-23
2.1 INTENT
The Specifications are an integrated part of the Contract Documents and as such will not stand
alone if used independently. The Specifications establish minimum standards of quality for this
Project. They do not purport to cover all details entering into the design and construction of
materials or equipment. The intent of the Agreement Documents is to set forth requirements of
performance, type of equipment and structures, and standards of materials and construction. It is
also intended to include all labor and materials, equipment, and transportation necessary for the
proper execution of the Work, to require new material and equipment unless otherwise indicated,
and to require complete performance of the Work in spite of omission of specific reference to any
minor component part and to include all items necessary for the proper execution and completion
of the Work by the Contractor. Performance by the Contractor shall be required only to the extent
consistent with the Agreement Documents and reasonably inferable from them as being necessary
to produce the intended results.
2.2 ENTIRE AND SOLE AGREEMENT
Except as specifically stated herein, the Agreement Documents constitute the entire agreement
between the parties and supersede all other agreements, representations, warranties, statements,
promises, and understandings not specifically set forth in the Agreement Documents. Neither
party has in any way relied, nor shall in any way rely, upon any oral or written agreements,
representations, warranties, statements, promises or understandings not specifically set forth in
the Agreement Documents.
2.3 AMENDMENTS
The parties may modify this Agreement at any time by written agreement. Neither the Agreement
Documents nor any term thereof may be changed, waived, discharged or terminated orally, except
by an instrument in writing signed by the party against which enforcement of the change, waiver,
discharge or termination is sought.
2.4 CONSTRUING TERMS
This Agreement shall not be construed against the party who drafted the same, as both parties
have obtained experts of their choosing to review the legal and business adequacy of the same.
2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY
This Agreement shall be governed by the laws of the State of Florida, and any venue for any
action pursuant to the Agreement Documents shall be in Indian River County, Florida. The
parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any
dispute arising hereunder.
2.6 TERM
This Agreement shall commence on the day it is executed by both parties and the term of the
Agreement shall extend until the Project is complete unless terminated in accordance with the
terms hereunder.
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3.0 DEFINITION OF TERMS
3.1 GENERAL
Whenever the following terms appear in these Agreement Documents, their intent and meaning
shall, unless specifically stated otherwise, be interpreted as shown.
3.2 ACT OF GOD
The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event),
tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon
(including tropical waves and depressions) of normal intensity for the locality shall not be
construed as an Act of God.
3.3 ADDENDUM (re: bid documents)
A modification of the plans or other contract documents issued by the Owner and distributed to
prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the
Contract Documents.
3.4 AGREEMENT
A written agreement between the Contractor and Owner defrdng in detail the work to be
performed. The words Agreement and Contract are one and the same.
3.5 A.S.T.M. DESIGNATION
Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring
to the American Society for Testing Materials. When reference is made to a certain Designated
Number of a specification or test as set out or given by the American Society for Testing
Materials, it shall be understood to mean the current, up-to-date standard specification or tentative
specification for that particular process, material or test as currently published by that group.
3.6 BID
The bid or proposal is the written offer of a Bidder to perform work described by the contract
documents when made out and submitted on the prescribed proposal form properly sealed and
guaranteed. The bid or proposal shall be considered as part of the Contract Documents.
3.7 BID BOND or PROPOSAL GUARANTEE
Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in
the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the
City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State
of Florida.
3.8 BIDDER
An individual, partnership, or corporation submitting a proposal for the work contemplated;
acting directly or through a duly authorized representative.
A-25
3.9 CHANGE ORDER
A written order issued to the Contractor by the City covering changes in the plans, specifications,
or scope of work when the amount of work changed is not deemed sufficient to require a
supplemental agreement, and/or to cover adjustments in the Contract Price or Contract Time.
3.10 CONTRACT ADDENDUM
A special written provision modifying or clarifying the terms and conditions of the Contract. The
Contract Addendum shall be considered as part of the contract documents.
3.11 CONTRACTOR
The word "Contractor" shall mean an individual, partnership, or corporation, and its heirs,
executors, administrators, successors and assigns, or the lawful agent of any such individual, firm,
partnership, covenant or corporation, or its surety under any contract bond, constituting one of
the principals to the Contract and undertaking to perform the work herein.
3.12 DIRECTED, ORDERED. APPROVED & ETC.
Wherever in the Agreement Document the words "directed", 'ordered", "approved", "permitted",
"acceptable", or words of similar import are used, it shall be understood that the direction, order,
approval or acceptance of the Owner is intended unless otherwise stated.
3.13 ENGINEER
A Professional Engineer duly licensed and registered in the State of Florida and designated by the
City as the Engineer -of -Record. The City may designate a staff member as Engineer who is not
licensed.
3.14 GENERAL CONDITIONS
The directions, provisions and requirements contained within the Agreement Documents, all
describing the general manner of performing the Work including detailed technical requirements
relative to labor, material equipment, and methods by which the Work is to be performed and
prescribing the relationship between the City and the Contractor.
3.15 INSPECTOR
A duly authorized representative of the City assigned to make official inspections of the materials
furnished and of the work performed by the Contractor.
kAreeA\_Zi0TAU- 600
Any licensed and qualified independent laboratory designated by, or acceptable to the City to
perform necessary testing of materials for this project. All testing will be the responsibility of the
contractor to hire a licensed testing firm to conduct any testing which is included in the price of
various bid items.
3.17 OWNER
City of Sebastian
A-16
Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on
sample forms herein, for Performance and Payment, no performance or payment bonds for this
project.
3.19 PLANS
The official approved engineering plans, including reproduction thereof, showing the location,
character, dimensions and details of the work to be done. All shop drawings submitted by the
Contractor shall be considered as part of the contract documents.
3.20 PROPOSAL
The proposal or bid is the written offer of a Bidder to perform the work described by the Contract
Documents when made out and submitted on the prescribed proposal form, properly signed and
guaranteed. The proposal or bid shall be considered as part of the contract documents.
3.21 SPECIAL CONDITIONS
Special clauses or provisions, supplemental to the Plans, Standard Specifications and other
contract documents, setting forth conditions varying from or additional to the Standard
Specifications for a specific project.
3.22 SPECIFICATIONS
The directions, provisions, and requirements together with all written agreements made or to be
made, setting forth or relating to the method and manner of performing the Work, or to the
quantities and qualities of materials, labor and equipment to be furnished under the Agreement.
3.23 SUBCONTRACTOR
An individual, partnership or corporation supplying labor, equipment or materials under a direct
contract with the contractor for work on the project site. Included is the one who supplies
materials fabricated or formulated to a special design according to the plans and specifications for
the particular project.
3.24 SUPPLEMENTAL AGREEMENT
A written understanding, or proposal and acceptance, executed between the City and the
Contractor subsequent to execution of the Agreement herein with the written consent of the
Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering
the terms thereof. A modification to the Agreement shall be made by Contract Addendum.
3.25 SURETY
Surety is a corporation qualified to act as surety under the laws of Florida, who executes the
Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable
performance of the contracted work and for the payment of all debts pertaining thereto.
3.26 WORK, (The) or PROJECT, (The)
The public improvement contemplated in the Plans and Specifications, and all actions necessary
to construct the same.
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3.27 WORK ORDER
Work orders are work instructions including specifications and plans that show the location,
character, dimensions and details to the work to be done. Work orders are specific instructions,
of limited scope, that will be a part of this contract. Work orders shall be considered as part of
the contract documents. Any Work Orders considered to be Change Orders of any kind shall be
in writing and address, at a minimum, any changes in the scope of work and the related impact on
Contract Price / Cost and Time / Schedule.
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ARTICLE II - Performance
4.0 PLANS, SPECIFICATIONS AND RELATED DATA
4.1 INTENT OF THE SPECIFICATIONS
The intent of the Specifications, Work Orders and other Contract Documents is that the
Contractor famishes all labor and materials, equipment, supervision and transportation necessary
for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do
all the work described in the Specifications and other Contract Documents and all incidental work
considered necessary to substantially complete the Work ready for use, occupancy, or operation
in a manner acceptable to the City.
4.2 CONFLICT
In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans,
Specifications, and other Contract Documents, the Agreement shall prevail and govern over all
except a subsequently executed Contract Addendum; in the event of an inconsistency,
discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and
govern.
4.3 DISCREPANCIES IN PLANS
Any discrepancies found between the Specifications and site conditions, or any errors or
omissions in the Specifications, shall be immediately reported to the Engineer and City. The City
Engineer shall promptly determine the validity and seriousness of the claimed condition and
correct any such error or omission in writing, or otherwise direct Contractor. Any work done by
the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the
Contractor's risk.
Any correction or errors or omissions in Specifications may be made by the City Engineer when
such correction is necessary for the proper fulfillment of their intention as construed by the City
Engineer. Where said correction of errors or omissions, except as provided in the next two (2)
paragraphs below, adds to the amount of work to be done by the Contractor, compensation for
said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below,
except where the additional work may be classed under some item of work for which a unit price
is included in the proposal.
The fact that specific mention of any part of work is omitted in the Specifications, whether
intentionally or otherwise, when the same is clearly indicated in the specifications, or is
usually and customarily required to complete fully such work as is specified herein, will not
entitle the Contractor to consideration in the matter of any claim for extra compensation,
but the said work must be installed or done the same as if called for in the Specifications.
All work indicated in the Specifications and all work and material usual and necessary to make
the Work complete in all its parts, whether or not mentioned in the Specifications, shall be
furnished and executed the same as if they were called for in the Specifications.
The Contractor will not be allowed to take advantage of any errors or omissions in the technical
provisions of the Specifications. The Engineer will provide full information when errors or
omissions are discovered.
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4.4 SPECIFICATIONS AT JOB SITE
One (1) complete set of the Specifications, Work Orders, Addenda, Change Orders, Shop
Drawings and samples shall be maintained at the job site, in good order and annotated to show all
changes made during the construction process, and shall be available to the Engineer and City at
all times. A final copy thereof, along with "as -built" record drawings, operations and maintenance
manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work.
4.5 DIMENSIONS
Dimensions and equipment description are listed on Page A-58. A schematic showing location of
each item is located on page A-62
4.6 SAMPLING AND TESTING
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods
and testing equipment, required under the Specifications shall be in accordance with the latest
standards or tenets of the American Society for Testing Materials.
The testing of samples and materials shall be made at the expense of the Contractor, except where
indicated otherwise. The Contractor shall furnish any required samples without charge. The
Contractor shall be given sufficient notification of the placing of orders for materials to permit
testing.
As an exception to the above, when the Contractor represents a material or an item of work as
meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the
Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests.
It is expected that all inspections and testing of materials and equipment will be done locally. If
the Contractor desires that inspections for tests be made outside of the local area, all expenses,
including per diem for the Engineer or Inspectors, shall be home by the Contractor.
4.7 SHOP DRAWINGS (if Required)
The Contractor shall provide shop drawings, setting schedules, and other drawings as may be
necessary for the prosecution of the Work in the shop and in the field as required by the
Specifications or Engineer's instructions. Deviations from the Specifications shall be called to the
attention of the City at the time of the first submission of shop drawings and other drawings. The
City's approval of any shop drawings shall not release the Contractor from responsibility for
errors, corrections, or conformance with the Contract. Shop drawings shall be submitted
according to the following schedule:
(a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the
materials indicated thereon are to be needed or earlier if required to prevent delay
of work or to comply with subparagraph (b).
(b) The City shall, within fourteen (14) days of the submittal of any shop drawings,
return three (3) copies to the Contractor marked with any corrections and changes
required and noting if the drawings are acceptable as noted, or if resubmittal is
required.
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(c) The Contractor shall then correct the shop drawings to conform to the corrections
and changes requested by the City and resubmit six (6) copies to the City.
(d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor
by the City.
4.8 QUALITY OF EQUIPMENT AND MATERIALS
ht order to establish standards of quality, the Specifications may refer to certain products by name
and catalog number. This procedure is not to be construed as eliminating from competition other
products of equal or better quality by other manufacturers where fully suitable in design.
The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior
to the signing of the Contract, together with such engineering and catalog data as the City may
require. Further substitutions may be submitted during the course of work in accordance with
Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below.
The Contractor shall abide by the City's judgment when proposed substitution of materials or
items or equipment are judged to be unacceptable and shall furnish the specified material or item
of equipment in such case. All proposals for substitutions shall be submitted to the City in writing
by the Contractor and not by individual trades or material suppliers. The City will advise of
approval or disapproval of proposed substitutions in writing within a reasonable time. No
substitute materials shall be used unless approved by City in writing.
4.9 EQUIPMENT APPROVAL DATA
The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item
of equipment and all components to be used in the Work, including specific performance data,
material description, rating, capacity, material gauge or thickness, brand name, catalog number
and general type.
This submission shall be compiled by the Contractor and submitted to the City for review and
written approval before any of the equipment is ordered. Each data sheet or catalog in the
submission shall be indexed according to specification section and paragraph for easy reference.
After written approval is received by the Contractor, submission shall become a part of the
Contract and may not be deviated from except upon written approval of the City.
Catalog data for equipment approved by the City does not in any case supersede the Contract
Documents. The acceptance by the City shall not relieve the Contractor from responsibility for
deviations from Plans or Specifications, unless he has called the City's attention, in writing, to
such deviations at the time of submission, nor shall it relieve him from responsibility for errors of
any sort in the items submitted. The Contractor shall check the work described by the catalog data
with the Contract Documents for deviations and errors.
It shall be the responsibility of the Contractor to insure that items to be furnished fit the space
available. He shall make necessary field measurements to ascertain space requirements, including
those for connections, and shall order such sizes and shapes of equipment that the field
installation shall suit the true intent and meaning of the Plans and Specifications.
Where equipment requiring different arrangement of connections from those shown is approved,
it shall be the responsibility of the Contractor to install the equipment to operate properly, and in
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harmony with the intent of the Plans and Specifications, and to make all changes in the Work
required by the different arrangement of connections at his own expense.
4.10 SUBSTITUTION OF EOUIPMENT AND/OR MATERIAL
After the execution of the Contract Agreement, the substitution of equipment and/or material for
that specified will be considered if:
(a) The equipment and/or materials proposed for substitution is determined by the
City to be equal or superior to that specified in the Contract;
(b) Unless determined to be of superior quality, the equipment and/or material
proposed for substitution is less expensive than that specified and that such
savings to the City, as proposed by the Contractor, are submitted with the request
for substitution. If the substitution is approved, the Contract price shall be reduced
accordingly; and
(c) The equipment and/or material proposed for substitution is readily available and
its delivery and use, if approved as a substitution, will not delay the scheduled
start and completion of the specified work for which it is intended or the
scheduled completion of the entire work to be completed under the contract.
No request will be considered unless submitted in writing to the City and approval by the City
must also be in writing. To receive consideration, requests for substitutions must be accompanied
by documentary proof of the actual difference in cost to the Contractor in the form of quotations
to the contractor covering the original equipment and/or material, and also equipment and/or
material proposed for substitution or other proof satisfactory to the City. It is the intention that the
City shall receive the full benefit of the saving in cost involved in any substitution unless the item
is substituted for one designated in the Specifications by specific manufacturer's name and type,
in which case one-third of the savings shall accrue to the benefit of the Contractor.
In all cases, the burden of proving adequate proof that the equipment and/or material offered for
substitution is equal or superior in construction and/or efficiency to that named in the Contract
shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of
equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its
sole discretion and judgment, to be equal or superior in construction and/or efficiency to that
named in the Contract will not be approved.
5.0 MATERIALS AND WORKMANSHIP
5.1 MATERIALS FURNISHED BY THE CONTRACTOR
All materials and equipment used in the Work shall meet the requirements of the respective
Specifications, and shall not be used until it has been approved in writing by the City.
Wherever the specifications call for an item of material or equipment by a manufacturer's name
and type, and additional features of the item are specifically required by the specifications, the
additional features specified shall be provided whether or not they are normally included in the
standard manufacturer's item listed.
Wherever the specifications call for an item of material or equipment by a manufacturer's name
and type, and the specified item becomes obsolete and is no longer available, the Contractor shall
provide a substitute item of equal or superior quality and performance which is acceptable to the
Engineer and City and is currently available, at no increase in Contract price.
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5.2 STORAGE OF MATERIALS
Materials and equipment shall be stored so as to incur the preservation of their quality and fitness
for the Work. When considered necessary, they shall be placed on wooden platforms or other
hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored
materials and equipment shall be located so as to facilitate prompt inspection. Private property
zoned for or adjacent to land zoned for residential uses shall not be utilized for storage purposes
without special prior arrangement.
5.3 REJECTED WORK AND MATERIAL
Any materials, equipment or work which does not satisfactorily meet the Specifications may be
condemned by the Engineer or City by giving a written notice to the Contractor. All condemned
materials, equipment or work shall be promptly taken out and replaced.
All materials and equipment which do not conform to the requirements of the Contract
Documents, are not equal or superior to samples approved by the Engineer and City, or are in any
way unsatisfactory or unsuited to the purpose, for which they are intended, shall be rejected. Any
defective work whether the result of poor workmanship, use of defective materials, damaged
through carelessness or from other cause shall be removed within ten (10) days after written
notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the
Engineer or the City may have previously overlooked such defective work shall not constitute an
acceptance of any part of it. Should the Contractor fail to remove rejected work or materials
within ten (10) days after written notice to do so, the City may remove them and may store the
materials and equipment. Satisfaction of warranty work after final payment shall be in accordance
with Paragraph 10.15.
5.4 MANUFACTURER'S DIRECTION
Manufactured articles, materials and equipment shall be applied, installed, connected, erected,
used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the
contrary.
5.5 SKILL AND CHARACTER OF WORKERS
All workers must have sufficient knowledge, skill and experience to perform properly the work
assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who,
in the opinion of the Engineer or the City does not perform his work in a skillful manner, or
appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written
request of the City, be discharged immediately and shall not be employed again in any portion of
the Work without the approval of the City.
The Contractor shall at all times be responsible for the conduct and discipline of its employees
and/or any subcontractor or persons employed by subcontractors.
5.6 CUTTING AND PATCHING
The Contractor shall do all necessary cutting and patching of the Work that may be required to
properly receive the work of the various trades or as required by the Plans and Specifications to
complete the Work. Contractor shall restore all such cut or patched work as directed by the
Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent
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property, workmen or the public shall not be done unless approved by the Engineer and under
Engineer's surveillance.
5.7 CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its employees or work. At the completion of the Work, contractor shall remove
all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its
equivalent, unless more exactly specified, and shall insure that all debris and other unsightly
objects are removed and disposed of in a satisfactory manner. At no additional expense to the
City, the Contractor will restore to their original conditions or better, as nearly as practicable,
those portions of the site not designated for alteration and all such property, structure, utilities,
landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will
be withheld until such clean up and repairs are completed
The Work will be considered complete only after all debris and unused material due to or
connected with the Work have been removed and the surrounding area left in a condition
satisfactory to the City. In the event the City finds that the Contractor has not complied in
keeping the job site clean, the City may, after twenty-four (24) hours written notice to the
Contractor to correct the situation, elect to have the job site cleaned by an independent labor
force. The cost of cleaning by said independent labor force shall be deducted from moneys due
the Contractor.
5.8 CITY'S OWNERSHIP OF MATERIALS
Any and all materials, whether structural or natural, found within the limits of the project remain
the property of the City unless City ownership is specifically conveyed to the Contractor.
All material, equipment and work become the sole property of the City as installed. These
provisions shall not be construed as relieving the Contractor from the sole responsibility for all
materials and work for which payments have been made, for the restoration of damaged work, or
as a waiver of right of the City to require the fulfillment of all the terms of the Contract.
5.9 GUARANTEE
The Contractor shall warrant all its material and equipment famished and work performed for a
period of one (1) year from the date of final written acceptance of the Work by City.
Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment
and material warranties or guarantees shall be drawn in favor of the City and the originals thereof
furnished to the Engineer for review and acceptance prior to final payment.
Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims
of beach of contract due to substandard materials or workmanship, nor shall such warranty period
shorten the statute of limitations for bringing a breach of contract or other action based upon any
such deficiencies.
6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR
6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS
Adequate field notes and records shall be available for review by the City and Engineer as the
Work progresses and copies shall be available if necessary. Any inspection or checking of the
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Contractor's field notes or layout work by the City and the acceptance of all or any part thereof
shall not relieve the Contractor the responsibility to achieve the lines, grades and dimensions
shown in the Plans and Specifications.
Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the
surface of the completed Work all control points shown on the Plans.
6.2 CONTROL POINTS FURNISHED BY THE CITY
The City will provide boundary or other control points and bench marks as shown on the Plans as
"Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for
all survey control of his work during construction. The Contractor shall preserve all reference
points and benchmarks furnished by the City.
6.3 FURNISHING OF STAKE MATERIALS
The Contractor shall furnish all stakes, templates and other materials necessary for establishing
and maintaining the lines and grades necessary for control and construction of the Work.
6.4 LAYOUT OF WORK
Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the
Contractor shall establish all horizontal and vertical controls necessary to construct the Work in
conformance with the Plans and Specifications. The Work shall include performing all
calculations required and setting all stakes needed such as grade stakes, offset stakes, reference
point stakes, slope stakes, and other reference marks or points necessary to provide lines and
grades for construction of all contract items.
Survey notes indicating the information and measurements used in establishing locations and
grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the
Project.
6.5 SPECIFIC STAKING REQUIREMENTS
Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is
constructed to meet the lines and grades shown on the Plans.
For construction stakes and other control, references shall be set at sufficiently frequent intervals
to assure that all components of a structure are constructed in accordance with the lines and
grades shown in the Plans.
6.6 PAYMENT
The cost of performing layout work as described above shall be included in the contract prices for
the various items of work to which it is incidental.
6.7 COORDINATION WITH CITY
The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve
information provided shall be used by the Contractor's surveyor to establish alignment throughout
construction. All surveying activities will be coordinated with the City's surveyor as needed for
proper completion of all work on the site.
Primary control monuments, originally set by the City, that are disturbed or destroyed during
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construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the
City's surveyor.
6.8 LOCATION OF EXISTING UTILITIES AND PIPING
All existing underground utilities, such as telephone, cable television and electrical cables must
be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at
least 48 hours prior to commencing any work within the project area. There may be other utilities
within the project area.
The cost of substantiating the location of utilities shall be borne by the Contractor and included in
the bid price. The Contractor shall be responsible for the repair and/or replacement of any
damage caused to utilities by Contractor forces during the course of construction.
Utilities deemed to require relocation shall be identified by the Contractor prior to commencing
work. The Contractor shall notice the City of the conflict and seek direction from the City prior
to proceeding with work. Directions from the City may be to proceed despite conflict, place work
order on hold and commence work at a different location, or relocate utilities under separate
contract with the utility or a change order to be directed by the City.
7.0 PROGRESS AND COMPLETION OF WORK
7.1 CONTRACTOR'S OBLIGATION
Contractor shall supervise and direct the Work, using Contractor's best skill and attention.
Contractor shall be solely responsible for and have control over construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the Work under this
Contract, unless the Contract Documents give other specific instructions concerning these
matters.
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for the proper execution and completion
of the Work, whether temporary or permanent and whether or not incorporated or to be
incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor
shall pay all sales, use and other similar taxes.
Contractor shall enforce strict discipline and good order among Contractor's employees and other
persons carrying out the Work. Contractor shall not permit employment of unfit persons or
persons not skilled in tasks assigned to them.
Contractor currently holds and shall maintain at all times during the term of this Contract all
required federal, state and local licenses necessary to perform the Work required under the
Contract Documents.
Contractor shall be responsible to the City for the acts and omissions of Contractor's employees,
Subcontractors and their agents and employees, and other persons performing portions of the
Work under a contract with Contractor. Contractor shall indemnify, defend and hold City
harmless from all claims arising out of or related to its performance of the Work except for acts
arising solely from the active negligence of the City.
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7.2 START OF CONSTRUCTION
The Contractor shall commence work on the date specified in the Notice to Proceed subsequently
issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall
the Contractor commence work until the City has been furnished and acknowledges receipt of the
Contractor's Certificates of Insurance and a properly executed performance and payment bond as
required.
7.3 CONTRACT TIME
The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the
Contract Agreement and any Addenda or Change Orders thereto. The contract time is 90
consecutive calendar days from start of work date.
7.4 SCHEDULE OF COMPLETION
The Contractor's schedules are subject to the approval of the City, which shall not be
unreasonably withheld, and shall reflect a logical sequence of the various components of work
and the anticipated rates of production necessary to complete the Work on or before the
completion date. Said schedules shall be submitted within ten (10) days of the execution of the
agreement by the City except when requested otherwise and shall be updated and resubmitted to
the City on the twenty-fifth (25th) day of every month with the Contractor's pay request.
7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE
The Contractor shall coordinate its work with other contractors, the City, and utilities to assure
orderly and expeditious progress of work.
The City shall hold a pre -construction conference at Sebastian City Hall at a time and date
mutually agreed upon with the Contractor after the Contract has been awarded and fully executed.
7.6 PROPERTY OF OTHERS
A. Public Ownership
The Contractor shall be responsible for the preservation of all public property, trees, monuments,
etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary
to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes,
conduits and other underground structures, and shall protect carefully from disturbance or
damage all monuments and property marks until a land surveyor has witnessed or otherwise
referenced their location and shall not remove them until so directed by the Engineer in writing.
The City shall remove and relocate all traffic control signs as required.
B. Private Ownership
Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house
numbers, fences, etc. may be removed and relocated by the property owners. The City will not
remove, relocate, or re -install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to
a private property owner. However, should such items not be removed or relocated by the start of
construction, the Contractor shall remove the objects, in a manner which does not damage or
injure the objects at no extra cost to the City, which interfere with the construction of the Project
and place them on the property owner's front lawn just outside the project limits.
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Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining
permission from the property Owner thereof. Where extensive intrusions upon private property
are required for construction, the City and Contractor shall cooperate to obtain Temporary
Construction Easements from the landowner.
7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES
All utilities and all structures of any nature, whether below or above ground, that may be affected
by the Work but are not required to be disturbed or relocated by the very nature of the project,
shall be protected and maintained by the Contractor and shall not be disturbed or damaged by
Contractor forces during the progress of the Work; provided that, should the Contractor disturb,
disconnect or damage any utility or any structure, all expenses of whatever nature arising from
such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor.
7.8 CROSSING PUBLIC FACILITIES
When new construction crosses highways, railroads, streets or similar public facilities under the
jurisdiction of state, county, city, or other public agency or private entity, the City through the
Engineer shall secure written permission prior to the commencement of construction of such
crossing. The Contractor will be required to furnish evidence of compliance with conditions of
the permit from the proper authority before final acceptance of the Work by City. Road closures
are governed by Paragraph 8.3.
The City may order changes in the Work through additions, deletions or modifications without
invalidating the Contract; however, any change in the scope of work or substitution of materials
shall require the written approval of the City. Compensation and time of completion affected by
the change shall be adjusted at the time of ordering such change. New and unforeseen items of
work found to be necessary and which cannot be covered by any item or combination of items for
which there is a contract price shall be classed as changes in the Work. The Contractor shall do
such changes in the Work and furnish such materials, labor and equipment as may be required for
the proper completion of construction of the work contemplated. In the absence of such written
order, no claim for changes in the Work shall be considered. Changes in the Work shall be
performed in accordance with the Specifications where applicable and work not covered by the
specifications or special provisions shall be done in accordance with specifications issued for this
purpose. Changes in the Work required in an emergency to protect life and property shall be
performed by the Contractor as required.
7.10 EXTENSION OF CONTRACT TIME
No extension of time shall be valid unless given in writing by the City. No monetary
compensation shall be given for such delay.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the
Contractor to an extension of time in which to complete the Work as determined by the City
provided, however, the Contractor shall immediately give written notice to the City of the cause
of such delay.
"Rain day" extensions shall be granted upon written request of the Contractor to the City's
Project Manager when said Project Manager determines that weather conditions make it
counterproductive to work on said days. "Rain day" requests must be submitted at the end of each
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work week or be waived, and the cumulative "rain day" extensions granted shall be processed as
a Change Order with each pay submittal.
In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be
granted an extension of time to complete the Work for as many calendar days as the Work was
suspended; except, however, that the Contractor will not be granted an extension of time to
complete the Work if the suspension was caused by a fault of the Contractor.
7.11 CORRECTION OF WORK
Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements
of the Contract Documents, whether observed before or after completion of the Work and
whether or not fabricated, installed or completed, and shall correct any Work found to be not in
accordance with the requirements of the Contract Documents within a period of one (1) year from
the date of completion of the Work or by the terms of an applicable special warranty required by
the Contract Documents. The provisions of this Paragraph apply to the Work done by
Subcontractors as well as to the Work done by direct employees of Contractor.
Nothing contained in this Paragraph shall be construed to establish a period of limitation
with respect to other obligations which Contractor might have under the Contract
Documents. Establishment of the time period of one (1) year as described in Subparagraph
7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and
has no effect on the time within which the obligations of the Contract Documents may be
enforced, nor to the time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's remaining contractual obligations.
7.12 LIQUIDATED DAMAGES
In the event Contractor violates or fails to perform any provision of the Contract Documents, then
the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of
one hundred dollars ($100) per day beyond the agreed completion date. Inspection of the Work
by the City and the subsequent issuance of a notice by the City indicating substantial completion
will be the date used to signify work completion. If completion is beyond the schedule agreed
upon, liquidated damages may be imposed by the City on the Contractor and will be withheld
from payment.
It is expressly acknowledged by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer
in the event Contractor fails to perform as required hereunder or violates any provision of the
Contract Documents.
8.0 PUBLIC HEALTH AND SAFETY
8.1 PROTECTION OF PERSONS AND PROPERTY
The Contractor shall submit, for the City's approval, a project safety and security plan which
describes the Contractor's plans and procedures to protect the safety and property of property
owners, residents, and passers-by. The plan shall describe measures and precautions to be taken
during working hours and non -working hours.
A. Safety Precautions and Programs
FEW
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work in accordance with the U.S. Department
of Labor Occupational Safety and Health Act and the laws of the State of Florida.
This Contract requires that the Contractor and any and all subcontractors hired by the Contractor
comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply
with the Act constitutes a failure to perform.
The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties
charged to the City for violations of OSHA committed by the Contractor or any and all
subcontractors.
B. Safety of Persons and Property
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all employees on the Work and all
other persons who may be affected thereby; all the work materials and equipment to be
incorporated therein, whether in storage on or off the project site, under the care, custody or
control of the Contractor or any of his subcontractors; and other property on the project 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.
The Contractor shall be held fully responsible for such safety and protection until final written
acceptance of the Work.
Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all
times. Temporary provisions shall be made by the Contractor to insure the proper functioning of
all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be
obstructed except as approved by the City. The Contractor acknowledges that, in executing the
Project, it will operate machinery and equipment that may be dangerous to the adjacent property
owners and the general public. The Contractor will be required to conduct excavations for the
Project that may be hazardous to person and property. The Contractor shall develop and
implement a job safety and security plan that will adequately protect all property and the general
public.
Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the
lands of the City or an adjacent property.
8.2 TRAFFIC CONTROL
All safety precautions, traffic control, and warning devices necessary to protect the public and
workmen from hazards within the right-of-way shall be in strict accordance with SECTION 102,
MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State
of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction,
Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest
edition shall be used as minimum standards, as applicable.
Further, the Contractor shall carry on the Work in a manner that will cause the least possible
obstruction and interruption in traffic, and the least inconvenience to the general public and the
residents in the vicinity of the work.
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8.3 ROAD CLOSURE AND DETOURS
Local traffic shall be maintained within the limits of the Project for the duration of the
construction period. Closing to through travel of more than two (2) consecutive blocks, including
the cross street intersected will not be permitted without specific authorization of the City. No
road or street shall be closed to the public except with the permission of the City and proper
governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours
notification to the City. Traffic detours shall be pre -approved prior to closing. "Street Closed to
through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor
when the job is located in a public or private street.
8.4 PROVISION OF ACCESS
Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress
to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the
Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at
street intersections and driveways, and supply such aid as may be required for pedestrians and
motorists, including delivery vehicles, to safely negotiate the construction areas.
On completion of Work within any area, the Contractor shall remove all debris, excess materials,
barricades and temporary Work leaving walkways and roads in said area clear of obstructions.
8.5 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required,
and all such other necessary precautions for the protection of the Work and the safety of the
public. All barricades and obstructions shall be protected at night by regulatory signal lights
which shall be kept in operation from sunset to sunrise.
Barricades shall be of substantial construction and shall be reflective to increase their visibility at
night. Suitable warning signs shall be so placed and illuminated at night as to show in advance
where construction, barricades or detours exist. Unless so designated in the Bid Documents, no
direct payment for this work will be made, but the cost of providing, erecting and maintaining
such protection devices, including guards, watchmen and/or flagmen as required shall be
considered as included and paid for in the various contract prices of the Work.
Warning signs and barricades shall be in conformance with the State of Florida, Manual of
Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility
Operations, latest edition.
The Contractor shall provide and maintain adequate barricades, construction signs, torches,
flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of
local authorities shall be compiled with. Advance warning signs are required on all streets where
work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in
aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure
warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their
traffic control plan by the City.
8.6 OPEN TRENCHES
The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to
open trenches during construction. The Contractor shall be place construction hazard fencing
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along any open trenches during the construction work -day, and shall leave no open trenches or
excavations over -night unless properly fenced and with the specific approval of the Engineer or
the City.
8.7 PLACEMENT OF HEAVY EOUIPMENT
The Contractor shall not leave construction equipment parked in front of or on a residential lot
overnight or on weekends. At the close of work each day, the equipment shall be driven to and
stored in a designated area so that the equipment will not become an "attractive nuisance" to
neighborhood children. All equipment left unattended during the course of working day, such as
during lunch hours or work breaks, shall not be left in a condition or location which would create
a safety hazard to the general public. All keys shall be removed from the machines during those
times.
8.8 TEMPORARY FACILITIES AND CONTROLS
The Contractor shall provide controls for sanitary facilities, environmental protection and safety
controls on site acceptable to the Florida Department of Health and Rehabilitative Services,
Department of Environmental Protection, and St. Johns River Water Management District.
8.9 SANITARY PROVISION
The Contractor shall provide and maintain such sanitary accommodations adequate for the use of
his employees and those of his subcontractors, and as may be necessary to comply with the
requirements and regulations of the local and state departments of health.
Such facilities shall be made available when the first employees arrive on site of the Work, shall
be properly secluded from public observation, and shall be constructed and maintained during the
progress of the Work in suitable numbers and at such points and in such manner as may be
required or approved.
The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all
times and shall enforce their use. The City shall have the right to inspect such facilities at all
times to determine whether or not they are being properly and adequately maintained. Following
the period of necessity for such accommodations, they and all evidence affixed thereto shall be
removed.
The Contractor shall make all necessary applications and arrangements, and pay all fees and
charges for water and electrical service necessary for the proper completion of the Project up to
the time of final acceptance. The Contractor shall provide and pay for any temporary piping and
connections.
8.11 NOISE CONTROL
The Contractor shall provide adequate protection against objectionable noise levels caused by the
operation of construction equipment, and shall submit a plan to the Engineer for review prior to
initiation and implementation of the plan.
8.12 DUST CONTROL
The Contractor shall provide for adequate protection against raising objectionable dust clouds
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caused by moving construction equipment, high winds or any other cause, and shall submit a plan
to the Engineer for review prior to initiation and implementation of the plan.
8.13 WATER CONTROL
The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to
the Engineer for review prior to initiation and implementation of the plan. Prior approval shall be
obtained from the proper authorities for the use of public or private lands or facilities for such
disposal.
8.14 POLLUTION. SILTATION AND EROSION CONTROL
The Contractor shall provide for and take sufficient precautions to prevent pollution of private
and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus
materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen,
calcium chloride or other harmful materials.
Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize
pollution or silting of streams, takes and reservoirs and to avoid interference with movement of
migratory fish where there is a high potential for erosion and subsequent water pollution.
Erosion control features shall be constructed concurrently with other work and at the earliest
practicable time.
The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity
Control, including location of erosion control and turbidity control devices, marked on a plan set
as needed for clarity. The erosion and turbidity control shall meet the requirements of the St.
John's River Water Management District and the applicable City's NPDES program for control
of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open
excavations and swales.
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ARTICLE III - Supervision and Administration
9.0 ENGINEER CITY, CONTRACTOR RELATIONS
9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY
All work done shall be subject to the construction review of the City Engineer and City. Any and
all technical questions which may arise as to the quality and acceptability of materials furnished,
work performed, or work to be performed, interpretation of Plans and Specifications and all
technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor
shall be referred to the Engineer who will resolve such questions.
9.2 ENGINEER'S DECISION
All claims of a technical nature of the City or Contractor shall be presented to the City Engineer
for resolution.
9.3 SUSPENSION OF WORK
The City shall have the authority to suspend the Work wholly or in part, for such periods as may
be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather
or such other conditions as are considered unfavorable for prosecution of the Work, failure on the
part of the Contractor to carry out the provisions of the Contract or to supply materials meeting
the requirements of the Specifications, or the action of a governmental agency, by serving written
notice of suspension to the Contractor. In the event that the Engineer shall become aware of any
condition which may be cause for suspension of the Work, the Engineer shall immediately advise
the City of such condition. The Contractor shall not suspend operations under the provisions of
this Paragraph without the City's permission.
9.4 CONSTRUCTION REVIEW OF WORK
All materials and each part or detail of the Work shall be subject at all times to construction
review by the Engineer and the City. The Engineer and the City may appoint inspectors. The
Contractor will be held strictly to the true intent of the Specifications in regard to quality of
materials, workmanship, and the diligent execution of the Contract. Such construction review
may include mill, plant, or shop inspection, and any material furnished under the Specifications is
subject to such inspection. The Engineer and the City shall be allowed access to all parts of the
Work and shall be furnished with such information and assistance by the Contractor as is required
to make a complete and detailed review. The City shall not be responsible for the acts or
omissions of the Contractor.
9.5 FIELD TESTS AND PRELIMINARY OPERATION
The Contractor shall perform the work of placing in operation all equipment installed under this
Contract, except as specifically noted hereinafter.
The Contractor shall make adjustments necessary for proper operation.
The Contractor shall provide construction labor required for preliminary operation of the
equipment installed under this Contract.
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The Contractor shall notify the City when work is considered to be complete, in operating
condition, and ready for inspection and tests. Further inspection requirements may be designated
in the Technical Specifications.
The City will conduct tests it deems necessary to determine if the Work functions properly.
Arrangements for testing laboratory services will be made by the City. Payment for testing to
show compliance with specified requirements will be paid for by the City. The cost of retesting
when materials and workmanship fail to meet specified requirements will be deducted from
moneys due the Contractor.
9.6 EXAMINATION OF COMPLETED WORK
The City may request an examination of completed work of the Contractor at any time before
acceptance by the City of the Work and shall remove or uncover such portions of the finished
work as may be directed. After examination, the Contractor shall restore said portions of the
Work to the standard required by the Specifications. Should the work thus exposed or examined
prove acceptable, the uncovering or removing and the replacing of the covering or making good
of the parts removed shall be paid for as extra work, but should the work so exposed or examined
prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense.
9.7 CONTRACTOR'S SUPERINTENDENT
A qualified superintendent, who is acceptable to the City, shall be maintained on the project and
give sufficient supervision to the Work until its completion. The superintendent shall have full
authority to act on behalf of the Contractor, and all communications given to the superintendent
shall be considered given to the Contractor. In general, such communications shall be confirmed
in writing and always upon written request from the Contractor.
9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES
Upon failure of the contractor to perform the work in accordance with the Contract Documents,
including any requirements with respect to the Schedule of Completion, and after five (5) days
written notice to the Contractor, the City may, without prejudice to any other remedy he may
have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct
deficiencies.
9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK
In the event of any default by the Contractor, the City shall have the right to immediately
terminate the Contract upon issuance of written notice of termination to the Contractor stating the
cause for such action. This Agreement may be terminated by the City without cause provided at
least thirty (30) days written notice of such termination shall be given to the Contractor. In the
event of termination, the City may take possession of the Work and of all materials, tools and
equipment thereon and may finish the Work by whatever method and means it may select.
It shall be considered a default by the Contractor whenever Contractor shall:
(a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.
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(b) Disregard or violate the provisions of the Contract Documents or City's written
instructions, or fail to prosecute the Work according to the agreed schedule of
completion including extensions thereof.
(c) Fail to provide a qualified superintendent, competent workmen or subcontractors,
or proper materials, or fail to make prompt payment for same.
9.10 RIGHTS OF VARIOUS INTERESTS
Wherever work being done by the City's forces or by other contractors is contiguous to work
covered by the Contract, the respective rights of the various interests involved shall be established
by the City, to secure the completion of the various portions of the Work in general harmony.
9.11 SEPARATE CONTRACTS
The City may let other contracts in connection with the Work of the Contractor. The Contractor
shall cooperate with other Contractors with regard to storage of materials and execution of their
work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting
Contractor's work and to report to the City any irregularities that will not permit completion of
work in a satisfactory manner.
Contractor's failure to notify the City of such irregularities shall indicate the work of other
contractors has been satisfactorily completed to receive related work. It shall be the responsibility
of the Contractor to inspect the completed work in place and report to the Engineer immediately
any difference between completed work by others and the Plans.
9.12 SUBCONTRACTS AND PURCHASE ORDERS
Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in
writing to the City the names of the subcontractors proposed for the Work. Subcontractors may
not be changed except at the request or with the approval of the City. The Contractor is
responsible to the City for the acts and omissions of its subcontractors and their direct or indirect
employees, to the same extent as he is responsible for the acts and omissions of its employees.
The Contract Documents shall not be construed as creating a contractual relation between any
subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the
Contract Documents.
For convenience of reference and to facilitate the letting of contracts and subcontracts, the
Specifications are separated into title sections. Such separations shall not, however, operate to
make the Engineer or City an arbiter to establish limits to the contracts between the Contractor
and subcontractors.
9.13 WORK DURING AN EMERGENCY
The Contractor shall perform any work and shall furnish and install materials and equipment
necessary during an emergency endangering life or property. In all cases, Contractor shall notify
the Engineer and City of the emergency as soon as practicable, but shall not wait for instructions
before proceeding to properly protect both life and property.
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9.14 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of
the terms or obligations contained in any of the Contract Documents, and none of the provisions
of the Contract Documents shall be held to be waived or modified by reason of any act
whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no
evidence shall be introduced in any proceeding of any other waiver or modification.
No night or Saturday and Sunday work will be pemutted, except in case of emergency, or with
prior approval from City, and then only to such extent as is absolutely necessary to protect life or
property. This clause shall not pertain to crews organized to perform restoration work which
needs no verifying inspection, maintenance work on equipment, or to operate and maintain
special equipment such as dewatering pumps which may be required to work 24 hours per day.
All such night, Saturday and/or Sunday work must be authorized by the City.
9.16 UNAUTHORIZED WORK
Work done without lines and grades having been established, work done without proper
inspection, or any changes made or extra work done without written authority will be done at the
Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be
measured and paid for.
9.17 USE OF COMPLETED PORTIONS OF THE WORK
The City shall have the right to use, occupy, or place into operation any portion of the Work that
has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the
Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the
Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined
by the Engineer. However, if Contractor has failed to complete the Work in accordance with the
time requirements of the Agreement, no compensation (including set -offs to liquidated damages)
shall be allowed for such use or occupancy.
9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK
Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor,
and he shall take every necessary precaution against injury or damage to the Work by the action
of the elements or from any other cause whatsoever, whether arising from the execution or from
the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good,
without additional compensation, all injury or damage to any portion of the Work occasioned by
any cause, other than the sole and active negligence of the City, before its completion and
acceptance.
10.0 MEASUREMENT AND PAYMENT
10.1 DETAILED BREAKDOWN OF CONTRACT
Except in cases where unit prices form the basis for payment under the Contract, the Contractor
shall submit a complete breakdown of the contract amount showing the value assigned to each
part of the Work, including an allowance for profit and overhead within ten (10) days of the
execution of the Contract by the parties. Upon approval of the breakdown of the contract amount
by the Engineer and the City, it shall be used as the basis for all requests for payment.
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10.2 REOUEST FOR PAYMENT
The Contractor may submit to the City not more than once each month a request for payment for
work completed. Where applicable, the Contractor may choose to submit a request for payment at
the substantial completion of each work order. The City may elect to provide its own form for the
Contractor to submit progress payment requests. The standard form provided by the City, or a
form presented by the Contractor having received prior approval from the City, can be used for
the submittal of a progress payment.
The Contractor shall furnish the Engineer and the City all reasonable facilities required for
obtaining the necessary information relative to the progress and execution of the Work. In
addition to each month's invoice, an updated project schedule shall be submitted.
Each request for payment shall be computed from the work completed to date on all items listed
in the detailed breakdown of the contract amount less previous payments and back charges.
Progress payments on account of Unit Price Work will be based on the number of units
completed at the time the payment request was dated by the Contractor. If payment is requested
on the basis of materials and equipment not incorporated in the project but delivered and suitably
stored at the site or at another location agreed to in writing, the payment request shall also be
accompanied by a bill of sale, invoice or other documentation warranty that the City has received
the materials and equipment free and clear of all liens, charges, security interests and
encumbrances, all of which shall be satisfactory to the City. No payments shall be made for
materials stored on site without approval of the City.
An amount of 10% of each monthly pay request shall be retained until final completion and
written acceptance of the Work by the City. Payment of the retainage shall be included in the
Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or
partial release of the 10% retainage shall be at the sole discretion of the City, but in no case
earlier than completion of the Engineer's "punch list inspection".
Any request for payment shall be accompanied by claim releases for work done or materials
furnished in accordance with Paragraph 10.13.
Prior to submission of any request for payment by the Contractor, the Engineer shall review the
request for payment to determine the following:
(a) That the work covered by the request for payment has been completed in
accordance with the intent of the Plans and Specifications.
(b) That the quantities of work have been completed as stated in the request for
payment, whether for a unit price contract or for payment on a lump -sum contract.
10.3 CITY S ACTION ON A REQUEST FOR PAYMENT
Within thirty (30) days from the date of receipt of a request for payment the City shall do one of
the following:
(a) Approve and pay the request for payment as submitted.
(b) Approve and pay such other amount of the request for payment in accordance with
Paragraph 10.4 as the City shall decide is due the Contractor, informing the
Contractor in writing of the reasons for paying the amended amount.
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(c) Disapprove the request for payment in accordance with Paragraph 10.4 informing
the Contractor in writing of the reasons for withholding payment.
10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT
The City may withhold payment in whole or in part on a request for payment to the extent
necessary for any of the following reasons:
(a) Work not performed but included in the request for payment, or the contract Price
has been reduced by written change order.
(b) Work covered by the request for payment which is not in accordance with the
Plans, Specifications and generally accepted construction practices, including if,
in the opinion of the City, there is sufficient evidence that the Work has not been
satisfactorily completed, or based upon tests and/or inspections the work is
defective or has been damaged requiring correction or replacement.
(c) In the event of a filing of a claim or lien, or information received by City of a
potential filing of a claim or lien against the Contractor or City.
(d) Failure of the Contractor to make payments to subcontractors, material suppliers
or labor.
(e) Damage to another contractor.
(f) The City has had to correct a defect in the Work, or there are other items entitling
the City to a set-off against the amount recommended.
(g) Default of any of the provisions of the Contract Documents.
10.5 PAYMENT FOR UNCORRECTED WORK
Should the City direct, in writing, the Contractor not to correct work that has been damaged or
that was not performed in accordance with the Contract Documents, an equitable deduction from
the contract amount shall be made to compensate the City for the uncorrected work.
The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by
the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of
replacing the destroyed or damaged work of other contractors by the removal of the rejected work
or materials and the subsequent re-execution of that work. In the event that City incurs expenses
related thereto, Contractor shall pay for the same within thirty (30) days after written notice to
pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten
(10) days written notice being given by the City of its intent to sell the materials, the City may
sell the materials and shall pay to the Contractor the net proceeds there from after deducting all
the costs and expenses that are incurred by the City.
If the proceeds do not cover the expenses incurred by the City, such additional amounts may be
set-off against any payments due Contractor.
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10.7 CHANGES IN THE WORK
A. Change Orders
If conditions require a change in the scope of work or additional work varying from the original
Plans or Specifications, such change shall be effected by the Contractor when the City issues a
written Change Order. The Change Order shall set forth in complete detail the nature of the
change, the change in the compensation to be paid the Contractor and whether it is an addition or
a reduction of the original total contract cost. Should additional or supplemental drawings be
required, they will be furnished by the Engineer. All Change Orders shall address the impact of
the change on both Contract Price / Cost and Contract Time / Schedule.
Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be
established in one of the following ways:
(a) By lump sum proposed by the Contractor and accepted by the City.
(b) By unit prices established and agreed to.
(c) By unit prices established for additional kinds of work.
(d) By other methods as may be mutually agreed upon.
(e) By force account wherein the Contractor provides the labor and materials at
Contractor's direct cost plus 15% for overhead and profit. When the force account
method is used, the Contractor shall provide full and complete records of all costs
for review by the City.
B. Claims
Claims arising from changes or revisions made by the Contractor at the City's request shall be
presented to the City before work starts on the changes or revisions. If the Contractor deems that
extra compensation is due for work not covered herein, or in Supplemental Agreement, the
Contractor shall notify the City in writing of its intention to make claim for extra compensation
before work begins on which the claim is based. If such notification is not given and the City is
not afforded by the Contractor a method acceptable to the City for keeping strict account of actual
cost, then the Contractor hereby waives its request for such extra compensation. The City is not
obligated to pay the Contractor if the City is not notified as described above. The Contractor may
refuse to perform additional work requested by the City until an appropriate agreement is
executed by the parties. Such notice by the Contractor and the fact that the City has kept account
of the costs as aforesaid shall not in any way be construed as proving the validity of the claim.
10.8 CANCELED ITEMS OF WORK
The City shall have the right to cancel those portions of the contract relating to the construction of
any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle
the Contractor to the payment of a fair and equitable amount covering all costs incurred by
Contractor pertaining to the canceled items before the date of cancellation or suspension of the
work. The Contractor shall be allowed a profit percentage on the materials used and on
construction work actually done, at the same rates as provided for "Changes in the Work", but no
allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or
delivered on the site before the date of such cancellation or suspension shall be purchased from
the Contractor by the City at actual cost and shall thereupon become the property of the City.
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10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY
If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the
Contractor will then be entitled to payment for all work done except as provided in Paragraph
10.4.
10.10 PAYMENT FOR WORK BY THE CITY
The cost of the work performed by the City removing construction materials, equipment, tools
and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with
Paragraph 9.8 shall be paid by the Contractor.
10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT
A. Termination by City for Cause
Upon termination of the contract by the City for cause, including abandonment or termination by
Contractor, the City may enter into an agreement with others for the completion of the Work
under this Agreement and the Contractor shall be held harmless for the work of others. No further
payments shall be due the Contractor until the Work is completed and accepted by the City. If the
unpaid balance of the contract amount shall exceed the cost of completing the Work including all
overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum
meruit basis for the work done prior to termination. If the cost of completing the Work shall
exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The
cost incurred by the City as herein provided shall include the cost of the replacement contractor
and other expenses incurred by the City through the Contractor's default. In either event, all work
done, tracings, plans, specifications, maps, computer programs and data prepared by the
Contractor under this Agreement shall be considered property of the City.
B. Termination by City Without Cause
In the event the City without cause abandons, terminates or suspends this Agreement, the
Contractor shall be compensated for services rendered up to the time of such termination on a
quantum meruit basis and any work done or documents generated by the Contractor shall remain
the property of the City.
10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY
The Contract will be considered complete when all work has been finished, the final construction
review is made by the Engineer, and the project accepted in writing by the City.
10.13 RELEASE OF CLAIMS (INTERIM/FINAL)
The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of
Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified
the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit
and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of
Account, executed by the supplier or subcontractor, must be attached to each request for payment.
If the completed forms are not supplied with the request for payment, the City will notify
Contractor of the outstanding claims of record and, if said completed form(s) are not supplied
within thirty (30) days, the City shall make joint payments to the Contractor and outstanding
claimants.
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10.14 ACCEPTANCE AND FINAL PAYMENT
When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and
Engineer that the Work has been completed in accordance with the terms of the Contract
Documents, the Engineer shall certify completion of the Work to the City. At that time, the
Contractor may submit the Contractor's final request for payment. The Contractor's final request
for payment shall be the contract amount plus all approved written additions less all approved
written deductions and less previous payments made. As a condition for Final payment, a
Contractor's Final Affidavit must be received by the City along with his Final Payment Request
and any as -built drawings which may be required. The Contractor shall furnish full and final
releases of Claim for labor, materials and equipment incurred in connection with the Work,
following which the City will release the Contractor except as to the conditions of the
performance bond, any legal rights of the City, required guarantees and satisfaction of all
warranty work, and shall authorize payment of the Contractor's final request for payment.
10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT
The making of the final payment by the City to the Contractor shall not relieve the Contractor of
responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty
materials and workmanship and the Contractor shall promptly replace any such defects
discovered within one (I) year from the date of final written acceptance of the Work by the City.
11.0 PUBLIC CONTRACT REQUIREMENTS
11.1 COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a
bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this paragraph, the City shall have the right to
terminate the Agreement without liability and, at its discretion, deduct from the Agreement price,
or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
11.2 INTEREST OF MEMBERS OF CITY AND OTHERS
No officers, members or employees of the City and no member of its governing body, and no
other public official of the governing body of the locality or localities in which services for the
facilities are situated or carried out, who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of this project, shall participate in any decision
relating to this Agreement which affects such person's personal interest, or have any personal or
pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.
11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING
The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on
behalf of the Contractor to any person for influencing or attempting to influence any officer or
employee of any Federal agency, a member of Congress, an officer or employee of Congress or
an employee of a member of Congress in connection with the awarding of any Federal contract,
the making of any Federal Grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment or modification of
any Federal contract, Grant, loan or cooperative agreement.
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If any funds other than Federal appropriated funds have been paid by the Contractor to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of
Congress in connection with this Agreement, the undersigned shall complete and submit Standard
Form- "Disclosure Form to Report Lobbying" in accordance with its instructions.
11.4 INTEREST OF CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
direct or indirect, which shall conflict in any manner or degree with the performance of services
required to be performed under this Agreement. The Contractor further covenants that in the
performance of this Agreement, no person having any such interest shall be employed. The
Contractor shall not undertake any professional work which conflicts with its duties as the City's
Contractor without the prior written consent of the City during the term of this Agreement. Any
work where the Contractor can reasonably anticipate that it may be called to testify as a witness
against the City in any litigation or administrative proceeding will constitute a conflict of interest
under this Agreement.
11.5 PUBLIC ENTITY CRIMES
The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY
CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes,
has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the
provisions of said statute.
11.6 DRUG-FREE WORKPLACE
The Agreement documents also include the "Drug -Free Workplace Form" which is in accordance
with Florida Statute 287.089 and must be signed and instituted.
11.7 COMPLIANCE WITH LAWS
Contractor shall comply with all applicable federal laws that in any way regulate or impact the
Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered
Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988,
Executive Order No, 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe
Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act
(PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966
(PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive
Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL
94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order
No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549,
The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable
regulations, and the Americans with Disabilities Act (PL 101-336).
11.8 INSURANCE
The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below
and maintain said insurance during the life of this agreement:
(a) Workers' Compensation - Contractor shall purchase workers' compensation
insurance as required by law.
(b) Commercial General Liability - Contractor shall purchase Commercial General
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Liability insurance with a combined single limit of at least $1,000,000.
(c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability
insurance with a combined single limit of at least $1,000,000.
Further, Contractor shall maintain such insurance as is reasonably required to satisfy its
obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted.
The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The
Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written
notice of their intent to cancel or terminate said insurance. It is the full responsibility of the
contractor to insure that all sub -contractors have full insurance coverage as stated above.
The Contractor shall not commence the Work under this contract until Contractor has obtained all
the insurance required under this paragraph and certificates of such insurance have been
submitted to the City, nor shall the Contractor allow any subcontractor to commence work on a
subcontract until all insurance required has been so obtained and approved by the City. The
Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein
and in such form as shall protect Contractor and any subcontractor performing work under this
Contract, or the City, from all claims and liability for damages for bodily injury, including
accidental death, under this Contract, whether by Contractor or by any subcontractor or by any
one directly or indirectly employed by either of them.
The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of
insurance, naming the City as an additional insured party, prior to the start of construction as
provided in the Contract.
11.9 BOND
The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown
in these Documents, for Performance and Payment, each in the amount of 100% of the total
contract amount.
11.10 PERMITS
All City and St. John's River Water Management District permits and other permits necessary for
the prosecution of the Work shall be secured by the City, except for Contractor's licenses and
registrations, and dewatering permits that may be required by St. Johns River Water Management
District (SJRWMD). Contractor shall secure a building permit if required by the City's Building
Official.
11.11 LAWS TO BE OBSERVED
The Contractor shall give all notices and comply with all federal, state and local laws, ordinances,
permit requirements and regulations in any manner affecting the conduct of the Work, and all
such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority
over the Work, and shall indemnify and save harmless the City and Engineer against any expense,
claim or liability arising from, or based on, the violation of any such law, ordinance, regulation,
permit requirements, order or decree, whether by Contractor or its employees. The failure of the
Contractor to adhere to any known law or regulation pertaining to furnishing services under this
Agreement shall constitute a material breach of this Agreement.
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The Contractor shall keep fully informed of all existing and pending state and national laws and
municipal ordinances and regulations in any manner affecting those engaged or employed in the
Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over
the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or
Contract for this work in relation to any such law, ordinance, regulations, order or decree,
Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at
all times himself observe and comply with and cause all its agents, subcontractors and employees
to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their
officers, employees and agents against any expense, claim or liability arising from or based upon
violation of any such law, ordinance, regulations, orders or decree, whether by Contractor or its
employees.
All building construction work alterations, repairs or mechanical installations and appliances
connected therewith shall comply with the applicable building rules and regulations, restrictions
and reservations of record, local ordinances and such other statutory provisions pertaining to this
class of work.
12.0 MISCELLANEOUS
12.1 ADDRESSES FOR NOTICES
All notices given under or in connection with any of the Contract Documents shall be delivered in
person or by telegraph or email (confirmed) or registered or certified mail to the parties at the
address as either party may by notice designate.
12.2 WRITTEN NOTICE
Written notice shall be considered as served when delivered to the designated representative of
the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or
corporation to the business address stated in Bid Proposal.
Change of Address: It shall be the duty of each party to advise the other parties to the Contract as
to any changes in his business address until completion of the Contract.
12.3 TAXES
Contractor shall pay all sales or other taxes of any type which may be incurred in connection with
the Work hereunder, and shall reimburse the City for any such taxes paid by the City.
12.4 TIME IS OF VITAL IMPORTANCE
It is agreed and understood that time is of vital importance with respect to the completion date for
the Work and all other provisions of the Contract Documents.
12.5 NO WAIVER OF LEGAL RIGHTS
Neither the payment for, nor acceptance of the whole or any part of the Work by the City or
representatives of the City, nor any extension of time, nor the withholding of payments, nor any
possession taken by the City, nor the termination of employment of the Contractor shall operate
as a waiver of any portion of the Contract or any power therein reserved or any right therein
reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's
obligations or duties under this Agreement constitute a waiver of any other obligation or duty of
the Contractor under this Agreement.
12.6 RIGHT TO WORK PRODUCT
No reports, data, programs or other material produced in whole or in part under this Agreement
shall be subject to copyright by the Contractor, in the United States or in any other country. The
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City or its assigns shall have the unrestricted authority to publish, disclose, distribute and
otherwise use, in whole or in part, any reports, data, programs or other material prepared under
this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared
or obtained under this Agreement shall remain the property of the City. Any use of any plans and
specifications by the City except the use reasonably contemplated by the City at the time the City
entered this Agreement will be at the City's risk and Contractor, its officers, directors and
employees will be held harmless from such use.
12.7 PUBLIC RECORDS FORM
Contract Name: Construction Services Agreement between the City of Sebastian and
Project Description:
In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract
between the City of Sebastian and the Contractor shall require the contractor to:
a) Comply with the public records law of the State of Florida, as the same may be amended
from time to time.
b) Keep and maintain public records that ordinarily and necessarily would be required by
the City in order to perform services, and
C) Provide the public with access to public records on the same terms and conditions that the
City would provide the records and at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law, and
e) Meet all requirements of retaining public records and transfer, at no cost, to the City all
public records in possession of the contractor upon termination of the contact and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
Authorized Signature:
Print
Company/Firm:
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Title:
Date:
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
ATTEST:
Sally A. Maio
MMC
(SEAL)
Approved as to Form and Content for
Reliance by the City of Sebastian Only
Robert A. Ginsburg, City Attorney
Signed, sealed and delivered
in the presence of:
►EN&S li
NAME:
THE CITY OF SEBASTIAN
0
Name: Joseph Griffin
Title: City Manager
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m
Name:
Title:
TECHNICAL SPECIFIATIONS
PART 1: GENERAL
1.01 Summary
A. Section includes product data for the Fabrication, Layout, Assembly, and Installation of
Custom, Galvanneal Steel Framed, Triglycidyl Isocyanurate (TGIC) Polyester Powder
Coated Skate Park Equipment intended for a fully exposed service environment. Ramp
and Equipment will be installed out -doors and needs to accommodate all outdoor weather
conditions.
1.02 References
A. ASTM A568 Specification for Steel, Sheet, Carbon, and High -Strength, Low -Alloy, Hot -
Rolled and Cold -Rolled. (American Society for Testing and Materials)
B. ASTM A1011 Specification for Steel, Sheet and Strip, Hot -Rolled, Carbon, Structural,
High -Strength Low -Alloy and High -Strength Low -Alloy with Improved Formability.
C. ASTM A653 / A653M - 09 Standard Specification for Steel Sheet, Zinc -Coated
(Galvanized) or Zinc -Iron Alloy -Coated (Galvannealed) by the Hot -Dip Process
D. ASTM A123 / A123M - 09 Standard Specification for Zinc (Hot -Dip Galvanized)
Coatings on Iron and Steel Products
E. ASTM F593 - 02(2008) Standard Specification for Stainless Steel Bolts, Hex Cap
Screws, and Studs
F. 2000 International Building Code
1.03 System Description
A. Performance Requirements:
RAMP SYSTEM SPECIFICATIONS
• Ramp System shall be Pro MX Series with a 20 Year Warranty
• Thick 3/16" Laser Cut Framework (ASTM Al011 / A653)
• All ramp material shall be 3/16" MaxGrip TM Steel riding surface (ASTM F2334-09-
4.1)
• Tamper Resistant Stainless Steel Hardware (ASTM F593)
• Fastener Free Riding Surface (ASTM F2334-09-5.5)
• Beveled Leading Edge (ASTM F2334-09-5.7.1) No Separate Approach Plate
• Hot Dip Galvanized Coping / Grindrails (ASTM F2334-09-5.4)
• MaxGrip TM Polyester Powder coat (ASTM D2794/D3363/B 117)
• Vertical Baluster Guardrails — Hot Dip Galvanized Steel (ASTM F2334-09-5.1)
• 13 Gauge Galvanized Solid Steel Enclosures (ASTM A 10 11 / A653)
CONCRETE FEATURES SPECIFICATIONS
• Concrete Features shall be Solo G2 Modular with a 15 Year Warranty
• Features will be Precast Precision (ACI 304 R) with Solid Concrete Riding Surface
• Galvanized Steel Coping (ASTM F2334-09-5.4)
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• Integrated Concrete Support System (ACI 318) (American Concrete Institute)
• Fastener Free Transition Plates (ASTM F2334-09-5.7)
• Vertical Baluster Hot Dip Galvanized Guardrails (ASTM F2334-09-5.1)
• 9000+ PSI Concrete (ASTM C109-28 days 9400 PSI / 65MPa)
• Vertical Baluster Hot Dip Galvanized Guardrails (ASTM F2334-09-5.1)
• 9000+ PSI Concrete (ASTM C109-28 days 9400 PSI / 65MPa)
EQUIPMENT DESCRIPTION WITH DIMENSIONS
DIAGRAM #
1, 2 & 3 3 — Half Pipes — 4ft High x 4ft Wide x 34ft Long
4&5 2 — Bank Ramps — 4ft High x 4ft Wide x 9ft Long
18,19 & 20 3 — Quarter Pipes — 5ft High x 4ft Wide x 12ft Long
15 & 16 2 - Skate Benches (Concrete) 1.5ft High x 2ftWide x 6ft Long
6 1 — Grind Rail (Round) 1.5ft High x tin Wide x 16ft Long
7 1 — Wedge Flat, Stair 2ft High x 4ft Wide x 15ft Long
8 & 10 2 — Wedge Flat, Wedge 2ft High x 4ft Wide x 18ft Long
9 1 — Grind Rail, Kinked (Round) 1.5ft High x 2in Wide x 12ft Long
11 1 — Pyramid Section (Wedge) 2ft High x 6ft Wide x 18ft Long
12 1 — Skittle Pad (Replica Series) 0.5ft High x 7ft Wide x 7ft Long
13 1 — Hubba Ledge (Replica Series) 1.5ft High x 1.5ft Wide x 18ft Long
14 1 — Pier 7 (Replica Series) lft High x 4ft Wide x IOft Long
17 1 — Grind Rail (Square) 1 ft High x 3in Wide x 12ft Long
21 1 — Jersey Barrier (Replica Series) 3ft High x 8.5ft Wide x 4.5 Long
1.04 Submittals
A. General: Submit in accordance with CSI Division 1 Procedures. (Construction
Specifications Institute)
1.05 Quality Assurance
A. Minimum qualifications and representations required to submit bid:
1. Contractor must have completed at least (24) public use skate parks over
the past five years to the exact specification described herein. The skate
parks must have been in operation for at least two years complete and
currently in operation.
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2. Installers must have a record of successful in-service performance
completing custom elements using materials and methods specified in
Part 2: Products, and Part 3: Execution.
1.06 Warranty
A. All work shall be of first-class quality and free of omissions and faulty, poor quality,
imperfect or defective material or workmanship.
B. All components and hardware shall carry a 20 -year limited warranty.
PART 2: PRODUCTS
2.01 Materials
A. Steel
1. All decks and riding surfaces shall be 7GA (-3/16") galvanized steel
sheet, which has been rolled to the correct radius prior to ramp
fabrication to ensure a smooth transition where applicable. Material shall
conform to ASTM A1011/A568 standards.
2. All steel sheets shall be galvannealed to limit mill scale and thus improve
powder coat adhesion. Material shall conform to ASTM A653 standards.
3. Steel surface shall be welded to the framework from the underside.
4. The steel riding surface itself shall serve as the threshold transition.
5. No SkateliteTm or other finish layer will be accepted.
6. Riding surfaces on the same plane shall be continuous and of the same
material (ASTM F 2334-09-5.3)
7. The elevation reveal on riding surface joints shall not exceed 0.188".
Horizontal gaps between riding surfaces shall not exceed 0.188"(ASTM
F 2334-09-5.5).
8. Coping shall be full schedule 40 pipe which bolts in from underside and
shall protrude 0.25' +/- 0.125' above the riding surface (ASTM F 2334-
09-5.4)
9. Coping shall be hot -dip galvanized after fabrication. Shall conform to
ASTM A123 standards.
10. Enclosures (if requested) shall be 13 -gauge laser cut galvanneal steel
sheets to match hole pattern of ribs and ramp profile for ease of
installation. Material shall conform to ASTM A653 standards.
B. Fasteners
1. All fasteners shall be tamper-resistant stainless steel.
2. Manufacturer shall supply special tool for tamper-resistant fasteners.
3. Fasteners shall comply with ASTM F593
C. Composite
1. All compound curvature surfaces shall be composed of a laminated composite
material.
2. Surface of composite material shall be color -matched to adjacent steel
components.
3. Composite material shall consist of the following lamination schedule:
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a. gel coat; wet application thickness of 18-24mil
b. spray -up chopped strand layer
c. hand -laid 0/90 woven mat layer
d. spray -up chopped strand layer
Low -shrink isophthalic polyester resin shall be used in conjunction with all layers.
Strand -to -resin ratio shall be a minimum of 30-35%.
4. Minimum composite part finished thickness shall be 3/8".
2.02 Finishes
A. TGIC Powder Coat (Triglycidyl Isocyanurate)
1. All surfaces, framework, coping, safety panels and enclosures shall
undergo a 7 -stage cleaning and preparation process to ensure powder
coating adhesion.
2. All surfaces, framework, coping, safety panels and enclosures shall be
coated to 2-3 mil thickness of TGIC powder coat. All riding surfaces shall
contain additive to achieve grippy riding surface known as MaxGripTM'.
3. Typical Performance Characteristics of Powder Coat Paint:
Property Test Method Results
Specific Gravity Calculated 1.2-1.7
Gloss (60degrees) ASTM D 523 20-100 units
Direct Impact Resistance ASTM D 2794 Up to 160in.-lbs
Flexibility ASTM D 522, Method B 1/8" mandrel
Pencil Hardness ASTM D 3363 H -3H
Crosshatch Adhesion ASTM D 3359, Method B 5B
Salt Spray Resistance ASTM B 117 1,000 + hours
Humidity Resistance ASTM D 2247 1,000 + hours
PART 3: EXECUTION
3.01 Special Techniques
A. Framework
1. Material shall conform to ASTM A1011/A653 standards
2. Framing under all transitions and wedge ramps shall be 7GA X 2" laser
cut galvanneal steel.
3. All radius framing and support pieces shall be precision laser cut from
7GA galvanneal steel to ensure accuracy — rolled flat bar is not
acceptable. Material shall conform to ASTM A653.
4. All framing for platform bases, platform tops, and legs shall be
constructed of formed 10 -gauge galvanneal steel. Material shall conform
to ASTM A653.
5. All pieces shall bolt together every 12" to ensure a uniform seam.
6. All decks shall be 4' deep unless otherwise specified.
7. All bank ramps shall have a radius at the bottom to ensure a smooth
transition.
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B. Safety Railing
Specifier Notes: An elevated surface is exempt from these
recommendations if a safety rail would interfere with the intended use per
ASTM F 2334-09
1. Material shall conform to ASTM At 01 l IA568 standards (see specs under
"Steel" heading)
2. The safety railings shall be of a vertical baluster design.
3. The safety railings shall be hot -dip galvanized after fabrication. Material
shall conform to ASTM At 23.
4. Safety railings shall be a minimum of 42" in height and prevent passage
of a sphere equal to or greater than 4" outside diameter (ASTM F 2334-
09-5.1.1)
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