HomeMy WebLinkAbout1999 Bid DocsCONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
STONECROP DAM REPLACEMENT
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
PREPARED FOR
CITY OF SEBASTIAN
BY
MASTELLER & MOLER, INC.
2205 14TH AVENUE
VERO BEACH, FLORIDA 32960
(561) 567-5300
October 1999
EARL H. MASTELLER, P.E.
FLORIDA REGISTRATION #26658
PRESIDENT
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CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
STONECROP DAM REPLACEMENT
' CITY OF SEBASTIAN, FLORIDA
.� PREPARED FOR:
CITY OF SEBASTIAN
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TERRENCE MOORE, CITY MANAGER
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CHUCK NEUBERGER, MAYOR
JOSEPH BARCZYK, COUNCIL MEMBER
BEN A. BISHOP, COUNCIL MEMBER
EDWARD J. MAJCHER, COUNCIL MEMBER
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WALTER BARNES, COUNCIL MEMBER
KAY O'HALLORAN, CITY CLERK
f RICH STRINGER, CITY ATTORNEY
BY
MASTELLER & MOLER, INC.
2205 14TH AVENUE
VERO BEACH FLORIDA 32960
(561)567-5300
EARL H. MASTELLER, P.E.
FLORIDA REGISTRATION #26658
PRESIDENT
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i. SECTION 6 - LEGAL AND PUBLIC RELATIONS
SECTION 7 - PROCEDURE AND PROGRESS
1.7.1.
1.6.1.
Insurance
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1.6.2.
Damage Claims
1.7.4.
1.6.3.
Laws, Ordinances and Regulations
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1.6.4.
Federal Aid
" 1.7.7.
1.6.5.
Permits and Licenses
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1.6.6.
Responsibility for Work
1.6.7.
Explosives
1.6.8.
Public Safety and Convenience
1.6.9.
Accident Prevention
1.6.10.
Property Damage
1.6.11.
Public Utilities
1.6.12.
Existing Monuments
1.6.13.
Hauling Restrictions
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SECTION 7 - PROCEDURE AND PROGRESS
1.7.1.
Commencement and Procedure
1.7.2.
Progress and Time of Completion
■' 1.7.3.
Suspension of Work
1.7.4.
Unavoidable Delays
■' 1.7.5.
Annulment of Contract
1.7.6.
Default of Contract
" 1.7.7.
Liquidated Damages
1.7.8.
Extension of Time
SECTION 8 - MEASUREMENT AND PAYMENT
., 1.8.1.
Measurement of Quantities
1.8.2.
Scope of Payment
1.8.3.
Adjustment of Estimated Quantities
1.8.4.
Change of Plans
.. 1.8.5.
Payments
1.8.6.
Termination of Responsibility
1.8.7.
Maintenance Bond
1.8.8.
As -Built Drawings
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SECTION 9 - SPECIAL PROVISIONS
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1.9.1
Description of Work
Non -Collusion Affidavit of Prime Bidder
1.9.2.
Pre -Bid Conference
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1.9.3.
Contract Change Order
Surety's Consent
1.9.4.
Pre -Construction Conference
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1.9.5.
Time of Starting and Completing Work
Partial Payment Request
1.9.6.
Insurance
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1.9.7.
Permits and Licenses
1.9.8.
Interpretation of Specifications
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1.9.9.
Maintenance and Protection of Trak
1.9.10.
Pre -Construction Photographs
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1.9.11.
Inspection
1.9.12.
Engineer's Field Office
SECTION 10 - PROPOSAL
1.10.1.
Form of Proposal
1.10.2.
Non -Collusion Affidavit of Prime Bidder
1.10.3.
Questionnaire
1.10.4.
Bid Bond
.. 1.10.5.
Surety's Consent
1.10.6.
Statement of Stockholder Information
1.10.7.
Drug Free Work Place Form
SECTION 11 - CONTRACT AGREEMENT
1.11.1.
Form of Agreement
1.11.2.
Performance Bond
1.11.3.
Payment Bond
1.11.4.
Notice of Award
1.11.5.
Notice to Proceed
1.11.6.
Affidavit
1.11.7.
Final Payment - Contractor
1.11.8.
Partial Payment Request
DIVISION 2 - SUPPLEMENTARY SPECIFICATIONS
SECTION 1 - SITE WORK
2.1.1. Mobilization
2.1.2. Clearing Site
2.1.3. Maintenance and Protection of Traffic
2.1.4. Engineer's Field Office
SECTION 2 - PIPE INSTALLATION
., 2.2.1.
Excavation for Test Pits - Unclassified
2.2.2.
Earthwork
2.2.3.
Rubble Riprap Blanket
2.2.4.
Not used
2.2.5.
Steel Sheet Piling
2.2.6.
Cast -in -Place Concrete
2.2.7.
Chain Link Fences & Gates
2.2.8.
Wetland Planting
.. 2.2.9.
Audio -Video Taping
SECTION 3 - RESTORATION
2.3.1. Sod
2.3.2. General Restoration
2.3.3. Paved Driveway Restoration
SECTION 4 — SUBSURFACT EXPLORATION
ON 2.4.1. Subsurface Exploration Report
SECTION 5 — ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
2.5.1. St. Johns River Water Management District
,. Individual Environmental Resource Permit #4-061-0082GMF-ERP
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DIVISION 1
GENERAL PROVISIONS
SECTION 1
GENERAL INFORMATION
1.1.1. Purpose
a.
The purpose of this Division is to present, supplement and/or compliment, in an orderly fashion,
the Supplemental Specifications, Contract Drawings and all associated or related items that
t make up the Contract Documents.
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Frequently, references are made to the provisions of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction dated 1991 (FDOTSS) as currently
amended, in accordance with the particular requirements of this Project.
When there is conflict between the requirements of these General Provisions and the
requirements of the General Provisions of the FDOTSS, these General Provisions shall govern.
1.1.2. Organization of Articles
The articles herein are numbered in three (3) parts. The first part denotes the division number;
the second, the section number of the division; and the third, the article number of the section.
The headings of the articles herein are for convenience. of reference only and shall have no
bearing on their interpretation.
All references to article numbers in these Specifications shall be construed to mean the articles
as amended herein unless specifically stated otherwise.
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1.1.3. Definitions
Wherever in the Contract that the following terms, abbreviations or pronouns are used, their
intent and meaning shall be interpreted as follows:
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1.1.3. Definitions( Cont'd)
,. ABBREVIATIONS:
accordance with the contract documents.
A.A.N.
American Association of Nurserymen, Inc.
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A.A.S.H.T.O.
American Association of State Highway and Transportation Officials
A.G.C.
The Associated General Contractors of America, Inc.
A.I.S.I.
American Iron and Steel Institute
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A.N.S.I.
American National Standards Institute, Inc. (formerly A.S.A. & U.S.A.S.I.)
A.R.E.A.
American Railway Engineering Association
A.S.M.E.
American Society of Mechanical Engineers
A.S.T.M.
American Society for Testing and Materials
A.W.S.
American Welding Society
A.W.P.A.
American Wood Preservers Association
A.W. W.A.
American Water Works Association
C.RS.I.
Concrete Reinforcing Steel Institute
F.S.S.
Federal Specifications and Standards
I.E.E.E.
Institute of Electrical & Electronics Engineers (formerly A.I.E.E.)
I.E.S.
Illuminating Engineering Society
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I.P.C.E.A.
Insulated Power Cable Engineers Association
N.E.C.
National Electrical Code (as recommended by the National Fire Protection
Association)
,.
N.E.M.A.
National Electrical Manufacturers Association
S.A.E.
Society of Automotive Engineers
S.S.P.C.
Steel Structures Painting Council
M.U.T.C.D.
Manual on Uniform Traffic Control Devices (Current Edition)
F.D.O.T.S.S.
Florida Department of Transportation Standard Specifications for Road and
Bridge Construction, 1991.
ADDENDA
Any interpretations or revisions, in a written, telegraphic or graphic form,
to any of the contract documents, received by Bidders before the opening
of bids.
ADVERTISEMENT The public announcement, as required by law, inviting bids for work to be
performed or materials to be furnished, and is usually issued as 'Notice"
to Contractors," or "Notice to Bidders."
AGREEMENT
The written agreement between Owner and Contractor covering the work
to be performed; other contract documents are attached to the agreements.
BIDDER
An individual, firm, partnership or corporation, acting directly or through
a duly authorized representative, legally submitting a Bid on the Proposal
Form provided.
BONDS
Bid, performance, maintenance, payment or any other instruments of
security furnished by the Contractor and his authorized Surety in
accordance with the contract documents.
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1.1.3. Definitions (Confd)
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BRIDGE A structure, including supports, erected over a depression or over an
obstruction such as water, highway or railway, or for elevated roadway,
MW for carrying traffic or other moving loads, and having a length, measured
along the center of the roadway of more than 20' between the inside faces of
end supports. A multiple -span box culvert is considered a bridge, where the
+' length between the extreme ends of the openings exceeds 20'.
CALENDAR DAY Every day shown on the calendar, ending and beginning at midnight.
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CHANGE ORDER A written order to the Contractor, signed by the Owner or the Owner's
agent, Engineer and the Contractor, authorizing an addition, deletion or
revision in the work issued after the Award of Contract. Such CHANGE
ORDER may increase or decrease the Contract cost and/or time required
and/or work required to perform the Contract.
CONTRACT The agreement covering the performance of the Project and payments
,, therefor including, if required: Advertisement for Bids, Proposal Form,
Certification as to Publication and Notice of Advertisement for Bids,
Appointment of Agent by Nonresident Contractors, Non -Collusion
,. Affidavit, Warranty Concerning Solicitation of the Contract by Others,
Progress Schedule, Resolution of Award of Contract, Executed Form of
Contract, Contract Bond, General Specifications, Supplementary
Specifications, Plan Change Orders, Supplementary Agreements, Permits
and letters or other information giving interpretations or revisions of any
of the foregoing documents which are received by prospective Bidders not
less than three (3) days prior to the scheduled for the receipt of bids, all of
which are to be treated as one instrument whether or not set forth at length
in the Form of Contract.
CONTRACT BOND The security furnished by the Contractor and the Surety as a guaranty that
the Contractor will fulfill the terms of the Contract in accordance with the
plans, specifications and other Contract Documents, and pay all legal
debts pertaining to the construction of the Project.
CONTRACT TIME The number of work days or calendar days allowed for completion of the
Contract, including authorized time extensions. In case a calendar date
., of completion is stipulated in lieu of a number of work or calendar days
the Contract shall be completed by such calendar date.
CONTRACTOR The party of the second part to the Contract, acting directly or through
its principals and primarily liable for the acceptable performance of the
Project and for payment of all debts pertaining to the Project.
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1.1.3. Definitions (Cont'd1
JW CULVERTS Any structure not classified as a bridge, which provides an opening under
the roadway.
a. DEPARTMENT State of Florida Department of Transportation.
ENGINEER The consulting firm of Masteller & Moler, Inc. its principals, or its
00 authorized representative.
EQUIPMENT The machinery and equipment, together with the necessary supplies for
upkeep and maintenance thereof, also, the tools and all other apparatus
necessary for the construction and acceptable completion of the work.
INSPECTOR The Owner's and / or Engineer's on-site representative responsible for
observation of work performed as set forth in these Specifications.
MATERIAL All raw or prepared materials & manufactured or fabricated products
entering into the finished project.
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NOTICE OF AWARD The written notice by Owner to the apparent successful Bidder
stating that upon compliance with the conditions precedent to be
PR fulfilled by him within the time specified, Owner will execute and
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deliver the Agreement to him
NOTICE TO PROCEED A written notice given by Engineer to Contractor fixing the date on
which the Contract time will commence to run and on which
Contractor shall start to perform his obligations under the Contract
Documents.
OWNER A public or quasi -public body or authority, corporation, association, or
individual for whom the work is to be performed.
PLANS Drawings or reproductions thereof famished by the Engineer, pertaining
to the Project.
PROJECT The entire work to be performed under the Contract.
PROPOSAL The prepared form furnished by the Owner, properly filled out and
executed and submitted as a bid for the performance of the Project.
PROPOSAL The security designated to be furnished the Bidder as guaranty that he will
GUARANTY enter into the Contract for the work if his proposal is accepted.
SPECIAL Specific causes supplemental to the Standard Specifications, setting
PROVISIONS forth conditions varying from or additional to the Standard Specifications,
for a specific project.
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1.1.3. Definitions (Cont'd)
SPECIFICATIONS The General and Special Provisions and all written agreements, made or
to be made, pertaining to the method or manner of performing the Project
or to the quantities or qualities of materials to be furnished for the Project.
STATE The State of Florida.
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SUBCONTRACTOR An individual, partnership or corporation, or a combination of any or
all jointly undertaking the execution of part of the work under the
" terms the Contract, by virtue of an agreement, with the Contractor or
with any other subcontractor.
SUBSTANTIAL The date as certified by the Engineer when the construction of the Project,
COMPLETION or a specified part thereof, is sufficiently completed, in accordance with
the Contract Documents, so that the Project or specified part can be
utilized for the purposes for which it was intended.
SUPERINTENDENT The Contractor's authorized representative in responsible charge of
the work.
M SUPPLEMENTARY Additions to or amendments of the Standard Specifications pertaining
SPECIFICATIONS to the Project.
M SURETY The corporate body which is bound with and for the Contractor, and
which contracts responsibility for his acceptable bid, performance and
maintenance of the Project and for his payment of all obligations
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WORK All labor, materials and incidentals required for the construction of the
the improvement for which the Contract is made, including
superintendence, use of equipment and tools, and all services and
responsibilities prescribed or implied, which are necessary for the complete
~ performance by the Contractor of his obligations under the Contract. Unless
otherwise specified herein or in the Contract, all costs of liability and of
performing the work shall be at the Contractor's expense.
WORKING DAY A calendar day, exclusive of Saturdays, Sundays and Legal Holidays,
., on which weather and working conditions permit the Contractor to
make effective use of not less than 50% of the usual daily man hours
during regular working hours.
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W SECTION 2
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1.2.1. Invitation to Bids
INFORMATION FOR BIDDERS
,. In accordance with the Advertisement for Bids, Proposals will be received for the performance
of the Project, the general designation of which is stated in the Advertisement for Bids. Bids are
requested on the item(s) stated in the Form of Proposal for the Project. The price(s) bid shall
+^ cover all costs of any nature, incidental to and growing out of the work. In explanation, but not
in limitation thereof, these costs shall include the cost of all work, labor, material, equipment,
transportation and all else necessary to perform and complete the Project in the manner and
' within the time required, all incidental expenses in connection therewith, all costs on account of
loss by damage or destruction of the Project, and any additional expenses for unforeseen
difficulties encountered, for settlement of damages, and for replacement of defective work and
materials. The Bidder shall not attach conditions, limitations or provisions to his proposal. The
attention to Bidders is directed to the provisions of Article 1.2.7., Submitting Proposal, with
particular reference to the Bid Guarantee and Non -Collusion Affidavit to be submitted with the
Proposal, and to the provisions of Article 1.2.9., Causes for Rejection.
The Bidder warrants that, before submitting his proposal, he became familiar with the Plans,
Specifications and other documents that will form parts of the Contract, investigated in detail the
site of the Project and the available means of access, and made such examination thereof as
necessary to satisfy himself in regard to the character and amount of work involved. He also
warrants that he can secure the necessary labor and equipment and that the materials he .
proposed to use will conform to the requirements thereof and can be obtained by him in the
quantities and at the time required. The cost of providing access to the Project will not be paid
for under any specific scheduled item, but shall be included in the prices bid for the various
items scheduled in the Proposal.
.� The minimum criteria for work performed under this Contract shall be in compliance with all
the requirements of the most current Addenda to the 1991 FDOTSS, unless amended herein.
Copies of the current Addenda to the 1991 FDOTSS are on file with the FDOT.
The Owner will consider only those bids received from parties who have obtained contract
documents directly from the Owner or the Owner's Engineer. . Contract documents are not
., transferable to other parties for bidding purposes. Bids received from firms whose names are not
recorded by the Owner or the Engineer as having secured documents for this Contract, will be
rejected.
1.2.2. Oualifrcation of Bidders
In evaluating the qualifications of a Bidder, all of the following information is required:
1. a financial statement certified by the Bidder's accountant;
r 2. a list of contracts successfully and satisfactorily carried to completion on work of this
or similar nature;
3. a list of contracts which the Bidder has underway at the present time, the percentage of
completion of each contract, and the name and address of the owner,
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1.2.2. Oualification of Bidders (Cont'd)
4. the Bidder shall certify that he will, if the successful Bidder, submit to the Owner, no
later than ten (10) days after the signing of the Contract, all information required under
article 1.3.2., Progress Schedule;
The following information is optional:
' 1. a notarized certificate of the Bidder's ability to perform the Contract in a satisfactory
manner in the time limit specified;
r. 2. a current qualification statement from any acceptable State of Florida Department or
Bureau.
AN 1.2.3. Plans and Specifications
The Project shall be performed in accordance with the requirements of the Plans and
Specifications, subject to modifications as provided in Article 1.8.4., Change of Plans. The
Plans and Specifications are intended to compliment and supplement each other. Any work
required by either of them and not by the other shall be performed as if denoted both ways.
Should any work be required which is not denoted in the Specifications or on the Plans because
of an obvious omission, but which is nevertheless necessary for the proper performance of the
_ Project, such work shall be performed as fully as if it were described and delineated. Should any
conflicts occur between Plans and Specifications, Specifications shall govern.
Before submitting his Proposal, it shall be the Bidder's responsibility to determine that he has
received a completed set of Plans and Specifications. If any person contemplating submitting a
bid for the Project is in doubt as to the true meaning of the Plans, Specifications or other
., documents, he may submit, to the Owner's Engineer, a written request for an interpretation
thereof. The persons submitting the request will be responsible for its delivery. Any
interpretation of the documents will be made only by an Addendum duly issued, and a copy of
.• such Addendum will be mailed or delivered to each Bidder on the official list of Bidders.
Questions received less than five (5) calendar days prior to the date for opening of bids will not
be answered.
Only the interpretation or correction issued by the Engineer by Addendum shall be binding.
Prospective Bidders are advised that no other source is authorized to give information
concerning the documents or to explain or interpret the documents.
All Bidders will acknowledge in the space provided for in the Proposal, the receipt of all
Addenda and will confirm that the Addenda have been considered in the preparations of their
proposal.
Completeness of Work - The Contract documents, of which the Plans and Specifications form an
essential part, are intended to cover the complete and proper execution of the Project. Details,
parts and appurtenant work required to carry out their scope, even though not delineated,
described, mentioned or indicated, shall be furnished the same as if they were specifically shown
,. or mentioned. This applies to the prices bid which shall be deemed to include such details, parts
and appurtenant work.
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ON 1.2.3. Plans and Specifications (Cont'd
The Plans with all notes thereon and the Specifications are intended to be corrective and of equal
force and effect, and the Engineer will interpret their meaning should there be any apparent
discrepancy. Figures shall be used in reading dimensions indicated and no scaled dimensions
shall be used. Therefore, the Engineer shall have the right to make such interpretations as he
may deem necessary for the proper completeness and objective purposes of the Plans and
Specifications.
a. Errors and Discrepancies - If, in the progress of the work, the Contractor discovers any error or
omissions in the Plans or Specifications, or in the work, he shall immediately notify the Engineer
and the Engineer shall promptly verify the same. If, with the knowledge of any such error or
,. omission and prior to the correction thereof, the Contractor proceeds with any work affected
thereby, he shall do so at his own risk and the work so done shall not be considered as work done
under and in performance of this Contract unless and until approved and accepted.
1.2.4. Proposal
.. Proposals shall be submitted on the Form of Proposal as famished, and shall be properly filled
out and duly executed. The Bidder shall state in the Form of Proposal, in figures, the price per
unit of measure for each scheduled item of work for which he will agree to carry out the work,
the products of the respective estimated quantities and the Unit Prices bid therefore, and the
Total Price for the performance of the Project obtained by adding the amount of the several
items. All figures shall be typewritten or printed clearly in ink. For the purpose of comparison
of bids received, the Total Price, as correctly determined from the estimated quantities listed in
the Proposal and the Prices per Unit of Measure bid respectively therefore, will be considered to
be the amount bid for the Project, and award will be made on the correct Total Price.
When the Proposal is made by an individual, his post office address shall be stated, and he shall
sign the Proposal; when made by a firm or partnership, its name and post office address shall be
stated, and the Proposal shall be signed by one or more of the partners; when made by a
corporation, its name and principal post office address shall be stated, with corporate seal
affixed and signatures notarized in all cases. Before award is made to a Bidder not a resident of
the State of Florida, such Bidder shall appoint and name, with address, a proper agent in the
State of Florida on whom service can be made in event of litigation.
Should the lump sum price bid for the item "Mobilization" exceed the maximum permissible
amount for this item, as specified elsewhere herein, the bid price will be reduced to the
.. maximum permissible amount, and the reduced price will be used in correctly determining the
total price for comparison of bids received.
1.2.5. Estimate of Ouantities
The quantities shown on the Schedule of Quantities are not guaranteed correct, but are
approximations only, being shown for the purpose of comparing bids received. The Engineer or
Owner does not assume any responsibility that the quantities shall materialize strictly in
accordance with provisions of the Contract Documents in construction of the work, nor shall the
Bidder or Contractor plead misunderstanding or deception because of such estimate of quantities
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r 1.2.5. Estimate of Ouantities (Cont'd)
of the character of the work, location or other conditions pertaining thereto. The Engineer or
Owner reserves the right to increase or decrease any or all of the above mentioned quantities of
work, or to omit any of them as it may deem necessary, and such increase or decrease of the
quantities given for any of the bid items shall not be considered as sufficient grounds for
.. granting an increase in the unit prices bid except as set forth in Section 1.8.4., Change of Plans.
1.2.6. Proposal Guaranties
No Proposal will be accepted unless the Bidder shall furnish five (5%) percent security for the
proper execution of the Contract.
The Proposal, when submitted, shall be accompanied by two (2) Proposal Guaranties as follows:
(1) a bid bond made payable to the order of the Owner as given in the Notice and Advertisement
for Bids and drawn on a bank or trust company satisfactory to the Owner in the sum of no less
than five (5%) percent of the amount of the Proposal, except that the amount of the bid bond
shall not be less than $500.00; and (2) a certified letter (bid letter) of intent guaranteeing the
posting of a Performance Bond for 100% of the Project which will be prepared on the Surety's
Consent form as set forth in Section 1.10.5. of these Specifications. This letter will be duly
., executed by the Bidder, as principal, and by a surety company approved by the Owner. Such bid
bond and letter of intent must be enclosed in the sealed envelope containing the Proposal and
must be delivered with such Proposal.
The name and address of each surety must be stated in the bid or Proposal, and the Surety's
consent must be given in the form attached hereto.
Furthermore, each Surety's consent must be accompanied by a Power of Attorney nominating,
constituting and appointing the person whose signature appears on said Surety's consent and bid
-� bonds as the true and lawful agent of the surety to execute all bonds and the consent on its
behalf.
M 1.2.7. Submitting Proposal
Two (2) originals of the executed Proposal the Bid Security and all executed Addenda shall be
enclosed in a sealed envelope, bearing on the outside the name and address of the Bidder as well
as the designation of the work and Contract number as named in the Form of Proposal.
Proposals will be accepted at the place and until the time stated in the Advertisement of Bids.
Enclosed in the sealed envelope with the Proposal shall be submitted two (2) originals of the
.. following documents: (a) the two Proposal Guaranties, as described in Article 1.2.6.; (b)
Statement of Stockholder Information, as described in Article 1.10.6.; (c) a Non -Collusion
Affidavit and a Warranty concerning solicitation of the Contract by others, as described in
Article 1.10.2.; (d) an executed Contractor's Questionnaire as specified in Section 1.10.3.; (e) all
executed Addenda; (f) if requested, Affidavits of Pre -qualification, as specified in Article 1.2.2.
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1 2 7. Submitting Proposal fCont'dl
Two (2) originals of the required Non -Collusion Affidavit and the Warranty concerning
solicitation of the Contract by others as cited in Article 1.10.2. (both on the form attached to the
Form of proposal) shall be properly signed, swom to and submitted.
If forwarded by mail, the sealed envelope referred to above shall be placed in a second envelope
addressed to the Owner as given in the Notice and Advertisement for Bids and shall be sent by
.. registered mail. Mailed proposals received after the time set for the public opening of bids will
be returned unopened.
1.2.8. Withdrawing Proposal
A Proposal, after having been submitted, may be withdrawn by the Bidder prior to the time set
for opening of bids upon the presentation of a written request for such withdrawal to the Owner
and delivered to the place where bids are to be submitted. No withdrawal of bids will be
_ allowed after said time even though bids may not as yet have been opened.
1.2.9. Causes for Rejection
No Proposals from Bidders not qualified to bid, according to he provisions of Articles 1.2.2., 1.2.6.,
and 1.2.7., will be rejected.
Any Bids may be rejected pursuant to the City of Sebastian Purchase Regulations.
.. If the Bid Prices for several items of the work are unbalanced, the Owner shall have the right, in
its own best interests, to consider the Proposal irregular and accordingly reject the same.
The Owner may reject any or all bids not in accord with the Advertisement of Bids, or for any
other irregularities, or may reject any or all bids if the price of work or materials is excessively
above the estimated cost, or for any other cause.
Proposals which are deemed by the Owner to be incomplete, conditional, or obscure, or which
contain additions not called for, erasures, alterations, or irregularities of any kind, may be
rejected.
The Owner reserves the right to waive any informalities in the bids received, to award the
Contract only to a Bidder experienced in this class of work, whose proposal is deemed by the
Owner to be most advantageous to the Owner's interests, and to reject any and all bids for any
_ reason whatsoever. The provisions of Specifications are made for the benefit of the Owner and
no right shall be deemed to accrue to any person making a Proposal by reason of the submission
of any Proposal hereunder or by the waiver or non -enforcement of any provisions or
requirements of the Specifications.
Proposals may be rejected if received from Bidders who have performed work previously for the
Owner in an unsatisfactory manner, and if the Engineer, in his sole discretion, deems it advisable
to do so in the interest of the Owner.
1.2.10. Laws and Other Requirements
Attention is called to Articles 1.6.3., 1.6.4. and 1.6.5., relating to Observance of Laws, Federal
Aid, and Permits and Licenses, and to Articles 1.4.7., 1.4.8. and 1.4.9., relating to Materials and
.. Equipmem, Superintendence and Workers, and Construction Equipment.
1.2.11. Familiarity with Work
It is the obligation of the Bidder to ascertain for himself all the facts concerning conditions to be
found at the location of the Project, including, but not limited to, means of access and all
physical characteristics above, on and below the surface of the ground, to fully examine the
Plans and read the Specifications, to consider fully these and all other matters which can in any
way affect the work under the Contract and to make the necessary investigations relating thereto,
and he agrees to this obligation in the signing of the Contract. The Engineer or Owner assumes
no responsibility whatsoever with respect to ascertaining for the Contractor such facts
concerning physical characteristics at the site of the Project. The Contractor agrees that he will
make no claim for additional payment or extension of time for completion of the work or any
other concession because of a misinterpretation or misunderstanding of the Contract, on his part,
or of any failure to fully acquaint himself with all conditions familiar with the work as described
above. There is no existence, on the part of the Owner, of any obligation or responsibility to
make any adjustments as referenced above. It is the responsibility of the Contractor to consider
the potential for subsurface or latent physical conditions at the site when preparing his bid.
The Bidder shall have satisfied himself that he can secure the necessary labor and equipment;
., that the materials and equipment he proposes to use will comply with the requirements therefore
and can be obtained by him in the quantities and at the time required; that he can secure the
required insurance with special endorsements, and the Contract Bond; and that he can otherwise
comply with the requirements of the Contract.
1.2.12. Subsurface Conditions
Subsurface information may have been obtained for the Project for engineering design purposes.
This information may also have been used in the preparation of estimates of quantities for
bidding purposes. However, it is the obligation of the Bidder to make his own investigations of
subsurface conditions prior to submitting his Proposal. The Bidder should review all available
subsurface information, including, but not limited to, boring logs, core recovery, test results and
' soil reports. The Bidder's review should be in great detail through qualified and experienced
representatives, and the Bidder, if not satisfied with the extent of available information, should,
.. at his own expense, make an independent investigation, which may include additional borings,
as deemed necessary by the Bidder. If additional time is required for such investigations, he
should notify the Engineer and request an extension of the bidding date, but the Engineer shall
not be obligated to grant the additional time requested.
The determination of subsurface materials and conditions to be encountered is a matter of
,. judgment and opinion based on the interpretation of information available. Information
available to the Engineer or Owner will be made available to the Bidder upon request.
1.2.12. Subsurface Conditions (Cont'd)
Subsurface information obtained by the Engineer or Owner, made available to the Bidders, is not
guaranteed by the Engineer or Owner in any respect. The information is made available to
Bidders, who shall make their own independent determination as to what value to assign to this
information. The information is presented in good faith, but is not intended as a substitute for
personal investigations, interpretations or judgment of the Bidder. Except as may be otherwise
^� provided in the Contract documents, the risk of encountering unexpected subsurface conditions
shall be home by the Contractor.
Any estimate or estimates of quantities shown on the Plans or in the form of proposal, based on
any available boring logs, core recovery, test results, soil reports or any other subsurface
investigations, are in no way warranted to indicate the true quantities. The Contractor agrees
.. that he will make no claim against the Engineer or Owner, if the actual quantity or quantities do
not conform to the estimated quantity or quantities, except in accordance with the provisions of
Article 1.8.4.
1.2.13. Differing Site Conditions
The Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in
writing of : (1) subsurface or latent physical conditions at the site differing materially from those
indicated in this Contract, or (2) unknown physical conditions at the site, of an unusual nature,
differing materially from those originally encountered and generally recognized as inherent in
work of the character provided for in this Contract. The Engineer shall promptly investigate the
�. conditions, and if he finds that such conditions do materially so differ and cause an increase or
decrease in the Contractor's cost of, or the time required for, performance of any part of the work
under this Contract, whether or not changed as a result of such conditions, equitable adjustment
shall be recommended to the Owner and if approved, the Contract modified in writing
accordingly.
No claim of the Contractor under this clause shall be allowed unless the Contractor has given the
notice required in the paragraph above.
1.2.14. Sales and Use Tax Acts
., Bidder will make his own independent analysis of the Florida Sales and Use Taxes and the
applicability or non -applicability thereof to the materials, supplies and services to be provided
and performed under and as part of the Contract work. All taxes are to be included in the unit
prices bid or lump sum bid. No separate payment of taxes will be made.
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1.2.15. Pre -Bid Conference
.. A mandatory pre-bid conference will held at the date, time, and location as stipulated in the
Invitation to Bid.
,. Such meeting shall serve the purpose of allowing the Owner, the Engineers, all prospective
Bidders and other interested parties to discuss this Project.
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The Contract Drawings show the Owner's property, if any, which the Owner will furnish the
Contractor and other Contractors during the Construction of the work.
The Contractor may use the areas shown on the Contract Drawings for the receipt and storage of
materials and the construction of such plant as is necessary in connection with his operations.
Upon completion of the work under this Contract, all such construction shall be removed and the
_ property restored to a condition satisfactory to the Owner.
The Bidder shall ascertain the adequacy of the areas for his facilities and the available means of
access to the site. The Contractor shall make arrangements for such additional working area or
access as he may require for his operations, at no cost to the Owner.
1.2.17. Indemnification
The Proposer shall indemnify and save harmless the CITY, its officers, agents and employees,
from or on account of any injuries or damages, received or sustained by any person or persons
during or on account of any operations connected with the construction of this Project or by or
in consequence of any negligence (excluding negligence of CITY), in connection with the same;
or by use of any improper materials, or by or on account of any act or omission of the said
PROPOSER or his sub -contractor, agents, servants, or employees. PROPOSER agrees to
indemnify and save harmless the CITY from all such claims and fees, and from any and all suits
and actions of any name and description that may be brought against CITY on account of any
claims, fees, royalties, or costs for any invention or patent, and from any and all suits and
actions that may be brought against the CITY for the infringement of any and all patents and
rights claimed by any person, firm or corporation.
The indemnification provided above will obligate the PROPOSER to defend at its own expense
or to provide for such defense, at the Owner's option, any and all claims of liability and all suits
and actions of every name and description that may be brought against the Owner which may
result from the operations and activities under this Contract whether the construction operations
be performed by the PROPOSER, sub -contractor or by anyone directly or indirectly employed by
either.
.. REQUIREMENT OF FLORIDA LAW THAT PUBLIC BUILDING
CONTRACTOR MUST RECORD PAYMENT AND PERFORMANCE BOND
IN THE PUBLIC RECORDS OF THE CITY
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1.2.17. Indemnification (Cont'dl
Because the City is exempt from the requirements of Florida Statutes Chapter 713, Mechanics
Liens, there is no requirement that a Notice Commencement be posted for City Construction
projects. However, under the requirements of Chapter 255, Florida Statutes, contractors are
required to execute a Payment and Performance Bond for 100% of the project, to deliver the
bond to the public owner, and to record the bond in the proper Public Entity.
Any claimant against the bond may apply to the City for copies of the contract and bond and
must be furnished with a certified copy of the contract and the bond.
The bonds then will be forwarded to City from the record section within three days (working
days). Failure to do so will be reason for rejection.
1.2.18. Base Plans
The surveying services for the project design and preparation of base plans associated with this
Contract have been prepared by Masteller, Moler & Reed, Inc., 2205 14th Avenue, Vero Beach,
Florida, 32960.
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SECTION 3
CONTRACT AND SUBCONTRACT PROCEDURE
1.3.1. Award of Contract
Award, if made, will be to the lowest, responsible Bidder whose Proposal conforms in all
respects to the requirements stated herein. The award shall not be binding upon the Owner until
the Contract has been executed by the Owner, nor shall any work be performed on account of the
proposed Contract until the Contract has been duly executed and delivered. All Bidders whose
Proposals are rejected will be notified in writing of the action taken by the Owner.
1.3.2. Progress Schedule
Within ten (10) calendar days of the date of award of the Contract, the Contractor shall furnish a
progress schedule, satisfactory to the Engineer, showing the times he intends to commence and
complete the various work stages and operations and the principal items of work included in the
Project, and the quantity and kinds of equipment and character of labor force which he intends to
use.
Such information and comment is required in order to safeguard the Owner's interest, but it shall
in no way relieve the Contractor of his obligations or responsibility for the safe and proper
conduct of the Work. The method of procedure shall be that best adapted to the efficient, safe
and expeditious execution of the Work.
If, in the opinion of the Engineer or his authorized representative, the progress schedule, as
submitted by the Contractor, does not provide adequate plans, or does not take adequate
consideration of climatological or other factors which may delay the progress of the Work, or for
any other reason does not provide a reasonable expectation of time completion of the Work in
.. accordance with the completion dates given in the Specifications, the Engineer may return the
proposed project schedule to the Contractor for revision and resubmission.
The Contractor shall cooperate with the Engineer or his authorized representative, and make
available all information pertinent to the developing of the schedule. The schedule will be the
plan to which Work progress will be compared for evaluation.
This schedule, when approved by the Engineer will become part of the Contract.
In the case of a lump sum bid, the Contractor will furnish the Engineer a project cost breakdown
at the same time that the progress schedule is submitted. The project cost breakdown will be
prepared in sufficient detail listing project components in order that the cost breakdown can be
used as a guide in preparing monthly payment certificates by comparing actual construction
progress with the cost breakdown list. The cost breakdown list should also parallel the
description of work to be performed as detailed on the progress schedule.
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1 3 3. Time of Award: Return of Bid Security
The Bidder shall maintain the bid as valid and the Owner shall award a contract or reject all bids
within ninety (90) days after receipt and opening of bids or within such time as may be
specifically stated elsewhere in the Specifications.
The Bid Security of the three (3) lowest Bidders will be returned within three (3) days after
award of Contract and approval of the Contractor's performance Bond, Sundays and Holidays
excepted. The Bid Security of all other Bidders will be returned within ten (10) days from the
date of the bid opening, Sundays and Holidays excepted.
1.3.4. Payment Bond
Within ten (10) calendar days of the date of award of the Contract, the Bidder whom the
_ Contract has been awarded shall furnish and deliver a Payment Bond, satisfactory to the Owner.
The bond shall be for a sum of not less than the Total Price bid for the Project and shall be
maintained by the Contractor until acceptance of the Project, and in the event of insolvency of
the Surety, the Contractor shall forthwith furnish and maintain, as above provided, other Surety
satisfactory to the Owner.
1.3.5. Execution of Contract
Within ten (10) calendar days of the date of award of the Contract, the Bidder to whom the
Contract is awarded shall execute and deliver the necessary documents entering into the Contract
with the Owner. Payment and Performance Bonds for the total amount bid shall have been
., firrnished, executed and delivered before the Contract will be executed by the Owner.
At the time of execution of the Contract, Contractor shall deliver the following documents to the
Owner:
a) proof, satisfactory to the Owner, of the authority of the person or persons executing the
Contract and Payment and Performance Bonds of the Contractor;
b) satisfactory evidence of all insurance coverage prescribed by the Contract Documents;
c) proof of current corporate status and certificate of authority to transact business in the
State where the Work is to be performed and/or designation of a proper agent(s) in the State
where the Work is to be done, upon whom service may be made in the event of litigation, if
Contractor is a non-resident thereof.
., In case the Surety named in the Proposal is not approved by the Owner, the Bidder naming such
sureties will be required, within five (5) calendar days or such further period as may be
prescribed by the Owner after notice of such disapproval, to substitute the name of another
Surety satisfactory to the Owner. Evidence of the right of the company or companies furnishing
the bonds to do business in Florida and the authority of the agents to execute the Bonds, will be
.. required.
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1.3.5. Execution of Contract (Cont'dl
The successful Bidder, at the time of signing the Contract, shall produce and file with the
Owner, a certificate evidencing that Bidder, if an individual, firm or partnership, has filed and
registered Bidder's trade name (or fictitious name) in the County and State wherein the work is
.. to be performed; or, if a foreign corporation, that Bidder is authorized to transact business in the
State (or States) wherein the work is to be performed.
�• The successful Bidder, at the time of the signing of the Contract, shall produce a certified copy
of corporate resolution or statement signed by all partners or the sole proprietor, setting forth the
name(s) and position(s) of the person or persons authorized to execute Contract modifications,
Change Orders, and/or monthly estimates on behalf of the Contractor.
_ 1.3.6. Failure to Execute Contract
Failure upon the part of the Bidder, to whom the contract has been awarded, to execute and
deliver the Contract, as provided in Article 1.3.5., and the Surety Corporation Bond, as provided
in Article 1.3.4., in the manner and within the time provided, shall be just cause for annulment of
the award and for the exclusion of the Bidder from bidding on subsequent projects, at the
Owner's discretion. It is understood and agreed by said Bidder, that if the award is annulled for
the above persons, the certified check or bid bond, as described in Article 1.2.6., shall become
the property of the Owner, not as a penalty, but as liquidated damages.
1.3.7. Subletting and Assigning Contract
The Contractor shall not sell, transfer, assign, hypothecate or otherwise dispose of the Contract
to any other party. The Contractor shall perform with his own organization, and with assistance
of workers under his immediate superintendence, work amounting to not less than 50% of the
•. Total Price Bid for the Project, exclusive of specialty items not commonly found in Contracts for
similar work or which require highly specialized knowledge, craftsmanship or equipment, not
ordinarily available in the organization of contractors performing work of the character
embraced in this Contract. Specialty items, if any, shall be as set forth in Section 9 of these
Specifications. Where the value of the work to be sublet is $25,000 or more, subletting will be
permitted only to subcontractors pre -qualified with the Owner and Engineer as described in
Article 1.2.2.
Subject to the written consent of the Owner and Engineer, work may be sublet. It is understood,
however, that any written consent of the Owner or Engineer for the subletting of any of the work
of the Contract, in no way relieves the Contractor from his full obligations under the Contract.
The written consent to sublet any part of the work shall not be construed to be an approval of the
said subcontract or of any of its terms, but shall operate only as an approval of the Contractor's
request for the making of a subcontract between the Contractor and his chosen subcontractor.
1 3.7. Subletting and Assigning Contract (Cont
The subcontractor shall look only to the Contractor for the payment of any claims of any nature
whatsoever arising out of the said subcontract, and said subcontractor agrees, as a condition of
the Owner's consent to the making of said subcontract, that he shall make no claim whatsoever
r., against the Owner, Engineers or his agents, or employees for any other cause whatsoever that
may arise by reason of the relationship created between the Contractor and subcontractor unless
the proposed subcontractor furnishing a statement to the effect that said subcontractor is
., acquainted with all the provisions of the Contract and agrees thereto.
In order to sublet any part of the work, the primary Contractor must make application to, and
secure the written permission of the Owner and/or Engineer.
The application shall give the items proposed to be sublet by items number and name, and the
total value of the work proposed to be sublet.
The application shall be accompanied by a statement showing that the subcontractor to whom
the work is proposed to be sublet is particularly experienced and equipped for such work in
addition to all other information contained in Article 1.2.2.
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A pre -construction conference will be held at least five (5) calendar days prior to the
commencement of work. The exact time and place will be scheduled after the award of the
Contract, by the Engineer and the Contractor.
The agenda shall include, but not be limited to: review of the Progress Schedule, establish
procedures for handling Shop drawings and other submissions, processing Applications for
Payment and to establish a working understanding between all parties as to the Project, and its
implementation.
Present at the conference will be the Owner or his representative, Engineer or his representative,
the Contractor and other interested parties.
1.3.9. Notice to Proceed
Within fifteen (15) calendar days of the execution of the Contract, the Owner will issue to the
Contractor "Notice to Proceed" which includes the start date. After receipt of the Notice, the
Contractor shall proceed with submission of proposed shop drawings, catalog cuts and other data
_ pertaining to material and equipment required for the work. The Contract time will commence
effective on the date the "Notice to Proceed" is issued by the Owner. Construction operations
shall not begin until the Contractor has completed the proper requirements in accordance with
Articles 1.3.2. and 1.7.1.
SECTION 4
SCOPE OF THE WORK
SIR
1.4.1. Work to be Performed
The work of the Contract comprises the performance and completion of the Project, including
the furnishing of all materials, equipment, transportation, labor and all else necessary therefore
.. and incidental thereto, and final cleaning up as provided in Article 1.4.4., the payment of all due
obligations as provided in Article 1.8.5., and the replacing of defective work and materials as
provided in Article 1.8.7., all in accordance with the Plans and Specifications.
Plans and Specifications form an essential part of the Contract Documents and are intended to
cover the complete and proper execution of the entire Work. Any omission of the mention of
any of the detail work to be performed under each item does not relieve the Contractor from his
obligation to complete each and every item of work contracted for as shown on the Plans or
called for in the Specifications. Any detail of work called out on the Plans, but not called out in
the Specifications, or vice versa, any item of work or detail not called out on the Plans, but
called out in the Specifications, shall be considered the same as if called out in both the
Specifications and the Plans, which are mutually complementary in all cases.
1.4.2. Other Contractors
The right is reserved by the Owner to do work with its own employees or by other Contractors
and to permit public utility companies and others to do work, during the progress and within the
limits of, or adjacent to, the Project, and the Contractor shall conduct his work and cooperate
with such utility companies and others, so as to cause as little interference as possible with their
work, as the Engineer may approve. The Contractor shall and hereby does agree, to make no
claims against the Owner for additional payment due to delays or other conditions created by the
operations of such other parties. If there is a difference of opinion as to the respective rights of
the Contractor and others doing work within the limits of or adjacent to the Project, the Engineer
.. will decide as to the respective rights of the various parties involved in order to secure the
completion of the Owner's work in general harmony and in a satisfactory manner. The
Engineer's decision shall be final and binding on, and shall not be cause for claims by, the
Contractor.
The Contractor will be held responsible for damage to the work performed on the Contract that
may be caused by or on account of the work of his subcontractors or utilities companies
adjusting their facilities because of the project.
The Contractor will not be held responsible for damage to work performed on other contracts
within or adjacent to the site of the project that may be caused by or on account of the work of
.. other contractors or utility companies.
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1.4.3. Maintenance and Protection of Traffic
Highway Traffic: - When vehicular or pedestrian traffic, or both, is to be maintained over
existing highways or streets within the scope of the project, the Contractor shall plan and carry
., out his work to provide for the convenient and safe passage of such traffic.
.. Reference to the "Manual on Uniform Traffic Control Devices for Streets and Highways" in the
specifications, shall mean the current edition published by the U.S. Department of
Transportation, Federal Highway Administration, as currently amended.
Prior to construction, the Contractor shall obtain a City of Sebastian right-of-way permit. If
necessary, the Contractor shall submit a traffic control plan. All cost incurred relating to an City
of Sebastian right-of-way permit, traffic control plans and protection of traffic shall be the
responsibility of the Contractor.
Construction barriers and major warning and delineation devices shall be placed in accordance
with the construction barrier location plan, unless otherwise directed by the Engineer.
Prior to beginning construction work in any area or phase of the Project, the Contractor shall
erect or place those specified barriers, lights, signs, cones, and other warning and danger signals
and devices which the Engineer deems adequate and appropriate for that particular area or
phase. Traffic control devices shall conform to the Plans and Specifications and to the Manual
on Uniform Traffic Control Devices of the Federal Highway Administration
Traffic control devices shall be placed and maintained in good and clean condition where shown
on the plans or directed by the Engineer. Traffic control devices once delivered to the Project,
shall be moved to other locations as directed, or stored as required, until such time as the
Engineer determines that they are no longer required on the Project. At such time, they will
become the property of the Contractor to be disposed of by him, unless otherwise specified.
The signs shall bear no symbols or messages; and the supports, no signs, other than specified.
.. Signs shall be erected on good, substantial posts, with the bottom of the sign thirty inches (30")
above the ground so as to withstand normal winds, subject to the approval of the Engineer.
Signs, barricades, traffic cones, drums and electrical flasher units shall be established, relocated,
repaired and replaced in such manner and at such times and places as may be necessary for
adequate protection of vehicular and pedestrian traffic, subject to approval by the Engineer.
The Contractor shall provide sufficient watchmen and traffic directors and shall take all other
precautions, including any which may be ordered by the Engineer, that may be necessary for the
safety of the public and protection of the work. Watchmen shall patrol hourly and replace
missing or inoperable lighting units.
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1.4 .3. Maintenance and Protection of Traffic (Cont'd)
The Contractor shall not perform any construction work above vehicular or pedestrian traffic
unless there be explicit provision therefor in the Supplementary Specification or specific, written
permission by the Engineer. Subject to such provision or permission, the Contractor shall
provide the necessary devices and means to protect such traffic from falling construction
materials and other projects, and from painting operations, during the time that construction
., work is carried on above traffic. Before starting work on bridge spans or other operations above
traffic, the Contractor shall obtain the Engineer's approval of the precautions he intends to take
for the protection of traffic. However, Engineers approval in no way affects the Contractor's full
'* responsibility for the protection of traffic.
Work which closes or alters the use of existing roads and streets shall not be undertaken until
adequate temporary or permanent provisions for traffic have been provided or arranged for by
the Contractor and such provisions have been approved by the Engineer.
Where it is necessary for pedestrians to cross, or walk within the limits of the Project, the
Contractor shall provide, without specific or additional compensation therefore, adequate
_ temporary sidewalks of soil aggregate, stone or slag screenings or other suitable material and
shall maintain them in a condition acceptable to the Engineer.
Within ten (10) calendar days after notice to the Contractor of the award of the Contract, he shall
submit, in writing, for approval of the Engineer, a plan of the methods, facilities and devices he
proposes to use for the maintenance and protection of traffic.
Wherever traffic lanes are to be maintained, such traffic lanes are to be not less than ten (10')
feet in width in each direction and shall be delineated with solid yellow traffic stripes six (6")
.. inches wide.
The means provided for the maintenance of traffic shall be removed upon completion of the
work and any damage done to public or private property shall be made good by the Contractor at
his own expense.
The cost of maintenance and protection of traffic as described above will not be paid for under
any specific item, but the cost thereof shall be included in the prices bid for various items
scheduled in the Proposal, unless a separate pay item has been included by the Engineer.
Where the Project includes work across, over, under or adjacent to railroad tracks or railroad
right-of-way, the Contractor shall safeguard the traffic, tracks and appurtenances and other
property of the railroad affected by his work. He shall comply with the regulations of the
railroad company relating to the work, shall keep the tracks clear of obstruction, shall provide
barricades, warning signs, light, and other danger signals and means of protection, and shall
arrange with the railroad company for the furnishing of watchmen and flagmen and other
protective service that may be required by the railroad company. The Contractor shall arrange
.. with the railroad company for direct payment to the company watchmen, flagmen, and other
protective service which it may require.
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1.4 .3. Maintenance and Protection of Traffic (Cont'd)
In addition to any other insurance or bonds that may be required under the Contract, the
Contractor shall carry insurance covering the work to be performed on, over, or under railroad
property, when and as prescribed in the Supplementary Specifications.
During any suspension, the Contractor shall make passable and shall open to traffic, such
portions of the Project and temporary roadways or portions thereof, as may be agreed upon
between the Contractor and the Engineer for the temporary accommodation of necessary traffic
during the anticipated period of suspension. Thereafter, and until an issuance of an order for the
^ resumption of construction operations, the maintenance of the temporary route or line of travel
agreed upon, will be by and at the expense of the Owner. When work is resumed, the Contractor
shall replace or renew any work or materials lost or damaged because of such temporary use of
the Project; shall remove to the extent directed by the Engineer any work or materials used in the
temporary maintenance thereof by the Owner, and shall complete the Project in every respect as
though its prosecutions had been continuous and without interferences. All additional work
caused by such suspensions, for reasons beyond the control of the Contractor, will be paid for by
the Owner at contract prices or by supplemental work.
1.4.4. Final Cleaning Up
As the work progresses, all debris, rubbish, refuse and all unused materials and tools shall be
removed promptly from the site. Before the final acceptance of the Project, the Contractor shall
remove all equipment, temporary work, unused and useless materials, rubbish and temporary
.. buildings, shall repair or replace, in an acceptable manner, fences or other private or public
property which may have been damaged or destroyed on account of the prosecution of the work,
shall fill all depressions and water pockets on public and private property caused by his
operations, shall remove all obstructions from waterways caused by his work, shall clean all
drains and ditches within and adjacent to the site of the Project which have been obstructed by
his operations, and shall leave the site of the Project and adjacent public and private property in
a neat and presentable condition whenever his operations have disturbed conditions existing at
the time of starting work. If directed by the Engineer, the Contractor shall procure and submit to
the Engineer, signed statements from property owners affected, that he has fulfilled his
^ obligations in the matters enumerated above with regard to their respective properties.
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1.4.4Final Cleaning Un (Cont'd)
The Contractor shall remove all silt and other deposits from all culverts, inlet, outlet and parallel
ditches, and other drainage structures, including stream channels. The Contractor shall also
clean and remove from the Project and adjacent properties, including waste and borrow areas, all
surplus and discarded materials, equipment and temporary structures, and shall further remove
all debris and objectionable materials of any kind from areas used or disturbed by the
construction operations within, or within sight of, the roadways. Waste and borrow areas shall be
seeded and mulched as specified in Section 570 of FDOTSS.
All grass and vegetation within the slope limits as constructed by the Contractor, including waste
and borrow areas, shall be mowed by him and he shall leave the site in a presentable condition
throughout, satisfactory to the Engineer.
Payment for final cleaning up and restoration of property, as above provided, will not be made
under any specific item, but the cost of this work shall be included in the prices bid for the
various items scheduled in the Proposal.
1.4.5. Field Office
If required by the Supplementary Specifications, the Contractor shall provide and maintain, in
good condition, for the exclusive use of the Engineer, one or more of the hereinafter described
construction field offices at a location or locations to be approved by the Engineer. The number
of field offices shall be as designated in the Supplementary Specifications or Proposal.
The office shall be of weatherproof construction having a floor space of no less than 288 SF,
located on or in the immediate vicinity of the Project. The office shall be provided with
sufficient natural and artificial light and shall be adequately cooled and/or heated. Doors and
windows shall be equipped with adequate locks, and all keys shall be in the possession of the
Engineer. Suitable sanitary conveniences for the use of the Engineer, conforming to the
requirements of Article 1.4.6., shall be provided in or adjoining the field office or offices which
shall be maintained clean and in good working condition, and shall be stocked with lavatory and
sanitary supplies at all times during the period of the Contract. If a field office is not required,
these conveniences shall be provided at a location directed or approved by the Engineer. The
office shall be equipped with tables and chairs for the use of four (4) people and shall have
sufficient drawers for the standard size plans, either attached to the tables or in cabinet form, one
(1) rough plan rack, one (1) supply cabinet, a minimum of five (5) gallons of potable water
maintained by the Contractor, one (1) dual cassette telephone answering machine, and one (1)
fire-resistant, (2) drawer legal size file cabinet meeting fire underwriters' approval for no less
than a 1 -hour test. The room also shall be provided with a desk and chair. Parking spaces for
two (2) full-size vehicles shall also be provided within the immediate vicinity of the office.
The Contractor will provide for the installation of telephone facilities in the field offices.
However, only the minimum monthly service charge and work related toll charges will be paid
by the Contractor.
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1.4.5. Field Office (Cont'd)
In lieu of the field office or offices specified above, the Contractor may provide equivalent office
space, equipment and facilities subject to approval of the Engineer.
The field office shall be ready for use no later than ten (10) calendar days after the date of
mailing the fully executed Contract and before any other work is started, shall be maintained by
the Contractor until one (1) month after final acceptance of the Project by the Engineer and
Owner, and then shall be removed.
Payment for field office will not be made under any specific item, but the cost of this work shall
be included in the prices bid for various items scheduled in the Proposal, unless a separate pay
item has been included by the Engineer.
1.4.6. Sanitary Provisions
The Contractor shall provide and maintain, in a neat and sanitary condition, properly secluded
accommodations for himself and his employees, complying with the regulations of the State
Department of Health and other bodies having jurisdiction. Necessary conveniences, properly
secluded, shall be provided and maintained for the use of the Engineer, satisfactory to the
Engineer and sanitary authorities. The cost of sanitary conveniences for the Engineer and the
cost of accommodations for the Contractor and his employees shall be included in the prices bid
for the various items scheduled in the Proposal.
1.4.7. Materials and Equipment
.. General - All materials for the Project shall be furnished by the Contractor, unless otherwise
specifically prescribed. They shall conform to the Plans and Specifications, and shall be from
approved sources. Only materials which have been approved by the Engineer shall be used.
.. Within twelve (12) hours after receiving a shipment of materials, the Contractor shall advise the
Engineer of the kind, size, quantity and location thereof.
Quality and Source of Equipment - All equipment for the Project shall be furnished by the
Contractor, unless otherwise specifically prescribed. The equipment shall conform to the Plans
and Specifications and shall be from approved sources or manufacturers. Only equipment which
has been approved in writing by the Engineer shall be used.
.. The naming of specific materials, equipment etc., is for the purpose of establishing a basis of
quality and performance. Alternate or substitute materials, equipment, etc., may be considered
by the Contractor, provided they are acceptable to the Engineer. The acceptance procedure for
substitute or alternate material, equipment, etc., is set forth on the last page of this Article.
Should an alternate or substitute material, equipment, etc., be approved by the Engineer, the total
cost of any changes, alterations or modifications to the Project, Plans, etc., resulting from its use,
shall be the responsibility of the Contractor and performed to the satisfaction of the Engineer.
Quality and Source of Materials - All materials for this Contract shall be new materials, unless
otherwise specifically provided, and shall be approved by the Engineer.
1.4 .7. Materials and Equipment (Cont'd)
The Contractor shall, within ten (10) calendar days after the date of execution of the Contract by
the Owner, inform the Engineer, in writing, from whom and where he proposes to obtain the
materials required and advise the Engineer accordingly. Submission of the source of supply of
each of the materials to be incorporated into the Work shall be made to the Engineer for
approval, preferably before delivery of such material is started. Subsequent to the submission of
.. this initial list of sources of supply, the Contractor shall notify the Engineer of new sources of
supply in advance of the proposed shipment of materials from such new sources. The approval
of the Engineer may be withdrawn, at any time, when it appears to the Engineer that the
materials no longer conform to Contract requirements, after giving such approval.
Approval by samples alone may be permitted by the Engineer only so long as the material
conforms to the samples approved and it can be furnished at the time and in the quantity required
by a producer equipped to furnish it in uniform quality and composition. Approval for a specific
case or use does not imply approval for other cases or uses. Approved materials which appear
.. defective when received, or which may have become damaged in any manner, shall not be used
until re -tested and re -approved.
All materials proposed to be used may be inspected or tested at any time during their preparation
and use. If, after trial, it is found that sources of supply which have been approved do not
furnish a uniform product, or if the product from any source proves unacceptable at any time, the
Contractor shall furnish approved material from other approved sources.
.. No material which, after approval, has in any way become unfit for use shall be used in the
Work.
., Orders for materials shall give detailed description of them and their intended use, manner of
shipment, proposed delivery date and shall state the official designation of the work on which
they are to be used. Duplicates of orders (except for prices) shall be furnished by the Engineer at
the time the order is placed, if requested by the Owner.
_ Material delivery slips shall show such information as may be prescribed by the Engineer.
In any item of construction, the sources, brands or types of material shall not be changed without
the consent of the Engineer. Unless otherwise directed by the Engineer, the Contractor's request
for such changes shall be filed with the Engineer thirty (30) days in advance of such changes.
The Contractor's notice shall state the name and address of the supplier, the location of the
proposed source, the method of shipment and the intended use of the material. The Contractor
shall also furnish this information for all materials whenever he places an order therefore.
01M The foregoing provisions shall apply with regard to requests by subcontractors for the sources of
the materials they propose to use, such requests to be submitted through the Contractor.
..
1.4 .7. Materials and Equipment (Cont'd)
Commercial Articles - For the purpose of concisely indicating the standard of the requirements
as to type, quality, design and finish, certain materials may be specified as named commercial
�+ articles, or approved equal, and in such case other makes of equal grade, suitability, availability
and finish may be offered by the Contractor, but submitted only if approved by the Engineer.
Sampling and Testing Materials - All materials furnished by the Contractor, the subcontractors
& suppliers for use in connection with the work, are subject to test, or visual inspection if testing
_ is not required, for verification as to conformance to Contract requirements.
In general and unless otherwise provided, representative samples of materials to be tested or
inspected by the Owner will be selected at random by the Engineer or his Inspectors from
sources or supplies provided by the Contractor. The Contractor shall provide samples, at no cost
to the Owner, and shall furnish all necessary assistance to the Engineer or Inspector in selecting
the samples. The Owner reserves the right to order that representative samples of certain
materials be delivered to the Engineer, Inspector or to the Owner's laboratory.
.. Samples required to be fiunished or made available by the Contractor shall also be furnished or
made available by the Contractor's suppliers of materials whenever tests and inspections are
made at plants, quarries, mills, foundries, warehouses, shops or other point of manufacture,
.+ treatment, fabrication, assembly or storage.
Samples of materials, units of manufactured items and prototypes shall be furnished in such
quantities and numbers as may be required for establishing quality, classification, suitability,
verification or performance and mix formulation.
Whenever the Contract Specification, or other specifications referred to therein, require that
tests be performed by the manufacturer of the material or by a laboratory of the Contractor's
selection, the cost of such tests shall be bome by the Contractor. Tests performed by the Owner
will be made at the expense of the Owner.
., Methods of test shall be those prescribed or referred to in the Specifications for the various
materials. If no methods of test are provided for in the Specifications for a particular material,
the material shall be tested in accordance with an appropriate A.A.S.H.T.O. method or, if there
is no appropriate A.A.S.H.T.O. method of test, such material shall be tested in accordance with
an appropriate A.S.T.M. method of test.
.. Storage of Materials - Materials shall be stored or stockpiled so as to insure preservation of their
quality and fitness for the work. Material liable to damage or change in quality by the elements
shall be stored in proper structures, or in such other manner as may be necessary to protect them
from damage. Materials shall be kept clean and free from foreign matter of any kind, before,
while and after being placed in the finished work, and provisions necessary therefore shall be
made by the Contractor.
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1.4.7. Materials and Equipment (Cont'd)
Metalwork shall be stored on skids or otherwise placed above ground and protected against
contact with rising water or mud.
Unless otherwise directed, granular materials shall be stockpiled on hard, clean surfaces, shall be
placed in neat stockpiles and when so required, shall be suitably covered.
The locations for the methods of storing materials shall, at all times, meet with the approval of
the Engineer. Any materials improperly stored will not be approved for use.
Source of Materials and Equipment
A. Agreement: The Contractor agrees that only domestic construction materials and
equipment, unless otherwise specified, will be used (by the Contractor, subcontractor,
_ material people and suppliers) in the performance of the Contract.
B. Domestic Construction Material: "Construction Material" means any article, material or
supply to the construction site for incorporation in the work. An un -manufactured
construction material is a "domestic construction material' if it has been manufactured in
the United States and if the cost of its components which have been mined, produced or
manufactured in the United States, exceed 50% of the cost of all its components.
"Components" means any article, material or supply directly incorporated in a construction
material.
C. Domestic Component: A component shall be considered to have been "mined,
produced or manufactured in the United States" (regardless of its source in fact) if the
article, material or supply in which it is incorporated was manufactured in the United States
and the component is of a class or kind determined by the Owner to be not mined, produced,
or manufactured in the United States in sufficient and reasonable available quantities and of
a satisfactory quality.
Substitutions - Wherever on the drawings and in these Specifications materials or equipment
have been specified by using the name of the proprietary product or manufacturer or vendor, the
term "or equal' is always understood to follow immediately after the name of the manufacturer,
.. vendor or proprietary products. The materials or equipment so specified have been selected as
being most suitable for the service anticipated and will be regarded as standard. This is not
done, however, to eliminate others equally as good and efficient. The Contractor should prepare
his bid on the basis of the particular equipment and materials specified. The awarding of the
Contract will constitute a contractual obligation on the part of the Contractor to furnish the
specified equipment and materials.
1.4.7. Materials & Equipment
Source of Materials and Equipment(Cont'dl
.. Should the Bidder desire to submit, for consideration, an unspecified product or products as
equal to those specified, the Bidder shall furnish, as detailed below, a listing of any products he
proposes to incorporate in the work other than those specified herein by manufacturer's name.
This listing shall be accompanied by descriptive information for each unspecified product or
products, including, as applicable, detailed drawings and Specifications, certified operation data
and experience records. The Owner reserves the right to reject any unspecified product or
products submitted which require changes in design, construction or other changes which may
increase the contract price for the performance of any of the separate contracts of the Project.
The alternate product or products submitted by the Bidder shall meet the requirements of the
Specifications and shall, in all respects, be equal to the products specified by name herein and
shall be approved by the Engineer.
The Engineer shall be in receipt of all substitution submittals at least twelve (12) working days
prior to receipt of bids in order to evaluate the items and notify all Bidders.
All Contractors on the list of Bidders shall be notified by certified mail of the approved list of
substitute manufacturers which will be mailed no later than six (6) working days before the
receipt of bids. No additional substitution request will be entertained by the Engineer after the
letter has been sent.
.. The Contractor shall not consider or use any substitute items which have not been pre -qualified
and are not included in the letter containing the approved list of substitutes.
The Contractor shall be responsible for any and all additional costs associated with redesign,
redrawing, re-engineering and revisions to other contracts resulting from the use of the approved
substitute.
All material for approval as a substitute shall be submitted by the bidding Contractor.
14.8. Superintendence and Workers
Contract Supervision - The Contractor shall maintain an office near the site with adequate
provision for receiving and delivering messages, at all times, from start until completion of the
work. He shall, at all times when the work is in progress, keep a competent representative or
superintendent on the work site who shall have full authority to receive and execute orders.
Complete copies of Plans and Specifications shall be kept at such office at all times and
individual copies of drawings shall be kept at locations where they apply.
The Contractor shall make available to the Engineer and Owner, a means for (24) hours per day,
(7) days per week contact with his organization, through an emergency telephone number with at
.. least one alternate, to be supplied to the Engineer and Owner at least ten (10) days prior to the
commencement of work on the Project. These numbers shall be kept current and up-to-date.
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1.4.8. Superintendence and Workers (Cont'd)
,. The Contractor shall give the work constant attention necessary to facilitate the progress thereof
and shall cooperate with the Engineer and with other Contractors authorized to perform work
adjacent to or within the physical limits of the Contract.
The Contractor shall furnish the Engineer and Owner and his Inspectors with every reasonable
facility for ascertaining whether or not the work is being done in accordance with the
requirements of the Contract.
The Contractor shall fumish, construct and maintain whatever may be necessary of walkways,
platforms, ladders, stairways and other facilities of usual and suitable character and adequate
strength to provide properly for all operations of construction and inspection of work under the
_ Contract.
Workers - The workers shall be competent and shall perform their work in a neat and
workmanlike manner. Any worker not properly qualified for his work or who is doing it in an
unsatisfactory manner or contrary to the Specifications or the Engineer's instructions, or who is
disorderly, shall be discharged, if so requested by the Engineer, and shall not be employed again
on the Project except with the approval of the Engineer. The superintendence and the number of
workers shall be sufficient, in the opinion of the Engineer, to insure the completion of the
Project with the time stipulated therefore.
1.4.9. Construction Equipment
,. Good equipment only shall be used, and it shall be in proper working condition. Sufficient
equipment shall be used to insure the completion of the Project within the time specified. The
equipment shall be operated so as not to damage public or private property. When a specific
type or character of equipment is called for it shall be provided and used. All equipment shall be
subject to the approval of the Engineer.
The Engineer shall have the right to reject or condemn any piece of plant, apparatus, staging or
other appliance which, in his opinion, is improper or inadequate, but whether the Engineer
exercises this authority or not, the Contractor shall not be relieved from his sole responsibility
for the safe, proper, and lawful construction, maintenance and use of such plant, apparatus,
staging, or other appliance.
If, in the opinion of the Engineer, the rate of progress of the work is not such as to insure its
completion within the Contract time, the Engineer shall have the right to recommend that the
Contractor employ more workers or increase his plant, and the Contractor shall forthwith comply
with these recommendations, at the expense of the Contractor.
If the Contractor or his subcontractors do not own all or part of the equipment required, a written
statement shall be submitted by the Contractor or his subcontractors, respectively, of the name
and address of the owner or owners, stating that an agreement has been made to lease or loan the
.. equipment and that in event of default, as set forth in Article 1.7.6., the Owner has the right to
take over and use such equipment or cause it to be used for completing the Project.
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1.4.10. Working Site
r
Any space that the Contractor may require for plant, equipment, storage or other purposes, in
addition to that available therefor at the site of the Project, shall be procured by the Contractor
and the cost thereof shall be included in the prices bid for the various items scheduled in the
Proposal or Lump Sum bid. In the event of default as set forth in Article 1.7.6., the Owner has
the right to take over and occupy such space, or cause it to be occupied, for the purpose of
completing the Project, at the Contractor's expense. If leased, the lease shall contain a provision
that in event of default by the Contractor, the lease may be assigned to the Owner or its nominee,
at the Owner's or its nominee's option, and copies of all such leases shall be provided to the
Owner. The Contractor agrees in event of said default, that he will make such assignment.
Building, fences, and miscellaneous temporary structures erected by the Contractor shall be
r neat in appearance and acceptably painted. No advertising matter, other than Contract
information and the name and address of the Contractor shall be displayed on the work. All such
advertising, its location and size, shall be subject to the approval of the Engineer.
The Contractor shall provide his own access to the site of the work. Any roadways or other
.. facilities required for this purpose shall be constructed and finally removed by the Contractor at
his own expense.
r All open excavations and other hazardous areas shall be safeguarded by the Contractor to the
satisfaction of the Engineer by providing temporary barricades, caution signs, lights, and other
means to prevent accidents to persons and damage to property.
The Contractor Shall provide adequate lighting, at his own cost and expense, such as to permit
proper workmanship and inspection on all operations which may be performed during hours of
darkness.
M 1.4.11. Contractor's Organization
The working force, equipment and working site, provided by the Contractor for the Project, shall
.. at all times be adequate and sufficient to insure the completion of the Project within the time
stipulated therefor. When, in the opinion of the Engineer, either the working force, the
r equipment at the working site, or any or all of them, are inadequate or insufficient to insure
completion within said time, the Engineer may order the Contractor to correct the deficiency,
and the Contractor shall comply with such order.
.. The Contractor and his subcontractors shall not engage, on a full or part-time or other basis
during the period of the Contract, any of the professional or technical personnel of the Engineer's
office, or of any state, county or municipality, who are or have been at any time during the
period of the Contract, or for thirty (30) days prior to the award of the Contract, in the employ of
such public agencies, except regularly retired employees, without the written consent of the
.. employer of such personnel.
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M SECTION 5
W CONTROL OF THE WORK
1.5.1. Duties of Engineer
.. The Engineer will furnish Plans and Specifications and prepare monthly and final certificates as
provided in Article 1.8.5. He will give instructions necessary to attain due and full effect of the
.. provisions of the Specifications. Should any differences of opinion arise as to the meaning or
intent of the Plans and Specifications, his decision shall be final and conclusive. All materials
and work shall be subject to his inspection and acceptance provided, however, that his
acceptance of materials furnished or work performed does not commit the Owner to acceptance
thereof if said materials or work do not conform to the requirements of the Specifications.
This section shall not limit the right of the Engineer to inspect, evaluate and approve the work in
the best interest of the Owner.
1.5.2. Plans Specifications
Plans and Supplementary Specifications for the Project, and the Standard Specifications, form a
part of the Contract and are on file with the Engineer and Owner. One or more copies of the
,,. Plans and Specifications shall be kept at the site of the Project by the Contractor.
The successful bidder will receive three (3) copies of Plans and Specifications without charge,
., upon award of the Contract. Additional copies of Plans and Specifications may be purchased by
the successful bidder upon payment of the costs as noted in the Notice and Advertisement to
Bidders. Additional plans may be purchased upon payment of $2.00 per sheet. Specification
pages may be purchased upon payment of $0.25 per page with copy of one side.
On the Plans, figured dimensions shall govern in case of discrepancy between scaled and figured
dimensions. If any discrepancy is found between the Plans and Specifications, the Specifications
shall govern. If there is a discrepancy between the Standard Specifications and the
Supplementary Specifications, the requirements of the Supplementary Specifications shall
govern. The Engineer shall have the right to correct apparent errors or omissions in the Plans
and Specifications.
1.5.3. Working and Shop Drawings and Data
The Contractor shall prepare such working drawings as are necessary to show in detail the
temporary work and methods of construction he proposes to use. In order to satisfy the Engineer
that the plans and methods he proposes using in constructing the work will fumish a completed
structure in strict accordance with the Plans and Specifications, and within the time limit
required, the Contractor shall submit such plans to the Engineer for examination. Such
.� examination by the Engineer shall not relieve the Contractor of any of his responsibility to
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1.5.3. Working and Shop Drawings and Data (Cont'dl
complete the construction in strict accordance with the Plans and Specifications. For any
construction over thirty (30) feet above finished grade, erection drawings shall be provided and
show in detail or shall clearly describe temporary structures, falsework and general features and
capacities of erection equipment, and shall bear the name and seal of a Professional Engineer
registered in the State of Florida responsible for the design thereof.
The Contractor shall prepare, check and submit to the Engineer and Owner, for his review, such
detailed shop or working drawings of the permanent work as may be required for carrying out
the Project. These drawings will be checked by the Engineer and approved or returned for
correction, as promptly as the conditions will permit. The Engineer may reject drawings and
not complete the check or correction when, in his opinion, the drawing(s) submitted are poorly
drawn or of such quality as to require excessive and/or unusual effort for review and correction.
The Contractor shall order no materials or equipment and do no work relating to said drawings
before their approval. The carrying out of the work or the ordering of the materials or equipment
before the approval of the drawings may constitute a cause for rejection of such work, materials
or equipment. No deviations from approved working drawings shall be made without the written
approval of the Engineer.
Working drawings for steel structures shall consist of shop, erection and other drawings,
showing details, dimensions, sizes and other information necessary for the complete fabrication
and erection of the metalwork. Shop drawings for steel structures shall include a shop bill of
materials on each individual drawing showing all pertinent information, including weights of all
items, together with the total weight of metal for the shop drawing.
Working drawings for concrete structures shall consist of any additional detailed drawings,
sketches and data sheets as may be required for the prosecution of the work, such as reinforcing
bar lists, bending diagrams, drawings of falsework, bracing, centering and formwork, cofferdams
and masonry layout diagrams. The Contractor shall check completely the rod lists and details of
reinforcement steel shown on the Plans and shall submit complete working drawings for the
reinforcement steel to the Engineer for his approval.
It is expressly understood that the approval by the Engineer of the Contractor's working drawings
relates to the requirement for design and conformance to Plans and Specifications only and that
such approval does not relieve the Contractor from responsibility for errors in dimensions and
elevations.
The Contractor shall furnish the Engineer with such a number of blueprint copies of the working
., drawings as may be required for approval and construction purposes, after which one copy will
be returned with corrections or marked approved, or approved as noted. Any drawings not fully
approved shall be resubmitted in the number as required above.
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1.5.3. Working and Shop Drawings and Data (Cont'd)
The Contractor shall also furnish, in the number required above for working drawings, copies of
catalog cuts, manufacturers' literature, manufacturers' specifications, photographs, etc., which
may be required for electrical, plumbing, electronic and mechanical materials to be incorporated
into the Contract. No approvals by the Engineer of such documents shall relieve the Contractor
from the responsibility for erroneous or inconsistent dimensions, notations, omissions or the
proper functioning of these materials in the completed installation.
The Contractor will keep one record of all Specifications, Drawings, Addenda, Modifications
and Shop Drawings at the site in good order and annotated to show all changes made during the
construction process. These shall be available to the Engineer.
The cost of preparing and furnishing working drawings, blueprints, copies of. catalog cuts,
manufacturers' literature, manufacturers' specifications, photographs and all other graphic
instruments, shall be included in the prices bid for the various items scheduled in the Proposal or
lump sum bid.
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1.5.4. Construction Layout
The Contractor shall provide a Florida State licensed surveyor, subject to the approval of the
Owner, to layout and survey the proposed construction lines and to set grade stakes as required.
The Contractor shall notify the Engineer in writing not less than five (5) calendar days in
advance of when a bench mark is required. No claims shall be made by the Contractor due to
delays if he fails to give such notice. The Engineer shall provide a bench mark at the project
— site to be used by the Contractor's surveyors. Where there is any question as to location,
alignment or grade of the proposed construction, the Contractor shall report his findings to the
Engineer for any decisions that must be made with regards to location or grade.
The contractor shall make all necessary computations to establish the exact position of all the
work from the control point which are shown on the plans or furnished by the Engineer. All the
work shall be referenced to base lines which the Contractor shall establish from the control
points, re-establish when necessary and maintain throughout the life of the Contract so as to
_ permit the Engineer to make the necessary preliminary, interim, and final measurements and to
check the Contractor's layout if he so desires.
The Contractor shall provide and maintain offset stakes outside the limits of grading and
construction. Each stake shall be identified and marked to show the offset distance from the
base line and the Contractor shall furnish grade sheets showing the cut or fill to the finished
profile lines with reference to the offset stakes.
The Contractor shall provide adequate and accurate offset lines during such construction that
.+ will require occupation of the Base Lines by construction equipment or loss of the Base Line
Points by construction operations.
1.5.3. Working and Shop Drawings and Data (Cont'd)
The Contractor shall be responsible for maintaining the points he has established Any error or
apparent discrepancies found in the Plans or Specifications shall be called to the Engineer's
attention for interpretation prior to proceeding with the work.
The Contractor shall, in no case, make changes in the location or grade without written consent
or approval of the Engineer.
The Contractor shall be responsible for the finished work conforming to the lines and grades
called for on the Plans, and he shall correct all errors caused by his personnel at his own
expenses.
Attention is directed to the need for caution in laying out and constructing pipes and
appurtenances to ascertain that these items do not encroach on private property where
_ easements have not been obtained.
The cost to the Contractor of laying out the work from lines and grades furnished by the
Engineer and the cost of stakes set by the Contractor, shall be included in the price bid for the
various items scheduled in the Proposal, unless a separate pay item has been included by the
Engineer.
1.5.5. Insuectors
The Owner and Engineer shall have the right to inspect all work done and all materials
furnished, including the preparations, fabrication and manufacture in mill, plant, shop and field
of the materials to be used, and may assign an Inspector or other authorized representative for
this purpose. The Contractor shall provide all facilities necessary for such inspection and shall
furnish or cause to be furnished to the said Inspector or other authorized representative, safe
^" access at all times to the places where preparation, fabrication or manufacture of materials and
construction of the work in progress, as well as such information and assistance as may be
required to make a complete and detailed inspection. When the said Inspector or other
authorized representative is in or about the premises above referred to in the course of his
employment, he shall be deemed conclusively to be an invitee of the Contractor. If the
Contractor is not the owner of the place where fabrication, preparation or manufacture is in
progress, the owner thereof shall be deemed to be the agent of the Contractor with respect to the
obligation assumed hereunder. The Contractor or his agent shall be responsible for the payment
of claims for injuries to the Owner's and/or Engineer's authorized representative due to
negligence on the part of the said Contractor or his agent. The cost of providing the necessary
facilities, information, assistance, and protection and of satisfying claims for injuries to the
Owner's and/or Engineer's representative, as specified above, shall be included in the prices bid
for the various items scheduled in the Proposal.
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1.5.5. Inspectors (Cont'd)
Inspectors or other authorized representatives may be stationed on the work to report to the
Engineer as to the progress thereof and the manner in which it is being performed; to inform him
�+ whenever it appears that the materials furnished and the work performed by the Contractor fail
to perform to the requirements of the Plans and Specifications; and to direct the attention of the
Contractor to such failure. The inspection, however, shall not relieve the Contractor from his
obligations to furnish materials or perform work in conformity with the requirements of the
Plans and Specifications. The Contractor shall provide safe transportation for Inspectors to
dredges and boats used for procuring or delivering materials to the Project.
In case of any dispute as to materials furnished or the manner of performing the work, the
inspector shall have the authority to suspend work until the question at issue can be referred to
and be decided by the Engineer.
The Inspectors or other authorized representatives of the Engineer shall not be authorized to
revoke, alter, enlarge, relax, or release any requirements of the Plans and Specifications, or to
approve or accept any portion of the work, or to issue instructions contrary to said Plans and
Specifications. They shall in no case act as foreman or perform other duties for the Contractor
nor interfere with the management of the work by the Contractor. Any advice which they may
give the Contractor shall in no way be construed as binding on the Engineer or on the Owner in
any way, nor shall such advice relieve the Contractor from the fulfillment of the terms of the
Contract.
.. The Owner and its Engineer and his assistants and subordinates and all persons bearing the
authorization of the Owner and/or his Engineer, shall have access at any time to the work and
premises used by the Contractor; or to any plant or place where material is being made or stored
for the work.
M 1.5.6. Unauthorized or Defective Work
The Contractor shall use no materials in the work before they have been approved as provided in
Article 1.4.7.; he shall perform no work before the lines, grades and benchmarks have been
established and set; and he shall perform no work not provided for in the Contract unless a
Change Order therefor has been issued as provided in Article 1.8.4. Work performed and
materials furnished which do not conform to the requirements therefor will be rejected and shall
be removed, replaced or repaired as the Engineer may direct and in a manner satisfactory to him,
,,. at the Contractor's expense. Materials which have been rejected, the defects of which have been
subsequently removed or corrected, shall not be used unless approved by the Engineer.
.. All work and materials which do not conform to the requirements of the Contract Documents
shall be considered as defective work.
1.5,6. Unauthorized or Defective Work (Cont'd)
Any defective work, whether the result of poor workmanship, use of defective materials, damage
through carelessness or any other cause, found to exist prior to acceptance of final payment for
work, shall be removed immediately and replaced by work and materials which shall conform to
the Specifications or shall be remedied otherwise in an acceptable manner as authorized by the
Engineer. This clause shall have the full effect regardless of the fact that the defective work may
have been done or the defective materials used with the full knowledge of the Inspector. The
�* fact that the Inspector in charge may have previously overlooked such defective work may have
been done or the defective work shall not constitute an acceptance of any part of it.
'Any work which may be done by the Contractor prior to approval of Contract, work done
contrary to or regardless of the instructions of the Engineer, work done beyond the lines shown
on the Plans, or as given, except as herein specified, or any extra work done without authority,
will be considered as unauthorized and will not be paid for under the provisions of the Contract.
Work so done may be ordered removed or replaced at the Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer,
made under the provisions of this Article, the Engineer shall have authority to cause defective
^, work to be remedied or removed and replaced, and unauthorized work to be removed and to
deduct the costs from any monies due or to become due the Contractor.
1.5.7. Claims for Additional Compensation or Extension of Time
., When the Contractor deems that additional compensation or extension of time is due him for
work required to be performed or materials required to be furnished which, in the opinion,
cannot be classified under the scheduled items of work and which have not been covered by a
�* Change Order as hereinafter specified in Article 1.8.4., and it is his intention to make claim
therefor, he shall notify the Engineer in writing of such intention before he begins the work or
furnished the opportunity to modify the design or construction procedure, or both, before the
Contractor begins the work or fiuuishes the materials in question, and the opportunity and proper
facilities for keeping account of the actual cost of such work and materials after the work begins.
If such notice be not given in writing, or if the Engineer is not afforded such opportunity and
facilities, then the Contractor shall and hereby does agree to waive the claim for such additional
compensation or extension of time or both. However, if the Contractor has complied with the
foregoing provisions, this circumstance in no way shall be passed on by the Engineer and/or
Owner and, if he finds it to be justifiable under the provisions of the Contract, the work or
materials in question will be paid for under an appropriate Change Order. Attention is directed
to the provisions of Article 1.8.4., regarding limitation of increase and reduction of quantities of
major scheduled items and Article 1.8.5., Payments.
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15 8. Acceptance of Work
When the Project has been completed, the Contractor shall so notify the Engineer. If it is not
acceptable to the Engineer, he will advise the Contractor as to the particular defects to be
remedied before the final acceptance will be made. Payments made to the Contractor before the
final acceptance do not commit the Engineer to acceptance of the Project.
The Owner shall not be precluded or estopped by any measurement, estimate or certificate, made
either before or after the completion and acceptance of the Project and payment therefor, if such
measurement, estimate or certificate be found to be in error or untrue, from showing the true
amount and character of the work performed and materials furnished by the Contractor, or from
showing that any such measurement, estimate or certificate is incorrectly made or untrue, or that
the work or materials do not conform in fact to the requirements of the Contract. The Owner
.. shall not be precluded or estopped, notwithstanding any such measurement, estimate or
certificate, and payment made in accordance therewith, from recovering from the Contractor and
his Surety such damages as it may sustain by reason of the Contractor's failure to comply or to
have complied with the terms of the Contract.
Neither the acceptance of the whole or any part of the Project by the Engineer or by any
representative of the Engineer, nor any payment made for the work, nor any extension of time
granted by Contractor, nor any possession taken by the Owner, shall operate as a waiver of any
_ portion of the Contract or of any power herein reserved, or of any right to damage therein
provided. A waiver of any breach of the Contract shall not be held to be a waiver of any other or
subsequent breach.
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1.6.1. Insurance
SECTION 6
LEGAL & PUBLIC RELATIONS
The Contractor shall not commence work under this Contract until he has obtained all the
insurance required under this paragraph and such insurance has been approved by the Owner,
nor shall the Contractor allow any subcontractor to commence work on his subcontract until the
.. insurance required of the subcontractor has been obtained and approved. The insurance
companies indicated in the certificates shall be authorized to do business in the State of Florida
and shall be acceptable to the Owner.
In carrying out the provisions of this Contract or in exercising any power or authority granted
them by their position, there shall be no liability upon the Owner or Engineer, and their
authorized representatives or assistants, either personally or otherwise; it being of the Owner.
The Contractor shall procure and maintain for the duration of the contract, insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, his agents, representatives, employees
_ or sub -contractors. The cost of such insurance shall be included in the Contractor's bid.
The Contractor shall include all sub -contractors as insured under its policies or shall furnish
separate certificates and endorsements for each sub -contractor. All coverages for sub-
contractors shall be subject to all of the requirements stated herein.
Any deductibles or self insured retentions must be approved by the City of Sebastian with the
ultimate responsibility for same going to the Contractor.
., A written safety inspection plan must be submitted to the City of Sebastian for approval prior to
the signing of the Contract.
The Contractor's insurance coverage shall be primary.
The insurance policies procured shall be occurrence forms, not claims made policies.
The Contractor will be required to provide insurance of the prescribed types and minimum
_ amounts as set below:
a .Worker's Compensation Insurance - The Contractor shall procure and shall maintain,
during the life of this Contract, Worker's Compensation Insurance, as required by the State
.. of Florida, for all of his employees to be engaged in work at the site of the project under this
Contract and in case of any such work sublet, the Contractor shall require the subcontractor
., similarly to provide Workers Compensation Insurance for all of the latter's employees to be
engaged in such work unless such employees are covered by the protection afforded by the
Contractors Workers Compensation Insurance. Employers Liability - $500,000.00.
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1.6. 1. Insurance (Coni)
b. Contractor's Commercial General Liability Insurance Including Contractual Liability
Insurance and Completed Operations Insurance - The Contractor shall provide minimum
limits of liability of One Million Dollars (1,000,000.00) per occurrence combined single
limit for bodily injury and property damage.
Contractual Liability Insurance to include coverage for the liabilities assumed under Article
1.62., 1.6.6. and 1.6.8.
If any part of the work under the Contract is to be performed by a subcontractor, the prime
Contractor shall carry, on his own behalf, Contractor's Protective Liability Insurance for
both bodily injury and property damage for the same limit as specified above, and be
responsible for each subcontractor maintaining liability insurance as specified above.
The coverage provided shall include, but not be limited to: broad form property damage;
premises/operations; contractual liability, completed operations; independent contractor's
protective liability; protection against "X" "Explosion," "C" "Collapse" and "U"
"Underground"; and "Aircraft," if the latter is applicable.
c. Business Automobile Liability Insurance - To provide coverage for all owned, non -
owned, hired, leased and rented vehicles and automotive construction equipment with
bodily injury limits of no less than Five Hundred Thousand Dollars ($500,000.00) each
.. person, Five Hundred Thousand Dollars ($500,000.00) each accident, and property damage
limits of no less than Five Hundred Thousand Dollars ($500,000.00); or combined single
limits per accident for bodily injury and property damage of no less than One Million
Dollars ($1,000,000.00).
d. Builder's Risk - The Contractor shall procure and shall maintain, during the life of this
Contract, Builder's Risk coverage written as All Risk with limits equal to 100% of the
completed value of the structure(s). A Machinery/Equipment Endorsement shall provide
coverage during transit and installation.
e. All Risks Including Transportation Insurance - On all materials delivered to the
possession of the Owner as required by Article 1.8.5., Payment.
Railroad Protective Liability Insurance, and Builders' All Risk Insurance shall also be
provided on a 100% completed value basis on the insurable portion of the project.
The Owner, the Engineer, the Contractor and subcontractors, as their interests may appear,
., shall be named as the insured.
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1.6. 1. Insurance (Con't)
f. Proof of Carriage of Insurance - The Contractor shall furnish the Owner with satisfactory
proof of the insurance herein required prior to signing of contracts to the City of Sebastian.
This proof shall consist of one certified copy of the policies, not certificates of insurance, of
each insurer insuring the Contractor or any subcontractor employed under the Contract,
which certificates shall contain the following information, (except in the case of Worker's
Compensation Insurance, Items 1, 2 & 4 will be sufficient):
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1. Name and address of the insured;
2. Number of the policy and the type or types of insurance in force thereunder on the date
borne by such certified copies of the policies;
3 The expiration date of the policy and the limit or limits of liability thereunder on the date
,., home by such certified copies of the policies;
4. A statement that the insurance of the type afforded by the policy applies to all the
., operations of the project which are undertaken by the insured during the performance of his
contract or subcontract.
This insurance specifically applies to all acts, omissions or activities of any subcontractor
relating thereto, as well as the Contractor;
5. A statement showing the methods of cancellation. If cancellation may be affected by the
giving of notice to the insured and Owner by the insurer, the policy shall provide that
cancellation shall not be effective until 15 days after receipt of such notice.
All policies listed above shall, with the exception of workers compensation and employers
liability, additionally name the Owner and Engineer as the "insured."
All policies required shall be secured from an agency of an insurance company which is duly
licensed to conduct such business in the State of Florida and which has an established place of
business in the State. All insurance policies shall be placed with insurers with a Best's rating of
no less than A + VII. A Certificate of Insurance attesting to the required coverages shall be
provided to the Owner prior to Owner's obligation to issue the notice to proceed, and in any
event prior to the commencement of the work. Upon request, Contractor shall furnish a copy of
any or all of the above required policies of insurance. The Contractor shall obtain necessary
endorsements to make Owner an additional insured under each of the coverages listed above
with the exception of Workers Compensation and Employers Liability. Further, the Owner shall
be entitled to thirty (30) days notice prior to cancellation of the above coverages, which notice
period shall be reflected in the Certificate of Insurance. The insurance companies selected shall
send written notification to the Owner that they will provide 30 days written notice to the Owner
of its intent to cancel or terminate said policies of insurance.
1 6 1. Insurance (Con'tl
In addition, the Contractor shall furnish evidence to show that the public agencies listed in
Section 9 of these specifications, are covered by the Contractor's General Liability Insurance by
furnishing copies of the insurance documents proving their coverage.
1.6.2. Damage Claims
The Contractor shall indemnify and save harmless the Owner and Engineer, their officers, agents
and servants and each and every one of them against and from all suits and costs of every kind
and description and from all damages to which the Owner and Engineer, any of their officers,
agents or servants may be subjected by reason of injury to the person or property of others
resulting from the performance of the Project, or through the negligence of the Contractor, or
through any improper or defective machinery, implements of appliances used by the Contractor
in the performance of the Project, or through any act or omission on the part of the Contractor or
his agents, employees or servants; and he shall further indemnify and save harmless the Owner
., and Engineer, their officers, agents and servants from all suits and actions of any kind or
character whatsoever which may be brought or instituted by any subcontractor, materialman or
laborer who has performed work or furnished materials in or about the Project or by, or on
account of, any claims or amount recovered for any infringement of patent, trademark or
copyright. The cost of such indemnification shall be included in the prices bid for the various
scheduled items in the Proposal. So much money due to the Contractor under and by virtue of
the Contract as shall be considered necessary by the Engineer may be retained by the Owner and
held until such suits, actions, claims or amounts shall have been settled, and suitable evidence to
that effect furnished to the Owner and Engineer.
It is specifically agreed between the parties executing this Contract that it is not intended by any
of the provisions of any part of the Contract to create the public or any member thereof a third
party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit
for personal injuries or property damage pursuant to the terms or provisions of this Contract.
1.6.3. Laws Ordinances and Regulations
The Contractor shall observe and comply with all federal and state laws, rules and regulations,
and local ordinances, that affect those engaged or employed on the Project, the materials or
equipment used, or the conduct of the work.
Attention is called to the following specific regulations:
Establishment of an eight-hour working day for laborers, workers and mechanics and requiring
payment of prevailing rates of wages (if specified in the Supplemental Specifications) and
providing penalties for violations.
1.6,3, Laws Ordinances and Regulations (Cont'd)
Laborers, workers and mechanics hired for the performance of work under this Contract or any
subcontract hereunder, neither the Contractor or his subcontractors, nor any person acting on
their behalf shall, by reason of race, creed, color, national origin or ancestry, discriminate against
any citizen who is qualified and available to perform the work to which the employment relates.
Neither the Contractor or his subcontractors, nor any person on their behalf shall, in any manner,
.. discriminate against or intimidate any employee hired for the performance of work under this
Contract on account of race, creed, color, national origin or ancestry.
That this Contract may be cancelled or terminated by the Owner and all money due or to become
due hereunder, may be forfeited, for a second or any subsequent violation of the terms or
conditions of this section of the Contract.
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The Contractor, as a condition of the Contract, shall and hereby does agree that in the
performance of the Project, only domestic materials and manufactured and farm products of the
^ United States will be used, whenever available, unless otherwise specifically provided in the
Supplementary Specifications with respect to any material or equipment which the Engineer may
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deem available to except from this requirement in the interest of the Owner.
The Contractor, as a condition of the Contract, shall and hereby does agree to give a suitable
_ warranty that no person or selling agency has been employed or retained to solicit or secure such
contract upon an agreement or understanding for a commission, percentage, brokerage or
contingent fee, except bona fide employees or bona fide established commercial or selling
^, agencies maintained by the Contractor for the purpose of securing business, for the violation of
which warranty the Owner shall have the right to annul such Contract without liability or in its
discretion to deduct from the Contract price or consideration the full amount of such
., commission, percentage, brokerage or contingent fee.
The Contractor shall comply with any Statutes pertaining to Child Labor.
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The Contractor shall comply with any relative Safety Code for Workers in the Construction
Industry, and the rules and regulations of the Department of Labor and Industry promulgated to
+� implement and supplement this law.
The Contractor shall comply with the "Occupation, Safety and Health Act" and all current
^ amendments as listed in the Federal Register. This includes the "Trench Safety Act" of October
1990.
^ Rules and Regulations Concerning Precautions to be taken in the Proximity of High -Voltage
Lines for the Prevention of Accidents shall be followed.
Rules and Regulations Governing Blasting on Construction and Related Operations shall be
followed.
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M 1.6.3. Laws Ordinances and Regulations (Cont
WIN Attention is also called to soil removal ordinances which may be in effect in municipalities,
governing the removal of soil materials within the municipal limits. It shall be the responsibility
of Bidders and the Contractor to ascertain the existence and provisions of any such ordinances
that may affect their bids and the prosecution of the Project.
State and Local rules and ordinances relating to Soil Erosion Control Measures shall be
followed-
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The Contractor shall comply with the Florida Department of Environmental Regulation's
°' requirements concerning the handling of all solid waste materials generated during construction.
Disposal must be in an approved licensed landfill site.
1.6.4. Federal Aid
When the Project is carried out with Federal Aid, it shall be subject to inspection and approval
by the Federal agencies involved and in accordance with the rules and regulations promulgated
by it, pursuant to any Act of Congress relating thereto.
1.6.5. Permits and Licenses
Except as otherwise hereinafter provided, the Contractor shall procure all required permits and
.. licenses, pay all charges and fees therefore, and shall give all notices necessary and incident to
the due and lawful prosecution of the Project. The cost thereof shall be included in the prices
bid for the various items scheduled in the Proposal.
Before the Contractor performs dredging or channel excavation within any waterways for the
procurement of materials, or performs therein other work on his own, when such work is not part
of the permanent or temporary work provided for in the Contract, he shall advise the District
Engineer, Corps of Engineers, U.S. Army, Division of Water Policy and Supply, State of Florida
Department of Environmental Regulation and State Water Management District of his intended
work. If the waterway be not tidal, he shall notify the State Division of Water Policy and
Supply, State of Florida Department of Environmental Regulation and State Water Management
District. The Contractor shall procure all necessary permits for such work from the above named
agencies having jurisdiction and interest and shall comply with their rules and regulations in the
performance of the above of riparian grants or leases issued by the Department of Natural
Resources, the Contractor shall procure from the grantees or lessees consent for such work and
for the necessary occupation of the premises. Charges for permits and all other charges by the
above named agencies, grantees and lessees in connection with the work described above, shall
., be paid to them direct by the Contractor and shall be included in the unit prices bid for the
various items scheduled in the Proposal.
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1.6.5. Permits and Licenses
If any permits have been procured by the Owner, the Contractor shall comply with the conditions
of the permit and shall advise such agencies and parties of his proposed operations and obtain
their cooperation and such supplemental permission as may be necessary.
Copies of all permits secured by the Contractor shall be filed with the Owner and the Engineer.
Copies of all formal permits secured by the Owner or his Engineer shall be posted at the job site
field office.
1.6.6. Responsibility for Work
The Contractor assumes full responsibility for materials and equipment employed in the
construction of the Project and agrees to make no claim against the Owner for damages to such
materials and equipment from any cause whatsoever. Until its final acceptance, the Contractor
shall be responsible for damage to or destruction of the Project, or to any part thereof, due to any
cause.
., The Contractor shall make good all work damaged or destroyed before the final acceptance of
the Project and the cost thereof shall be included in the prices bid for the various items
.. scheduled in the Proposal.
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Explosives shall be stored safely under lock and key. The storage places shall be marked plainly
DANGEROUS EXPLOSIVES and be in the care of a competent watchman at all times. The
storing and handling of explosives and highly flammable materials shall conform to the Federal
Regulations relating thereto. Proper means shall be used to avoid blasting damage to public and
private property. Flagmen shall be provided, when necessary, who shall warn and keep traffic
from the danger area, and all persons within the danger area shall be warned and given time to
withdraw. The cost of the above shall be included in the prices bid for the appropriate items
scheduled in the Proposal.
The bringing of the explosives within the Project limits and the performance of any blasting shall
not be done except with prior written permission of the Engineer and in conjunction with the
appropriate Federal Rules and Regulations.
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1.6.8. Public Safety and Conveniences
The safety, protection and convenience of the public and adjacent residents are of primary
importance and shall be provided for by the Contractor in an adequate and satisfactory manner.
The Contractor shall provide and maintain ingress and egress for all residences and places of
business located within construction limits. Adequate temporary crossings shall be constructed
and maintained where access to adjacent property is desired, whether for convenience or fire
protection. All fire hydrants shall, at all times, be left clear of obstructions and readily accessible
to fire apparatus and no materials or other obstruction shall be placed within ten (10) feet of a
fire hydrant. Fire alarm boxes shall be maintained so as to be readily accessible and open to
view.
Trucks hauling material shall have tight tailgates and shall be loaded with adequate freeboard of
not less than three (3") inches, without precarious cones or piles of material.
The Contractors shall provide for prompt removal from existing roadways of all dirt and other
materials that have been spilled, washed, tracked or otherwise deposited thereon by his hauling
and other operations, whenever the accumulation is sufficient to cause the traffic hazard.
The Contractor shall employ construction methods and means that will keep flying dust to the
minimum. He shall provide for the laying of dust preventatives on the Project, and on the roads,
streets and other areas immediately adjacent to the Project limits, wherever traffic or buildings
that are occupied or in use are affected by such dust caused by his hauling or other operations.
The materials and methods used for dust laying shall be subject to the approval of the Engineer.
�• Neither oil nor kerosene shall be used to control dust.
Precaution shall be exercised at all times for the protection of persons and property. The
Contractor shall comply with all applicable federal, state and local laws governing safety and
shall provide all safeguards, safety devices and protective equipment, and take any other needed
actions on his own responsibility, or as directed by the Engineer, as reasonably necessary to
protect the life and health of personnel on the job, the safety of the public, and to protect
property during the construction of the Project. Also, the safety provisions building and
construction codes shall be observed Machinery, equipment and other hazard of whatsoever
character, shall be guarded in accordance with the safety provisions of the current "Manual of
Accident Prevention in Construction," published by the Associated General Contractors of
America, to the extent that such provisions are not inconsistent with applicable federal, state and
local laws and regulations.
,. The Contractor will be required to furnish sufficient qualified uniformed traffic control officers
for each crew of workers at his own expense to protect the workers whenever working within or
adjacent to streets, roadways, or railroad tracks, and shall instruct the workers regarding the
.. hazards involved within the areas of streets, roadways and/or railroad tracks.
1.6.8. Public Safety and Conveniences (Cont'd)
If any operation, practice or condition during the course of the work is unsafe or is deemed by
the Engineer to be unsafe, the Contractor shall take corrective action. Where any operation,
practice or condition endangers persons or property, it shall be discontinued and adequate
remedial action taken before the affected part of the work is resumed.
The Contractor shall not start any fires within the Project limits or the adjacent areas without
first obtaining the necessary permits that may be required by all or any of the various levels of
government.
The cost of carrying our the foregoing provisions shall be included in the prices bid for the
various items scheduled in the Proposal.
_ 1.6.9. Accident Prevention
Precaution shall be exercised at all times for the protection of persons and property. The safety
provisions of applicable laws, building and construction codes, and the rules and regulations of
the Department of Labor and Industry and OSHA Requirements, shall be observed. Machinery,
equipment and other hazards of whatsoever character shall be guarded in Prevention in
Construction," published by the Associated General Contractors of America, to the extent that
such provisions are not inconsistent with applicable federal, state, and local laws and
regulations.
If any operation, practice or condition during the course of the work be deemed by the Engineer
to be unsafe, the Contractor shall take corrective action when notified in writing by the Engineer.
However, where in the opinion of the Engineer, any operation, practice or condition endangers
person or property, it shall be discontinued and adequate remedial action taken before the
affected part of the work is resumed.
The Contractor shall provide such equipment and facilities as are necessary or required for first
aid service to any who may be injured in the progress of the work, and he shall have standing
arrangements with local hospitals for the removal and hospital treatment of any employee who
may be injured or who may become ill.
The Contractor shall keep records of all accidents, including in such records such data as may be
required by the Department of Labor of the State of Florida and/or the Federal Occupation and
,�, Safety Health Act.
1.6.9. Accident Prevention (Cont'd)
.. The Contractor must promptly report in writing to the Engineer and the Owner, all accidents
whatsoever, arising out of or in connection with the performance of the work, whether on or
.. adjacent to the site, which cause death, personal injury, or property damages, giving full details
and statements of witnesses. In addition, if death or serious injuries or serious damages are
caused, the accident shall be reported immediately by telephone to the Engineer.
If any claim is made by any third person against the Contractor or any subcontractor on account
of accident, the Contractor shall promptly report the fact in writing to the Engineer and the
Owner, giving full details of the claim.
Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full
responsibility for safe prosecution of the work at all times.
1.6.10. Property Damage
_ The Contractor shall not enter on or make use of private property in the persecution of the
Project unless written permission therefor is secured in duplicate, from the private property
Owner, one copy of which shall be filed with the Engineer. He shall promptly restore or repair,
without cost to the Owner and in a manner satisfactory to its Owner, property damaged or
destroyed by his operations. Special attention shall be given to the protection of existing
landscape features and natural vegetation.
1.6.11. Public Utilities
Utilities as referred to herein, shall be understood to mean utilities of the Owner as well as
publicly owned utilities and other privately owned utilities.
Within the site of the Project there may be utility structures, and notwithstanding any other
clause or clauses of this Contract, the Contractor shall not proceed with his work until he has
made diligent inquiry at the offices of the Engineer, the utility companies and municipal
authorities or other owners, to determine their exact location. Sufficiently prior to the Pre -
Construction meeting, the Contractor shall notify, in writing by certified mail return receipt
requested, the utility companies and municipalities or other owners involved, of the nature and
scope of the Project, the time and location of the meeting and of his operations that may affect
their facilities or property. A copy of such notices and signed return receipt shall be sent to the
Engineer.
Except as otherwise specifically provided, the Contractor shall be responsible for the safety,
protection, maintenance and final restoration to as useful, safe and durable a condition as existed
prior to construction, of all surface and subsurface utilities (together with all parts and
.. appurtenances thereof), facilities, streets, waterways, structures and other properties at or near
the site.
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1.6.11. Public Utilities (Cont'd)
Before the Contractor begins any work or operations in the vicinity of subsurface structures, he
shall carefully locate such structures and conduct his operations so as to avoid any damage to
them.
Unless otherwise specifically stated herein, the Contractor shall be responsible for the continuity
of service of all overhead, surface and subsurface utilities affected by his operations, and shall
maintain them in a safe and satisfactory operating condition.
The Contractor shall, at his own expense, make good any direct or indirect damage that may be
done in the course of construction to any utility structure or property through or by reason of the
prosecution of the work. The liability of the Contractor under this covenant is absolute and is
not dependent upon any questions of negligence on his part or on the part of his agent, servants,
employees, subcontractors or suppliers, and the neglect of the Engineer to direct the Contractor
to take any particular precaution or to refrain from doing any particular thing shall not excuse the
Contractor of any such damage in any case.
The Contractor shall carry out his work carefully and skillfully and shall support and secure all
utility structures so as to avoid damage to them. Flow in drains and sewers shall be satisfactorily
maintained. He shall not move, without the Owner's consent, any utility structures, and at the
completion of the work, their condition shall be as safe and permanent as before. When utility
structures, facilities or equipment are damaged by the Contractor, he shall notify their owners,
who may cause the damage to be repaired at the Contractor's expense. If the cost thereof be not
r paid by the Contractor within thirty (30) days after repairs have been completed, the Owner may
retain an amount sufficient to cover the cost from any monies due or that may become due the
Contractor under this Contract. House service connections damaged by the Contractor shall be
repaired by competent, skilled mechanics.
When the removal, relocation or replacement of utility structures or facilities is deemed essential
for the proper execution of the Contract, the cost of such work shall be included in the prices bid
for the various appropriate items scheduled in the Proposal, unless specifically provided for in
the form of Proposal.
A partial list of some of the utilities located within or adjacent to the Project limits is located in
Section 9 of these General Provisions or on the plans.
It is understood and agreed that the Contractor has considered in his bid, all of the permanent
and temporary utility appurtenances in their present or relocated positions and that no additional
compensation will be allowed for normal delays, inconvenience, or damage sustained by him
due to any interference from the said utility appurtenances or the operation of moving them.
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1.6.12. Existing Monuments
Existing monuments and title stones which need not be removed, shall be left in place and
protected by the Contractor against damage and dislocation. When relocation or change in the
.. grade of existing monuments is necessary, they shall be protected in their original position until
their removal is approved by the Engineer, and shall be reset when directed by a licensed land
surveyor, and in conformance with the new lines and grades. Monuments and title stones that
are to be left in place or reset and are moved without approval of the Engineer, shall be replaced
at the Contractor's expense. The resetting of monuments as provided above, and payment
therefore, shall be included in the prices bid for various items scheduled in the Proposal.
1.6.13. Hauling Restrictions
The Contractor shall be responsible for all hauling done on the Project and on highways adjacent
thereto in connection with the Contract. The Contractor shall comply with all applicable federal,
state and local laws concerning hauling restrictions on highways.
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SECTION 7
PROCEDURE AND PROGRESS
1.7.1. Commencement and Procedure
The Contractor shall commence work as stipulated in the "Notice to Proceed" and shall continue
without interruption until the work is completed, except as provided in Article 1.7.3. The
sequence of work shall conform to the progress schedule submitted in accordance with Article
1.3.2., provided, however, that said schedule may be modified from time to time as directed or
' approved by the Engineer. The Contractor shall give the Engineer not less than seven (7)
calendar days notice of the time and place or places he will start the work.
.. The Contractor shall send notices to the proper Municipal Officials in which the Project is
located. The notices shall be sent out before work on the Project is begun. The notices shall be
published at least twice in at least two newspapers published in the County. One such
newspaper must be of a daily nature. Such publication shall be made before the work on the
Project is begun.
The costs incurred in performing the aforementioned notifications shall be borne by the
Contractor in their entirety, and shall be assumed to have been included in the bid submitted. No
,. separate payment shall be made for this item.
The progress schedule to be submitted by the Contractor, in accordance with Article 1.3.2., shall
.. clearly outline the various stages and operations by which he proposes to complete the entire
Project, including the maintenance and protection of traffic as specified in Article 1.4.3.
Construction operations shall not begin until the above schedule has been approved by the
Engineer, and the Contractor shall not deviate from the proposed schedule without the expressed
_ permission of the Engineer.
The Contractor shall arrange and conduct the work using such procedures and stages as may be
necessary to comply with the provisions of Articles 1.4.2., 1.4.3., 1.6.11., 1.7.1., 1.7.2. and
provisions of any other Articles which may be dependent upon the procedures and stages of his
work.
No work which closes or alters the use of existing roadways shall be undertaken until adequate
provisions, conforming to the requirements of Article 1.4.3., have been made by the Contractor
.. and approved by the Engineer.
The Contractor shall arrange and prosecute his work so that each successive construction
operation at each location shall follow the preceding operation as closely as the requirements of
the various types of construction will permit, and the combined successive operations shall be
limited to a minimum practical length of time, as approved by the Engineer.
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1.7.1. Commencement and Procedure (Cont'd)
The work under this Project shall be carried out in accordance with logical stage construction
and in accordance with the provisions of Article 1.4.3. However, two or more construction
operations may proceed simultaneously subject to the approval of the Engineer.
As directed by the Engineer, the Contractor shall develop and submit a detailed plan of stage
construction and maintenance and protection of traffic for written approval by the Engineer,
which incorporates the requirements of the Owner and is based on approved construction
methods and procedures.
The Engineer may revise stage construction and maintenance and protection of traffic, if deemed
necessary, due to unforeseen circumstances which may arise during construction. Revisions so
made shall not be considered reason for any claim for extra payment or extension of time by the
Contractor.
Completed or partly completed sections of the Project to be opened to traffic prior to acceptance
of the Project, due to the various stages of construction are, subject to the approval of the
Engineer and the provisions of Articles 1.4.3. and 1.6.6.
When possible, the construction of subsurface structures within or immediately adjacent to
roadway limits shall be performed while traffic is being diverted from such areas. If traffic must
be maintained in such areas, the work shall be done expeditiously in stages, as approved by the
Engineer, and with minimum interference with traffic.
�+ Subsurface structure excavation within and immediately adjacent roadways available to traffic
shall not remain open overnight. Operations adjacent to roadways on which traffic is being
maintained shall be confined to only one side of the roadway at any one time.
When the Contractor's excavating operations encounter prehistoric remains or artifacts of
historical or archeological significance, the operations shall be temporarily discontinued in that
area The Engineer will consult archeological authorities and determine the disposition of the
remains or artifacts. The Contractor agrees that he will make no claim for additional payment or
for extension of time because of any delays in or alteration of his procedure due to removal of
any such remains or artifacts.
In all areas where work is being performed during the hours of dusk or darkness, the Contractor
shall furnish, place and maintain lighting facilities meeting with the approval of the Engineer
and capable of providing light of sufficient intensity to permit good workmanship and proper
inspection at all times.
No separate payment will be made for lighting work areas as specified above, but all costs
thereof shall be included in the unit prices for the various scheduled items in the Proposal.
1.7.1. Commencement and Procedure (Cont'd)
The Contractor shall schedule and conduct the work exercising such precautions as necessary to
prevent or reasonably minimize the pollution or contamination of streams, canals and other
.. waters with sediment, chemicals, fuels, lubricants, bitumens, raw sewerage and other harmful
materials. Wherever construction exposes work which is subject to erosion, the extent of such
exposure in advance of subsequent construction shall be subject to the approval of the Engineer.
.. Erosion control features or other work to be completed within such areas shall follow as soon
after exposure as practicable and shall comply with all local, state or federal requirements
regarding same.
Construction of drainage facilities as well as performance of other Contract work which will
contribute to the control of siltation or erosion shall be carried out in conjunction with earthwork
operations, including all borrow pit operations, or as soon thereafter as is practicable.
During construction, the Contractor shall shape the top of earthwork so as to effect the drainage
.. of rainwater and to prevent the flow of runoff over the slopes except at locations selected or
approved by the Engineer. If and where the Engineer so directs, temporary slope drains shall be
constructed to carry the runoff. Payment for temporary drains ordered by the Engineer will be
included in the various items scheduled in the Proposal, or lump sum bid.
The erosion control measures described herein shall be continued until the permanent drainage
facilities have been constructed and/or until the grass on seeded slopes is sufficiently established
to be an effective erosion deterrent.
Unless otherwise approved in writing by Engineer, construction operations in rivers, streams and
impoundments shall be restricted to those areas where channel changes are shown on the Plans
.. and to those areas which must be entered for the construction of temporary or permanent
structures. Rivers, streams and impoundments shall be promptly cleared of all falsework, piling,
debris or other obstructions placed therein or caused by the construction operations.
Excavation from the roadway, channel changes, cofferdams, etc., shall not be deposited in or so
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near to rivers, streams, canals or impoundments that it will be washed away by high water or
runoff.
Frequent fording of live streams with construction equipment will not be permitted. Therefore,
temporary bridges or other structures shall be used whenever an appreciable number of stream
crossings are necessary. Unless otherwise approved in writing by the Engineer, mechanized
equipment shall not be operated in live streams except as may be required to construct channel
changes and temporary or permanent structures.
,. In the execution of any work within or adjacent to any State or National Park, forest or other
public or private lands, the Contractor shall comply with all of the appropriate authorities having
jurisdiction over such forest, park or lands. He shall keep the areas embraced in his construction
.. companies in an orderly condition and dispose of all refuse and discarded materials.
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1.7.2. Progress and Time of Completion
The progress and the time of completion of the Project shall conform to the requirements
therefor as stated in the Special Provisions, except as provided in Article 1.7.8. When the
progress and the time of completion are stated in terms of working days, these, as defined in
Article 1.1.3., will be counted starting ten (10) calendar days after the date of mailing the fully
executed Contract to the Contractor or as stated in the Notice to Proceed; and when specified in
terns of calendar days or months or specific dates, the actual number of working days will not
be considered, but the Contractor shall arrange his working force and equipment so as to ensure
completion within the specified time.
1.7.3. Suspension of Work
If the Engineer deems it in the best interest of the Owner, he may notify the Contractor in writing
to suspend work on all or any part of the Project, and the Contractor shall do no work where so
suspended until he has received written notice from the Engineer to resume work When work is
suspended as above provided, payment for the completed parts of the work will be made
., provided in Article 1.8.5., and a suitable extension of time for completing the suspended work
will be granted. No other compensation or allowance will be made on account of such
suspension unless it shall be for more than ten (10) calendar days. Should the suspension be for
.. more than ten (10) calendar days and should the Contractor be put to additional expense on
account thereof, he shall have the right to file with the Engineer a statement showing the
character and amount of such additional expense and, if the Engineer deems it a proper charge,
the Contractor will be reimbursed therefor. However, he shall have no expense claims for said
first ten (10) calendar days of suspension, and any claim for allowance as above provided shall
be filed, in writing, with the Engineer before the expiration of the first ten (10) calendar days of
suspension. No payments will be made for work done by the Contractor on suspended work. If
the suspension extends for one (1) year and the value of the suspended work, based on bid prices
and estimated quantities, exceeds 25 percent of the total price bid, the Owner will, at the
Contractor's request, annul the Contract as provided in Article 1.7.5. When said value is 25
percent or less, and the suspension extends for one (1) year, the Owner will, at the Contractor's
request, by Change Order as provided in Article 1.8.4., omit the suspended work from the
Contract.
1.7.4. Unavoidable Delays
,., If for any reason beyond the control of the Contractor other than as provided for in Article 1.7.3.,
the work be delayed, the Contractor may be granted an extension of time as provided in Article
1.7.8., but he shall have no right to nor shall he make any claim whatsoever for damages or
additional compensation by reason of the delay.
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1.7.5 Annulment of Contract
When the Engineer deems it advisable and/or in the best interest of the Owner, or in the event of
a national emergency, that construction be stopped directly or indirectly, by a national or state
agency, he may annul the Contract on thirty (30) calendar days written notice to the Contractor
and, if the Contractor be not in default, payments will be made as provided in Article 1.8.5., for
all work done under the terms and conditions of the Contract, except that payments will be made
in such amounts as the Engineer may consider just and proper for such parts of the work that are
not fully completed and, for that reason, not susceptible of classification under the bid prices,
and for expenditures in connection with the preparing for and moving equipment to and from the
work for which the Contractor is not otherwise compensated. It is understood and agreed,
however, that no payments shall be made for any claim for loss of anticipated profits.
Attention is directed to the provisions cited herein under Article 1.6.3., whereby, for violation of
the Contractor's warranty concerning solicitation of the Contract by others under an agreement or
understanding for compensation of the Owner shall have the right to annul the Contract without
liability or, at the Owner's discretion, to deduct from the contract price or consideration the full
amount of such compensation.
When the Contract is annulled as above provided, the Contractor shall, if so required by the
Engineer, remove promptly any or all of his equipment and supplies from the site of the Project
or other property of the Owner, failing which, the Owner may remove or have removed such
equipment and supplies at the expense of the Contractor.
1.7.6. Default of Contract
When, in the opinion of the Engineer, the Project or any part thereof has been abandoned,
unnecessarily delayed, or cannot be completed by the Contractor within the time specified at his
rate of progress, or the Contractor is willfully violating any of the covenants of the Contract, or is
carrying out the Contract in bad faith, then the Engineer may so certify in writing to the Owner,
and the Owner may declare the Contractor in default of the Contract and notify him to
discontinue the Project. The Owner may then call on the Surety to complete the Project or may
complete it by other means, as he may elect. He may take over any working site procured the
Contractor and may use materials and equipment at the site of the Project and other equipment
used elsewhere for the Project at the time of default, and may procure other materials, equipment
and all else necessary for the completion of the Project. The Owner shall recover the cost of
finishing the work of the original Contract, over and above the cost thereof at the original bid
prices, by deducting the amount thereof from any monies due or which may become due the
Contractor under the Contract, and when such monies are insufficient to pay said cost, the
amount of said cost in excess of such monies shall be paid by the Contractor or the Surety.
1.7.7. Liquidated Damages
If the Contractor fails to complete the Project and each and every part and appurtenance thereof
fully, entirely and in conformity with the provisions of the Contract, within the time stated in the
., Contract, or within such further time as may have been granted in accordance with the
provisions of the Contract, then the Contractor shall and hereby does agree to being assessed
four hundred fifty dollars ($450.00) each and every calendar day that the Contractor is in default
on time to complete the work, which said amount per day is agreed upon by the parties hereto to
be liquidated damages, not a penalty.
The days in default mentioned above shall be the number of calendar days in default.
The Owner shall recover said damages by deducting the amount thereof from any monies due or
.. that may be due the Contractor and if said monies are insufficient to cover said damages, then
the Contractor or his Surety shall pay the amount due.
1.7.8. Extension of Time
.. Extension of the time stipulated in the Contract for completion of the Project will be made if and
as the Engineer may deem proper, when work under a Change Order as hereinafter provided is
., added to the total work of the Contract; when the work is suspended as provided in Article
1.7.3., and when the work of the Contractor is delayed on account of conditions, other than daily
weather conditions, which in the opinion of the Engineer warrant such extension; provided
.. however, that no extension on account of delay will be granted unless notice of such delay, and
of the Contractor's intention to claim an extension of time, be given the Engineer, in writing,
within five (5) calendar days after the beginning of such delay, and said notice shall give
complete information of the nature, cause and probable extent of the delay. Extensions of time
shall be binding only when issued in writing.
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W SECTION 8
MEASUREMENT AND PAYMENT
1.8.1. Measurement of Quantities
All work completed under the Contract will be measured for payment according to United States
Standard Measures.
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1.8.2. Scope of Payment
The Contractor hereby agrees to accept payment as provided in Article 1.8.5., as full payment for
performing and completing the Project, for furnishing all labor, materials, equipment,
transportation and all else necessary therefor, for all incidental expenses in connection therewith,
for loss by damage to or destruction of the Project as provided in Article 1.6.6., for any
,. additional expenses on account of unforeseen difficulties encountered, for settlement of claims,
and for replacement of defective work and materials for one (1) year after acceptance of the
Project by the Owner and the Engineer. Accordingly, a Maintenance Bond shall be posted for a
one (1) year period at the time of final acceptance and prior to final payment.
1.8.3. Adjustment of Estimated Quantities (Change Orders
While the Project is progressing, the quantities of the various items scheduled in the Proposal
and placed in the Project will be measured. When these quantities are greater or less than the
corresponding estimated quantities stated in the Proposal, Change Orders will be issued by the
Engineer to cover the difference between estimated and actual quantities, and no payment will
.. be made for work done in excess of the quantities, stated in the Proposal until such Change
Orders have been issued, approved, and executed by all parties.
1.8.4. Change of Plans
., It is understood and agreed, that the Engineer may change the Plans so as to increase or decrease
the quantities of work to be performed or materials to be furnished under the various items
., scheduled in the Proposal at the unit bid prices and such changes will be authorized by the
issuance of a fully executed Change Order. The order will show in detail the type and quantity
of work to be performed or be added or deducted from the total price bid in the Proposal for
each scheduled item increased or decreased by order; the number of days if any, that will be
added or deducted from the time for completion stipulated in the Contract on account of the
added or decreased work covered by the order. The Contractor shall do no work and furnish no
materials, except as shown on the Plans, until he has received a copy of said Change Order duly
approved and executed. If the Contractor refuses to accept said Change Order, he may be
declared in default as provided in Article 1.7.6.
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1.8.4. Change of Plans (Cont'd)
It is further understood and agreed that the Owner and the Contractor may enter into
supplementary agreements, executed on Change Order forms, for the Contractor to furnish
materials or perform work of a type not susceptible of classification under any of the items
scheduled in the Proposal. The Change Order shall state the type and character of such work to
be performed or materials to be furnished under the supplementary agreement and the amount to
be paid therefor, and the number of days, if any, that will be added to or deducted from the time
for completion stipulated in the Contract on account thereof. The work and materials covered by
the supplementary agreements shall conform to the requirements therefor of the Specifications
provided for the supplemental work The amount to be paid the Contractor for performing the
work or famishing the materials covered by the supplementary agreements, may be determined
at the discretion of the Engineer on a lump sum or unit price basis, or on the basis of actual cost
to which a percentage of the actual cost or a fixed sum is added. If the Contractor fails to
execute the Change Order for the supplementary agreement, the Owner may have the materials
furnished or the work performed by others, and the Contractor shall not interfere therewith. If
any acceptable materials may have been furnished, which cannot be used on account of the
supplementary agreement, such materials may be purchased from the Contractor at the actual
.. cost to the Contractor and shall then become the property of the Owner or other allowance may
be made therefor as approved by the Engineer.
On federal aid project, all changes of Plans and other modifications of the Contract shall be
subject to approval by the proper Bureau before they shall become effective.
1.8.5. Payments
Payments will be made for the actual quantity of authorized work done under each item
scheduled in the Proposal at the unit price bid therefore, except as otherwise provided in Article
_ 1.8.4., and under supplementary agreements, if any, at the price or prices stipulated therein.
Monthly certificates will be made of the approximate quantities of work done during the
preceding month and payments on account therefore will be based on the prices bid in the
Proposal and/or stipulated in supplementary agreements, if any, except that ten (10%) percent of
the amount due on such partial payments, will be withheld from the Contractor pending
completion of the Contract of Agreement. The monthly certificates and payments on account
will also include fifty (50%) percent of the value of materials, based on receipted bills or other
satisfactory evidence, furnished but not incorporated in the work as determined by the Engineer,
provided that: 1) such materials have been delivered at or near the site of the work; 2) are
properly stored and protected and have been inspected and approved; and 3) that the Contractor
has furnished the Engineer with satisfactory releases of lien for said materials; and provided
further, that if claims have been filed with the Owner or Engineer against the Contractor,
sufficient money may be withheld to satisfy such claims until they have been satisfied, all in
accordance with certified material costs provided to the Engineer by the Contractor.
18.5. Payments
When the project is completed and accepted by the Owner, a final certificate of cost of the
Project will be made by the Engineer, based on the actual quantities of authorized work done
under each item scheduled in the Proposal and under supplementary agreements, if any, at the
unit price or prices stipulated therein. When this final certificate is approved, the money due the
Contractor for the performance of the Project, as determined by said final certificate, after
deduction of previous payments on account, will be paid the Contractor, provided, however, that
before such final payment is made, the following requirements shall be satisfied: a) there shall
be no outstanding claims against the Contractor filed with the Owner, b) the Contractor shall
have paid all due obligations and shall have furnished, when directed by the Engineer, receipted
bills or other satisfactory evidence that all obligations incurred by him and by his subcontractors
.. in carrying out the project have been satisfied, and c) the Contractor shall have delivered a bond
as hereinafter specified in Article 1.8.7.
When the work is suspended as provided in Article 1.7.3., a semi-final certificate may be made
at the discretion of the Engineer. This certificate will show the cost of the work completed and
the estimated cost to complete the work, based on the unit prices bid and the quantities
scheduled in the Proposal as amended by Change Orders, if any, except that for such parts of the
work and for that reason are not appropriate for estimate as above provided, the estimated cost to
complete will be determined by the Engineer. When the semifinal certificate is approved,
�. payment will be made to the Contractor in the sum of the cost of the work completed after
deduction of previous monthly payments on account and deduction of twenty-five (25%) percent
of the estimated cost to complete the work determined as described above, provided, however,
that before said payment is made, the following requirements shall be satisfied: a) there shall be
no outstanding claims against the Contractor filed with the Owner, b) when directed by the
Engineer, the Contractor shall have furnished receipted bills or other satisfactory evidence that
all obligations incurred by him and his subcontractors in carrying out the work have been
satisfied, and c) the Contractor shall have delivered a bond as hereinafter specified in Article
1.8.7.
Before a semifinal payment will be made, the Contractor shall execute and deliver a release
substantially in the following form:
"In consideration of the above payment, (1)(We) hereby release the Owner, Engineer,
and their agents from all claims and liability of whatsoever nature for anything done or
famished or in any manner growing out of the performance of the Project, except that
it is understood that credit will be given in the final certificate for the amount, covering
,. twenty-five (25%) percent of the estimated cost to complete the work, which has been
deducted in the semifinal certificate."
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1.8.5. Payments Cont'd)
Before final payment, based on the final certificate of cost and actual quantities will be made,
the Contractor shall execute and deliver a release substantially in the following form:
"In consideration of the above payment, (1)(We) hereby release the Owner, Engineer
and their agents from all claims and liability of whatsoever nature for anything done or
furnished or in any manner growing out of the performance of the Project."
The acceptance by the Contractor of payment of said final or semi-final certificate shall operate
.. as and shall be released to the Owner, the Engineer and their agents from all claims or liability to
the Contractor for anything done or furnished for or relating to the Project, or any act or neglect
.. of the Owner, the Engineer or any person relating thereto, and except that in the case of
semifinal certificate being paid as above described, the Contractor has the right and is obligated
to continue and complete the Project when notice to resume has been received by him.
1.8.6. Termination of Responsibility
When all the work included in this Contract has been accepted by the Owner and Engineer and
the final certificate has been paid, the Project shall be considered as completed, and the
•. Contractor shall be released from all further obligations and requirements, except as set forth
and provided in Articles 1.5.8. and 1.8.7. and as provided in Article 1.8.5.
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1.8.7. MaintenanceBond
At the time Final Payment is submitted, as provided in Article 1.8.5., the Contractor shall furnish
a surety corporation bond to the Owner in a sum equal to one hundred (100%) percent of the
Contract price. The bond shall remain in full force and effect for a period of one (1) year. The
.. bond shall stipulate that in the event any work performed or materials and equipment furnished
were not performed or furnished according to the terms and performance requirements of the
., Contract, then Surety will make good the defects thereof which have become apparent before the
expiration of the said period of one (1) year. In addition and continuing thereafter, the
Contractor shall be responsible and liable to the Owner for any defects in the work or material
supplied in accordance with the applicable law.
If, in the judgment of the Engineer, any part of the Project need be replaced, repaired or made
good during the specified guaranty period, for the reasons stated above, he will notify the
Contractor in writing. If the Contractor refuses or neglects to start such work within five (5)
days from the date of service of such notice or at such other time as the Engineer may direct, or
if he fails to complete such work within the time prescribed by the Engineer, then the Owner
will have the work done by others and the cost thereof shall be paid by the Contractor or his
Surety. Before the Surety is released from its bond, the Engineer shall certify in writing that the
foregoing obligations have been duly performed.
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1.8.7 Maintenance Bond (Cont'd)
It shall be the Contractor's and/or Surety's responsibility to notify the Owner in writing by
registered mail sixty (60) calendar days prior to the expiration of the Project Maintenance Bond
that said Bond is due to expire.
1.8.8. As -Built Drawings
Prior to final payment, the Contractor shall furnish the Engineer with one (1) set of prints upon
which as -constructed dimensions of all appurtenances are shown as determined by a Florida
State Licensed Surveyor hired by the Contractor. The format of the as -built prints shall meet the
_ approval of the Engineer. No separate payment will be made for As -Built Drawings, the cost
thereof shall be included in the prices bid for the various items, or lump sum bid, scheduled in
the Proposal.
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SECTION 9
SPECIAL DIVISION
1.9.1. Description of Work
Without intending to limit and/or restrict the scope of the work required by the Specifications and
the applicable drawings, the work generally consists of furnishing and installing all materials,
equipment, accessories, appliances and providing all labor, transportation, and services necessary
to accomplish and complete the construction of the following:
Construct 84' long steel sheet piling Waterway Control Structure with cast -in-place
concrete cap, chain link fencing, earthwork, rubble rip rap blanket, sod, wetland planting,
roller chopping, and removal of roller chopping debris, restoration, remove and dispose
existing corrugated metal piping, all else necessary therefore and incidental thereto.
The existing Stonecrop Dam shall remain functional while constructing the new
Waterway Control Structure and shall not impede the storm runoff during a climatic
event. Construction and sediment control shall be accomplished in accordance with all
Local and State Regulatory Agencies.
1.9.2. Pre -Bid Conference
This is to supplement Article 1.2.15.
A Mandatory Pre-bid conference will be held on at date, time and place as stipulated in the
"Notice of Invitation to Bid."
1.9.3. Contract Change Orders
This is to supplement Article 1.8.3.
The following form included in this Section shall be utilized for the processing of any and all
Change Orders.
1.9.3. Change:.Order
CITY OF SEBASTIAN CHANGE ORDER FORM
CHANGE ORDER # PROJECT NAME
PURCHASE ORDER # PROJECT #
CONTRACTOR PHONE#
ADDRESS CONTRACT NAME
- CONTRACT DATE
By the signatures waxed below, both the City and the Contractor am= to the changes as stipulated herein. Upon proper execution
of this document the Contractor is hereby notified to commence work All changes stated below are hereby incorporated and made
a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while
executing the change(s) stipulated as follows:
A) CONTRACT PRICE PRIOR TO THIS CHANGE S
NET (INCREASE) (DECREASE) RESULTING FROM THIS CHANGE S
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER g
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B) CONTRACT TIME PRIOR TO THIS CHANGE. (NUMBER OF DAYS.)
NET (INCREASE) (DECREASE) RESULTING FROM THIS CHANGE. MTMBER OF DAYS_)
NEW COMPLETION DATE INCLUDING THIS CHANGE. mo day yr.
CONTRACTOR: CITY OF SEBASTIAN:
—^ Date Date
Authorized Signature Authorized City Manager
Title
Approvals By City of Sebastian:
Other
Engineer City
Dept. Head
Finance Director
Purchasing Oficial
ATTEST:
Kathryn M O'Halloran. CMC/AAE
Ciry Clerk for Citv of Sebastian
1 9.3. Change Order(Cont'd)
CONTRACT CHANGE ORDER
CHANGE ORDER ORIGINAL CONTRACT PRICE:
DATE: REVISED CONTRACT PRICE:
JOB NAME STONECROP DAM REPLACEMENT
OWNER: CITY OF SEBASTIAN
***eeerrrreseeerrrreeeerrrsrere*r*rrereeerrrreeererr*�*****�:*�*******+��+***r
The amount of the Contract will be Decreased Increased Unchanged by the sum of:
,., (Written Amount)
Dollars ($ ).
.. The Contract total including this Change Order will be:
(Written Amount)
Dollars($ ).
The Contract Time provided for Project completion will be ❑ Decreased ❑ Increased
❑ Unchanged
Days. ( ).
This document will become a supplement to the Contract and all provisions will apply hereto.
�"*rrer*rr�*rerrerr*errse*rr�*��*rrssrre*er***►��*r*rrrr**eeeereer****rere*res**
CONTRACTOR: DATE:
,., ENGINEER: DATE:
MASTELLER & MOLER, INC.
OWNER: DATE:
City of Sebastian
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1.9.4. Pre -Construction Conference
This is to supplement Article 1.3.8.
^ A pre -construction conference will be held at a time to be determined by the Engineer, with the
Contractor, The City of Sebastian, interested utility companies and other interested parties, to
discuss the implementation of this Project.
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1.9.5. Time of Starting and Completing Work
Time is of the essence on this Contract. The Contractor shall begin work on the Contract
^ promptly and shall complete the work within the specified period of time after the Notice to
Proceed, as directed by the Owner. If the work is not completed in the specified time, the
Contractor shall thereafter pay to the Owner, liquidated damages as described in Article 1.7.7.
The amount of calendar days permitted for this contract is (120) days.
1.9.6. Insurance
Article 1.6.1. is supplemented to include the following insurance requirements.
The Contractor shall furnish evidence to show that the following agencies are covered by the
^ Contractor's General Comprehensive Liability Insurance specified in Article 1.6.1.
City of Sebastian
^ Masteiler & Moler, Inc.
The above named agencies shall be furnished copies of the insurance documents proving their
^ coverage.
M 1.9.7. Permits and Licenses
_ This is to supplement Article 1.6.5.
The Contractor shall give proper notice to the State and/or City Department of Highways when
^ work is to be performed on State and/or City road rights-of-way. The Contractor will pay the
cost of any inspector or flagman required by the State and/or City Department of Highways and,
in addition, will pay the cost of bond, as required, accompanying the permit. These costs
�. applicable to unit price contracts shall be included to the basic price bid for the work.
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1.9.7. Permits and Licenses (Cont'd)
The Owner accepts responsibility for obtaining permits from the following agencies:
St. Johns River Water Management District
_ 1.9.8. Interpretation of Specifications
This Project is to be constructed in accordance with City of Sebastian Standards and
Specifications. These Specifications incorporate by reference City of Sebastian Standard
Specifications. In any instance where there is a conflict between these Specifications and the City
of Sebastian Standards and Specifications, the City of Sebastian Standards and Specifications will
.. supersede.
1.9.9. Maintenance and Protection of Traffic
This is to supplement Article 1.4.3.
The Contractor shall abide by the Specifications for Maintenance and Protection of Traffic as
described in the latest edition of the State of Florida Department of Transportation Standard
Specifications for Road and Bridge Construction.
1.9.10. Pre -Construction Photoeranhs
Pre -construction photographs are not required by the Owner, nor will any separate payment be
.. made for pre -construction photographs or video tape recording.
., It is recommended that the Contractor consider obtaining pre -construction photographs or video
tap recording of pre -construction conditions at the site of sufficient detail that the validity of
damage claims may be determined. Historically, utility construction in existing residential areas
results in numerous damage claims, many of which can be settled with pre -construction
photographs or video tape recordings.
The services of an experienced commercial photographer or video taping company familiar with
utility construction is recommended. The cost of pre -construction photographs/video taping
should be included in the unit price bid for the appropriate items in the proposal.
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1.9.11. Inspection
This is to supplement Article 1.5.5.
If the Contractor works on Saturdays, Sundays, holidays, or more than eight (8) hours on a
weekday, he will be responsible for payment of the wages of the Resident Inspector(s).
Compensation for inspection services beyond the normal (8) hour weekday during the contract
period will be fifty ($50.00) dollars per hour, per inspector. Mileage reimbursement is included
in the field inspection rate.
The Engineer will invoice the Contractor directly for work done during the preceding month.
.. Payments will be made directly to the Engineer.
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This is to supplement Article 1.4.5.
This Article is amended to state the Contractor shall provide equivalent office space, equipment
and facilities subject to approval of the Engineer for use by the Engineer and/or his
.� Representatives.
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M 1.10.1. Form of Proposal
BID PROPOSAL
. FOR
STONECROP DAM REPLACEMENT
CITY OF SEBASTIAN
INDIAN RIVER COUNTY_ FLORIDA
M Proposal
(Bidder's Name)
(Bidder's Address)
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.. to furnish and deliver all materials and to do and perform all work in accordance with the
Contract Documents attached hereto for the City of Sebastian, Florida project "Stonecrop Dam
Replacement."
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To: The City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Gentlemen:
The undersigned Bidder has carefully examined the Contract Documents and the site of the work
and is familiar with the nature and extent of the work and any local conditions that may in any
., manner affect the work to be done, and the equipment, materials and labor required.
The undersigned agrees to do all the work and furnish all materials called for by said Drawings
and Specifications, in the manner prescribed therein, in accordance with the Contract
Documents and to the standards of quality and performance established by the Owner, for the
Unit Prices stated in the Bid Schedule, for each of the items or combination of items stipulated.
It is understood that certain quantities shown in the schedule are approximate only, subject to
increase or decrease and for the purpose of bid comparisons for determination of low Bidder. It
is further understood that payment will be in accordance with quantities placed in the
.� construction as more specifically provided in the Instructions to Bidders and Technical
Specifications included as part of the Contract Documents.
1. To do any extra work, not covered by the above schedule of prices, which may be
ordered by the Engineer upon authorization by the City Council, and to accept, as full
compensation therefore, such prices as may be agreed upon in writing by the Engineer and the
Contractor.
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r.,
1.10.1. Form of Proposal
2. To begin work within ten (10) calendar days from the date of receipt of Notice to
Proceed, and to complete the work no later than One Hundred Twenty. (120) calendar days after
receipt of Notice to Proceed.
3. To reimburse the City of Sebastian, as liquidated damages, for each calendar day
elapsing between the date herein specified as the date of full completion and the actual date of
such full completion of the contract work, the amount of Four Hundred Fifty Dollars ($450) per
calendar day.
Dated this day of 19
Respectfully submitted,
Contractor
Address
Phone Number
By:
1 10. 1. Form Of Proposal
SCHEDULE OF QUANTITIES, PRICES AND TOTAL BID
STONECROP WATERWAY CONTROL STRUCTURE
CITY OF SEBASTIAN, FLORIDA
General: The contractor shall furnish all labor, superintendence, materials, plant, power, light,
fuel, water, tools, appliances, equipment, supplies, and all other means of construction for
properly performing the work.
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
., STONECROP WATERWAY 1 LS
CONTROL STRUCTURE
TOTAL AMOUNT OF BID_
Written Amount of Total Bid
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The above "Total Amount Bid" for the above item shall be the basis of the award of the
Contract. The Owner reserves the right to reject any and/or all bids.
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1.10.1. Form of Proposal Won't)
Trench Safety
Bidder acknowledges that included in the various items of the proposal and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Fla.) effective
October 1, 1990. The bidder further identifies the costs to be summarized below:
TRENCH SAFETY MEASURE
DESCRIPTION
UNITS OF
MEASURE
FS
UNIT
(QUANTITY)
UNIT
COST
EXTENDED
COST
TOTAL
$
Failure to complete the above may result in the bid being declared non-responsive.
Signature
Address
Title Date
License Number (If Applicable)
(SEAL - if BID is by a corporation)
ATTEST:
W 1. 10.2. Non -Collusion Affidavit of Prime Bidder
State of Florida, City of Sebastian
partner, officer, representative or agent)
He is
of
being first duly sworn, deposes and says that: (owner,
the Bidder that has submitted the attached Bid:
He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid:
., Such Bid is genuine and is not a collusive or sham Bid;
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agree, directly or indirectly with any other Bidder, firm or person to submit a
collusive or sham Bid in connection with the Contract for which the attached Bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement of collusion or communication or conference with
any other Bidder, firm or person to fix the price or prices in the attached Bid or any other Bid, or
to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder,
or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage
against City of Sebastian or any person interested in the proposed Contract; and
The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement, on the part of the Bidder or any of its
agents, representatives, owner, employees or parties in interest, including this affidavit.
He further warrants that no person or selling agency has been employed or retained to solicit or
secure such contract upon an agreement or understanding for a commission, percentage,
,., brokerage or contingent fee, except bona fide employees or bona fide established commercial or
selling agencies maintained by (Contractor)
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(Signed)
(Title)
Subscribed and sworn to before me this
day of
My commission expires:
,19
M 1. 10.2. Non -Collusion Affidavit of Prime Bidder (Cont'd)
.,
M
STATE OF
Bid or Contract No.
SWORN STATEMENT UNDER SECTION 287.133(3)(A),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
(To be signed in the presence of
a notary public or other public
officer authorized to administer
oaths).
COUNTY OF
Before me, the undersigned authority, personally appeared who,
., being by me first duly sworn, made the following statement:
1. The business address of [name of bidder or
contractor] is
2. My relationship to [name of bidder
.. or contractor] is [relationship such as sole proprietor, partner, president,
vice president].
3. I understand that a public entity crime as defined in Section 287.133 of the Florida
Statutes includes 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 contract for goods or services to be provided to any public entity or such an agency or
political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
_ 4. I understand that "convicted" or "conviction" is defined by the statute to mean 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, non jury trial, or entry of a plea of guilty or nolo-
contendre.
5. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or
successor of a person or a corporation 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, or (3) those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate, or (4) a person or corporation who knowingly entered into a
joint venture with a person who has been convicted of a public entity crime in Florida
during the preceding 36 months.
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1.10.2. Non -Collusion Affidavit of Prime Bidder (Cont'd)
,., 6. Neither the bidder or contractor nor any officer, director, executive, partner, shareholder,
employee, member or agent who is active in the management of the bidder or contractor nor any
affiliate of the bidder or contractor has been convicted of a public entity crime subsequent to
., July 1, 1989.
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[Draw a line through paragraph 6 if paragraph 7 below applies]
7. There has been a conviction of a public entity crime by the bidder or contractor, or an
officer, director, executive, partner, shareholder, employee, member or agent of the bidder or
contractor who is active in the management of the bidder or contractor or an affiliate of the
bidder or contractor. A determination has been made pursuant to Section 287.133(3) by order of
the Division of Administrative Hearings that it is not in the public interest for the name of the
convicted person or affiliate to appear on the convicted vendor list. The name of the convicted
person or affiliate is . A copy of the order of the Division
of Administrative Hearings is attached to this statement.
[Draw a line through paragraph 7 if paragraph 6 above applies[.
Sworn to and subscribed before me in the state and county first mentioned
.. above on the _ day of 19_
seal)
Notary Public
My commission expires
1. 10.3. Questionnaire
QUESTIONNAIRE
The undersigned guarantees the truth and accuracy of all statements and answers herein
.. contained.
(Please use additional sheets as necessary to fully answer questions)
1. How many years has your organization been in business as a General Contractor?
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2. What is the last project of this nature that you have completed:
3. Have you ever failed to complete work awarded to you; if so, where and why?
4. Name three (3) individuals or corporations for which you have performed work and to
which you refer:
5. Have you personally inspected the proposed work site and have you a complete plan for
its performance?
6. Will you sublet any part of this work? If so, give details:
7. What equipment do you own that is available for the work?
8. What equipment will you purchase for the proposed work?
9. What equipment will you rent for the proposed work?
1. 10.3. Questionnaire (Cont'd)
., 10. The following is given as a summary of the Financial Statement of the undersigned: (List
Assets and Liabilities and use insert sheet, if necessary.)
in
11 State the true, exact, correct and complete name of the partnership, corporation or trade
name under which you do business, and the address of the place of business. (If a corporation,
state the name of the President and Secretary. If a partnership, state the names of all partners. If
a trade name, state the names of the individuals who do business under the trade name. It is
absolutely necessary that this information be furnished.)
Correct Name of Bidder
M (a) The business is a (Sole Proprietorship)(Partnership)(Corporafion)
(b) The address of principal place of business is:
(c) The names of the corporate officers, or partners, or individuals doing business under a
trade name, are as follows:
Bidder
., 1. 10.4. Bid Bond
BID BOND
.. KNOW ALL MEN BY THESE PRESENTS, that we
(hereinafter called the Surety), a Corporation duly authorized
under the laws of the State of Florida with its principal offices in the City of and
authorized to do business in the State of Florida are held and firmly bound unto
as Obligee, hereinafter called the Obligee,
in the sum of Dollars
($ ) for the payment of which sum will and truly to be made, the said Principal and
the said Surety, bind ourselves, our heirs, executors, administrators, successors, and assigns,
_ jointly and severally, firmly by these presents.
WHEREAS, the Principal is about to submit or has submitted a bid for
., WHEREAS, the Principal desires to file this Bond in accordance with law, in lieu of a Certified
or Cashier's Check otherwise required to accompany this Bid,
., NOW, THEREFORE, if the Obligee shall accept the Bid of the Principal and the Principal shall
enter into a Contract with the Obligee in accordance with the terms of such Bid, and give such
., Bond or Bonds as may be Specified in the Bidding or Contract Documents with good and
sufficient Surety for the faithful performance of such Contract and for the prompt payment of
labor and material furnished in the prosecution thereof, or in the event of the failure of the
- Principal to enter such Contract and give such Bond or Bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between the amount specified in said Bid
and such larger amount for which the Obligee may in good faith contract with another party to
perform the Work covered by said Bid, then this obligation shall be null and void, otherwise to
remain in full force and effect.
M SIGNED AND SEALED THIS day of , 19
M
M Witness
Witness
Agent must attach current Power of Attorney
Principal Seal
Title
Surety
Title
1 10. 5. Surety's Consent
SURETY'S CONSENT
That for and in consideration of the sum of One Dollar ($1.00), lawful of the United States, paid
the undersigned corporation and for other valuable considerations, the receipt whereof is hereby
acknowledged, the
consents and agrees that, if the Contract for which the preceding Proposal is made be awarded to
_ this Company will become bound as surety for its faithful performance, and will execute the
Payment Bond following Section 11, Division 1 hereof, and if the said
shall omit or refuse to execute such Contract within ten (10) days from the time when notified so
., to do, then the undersigned corporation will pay, without proof of notice, on demand, to the said
any difference between the sum which
the next highest bidder, or the person, persons or corporation to whom the Contract shall be
finally awarded, would be entitled to receive upon such completion and the amount of the
foregoing Proposal, the amount of said difference to be calculated upon the estimated amount of
work by which the bids are tested.
If more than one surety executes this consent, each such corporation shall become bound, jointly
and severally, by the terms thereof.
IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed
by its proper officers and its corporate seal to be hereto affixed this day of
A.D., 19
NOTE: The surety must sign below and state its place of business or residence:
(Attach acknowledgment and statement of surety or sureties here.)
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1.10.6. Statement of Stockholder Information
STATEMENT OF STOCKHOLDER INFORMATION
(to be submitted with Proposal)
In compliance with Chapter 33, Laws of 1977, the following stockholder information is
submitted (See Article 1.2.7.)
Name of Corporation, Partnership or Individual Submitting Proposal
Address
LIST OF STOCKHOLDERS
NAME ADDRESS
1.10.7. Drug Free Workplace
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies
that
does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' 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.
3. 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 o f 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.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through
implementation of Paragraph 1 through 5.
Date:
As the person authorized to sign this statement, I certify that this firm complies fully
with the above requirements.
Signature
1.10.7. Drug Free Workplace
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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 CRM ES, 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.
"," 1.10.7. Drug Free Workplace
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
_ 1. This sworn statement is submitted with Bid, Proposal or Agreement No.
for THE CITY OF SEBASTIAN.
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 (please print name of
.� individual signing) and my relationship to the 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,
B
1.10.7. Drug Free Workplace
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.)
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
fist. (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.)
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1.10.7. Drug Free Workplace
The person or affiliate has not been placed on the convicted vendor Est. (Please
describe any action taken by or pending with the Department of General Services.)
(Signature)
STATE OF FLORIDA
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The foregoing instrument was acknowledged before me this day of
1999 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.
My Commission Expires:
Commission Number:
D
1 11. 1. Form of Agreement
FORM OF AGREEMENT
CITY OF SEBASTIAN
STONECROP DAM REPLACEMENT
CITY OF SEBASTIAN. FLORIDA
THIS AGREEMENT made and entered into on the _ day of 19_, by and
between: (name) (address) hereinafter
called the Contractor, and CITY OF SEBASTIAN, a Political Subdivision of the State of Florida
organized and existing under the Laws of the State of Florida, hereinafter called the City
WITNESSETH:
That the Contractor and the City, for the consideration hereinafter named, agree as follows:
Article 1: SCOPE OF THE WORK: The Contractor shall famish all of the materials and
perform all the work shown on the Drawings and described in the Specifications entitled
�* STONECROP DAM REPLACEMENT for the City of Sebastian, Florida and shall do everything
required by this Agreement and Contract Documents.
Article 2: COMMENCEMENT AND COMPLETION: The Contractor will be required to
commence work under this Contract as stipulated in the Notice to Proceed and shall complete
the project within One Hundred Twenty. (1201 calendar days as specified in the Bidding and
General Requirements. The Contractor agrees to reimburse OWNER, as liquidated damages for
_ each calendar day elapsing between the date herein specified as the day of full completion and
the actual day of such completion of the contract work the amount of Four Hundred Fifty Dollars
($450.00) per calendar day. Time is of the essence.
Article 3: THE CONTRACT SUM: The City will pay the Contractor for performance of
., the Contract, subject to additions and deductions provided therein, in current funds as follows:
Numerical Amount:
Written Amount:
..
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1 11. 1. Form of Agreement (Cont'd)
Article 4: PROGRESS PAYMENTS: The City will make partial payment during the
progress of the work as approved by City of Sebastian and the Engineer.
Article 5: ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the
work is ready for final inspection and acceptance, the City Engineer will promptly make such
inspection and when he finds the work acceptable under the terms of the Contract and finds the
Contract fully performed, he will promptly issue a final certificate, over his own signature,
stating that the work provided for in this Contract has been completed, and acceptance by him
under the terms and the conditions thereof is recommended and the entire balance found to be
due the Contractor will be paid to the Contractor by the City of Sebastian following City
approval of the final Contract payment.
Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with the work have
been paid. An affidavit must be submitted by the Contractor to the Engineer stating that all
indebtedness connected with the work has been paid. Such affidavit will be signed by a duly
authorized officer of the contracting firm, will bear the firm's seal, and will be notarized and
attested by two witnesses. A Waiver -of -Lien form signed by a duly authorized officer of the
subcontracting firm, notarized and attested by two witnesses is required from each Subcontractor
engaged under the scope of this Contract, and must accompany the request for final payment.
The making and acceptance of the final payment shall constitute a waiver of all claims by the
City, other than those arising from unsettled liens, from faulty work appearing after final
payment or from requirements of the Specifications and of all claims by the Contractor, except
those previously made and still unsettled.
Article 6: THE CONTRACT DOCUMENTS: Advertisement for Bids, Addendum as
Required, Bidding and General Requirements, Bid Proposal, Questionnaire, Form of Agreement,
Final Payment -Contractor, Affidavit, Final Pay Request, Payment & Performance Bond,
Technical Specifications, and the Drawings, form the Contract and they are as fully a part of this
Contract as if the same were hereto attached or herein repeated.
Article 7: LIABILITY INSURANCE: The Contractor, on his part, agrees to protect,
indemnify, save harmless and ensure the City of Sebastian and Masteller & Moler, Inc. from any
liability to any persons for injuries to the person, including loss of life, or damage to property,
resulting from the acts or omissions of the Contractor, or any subcontractor, or the officers,
employees or agents thereof, in performing his obligations under this Contract. The parties
expressly recognize that the relationship between the City of Sebastian and Contractor is that of
independent contractors, and that neither the Contractor nor any of his servants, agents or
employees shall ever be considered to be an agent, servant or employee of the City of Sebastian.
1 11 1. Form of Agreement (Cont'd)
Article 8: PAYMENT & PERFORMANCE BOND: The Contractor shall furnish the City
immediately upon acceptance of the Bid, and prior to any obligation of the City to execute this
Contract or to issue the Notice to Proceed, a Payment Bond in the penal sum of the contract
amount, with good and sufficient sureties, conditioned upon the performance of this Contract by
the Contractor in accordance with the terms and conditions hereof, within the time herein
_ provided, and with the additional obligation that such Contractor shall promptly make payment
to all persons supplying him labor, materials and supplies, used directly or indirectly by the said
Contractor in the prosecution of the work provided for in this Contract. For any Contract not
exceeding $100,000.00, the City may, waive the requirements for a Performance Bond as
required in this paragraph, and substitute in lieu thereof another suitable form of surety.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first
written above.
., (Contractor)
Signed and sealed by the
Contractor in the presence of:
M
0
Attest:
CITY OF SEBASTIAN (Owner)
., Signed and sealed by the
Owner in the presence of:
0
Attest:
Noted and Approved
(Seal)
Terrence Moore, City Manager
City of Sebastian
Kay O'Halloran, City Clerk
(Seal)
(Seal)
1, 11.2. Performance Bond
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(Flame of Contractor)
(Address of Contractor)
a hereinafter called PRINCIPAL and
(Corporation, Partnership, Individual)
(Name of Surety)
^ hereinafter called SURETY, are held and firmly bound unto
City of Sebastian
(Name of Owner)
1225 Main Street SebastianFlorida 32958
(Address of Owner)
hereinafter called OWNER in the total aggregate penal sum of
Dollars ($ )
in lawful money of the United States, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a
certain contract with the OWNER, dated the day of 19� a copy of which is
hereto attached and made a part hereof for the construction of:
1. 11.2. Performance Bond (Cont'd)
NOW, THEREFORE, if the PRINCIPAL shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions, and agreements of said Contract during the original
term thereof, and any extensions thereof which may be granted by the OWNER, with or without
notice to the SURETY and during the one (1) year guaranty period and if the PRINCIPAL shall
satisfy all claims and demands incurred under such Contract, shall fully indemnify and save
harmless the OWNER from all costs and damages which it may suffer by reason of failure to do
so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may
incur in making good any default, then this obligation shall be void, otherwise to remain in full
force and effect.
PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the Contract or to the
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any way affect its obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of this Contract or to the WORK or to the
SPECIFICATIONS.
PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
amendment to the Contract not increasing the Contract price more than twenty (20%) percent, so
" as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the Contract
as so amended. The term "Amendment," wherever used in this BOND and whether referring to
this BOND, the Contract or the Loan Documents, shall include any alteration, addition,
extension or modification of any character whatsoever.
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1. 11.2. Performance Bond Co fdd
WITNESS WHEREOF, this instrument is executed in counterparts, which shall be
(Number)
deemed an original, this the day of
ATTEST:
(Principal) Secretary
(SEAL)
Witness as to Principal
Address:
ATTEST:
Witness as to Surety
Address:
Principal
Address:
Surety
By
Attorney -in -Fact
Address:
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.
1 11 3. Payment Bond
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
hereinafter called PRINCIPAL and
(Corporation, Partnership, Individual)
(Name of Surety)
hereinafter called SURETY, are held and firmly bound unto.
City of Sebastian
(Name of Owner)
1225 Main Street SebastianFlorida 32958
.. (Address of Owner)
hereinafter called OWNER and unto all persons, firms, and corporations who or which may
finish labor, or who furnish materials to perform as described under the contract and to their
successors and assigns in the total aggregate penal sum of
Dollars in lawful money of the United States, for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the PRINCIPAL entered into a
certain contract with the OWNER, dated the day of 19 a copy of which is
hereto attached and made a part hereof for the construction of:
�. NOW, THEREFORE, if the PRINCIPAL shall promptly make payment to all persons, firms, and
corporations finishing materials for or performing labor in the prosecution of the WORK
provided for in such contract, and any authorized extensions or modification thereof, including
all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery,
equipment and tools, consumed or used in connection with the construction of such WORK, and
1. 11.3. Payment Bond (Con't)
- for all labor cost incurred in such WORK including that by a SUBCONTRACTOR, and to any
mechanic or materialman lien holder whether it acquires its lien by operation of State or Federal
law; then this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, that beneficiaries or claimants hereunder shall be limited to the
SUBCONTRACTORS, and persons, firms and corporations having a direct contract with the
PRINCIPAL or its SUBCONTRACTORS.
PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and agrees
., that no change, extension of time, alteration or addition to the terms of the contract or to the
WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in
any way affect its obligation on this BOND, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the teams of this contract or to the WORK or to the
SPECIFICATIONS.
PROVIDE, FURTHER, that no suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the PRINCIPAL, shall have
given written notice to any two of the following: the PRINCIPAL, the OWNER, or the SURETY
above named within ninety (90) days after such claimant did or performed the last of the work or
labor, or furnished the last of the materials for which said claim is made, stating with substantial
accuracy the amount claimed and the name of the party to whom the materials were furnished, or
for whom the work or labor was done or performed. Such notice shall be served by mailing the
same by registered mail or certified mail, postage prepaid, in an envelope addressed to the
PRINCIPAL, OWNER, or SURETY, at any, place where in office is regularly maintained for the
transaction of business, or served in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such service need not be made by a
public officer. (b) After the expiration of one (1) year following the date of which PRINCIPAL
ceased work on said CONTRACT, is being understood, however, that if any limitation
embodied in the BOND is prohibited by any law controlling the construction hereof, such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
PROVIDED, FURTHER, that it is expressly agreed that this BOND shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon
.. amendment to the Contract not increasing the contract price more than 20 percent, so as to bind
the PRINCIPAL and the SURETY to the full and faithful performance of the Contract as so
amended. The term "Amendment," wherever used in this BOND and whether referring to this
.. BOND, the contract or the loan documents shall include any alteration, addition, extension or
modification of any character whatsoever.
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1.11.3. Payment Bond (Coni)
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR
shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
WITNESS WHEREOF, this instrument is executed counterparts, which shall be
(Number)
deemed an original, this the day of
ATTEST:
(Principal) Secretary
(SEAL)
Witness as to Principal
Address:
ATTEST:
Witness as to Surety
Principal
By
Address:
Surety
Address: Address:
.. NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is partnership, all partners should execute BOND.
HAPORTANT: 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
�+ where the Project is located.
1. 11.4. Notice of Award
NOTICE OF AWARD
TO:
PROJECT Description:
The OWNER has considered the BID submitted by you for the above described WORK in
response to its Advertisement of Bids dated 19� and Information for
Bidders.
.. You are hereby notified that your BID has been accepted for items in the amount of
., You are required by the Information for Bidders to execute the Agreement and furnish the
required CONTRACTOR'S Performance BOND, Payment BOND and Certificates of Insurance
within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) calendar days
from the date of this Notice, said OWNER will be entitled to consider all your rights arising out
of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your BID BOND.
The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this day of -19
(Owner)
I�
Title:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged by
this the day of 19
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Title:
1. 11.5. Notice to Proceed
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NOTICE TO PROCEED
To: Date:
Project:
You are hereby notified to commence WORK in accordance with the agreement dated
19, on or before , 19_. You are to complete the
WORK within (_) consecutive calendar days from this date. The date of completion of all
WORK is, therefore, the _ day of -19
(Owner)
By: _
Title:
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO
PROCEED is hereby acknowledged
by
this the _ day of
19� by
Title:
1.11.6. Affidavit
AFFIDAVIT
State of, County Of
.� Before me personally appeared the undersigned who, by me being first duly sworn, deposes and
says:
PW The undersigned is a sub -contractor under the prime contractor under a contract entered into by
and between
and for the performance of the following described work:
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The undersigned further deposes and says that said labor, materials, and/or services were of a
total value of $ , of which there remains due owing and unpaid the sum of
$ to the undersigned.
(Corporate Seal)
Witness:
(Sub -contractor)
Attest:
Sworn to and subscribed before me Title:
this _ day of 119.
(Notary Seal)
Notary Public State of Florida at Large
.. My Commission Expires:
1. 11.7. Final Payment - Contractor
FINAL PAYMENT - CONTRACTOR
STATE OF FLORIDA, COUNTY OF Indian River
.. Personally before the undersigned officer, authorized by the laws of said state to administer
oaths, comes , who on oath says;
That he is the Contractor with whom Owner, political subdivision of said state, did on the
day of , 19. enter into a contract for the performance of certain work, more
particularly described as follows:
Affiant further says that said construction has been completed and the Contract therefore fully
performed and final payment is now due and that all lienors contracting directly with or directly
.. employed by such Contractor have been paid in full EXCEPT:
NAME DESCRIPTION AMOUNT
W who have not been paid and who are due the amount set forth.
WITNESS: (Corporate Seal)
on (Contractor)
Subscribed and sworn to before me
this _ day of , 19_ Attest:
.. Notary Public State of Florida
at Large. My Commission Expires: (Notary Seal)
I herewith acknowledge receipt of final payment on above and do hereby certify that I have no
claims against the Owner of said property.
OWNER (Owner)
By:
Thomas Frame, City Manager
(Contractor)
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I.11.8 Partial Payment Form
PARTIAL PAYMENT ESTIMATE
(NUMBER )
Name of Contractor:
Name of Owner
(Association): City of Sebastian
Date of Completion: Amount of Contract: Dates of Estimate:
Original 10riginal $ From
Revised IRevised $ To
Description of Job:
City of Sebastian Project #
Stonecrop Dam Replacement
CONTRACT ITEMS
THIS PERIOD
TOTAL TO DATE
Item
Quantity
Unit
Unit
Price
Quantity
Amount
Quantity
Amount
1 11 .8. Partial Payment Form (Con't)
Amount This Period Total to Date
Amount Earned $ $
Amount Retained
$
$
Previous Amounts
$
Amount Due
$
$
Estimated Percentage of Job Complete
Is Contractor's Construction Progress on Schedule?....... Yes No
I hereby certify that I have carefully inspected the work and, as a result of my inspection and to
the best of my knowledge and belief, the quantities shown in this estimate are correct and have
not been shown in previous estimates and the work has been performed in accordance with the
contract documents.
(Name of Contractor
By:
MASTELLER & MOLER, INC.
(Engineer Firm)
Earl H. Mastel ler P.E. President
Date Date
Approved by City of Sebastian:
By:
DIVISION 2
SUPPLEMENTARY SPECIFICATIONS
SECTION I
2.1.1. Mobilization
Description
., Mobilization shall consist of initiating the Contract, and may include such portions of the
following as are required at the beginning of the Project: setting up the Contractor's general
plant, offices, shops, storage areas, sanitary and other facilities as required by the specifications,
by Local or State Law, or by regulation; providing access to the project site; obtaining necessary
permits and licenses and payment of fees; protecting existing utilities; lighting work areas;
providing working drawings; sampling and testing of materials and providing required insurance
and bonds.
Materials
Such materials as are required that are not to be part of the completed contract shall be
determined by the Contractor.
Methods of Construction
All work done in providing the facilities and services under this item shall be done in a safe and
workmanlike manner.
Ouantity and Pavment
Payment for Mobilization shall be included in the Lump Sum Price bid for "Stonecrop Water
Control Structure" in the Proposal, which price shall include the costs of initiating the Contract
as hereinbefore described
ft 2.1.2. Clearing Site
Description
Clearing site shall consist of the work of clearing the site of the project within the limits
specified, including the removal and resetting of street and road signs, mail boxes, bushes and
shrubs, resetting fences, removal of trees, grubbing and removal of all _other material or
obstruction necessary for the proper construction of the Project.
Materials
No materials are involved.
WN 2.1.2. Clearing Site
Method of Construction
The site of the project shall be cleared within the limits of construction including the removal of
all trees, brush, weeds, roots, stumps, matted leaves, small structures, debris, and other
unsuitable matter, except as otherwise hereinafter provided or as noted on the Contract Plans.
Trees, shrubs, and other landscape features within the limits of construction which do not
., interfere with the Project and are shown on the plans or designated by the Engineer for
preservation shall not removed, but shall be protected during the progress of the work in a
manner satisfactory to the Engineer and shall be trimmed of overhanging branches at the
., direction to the Engineer.
All dead trees and those which die during the life of the Contract remaining after clearing site
shall be removed. Such removals shall be part of the work included in site clearing.
In performance of clearing site, the Contractor shall be responsible for the preservation of all
public and private property, existing trees, plants and other vegetation that are to remain within
or adjacent to the project and shall use every precaution necessary to prevent damage or injury
thereto. The Contractor shall repair all injuries to bark, trunk, limbs and roots of remaining
plants by properly dressing, cutting, tracing and painting, using only approved tree surgery
methods, tools and material, and shall replace to their original condition by approved, seeding
methods and materials, all grass areas beyond the limits of construction which have been
damaged by his work. The Contractor shall not remove, cut, injure or destroy trees or shrubs
outside the limits of construction without authority of the Engineer.
When or where any direct or indirect damage or injury is done to.public or private property by -or
on account of any act, omission, neglect or misconduct, on the part of the Contractor in the
execution of the work, such property shall be restored by the Contractor, at his expense, to a
condition equal to that existing before such damage or injury was done, or he shall make good
such damage or injury in such other manner as may be acceptable to the Engineer.
RF.D. mail boxes shall be removed carefully and shall be reset at the exact locations approved
by the Owners and by the Engineer so as to be accessible to the postal carrier without having to
leave the truck.
Street and road signs which were removed shall be carefully reset at the exact location and in the
manner required by the public authorities having jurisdiction thereof.
Prior to acceptance of the Project, all materials and debris accumulated shall be removed from
the site of the Project and shall be disposed of by the Contractor as herein before specified. The
ground surface shall be graded, if necessary, to eliminate water pockets and the entire site of the
Project shall be cleaned up and left in a condition satisfactory to the Engineer.
.IN 2.1.2. Clearing Site
Quantity and Payment
Separate payment for the item "Clearing Site" will not be made, but shall be included in the lump
sum price bid in the Proposal. The price shall include. the cost of clearing, grubbing, disposal of
trees and other accumulated materials, the removal and resetting of mail boxes and road and
street signs, removal of trees and resetting of fences, all as above described, all materials, labor,
equipment and all else necessary therefore and incidental thereto.
2.1.3. Maintenance and Protection of Traffic
Description
This work consists of the maintenance and protection of both vehicular and pedestrian traffic
within the area of the Project and shall include the furnishing and placing of all flashing warning
lights, signs, barricades and other protective devices; cleaning of streets; providing all necessary
personnel, such as uniformed traffic control officers and flagmen; all in accordance with City of
Sebastian right-of-way permit, these Specifications and/or as directed by the Engineer.
Traffic Control and Warning Devices
Maintenance and protection of traffic for this Project shall conform to the 1989 edition of the
Manual on Uniform Traffic Control Devices for Streets and Highways and its latest edition and
addenda, hereinafter referred to as the MUTCD; Section 102, Maintenance of Traffic of the
Florida Department of Transportation Standard Specifications, as amended, and all other
warning signs and maintenance devices as may be deemed necessary by the Engineer. Design
and coloration of barricades, traffic cones and drums shall be in strict conformance with
F.D.O.T. Standard Specifications and Sections 6C-2, 6C-3, 6C4 of the MUTCD.
Construction Requirement
Within ten (10) days after the Notice to Proceed, the Contractor shall submit, in writing for the
approval of the Engineer, a plan of the methods, traffic corridors, facilities and devices he
.. proposes for the use for the maintenance and protection of traffic. As a guide, the Contractor
shall refer to Figure #6-6 of Page 276 of the MUTCD and consider the warning devices as shown
on Figure #6-6 as the minimum requirements for qualification of this Article. .
2.1.3. Maintenance and Protection of Traffic
Construction Requirement (Cont'd)
Signs, barricades, traffic cones and electric flasher units shall be established, relocated, repaired
and replaced in such manner and at such times and places as may be necessary for adequate
protection of vehicular and pedestrian traffic, subject to the approval of the Engineer. The
Contractor shall provide sufficient flagmen and shall take all other precautions, including any
which may be ordered by the Engineer, that are necessary for the safety of the public and
protection of traffic and work. No trenches shall be left open within the usable traffic width of a
road, but shall be backfilled within the same day of construction of utilities. Patrols shall be
made on a regular basis to assure that all maintenance devices and warning signs are in working
condition and have a clean appearance.
The means provided for the maintenance of highway traffic shall be removed upon completion of
each project roadway, including shoulder operations and any damages done to public and private
property shall be made good by the Contractor at his own expense.
^ Ouantity and Payment
Separate payment for Maintenance and Protection of Traffic will not be made, but shall be
included in the lump sum price bid for "Stonecrop Water Control Structure." Said price shall
include finishing, placing and maintaining all traffic control and warning devices, providing all
necessary personnel, such as traffic control officers and flagmen, cleaning of streets, and all
equipment, materials, tools and labor incidental thereto.
2.1.4. Engineer's Field Office
This is to supplement Article 1.4.5.
No engineer's field office is required.
DIVISION 2
SUPPLEMENTARY SPECIFICATIONS
SECTION 2
2.2.1. Excavation for Test Pits -Unclassified
Description
Excavation for test pits shall include test excavations to determine precise locations of utilities,
including culverts, sewers, water pipe, gas pipe, conduits, cable, manholes, inlets and similar
structures.
Materials
No materials are required
Method of Construction
Before beginning construction, the Contractor shall ascertain the location and grade of all
subsurface structures which may interfere with such construction. Test pits shall be excavated
wherever necessary to obtain the required information, subject to the approval of the Engineer.
Quantity and Payment
No separate payment for test pits will be made. For test pits, the cost shall be included in the
lump sum price bid for "Stonecrop Water Control Structure" in the Proposal, which price shall
include all excavation, materials, labor and all else necessary therefor and incidental thereto.
2.2.2. Earthwork
General
Related Requirements
Requirements of the Construction Documents including Drawings, General Conditions of this
Project Manual and modifications by Addenda or Change Order, apply to Work under this
Section.
DescriQtion Of Work
Construct and remove temporary construction berm and perform excavation to lines and grades
shown in the plans.
Products
Not Used
Execution
Excavation Of Existing Earthen Dam Sideslopes. And Canal Bottom:
Perform excavation using backhoes and/or clamshells to the lines and grades shown on the plans.
Spoil materials on adjacent Lot 12 shall be stored and graded in accordance with the plans.
Excess spoil material shall be hauled to Sebastian Golf Course and stockpiled at a location as
_ designated by the CITY. Do not allow runoff from spoiled material to degrade water quality.
Comply with St John's River Water Management District permit requirements.
Quantity and Payment
Separate payment for "Earthwork" will not be made but shall be included in the lump sum price
^, bid for "Stonecrop Water Control Structure" as stated in the proposal. Said price shall include
all else necessary therefore and incidental thereto.
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2.2.3. Rubble Riprap Blanket
General
Related Requirements
Requirements of the Construction Documents including Drawings, General Conditions of this
Project Manual and modifications by Addenda or Change Order, apply to Work under this
Section.
Description Of Work
Provide rubble riprap scour protection blanket downstream of the new weir structure as shown in
the plans.
Quality Assurance
Codes and Standards: Comply with provisions of following codes, specifications and standards,
except where more stringent requirements are shown or specified.
Florida Department of Transportation Standard Specifications for Road and Bridge Construction,
1991 Edition with 1994 Amendments.(FDOT SPEC)
Submittals
Submit certification of gradation and density for each type of riprap as well as source pit.
Products
Filter Fabric: Shall conform to "riprap filter" as specified in Sections 514 and 985 of the FDOT
SPEC.
Rubble Rinran: Shall conform to Section 530 of the FDOT SPEC except minimum density shall
be 1.9.
Special Rubble Rinraa: Shall conform to the requirements for RUBBLE RIPRAP except the
minimum stone weight shall be 4 pounds (ditch lining rubble), the maximum stone weight shall
be 75 pounds, and 50% of the individual stones shall weigh 30 pounds minimum.
Execution
See the referenced specifications for required placement. Stone shall be placed ( not dumped)
using a clamshell to insure stability of the individual pieces.
2.2.3. Rubble Riprap Blanket (Cont'd)
Quantity and Payment
Separate payment for "Rubble Riprap Blanket" will not be made but shall be included in the
lump sum price bid for "StonecropWaterControl Structure" as stated in the proposal. Said price
■- shall include all else necessary therefore and incidental thereto.
2.2.4. NOT USED
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2.2.5. Steel Sheet Pilins
General
Related Requirements
Requirements of the Construction Documents including Drawings, General Conditions of this
Project Manual and modifications by Addenda or Change Order, apply to Work under this
Section.
_ Description Of Work
The extent of sheet piling shown on Drawings.
Quality Assurance
_ Codes and Standards: Comply with provisions of following codes, specifications and standards,
except where more stringent requirements are shown or specified.
ASTM A572 "High -Strength Low -Alloy Columbium -Vanadium Steels of Structural Quality"
2.2.5. Steel Sheet Piling
Submittals
Submit proposed proprietary sheet pile data and layout to ENGINEER for review prior to start of
Work.
Products
Steel Sheet Piling: Approved continuous interlocking panels weighing not less than 21.9 psf of
wall. Panels shall have a minimum section modulus of 24.2 in 3 per lineal foot of wall and
minimum wall steel thickness shall be 3/8 inch. Steel shall comply with ASTM A572 Grade 50.
Protective Coating: Approved products: Porter 7080 Coal Tar Epoxy for Marine Applications
and Tnemec Hi -Build Tar (48H-413) for Immersion Service.
Execution
Protective Coating: Provide protective coating on each side of the upper 12' of the steel sheet
piling in strict conformance to manufacturer recommendations.
Steel Sheet Piling: Install sheet piling with an appropriate vibratory hammer, insuring full
interlocking of panels without damaging the sheet piling during the process.
Touch Up Of Protective Coating: Provide touch up of coating on exposed portion of wall after
installation.
Quantity and Payment
�. Separate payment for "Steel Sheet Piling" will not be made but shall be included in the lump
sum price bid for "Stonecrop Water Control Structure" as stated in the proposal. Said price shall
include all else necessary therefore and incidental thereto.
2.2.6. Cast -in -Place Concrete
General
Related Requirements
Requirements of the Construction Documents including Drawings, General Conditions of this
■+ Project Manual and modifications by Addenda or Change Order, apply to Work under this
Section.
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2.2.6. Cast -in -Place Concrete
Description Of Work
The extent of concrete work shown on Drawings.
Ouality Assurance
Codes and Standards: Comply with provisions of following codes, specifications and standards,
except where more stringent requirements are shown or specified.
W 1. ACI 301 "Specifications for Structural Concrete for Buildings"
2. ACI 308 "Standard Practice for Curing Concrete"
3. ACI 318 'Building Code Requirements for Reinforced Concrete"
Concrete Testing Service: Employ at CONTRACTOR'S expense a testing laboratory acceptable
to ENGINEER to perform material evaluation tests and to design concrete mixes.
Materials and installed work may require testing and re -testing, as directed by ENGINEER, at
any time during progress of work. Allow free access to material stockpiles and facilities. Tests,
not specifically indicated to be done at OWNER'S expense, including re -testing of rejected
materials and installed work, shall be done at CONTRACTOR'S expense.
Quality Control Testing During Construction
The CONTRACTOR will employ a testing laboratory to perform tests and to submit test reports.
Sampling and testing for quality control during placement of concrete may include the following,
as directed by ENGINEER.
Sampling Fresh Concrete: ASTM C172, except modified for slump to comply with ASTM
C94.
Slump: ASTM C143; one test for each concrete load at point of discharge; and one test for
each set of compressive strength test specimen.
Concrete Temperature: Test hourly when temperature is 40NF (4NC) and below, and when
80NF (27NC) and above; and each time a set of compression test specimens are made.
2.2.6. Cast -in -Place Concrete (Cont'd)
Compression Test Specimen: ASTM C31; one set of 5 standard cylinders for each
compressive strength test, unless otherwise directed. Mold and store cylinders for
laboratory cured test specimens except when field -cure test specimens are required.
Compressive Strength Tests: ASTM C39; one set for each 50 cubic yards or fraction
thereof; of each concrete class placed in any one day or for each 5,000 square feet of surface
area placed; 2 specimens tested at 7 days, 2 specimens tested at 28 days, and one specimen
retained in reserve for later testing if required.
a. When strength of field -cured cylinders is less than 85% of companion laboratory -
cured cylinders, evaluate current operations and provide corrective procedures for
protecting and curing the in-place concrete.
b. Strength levels of concrete will be considered satisfactory if averages of sets of
three consecutive strength test results equal or exceed specified compressive
strength, and no individual strength test result falls below specified compressive by
more than 500 psi.
Test results will be reported in writing to ENGINEER and CONTRACTOR on same day that
.. tests are made. Reports of compressive strength tests shall contain the project identification name
and number, date of concrete placement, name of concrete testing service, concrete type and
class, location of concrete batch in structure, design compressive strength at 28 days, concrete
mix proportions and materials; compressive breaking strength and type of break for both 7 -day
and 28 -day tests.
Additional Testing: The testing service will make additional test of in-place concrete when test
results indicate specified concrete strengths and other characteristics have not been attained in
the structure, as directed by the ENGINEER. Testing service may conduct tests to determine
adequacy of concrete by cored cylinders complying with ASTM C42, or by other methods as
directed. CONTRACTOR shall pay for such tests conducted, and any other additional testing as
may be required, when unacceptable concrete is verified.
Submittals
Submit concrete mix design to ENGINEER for review prior to start of work.
Laboratory Test Reports: Submit laboratory test reports for concrete materials and mix design
test as specified.
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2.2.6. Cast -in -Place Concrete (Cont'd)
Products
Forms
Form Coatings: Provide commercial formulation form -coating compounds that will not bond
with, stain nor adversely affect concrete surfaces, and will not impair subsequent treatments of
concrete surfaces.
Reinforcing Materials
Portland Cement: ANSI/ASTM C150, Type II, unless otherwise acceptable to ENGINEER. Use
_ one brand of cement throughout project, unless otherwise acceptable to ENGINEER.
Non -nal Weight Aggregate: ANSI/ASTM C33, and as herein specified. Provide aggregates from
_ a single source for exposed concrete. Coarse aggregate size shall be #57. Mix designs
containing #89 aggregate are not acceptable.
Water: Potable.
Air -Entraining_ Admixture: ANSI/ASTM C260.
Water -Reducing Admixture: ANSI/ASTM C494, Type A, and contain not more than 1%
chloride ions.
Calcium chloride not permitted.
Grine : Water cure as per ACI 308 for 7 days.
Reinforcing Steel: ASTM A615 Grade 60 deformed bars, free from oil, scale and rust and
placed in accordance with the typical bending diagram and placing details of ACI standards and
specifications. Secure approval of shop drawings prior to commencing fabrication.
Proportioning and Design of Mixes
Prepare design mix by either laboratory trial batch or field experience methods as specified in
ACI 301. If trial batch method used, use an independent testing facility acceptable to
ENGINEER for preparing and reporting proposed mix design.
Provide normal weight concrete with 4000 psi compressive strength at 28 days.
2.2.6. Cast -in -Place Concrete
M Proportioning and Design of Mixes (Cont'd)
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Admixtures:
1. Use water -reducing admixture or high range water -reducing admixture (super
_ plasticizer) in all concrete in strict compliance with manufacturer's directions.
2. Limits: Proportion and design mixes to result in concrete slump at point of
placement.
,* 3. Slump: Not less than 3" and not more than 5".
Concrete Mix
Ready -Mix Concrete: Comply with requirements of ANSI/ASTM C94, and as herein specified.
Addition of water to the batch will not be permitted. During hot weather, or under conditions
contributing to rapid setting of concrete, a shorter mixing time than specified in ANSI/ASTM
C94 may be required. When air temperature between 85NF (30NC) and 90NF (32NC), reduce
mixing and delivery time from 1-1/2 hours to 75 minutes, and when air temperature is above
90NF (32NC), reduce mixing and delivery time to 60 minutes, unless design mix approval
specify other limitations.
.. Execution
Joints
Construction Joints: Submit to ENGINEER for review, plan indicating location of construction
joints. Place construction joints perpendicular to the main reinforcement. Continue
reinforcement across construction joints.
Installation Of Embedded Items
Set and build into work anchorage devices and other embedded items required for other work
that is attached to, or supported by, cast -in-place concrete. Use setting drawings, templates,
diagrams, instructions and directions provided by suppliers of items to be attached thereto.
Concrete Placement
Pre -placement Inspection: Before placing concrete, inspect items to be embedded or cast -in.
Coordinate the installation of joint materials with placement of forms.
2.2.6. Cast -in -Place Concrete
Concrete Placement (Cont'd)
_ General: Comply with ACI 304, and as herein specified.
Deposit concrete continuously or in layers of such thickness that no concrete will be placed on
concrete which has hardened sufficiently to cause the formation of seams or planes of
weaknesses. If a section cannot be placed continuously, provide construction joints as herein
specified. Deposit concrete as nearly as practicable to its final location to avoid segregation.
Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically
at uniformly spaced locations.
Consolidate concrete during placing operations so that concrete is thoroughly worked around
reinforcement and other embedded items and into comers.
Cool ingredients before mixing to maintain concrete temperature at time of placement below
90NF (32NC). Mixing water may be chilled, or chopped ice may be used to control temperature
provided water equivalent of ice is calculated to total amount of mixing. Wet forms thoroughly
before placing concrete.
Finish of Formed Surfaces
Float Finish: After screening, consolidating, and leveling concrete surfaces, do not work surface
.. until ready for floating. Begin floating when surface water has disappeared or when concrete has
stiffened sufficiently to permit operation of power -driven floats, or both. Consolidate surface
with power -driven floats, or by hand -floating if area is small or inaccessible to power units.
Check and level surface plane to a tolerance not exceeding 1/4" in 10' when tested with a 10'
straightedge. Cut down high spots and fill low spots.
.. Concrete Curing And Protection
Protect freshly placed concrete from premature drying and excessive cold or hot temperatures.
Start initial curing as soon as free water has disappeared from concrete surface after placing and
finishing. Keep continuously moist for not less than (7) days. Begin final curing procedures
immediately following initial curing and before concrete has dried. Continue final curing for at
least (7) days in accordance with ACI 308 procedures. Avoid rapid drying at end of final curing
period.
Curing Method: Perform curing of concrete by water ciromg as per ACI 308
2.2.6. Cast -in -Place Concrete
Concrete Surface Repairs
Patching Defective Areas: Repair and patch defective areas with cement mortar immediately
after removal of forms, when acceptable to ENGINEER. Cut out honeycomb, rock pockets,
voids over 1/4" in any dimension, and holes left by tie rods and bolts, down to solid concrete but,
in no case to a depth of less than 1 inch. Make edges of cuts perpendicular to the concrete
surface. Thoroughly clean, dampen with water and brush -coat the area to be patched with
specified bonding agent. Place patching mortar after bonding compound has dried.
RRe air of Unformed Surfaces: Test unformed surfaces for smoothness and verify surface plane
to tolerances specified for each surface and finish. Correct low and high areas as herein
specified.
.. Repair finished unformed surfaces that contain defects which affect durability of concrete.
Surface defects, as such, include crazing, cracks in excess of 0.01" wide or which penetrate to
reinforcement or completely through non -reinforced sections regardless of width, spalling, pop -
outs, honeycomb, rock pockets, and other objectionable conditions.
Correct high areas in unformed surfaces by grinding, after concrete has cured at least 14 days.
Correct low areas in unformed surfaces during, or immediately after completion of surface
finishing operations by cutting out low areas and replacing with fresh concrete. Finish repaired
areas to blend into adjacent concrete. Proprietary patching compounds may be used when
acceptable to ENGINEER.
Repair defective areas, except random cracks and single holes not exceeding 1" diameter, by
cutting out and replacing with fresh concrete. Remove defective areas to sound concrete with
clean square cuts and expose reinforcing steel with at least 3/4" clearance all around. Dampen
concrete surfaces in contact with patching concrete and apply bonding compound. Mix patching
concrete of same materials to provide concrete of same type or class as original concrete. Place,
., compact and finish to blend with adjacent finished concrete. Cure in same manner as adjacent
concrete.
Repair isolated random cracks and single holes not over 1" in diameter by dry -pack method.
Groove top of cracks and cut-out holes to sound concrete with clean of dust, dirt and loose
particles. Dampen cleaned concrete surfaces and apply bonding compound. Mix dry -pack,
consisting of one part Portland cement to 1-1/2 parts fine aggregate passing a No. 16 mesh sieve,
using only enough water as required for handling and placing. Place dry -pack after bonding
compound has dried. Compact dry -pack mixture in place and finish to match adjacent concrete.
Keep patched area continuously moist for not less than 72 hours.
Repair methods not specified above may be used, subject to acceptance of ENGINEER.
2.2.6. Cast -in -Place Concrete
Quantity and Payment
_ Separate payment for "Cast -in -Place Concrete" will not be made but shall be included in the
lump sum price bid for "Stonecrop Water Control Structure" as stated in the proposal. Said price
shall include all else necessary therefore and incidental thereto.
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2.2.7. Chain Link Fences & Gates
General
The work included in this Section consists of providing a galvanized steel chain link fence,
nominally six (6) feet high, with three (3) strands of barbed wire at top, complete with gates
constructed along the lines shown on the Drawings.
Material
Fabric: The fabric shall be 72" high, No. 9 gauge galvanized wire woven in a 2" mesh. The steel
wire shall be uniformly galvanized in accordance with ASTM Designation A 641, Class I
coating. Top and bottom selvages shall be barbed.
Posts and Other Appurtenances: All posts and other appurtenances used in the construction of
this fence shall be hot dipped galvanized with a minimum of 1.8 ounces per square foot of
surface. Pipe sections shall conform to the requirements of ASTM Designation A 120.
Sizes of Posts: Gate Frames and Rails: Posts, frames and rails shall conform to FDOT Index 452
�. Fence Type `B."
Swing Gates: Gates shall be complete with latches, stops, keepers and hinges. Gate frames shall
be constructed of round square tubular members continuously welded at all corners or assembled
with fittings. Welds shall first be painted with a zinc based paint. Gate filler shall be of same
fabric as specified for the fence and shall be attached securely to the gate frame at intervals not
exceeding 14 inches. Hinges shall be of adequate strength for the gate and with large bearing
surfaces for clamping in position. The hinges shall not twist or turn under the action of the gate.
The gates shall be easily operable by one person. Latches, stops and keepers for all gates, with
provision for padlocking, shall be provided.
Padlock: The gate shall be provided with a padlock equal to Schlage No. 45-101 case -brass,
shackle -case hardened steel, 1" length with 9" of chain, 606 finish and keyed alike when more
than one.
Top Rail: The top rail shall be provided with couplings approximately every 20 feet. Couplings
are to be the outside sleeve type, at least 6" long.
.. Hardware: Miscellaneous hardware shall be of steel, malleable iron or ductile iron of standard
design and conform to the requirements of the Chain Link Fence Manufacturer's Institute. All
parts shall be galvanized except ties and clips may be of aluminum
2.2.7. Chain Link Fences & Gates
Execution
Posts: Posts shall be uniformly spaced, not to exceed 10' on centers. Intermediate posts shall
_ have waterproof tops which have integrally cast openings through which the top rails shall pass.
Terminal posts shall consist of end, comer and pull posts.
Braces: Braces shall be provided at each gate, corner, pull and end post.
Ton Brace Rails: Top rails on the fencing will not be required, except braces shall be provided
as specified above. The top brace rail shall be securely fastened to the terminal posts and line
posts by heavy pressed steel brace bands and malleable end connections.
Ton and Bottom Tension Wire: Top and bottom tension wires shall be coiled spring No. 9 gauge
galvanized steel wire. The tension wires shall be stretched taut between terminal posts and
securely fastened to each intermediate post 2" below top of fabric and 6" above the finish grade
.. line respectively. Tension wires shall be attached to the fence fabric with 9 gauge wire vinyl
clad hog rings every 24 inches.
Stretcher Bars: Stretcher bars shall be no less than 3/16" by 3/4" in cross section and shall have
a minimum length of 2" shorter than the fabric height. Stretcher bars shall be used for attaching
the fabric to all terminal posts by threading through the fabric and being attached to the posts
.. with 11 gauge tension bands, or other positive mechanical means, spaced at 12" centers. One
(1) stretcher bar shall be provided for each gate and end post and two (2) for each comer and pull
post.
Ties and Clips: Fabric shall be listened to all intermediate posts with 9 gauge tie wires, spacing
not to exceed 14" apart. Fabric shall be tied to top rail with 9 gauge tie wires with spacing not to
-� exceed 24" on centers.
-Terminal and Gate Posts: Terminal and gate posts shall be set as specified above and shall be
braced to the nearest post with a galvanized horizontal brace used as a compression member
and a galvanized 3/8" steel truss rod and truss tightener used as a tension member.
Quantic and Payment
No separate payment for will be made for "Chain Like Fences & Gates" but shall be included in
the lump sum price bid for "Stonecrop Water Control Structure" as stated in the Proposal. Said
prices shall include all else necessary therefor and incidental thereto.
2.2.8. Wetland Plantin¢
Description
This work shall consist of furnishing materials, equipment, labor and all else necessary for
Wetland Planting within the limits specified in accordance with the Plans and Specifications.
Materials & Method of Construction
The Contractor shall be responsible for roller chopping within the obligate and facultative
boundary areas. Immediately following the roller chopping operation, the Contractor shall clean
the areas of debris from roller chopping and remove the debris to an upland site designated by
the City of Sebastian which is suitable for debris disposal.
The Contractor shall be responsible for the planting program The planting program will be
successful based on 100% survival for 120 days from the date of substantial completion as
., determined by the Engineer.
All trees shall be three (3) gallon size (4-6 feet tall) planted on 20' centers.
All plants shall be planted and fertilized (maintained) in accordance with the supplying nursery
recommendations.
Quantity and Payment
No separate payment shall be made for "Wetland Planting" but shall be included in the Lump
Sum Price Bid for "Stonecrop Water Control Structure" as stated in the Contract Proposal Said
., price shall include all else necessary therefore and incidental thereto.
2.2.9. Audio -Video !Vm
Description
Prior to commencing the work, the Contractor shall have a continuous color audio -video tape
recording taken of the Project to serve as a record of pre -construction conditions.
No construction shall begin prior to review and approval of the tapes covering the construction
area by the Engineer. The Engineer shall have the authority to reject all or any portion of a video
tape not conforming to specifications and order that it be redone at no additional charge. The
Contractor shall reschedule unacceptable coverage within five (5) days after being notified. The
Engineer shall designate those areas, if any, to be omitted from our added to the audio -video
coverage. Tape recordings shall not be made more than ninety (90) days prior to construction in
any area. All tapes and written records shall become property of Owner. The tapes shall be
delivered to the Owner within ten (10) days after recording.
The Contractor shall engage the services of a professional electrographer. The color audio -video
., tapes shall be prepared by a responsible commercial firm known to be skilled and regularly
engaged in the business of pre -construction color audio -video tape documentation. The
electrographer shall furnish to the Engineer a list of all equipment to be used for the audio -video
taping, ie. manufacturer's name, model number, specifications and other pertinent information.
Audio -video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be
one-half inch, high energy, extended still frame capable, video cassette, shall be interchangeable
with the color video cassette player and shall be compatible for playback with standard VHS
player -receiver.
Eouinment
All equipment, accessories, materials and labor to perform this service shall be furnished by the
Contractor.
The audio -video tape system shall reproduce bright, sharp, clear pictures with accurate colors
and shall be free from distortion, tearing, rolls or any other form of imperfection The audio
portion of the recording shall reproduce the commentary of the camera operator with proper
volume, clarity and be free from distortion and interruptions.
When conventional wheeled vehicles are used, the distance from the cameral lens to the ground
shall not be less than twelve (12) feet. In some instances, audio -video tape cmgrage may be
required in areas not accessible by conventional wheeled vehicles. Such covcrage shvkA be
obtained by walking or special conveyance approved by the Engineer.
2.2.9. Audio -Video Taoine
Eauinment (Cont'd)
The color video camera used in the recording system shall have a horizontal resolution of 300
lines at center, a luminance signal to noise ratio of 45 dB and a minimum illumination
requirement of 25 foot candles.
Each tape shall begin with the current date, project name and municipality and be followed by
the general location, Le., name of street, house address, viewing side and direction of progress.
.. The audio track shall consist of an original live recording. The recording shall contain the
narrative commentary of the electrographer, recorded simultaneously with his fixed elevation
video record of the zone of influence of construction.
All video recordings must, by electronic means, display continuously and simultaneously
generated with the actual taping transparent digital information to include the date and time of
recording, and stations numbers as shown on the Drawings. The date information shall contain
the month, day and year. The time information shall contain the hour, minutes and seconds.
Additional information shall be narrated periodically. Such information shall include but not be
limited to project name, contract number, name of street, house address, direction of travel and
the viewing side. The written information shall appear on the left hand third of the screen.
All taping shall be done during times of good visibility. No taping shall be done during
precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to
properly illuminate the subjects of recording and to produce bright, sharp video recordings of
those subjects.
The rate of speed in the general direction of travel of the vehicle used during taping shall not
exceed 44 feet per minute. Panning, zoom -in and zoom -out rates shall be sufficiently controlled
to maintain a clear view of the object.
Tape coverage shall include all surface features located within the zone of influence of
construction supported by appropriate audio coverage. Such coverage shall include, but not be
limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping,
culverts, fences, signs and headwalls within the area covered.
Quantity and Payment
Separate payment for Audio -video Taping will not be made but shall be included in the lump
sum price bid for "Stonecrop Water Control Structure" as stated in the ProposaL Said price shall
include all else necessary therefor and incidental thereto.
DIVISION 2
SECTION 3
RESTORATION
2.3.1. Sod
Description
This work shall consist of famishing materials, equipment, labor and all else necessary to restore
areas as shown on plans and/or as directed by the Engineer.
M Materials and Methods of Construction
Shall conform to Section 575, "Sodding" in the Florida Department of Transportation Standard
.. Specifications for Road and Bridge Construction, 1991, as applicable.
Quantity and Payment
Separate payment for "Sod" will not be made but shall be included in the lump sum price bid for
"Stonecrop Water Control Structure" as stated in the Contract Proposal. Said price shall include
all equipment, materials, tools, labor, transportation and all work incidental thereto.
2.3.2. General Restoration
_ Description
The Contractor shall also be responsible for restoration and repair of all other public and private
property and/or structures not otherwise described in these Specifications which are disturbed as
.. a result of this Project.
Materials and Methods of Construction
Restoration of any and all disturbed public or private property and/or structures not otherwise
described in these Specifications, shall be made in accordance with applicable sections of the
Florida Department of Transportation Standard Specifications for Road and Bridge Construction,
1991, and City of Sebastian Standards.
Quantity and Payment
No separate payment shall be made for "General Restoration," but shall be included in the lump
sum price bid for "Stonecrop Water Control StruetyFe' as stated in the proposal. Said price shall
include all else necessary therefore and incidental thereto.
DIVISION 2
SECTION 4
SUBSURFACE EXPLORATION
2.4.1. Subsurface Exploration
Subsurface information has been obtained for the "Stonecrop Water Control Structure" project
for engineering design purposes as prepared by Universal Engineering Sciences, Inc. This
information is contained within this Section to provide the Bidder with information available.
The Bidder, however, shall make their own independent determination as to what value to assign
to this information.
This information is presented in good faith, but is not intended as a substitute for personal
investigations, interpretations or judgement of the Bidder.
UNIVERSAL
ENGINEERING SCIENCES
SUBSURFACE EXPLORATION
Stonecrop Waterway Control Structure
Roulette Street and Stonecrop Street
Sebastian, Florida
Client No. 32371-007-01
Report No. 41307
March 30, 1999
PREPARED FOR
Masteller & Moler, Inc.
2205 14' Avenue
Vero Beach, Florida 32960
PREPARED BY
Universal Engineering Sciences, Inc.
820 Brevard Avenue
Rockledge, Florida 32955
(407) 638-0808
Reviewed by:2-f3 f 0Conducted by: z'_6
David Agee, P.G. Brad Faucett, P.E.
Regional Manager Regional Engineer
Florida Registration . 1691 Florida Registration No. 33123
Consultants in: Geotechnical Engineering • Environmental Sciences • Construction Materials Testing
Offices in: Rockledge • Daytona • St. Augustine DeBarry •Orlando Gainesville Fort Myers .West
Palm Beach
TABLE OF CONTENTS
1.0 INTRODUCTION................................................................. 1
2.0 PROJECT CONSIDERATIONS..................................................... 1
2.1 Purpose................................................................. 1
3.0 SITE DESCRIPTION.............................................................. 2
3.1 Soil Survey............................................................... 2
3.2 Topography.............................................................. 2
4.0 SCOPE OF SERVICES............................................................ 3
4.1 Limitations............................................................... 3
5.0 FIELD METHODOLOGIES.......................................................... 4
5.1 Standard Penetration Tests .................................................. 4
5.2 Shelby Tube Samples ...................................................... 4
6.0 LABORATORY METHODOLOGIES.................................................. 5
6.1 Particle Size Analysis....................................................... 5
6.2 Permeability Tests......................................................... 5
7.0 SOIL STRATIGRAPHY............................................................ 5
8.0 GROUNDWATER CONDITIONS.................................................... 6
8.1 Existing Groundwater Level .................................................. 6
9.0 LABORATORY RESULTS......................................................... 6
9.1 Particle Size Analysis....................................................... 6
9.2 Permeability Tests......................................................... 7
10.0 ANALYSIS AND RECOMMENDATIONS ............................................. 8
10.1 Recommendations................................................. 8
11.0 DEWATERING................................................................ 10
12.0 EXCAVATIONS................................................................ 10
13.0 CRITICAL CONSIDERATIONS.................................................... 10
14.0 CLOSURE.................................................................... 11
LIST OF TABLES
GENERALIZED SOIL PROFILE........................................................ 6
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TABLE OF CONTENTS
LIST OF FIGURES
SITE LOCATION MAP .......................................................... Figure 1
VICINITY MAP................................................................ Figure 2
SOIL SURVEY MAP ..................................... ....... :............... Figure 3
TOPOGRAPHIC MAP .......................................................... Figure 4
EXPLORATION LOCATION PLAN ................................................ Figure 5
PROPOSED WEIR CONFIGURATION ................................................ Figure 6
KEY TO BORING LOGS, SOIL CLASSIFICATION CHART ........................... AppendixA
BORING LOGS............................................................. Appendix A
EXHIBITS
ASFE DOCUMENT............................................................ Exhibit 1
GRAIN SIZE DISTRIBUTION CURVES ............................................. Exhibit 2
SHEET PILE DESIGN PRINT OUT .............................................. Exhibit 3
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Client No. 32371-007-01
Report No. 41307
1.0 INTRODUCTION
Universal Engineering Sciences, Inc. (Universal) has completed the subsurface exploration for the
M proposed Stonecrop Waterway Control Structure between Stonecrop Street and Roulette Street in
Sebastian, Indian River County, Florida. Our exploration was conducted as authorized by Mr. Earl
H. Masteller, President of Masteller & Moler, Inc. on February 22, 1999 and was performed as
outlined in our proposal No. P98 -0643G dated February 18, 1999. This exploration was performed
in accordance with generally accepted soil and foundation engineering practices. No other
warranty, expressed or implied, is made.
2.0 PROJECT CONSIDERATIONS
We understand from conversations with the client and a review of a concept sketch by Jenkins &
Charland, the project structural engineers, that a weir/dam control structure is being considered for
construction within a "breach' zone within an existing earthen dam across a section of the Stonecrop
Waterway. The existing dam was breached near its center section several years ago and erosion
has caused a channel for water to pass through leaving the structure inadequate to handle high
water flow conditions over the last few years. To remedy this potentially dangerous situation, a new
control structure is required. A sheet pile weir control structure has been conceptually planned for
construction across the approximately 30 feet wide breach of the existing dam as shown on the
attached Figure 6.
The new weir is currently designed as a cantilever sheet pile wall with a top of pile level of
approximately+14 feet National Geodetic Vertical Datum (NGVD). Flow control will be accomplished
by a series of weir 'notches' near the center of the structure. The approximate upstream control
elevation will be +8 feet NGVD with an emergency overflow weir -notch section at an elevation of
+11.25 feet NGVD. Accordinq to information provided by the client, the maximum head differential
If any of the above information is incorrect or changes prior to construction, please contact Universal
immediately so that we may revise the recommendations contained in this report, as necessary.
In order to verify that our recommendations are properly interpreted and implemented, Universal
should be allowed to review the final design and specifications prior to the start of construction.
_ 2.1 Purpose
The purposes of this exploration were:
to investigate and evaluate the subsurface conditions at the site with special
attention to potential problems that may hinder the proposed development and
to provide geotechnical engineering recommendations for site preparation
procedures, sheet pile design parameters, anticipated groundwater flow
characteristics of site subsoils and construction related services.
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Client No. 32371-007-01
Report No. 41307
3.0 SITE DESCRIPTION
The subject site is located within Section 23, Township 31 South, Range 38 East in Indian River
County, Florida, as shown on the attached Figure 1. More specifically, the proposed site is located
along the Stonecrop Waterway which is one of the major drainage ways serving the adjacent
developments within the city of Sebastian as shown on the enclosed Figure 2. Final outfall of the
waterway is into the South Prong Sebastian Creek. The existing earthen dam site is located
between Roulette Street and Stonecrop Street approximately 1500 feet upstream of Streamlet
Avenue.
The crest elevation of the existing earthen dam is about +15 feet National Geodetic Vertical Datum
(NGVD) with an upstream channel bottom of about +5 feet NGVD. The existing earthen dam has
been breached by the upstream pressure leaving an erosion channel for the upstream water to flow
through. Existing residences were located near each side of the present earthen dam and
approximately along the length of the existing waterway. The upstream portion of the existing
channel was widened in the 1970's to about 350 feet and the excavated material was used to
construct the existing dam and as fill within the adjoining subdivisions.
3.1 Soil Survey
According to the Indian River County Soil Survey (IRCSS), dated 1987, the surricial soils at this site
are mapped as Riviera fine sands (10) on the south side of the waterway and Oldsmar fine sands
(6) on the north side of the dam. A description of each of these soil types is as follows:
Riviera fine sands (10) consist of soils that are nearly level and poorly drained.
Oldsmar fine sands (6) consists of deep, nearly level, poorly drained soils with slopes of
0 to 2 percent.
A copy of a portion of the IRCSS is included as Figure 3.
3.2 Topography
According to information obtained from the United States Geologic Survey (USGS) Sebastian,
Florida quadrangle map dated 1949, photo revised 1970, and partial topographic information
supplied to Universal by the client, ground surface elevations across the proposed construction area
ranges from a channel bottom level of approximately +5 feet NGVD to a top of bank elevation of
about +16 feet NGVD. A copy of a portion of the USGS Map is included as Figure 4.
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Client No. 32371-007-01
Report No. 41307
— 4.0 SCOPE OF SERVICES
The services conducted by Universal during our subsurface exploration program are as follows:
* Drill two (2) Standard Penetration Test (SPT) borings to depths of 50 feet below
existing land surface (bls); one at each end of the existing breach area near the
center of the existing earthen dam.
* Secure samples of representative soils encountered in the soil borings for review,
_ laboratory analysis and classification by a Geotechnical Engineer.
* Measure the existing site groundwater levels.
* Obtain three undisturbed shelby tube samples for subsequent laboratory
permeability determinations.
* Obtain bulk samples at various boring locations for subsequent laboratory remolded
permeability tests.
* Conduct soil gradation tests on the selected soil samples obtained in the field to
determine their engineering properties.
* Assess the existing soil conditions with respect to the proposed construction.
* Prepare a report which documents the results of our subsurface exploration and
analysis with geotechnical engineering recommendations.
4.1 Limitations
This report has been prepared in order to aid the architect/engineer in the design of the proposed
Stonecrop Waterway Control Structure in Sebastian, Florida. The scope is limited to the specific
project and locations described herein. Our description of the project's design parameters
represents our understanding of the significant aspects relevant to soil and foundation
characteristics. In the event that any changes in the design or location of the structures as outlined
in this report are planned, we should be informed so the changes can be reviewed and the
conclusions of this report modified, if required, and approved in writing by Universal.
During the early stages of the construction project, geotechnical issues not addressed in this report
may arise. Because of the natural limitation inherent in working with the subsurface, it is not
possible for a geotechnical engineer to predict and address all possible problems. The
recommendations submitted in this report are based upon the data obtained from the soil borings
performed at the locations indicated on the Exploration Location Plan and from other information
as referenced. This report does not reflect any variations which may occur between the boring
locations. The nature and extent of such variations may not become evident until the course of
construction. If variations become evident, it will then be necessary for a re-evaluation of the
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Client No. 32371-007-01
Report No. 41307
recommendations of this report after performing on-site observations during the construction period
and noting the characteristics of the variations. Deleterious soils were not encountered at arly of
our boring locations; however, we cannot completely preclude their presence. This report should
not be used for estimating such items as cut and fill quantities. Our investigation was confined to
the zone of soil likely to be stressed by the proposed construction.
_ All users of this report are cautioned that there was no requirement for Universal to attempt to locate
any man-made buried objects or identify any other potentially hazardous conditions that may exist
at the site during the course of this exploration. Therefore no attempt was made by Universal to
locate or identify such concems. Universal cannot be responsible for any buried man-made objects
or environmental hazards which may be subsequently encountered during construction that are not
discussed within the text of this report We can provide this service if requested.
For a further description of the scope and limitations of this report please review the document
attached within Exhibit 1 "Important Information About Your Geotechnical Engineering Report"
prepared by the ASFE/Professional Firms Practicing in the Geosciences.
5.0 FIELD METHODOLOGIES
5.1 Standard Penetration Tests
The two SPT borings, designated B1 and B2 on the enclosed Exploration Location Plan (Figure 5),
were performed in general accordance with the procedures of ASTM D 1586 (Standard Method for
Penetration Test and Split -Barrel Sampling of Soils). The SPT drilling technique involves driving
a standard split -barrel sampler into the soil by a 140 pound hammer, free falling 30 inches. The
number of blows required to drive the sampler 1 foot, after an initial seating of 6 inches, is
designated the penetration resistance, or N -value, an index to soil strength and consistency. The
soil samples recovered from the split -barrel sampler were visually inspected and classified in
general accordance with the guidelines of ASTM D 2487 (Standard Classification of Soils for
Engineering Purposes (Unified Soil Classification System)).
The SPT soil borings were performed with a CME 45 all terrain drilling rig. Universal located the test
- borings in the field using the provided site plan and measuring from the existing on-site landmarks
using a 100 foot surveyor tape. No survey control was provided on-site, and our boring locations
should be considered only as accurate as implied by the methods of measurement used.
5.2 Shelby Tube Samples
We obtained three vertical shelby tube soil samples at various boring locations and depths for
subsequent laboratory permeability tests. These specimens were obtained according to ASTM D
1587 (Thin -Wall Tube Sampling of Soils) procedure. This procedure includes hydraulically pushing
a 2.82 -inch inside diameter shelby tube vertically into the soil mass as the borehole is advanced.
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6.0 LABORATORY METHODOLOGIES
6.1 Particle Size Analysis
We completed particle size analyses on four representative soil samples. These samples were
obtained from various boring locations and depths. The samples were tested according to the
procedures for mechanical sieving of ASTM D 422 (Standard Method for Particle Size Analysis of
Soils). In part, ASTM D 422 requires passing each specimen over a standard set of nested sieves
(3/, inch, No. 4, No. 10, No. 40, No. 60, No. 100, No. 200). The percentage of the soil grains
retained on each sieve size are determined in order to provide the grain size distribution of the
sample. The distribution determines the textural nature of the soil sample and aids in evaluating its
engineering characteristics.
6.2 Permeability Tests
Constant head permeability tests were performed on both the undisturbed shelby tube samples and
on remolded samples obtained from the test borings by measuring the water flow through the
samples for time versus flow volume. This data was used to calculate the coefficient of permeability
(K) of the soils. Results of these tests are found in the laboratory results section (9.2, Permeability
Tests) of this report.
7.0 SOIL STRATIGRAPHY
The results of our field exploration and laboratory analysis, together with pertinent information
obtained from the SPT borings, such as soil profiles, penetration resistance and stabilized
groundwater levels are shown on the boring logs included in Appendix A. The Key to Boring Logs,
Soil Classification Chart is also included in Appendix A. The soil profiles were prepared from field
logs after the recovered soil samples were examined by a Geotechnical Engineer. The stratification
lines shown on the boring logs represent the approximate boundaries between soil types, and may
" not depict exact subsurface soil conditions. The actual soil boundaries may be more transitional
than depicted. A generalized profile of the soils encountered at our boring locations is presented
below in Table I. For detailed soil profiles, please refer to the attached boring logs.
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TABLE
GENERALIZED SOIL PROFILE
Depth
Encountered Thickness Soil Description
Surface 7 to 7Yz Highly interlayered fill zone of loose to medium dense, fine
sands [SP] and fine sands with clay [SP-SC](fill).
7 to 7Y: 19% to 23 Fine sands [SP] interlayered by fine sands with clay [SP -
SC], fine sandy clays with occasional cemented rock
seams [CH], and fine to medium sands (broken shell) with
silt [SP -SM].
27 to 30 20+ to 23+ Clayey fine sands [SC] and fine sandy clays [CH]
loose/soft These strata are occasionally intedain by
cemented rock seams.
NOTE: 1 ] denotes Unified Soil Classification System designation.
+ indicates strata encountered at boring termination, total thickness undetermined.
8.0 GROUNDWATER CONDITIONS
8.1 Existing Groundwater Level
We measured the water levels in the boreholes on March 1 and 15,1999 after the groundwater was
allowed to stabilize. The groundwater levels are shown on the attached boring logs. The
groundwater level depths ranged from 7.5 feet bis to 7.8 feet bls at our boring locations.
Fluctuations in groundwater levels should be anticipated throughout the year, primarily due to
seasonal variations in rainfall, surface runoff, and other factors that may vary from the time the
borings were conducted.
9.0 LABORATORY RESULTS
9.1 Particle Size Analysis
The soil samples submitted for analysis were classified as fine sands [SP], clayey fine sands [SC],
and fine sands with clay [SP -SC]. The percentage of soil sizes passing the #200 sieve size are
shown on the boring logs at the approximate depth sampled. The grain size distribution curves are
presented as Exhibit 2.
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9.2 Permeability Tests
Soil permeability is a measure of the soil's ability
to allow water flow though it under saturated
conditions. Permeability is a function of the grain
size and sorting of the entire soil mass. According
to the National Soil Survey Handbook, 1993
Edition, published by the U.S. Department of
Agriculture, permeability rates can be expressed in the following classes:
Permeability K
Permeability Class'
(in/hr)
Extremely slow
0.0-0.01
Very slow
0.01-0.06
Slow
0.06-0.2
Moderately slow
0.2-0.6
Moderate
0.6-2.0
Moderately rapid
2.0-6.0
Rapid
6.0-20.0
Very rapid
>20
"As per the National Soil Survey Handbook,
1993 Edition, published by
the U.S. Department of Agriculture.
Most "clean" fine sands [SP] typically exhibit moderately rapid to very rapid permeabilities. Fine
sands with silt or clay [SP -SM or SP -SC] can usually be considered to have slow to moderately slow
permeabilities; while silty sand [SM], clayey sands [SC], silts [ML] and clays [CL] are typically within
the extremely slow to slow class.
The results obtained from our laboratory horizontal (h) permeability test, where K is the coefficient
of permeability, are as follows:
Boring B1 Kr = 3.35 x 10' cm/sec = 0.47 inthr.
Remolded sample obtained at 16 to 22 feet bls
Soil type - very fine sand with clay [SP -SC]
Permeability Class - Moderately Slow
Boring B2 KV = 1.45 x 10-2 cm/sec = 20.5 in/hr.
Vertical sample obtained at 8 to 10 feet bls
Soil type - clayey fine sand [SP]
Permeability Class - Very Rapid
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Boring B2 K„ =1.39 x 10' cm/sec = 0.02 in/hr.
Vertical sample obtained at 22 to 24 feet bis
Soil type - very fine sand with clay [SP -SC]
Permeability Class -Very Slow
Boring B2 K, = 2.61 x 104 cm/sec = 0.37 in/hr.
Vertical sample obtained at 24 to 26 feet bls
Soil type - very fine sand with clay [SP -SC]
Permeability Class - Moderately Slow
It should be noted that the coefficient of permeability is not an infiltration or groundwater flow rate.
The actual groundwater flow rate is influenced by the coefficient of permeability as well as several
factors, including the configuration of dam, the upstream & downstream water levels, and the
location of the confining layer(s).
10.0 ANALYSIS AND RECOMMENDATIONS
The fill soils encountered at the boring locations within the existing earthen dam at the project site
are classified mainly as a highly variable combinations of loose to medium dense, fine sands [SP]
(fill) and fine sands with clay [SP -SCI (fill), to a depth of about 7%: feet bls. These surficial soils are
underlain by an approximate 20 feet thick layer of very loose to loose fine sands [SP] intedayered
by very fine sands with clay [SP -SC], fine sandy clays with occasional cemented rock seams [CH],
and fine to medium sands (broken shell) with silt [SP -SM]. Below these near surface soils are
loose/soft strata of clayey fine sands [SC] and fine sandy clays [CH] to below the maximum depth
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of the borings, 50 feet bls.
The following recommendations are made based upon a review of the attached soil test data, our
understanding of the proposed construction, and experience with similar projects and subsurface
conditions. If the configuration of the proposed weir section, structural loadings, or grading plans
change from those discussed previously, we request the opportunity to review and possibly amend
our recommendations with respect to those changes.
10.1 Recommendations
In order to help provide stability of the dam section, we recommend that sheet piling be driven to a
minimum tip elevation of -14 feet NGVD or lower. This would place pile tips within the loose to very
loose, clayey fine sand [SC] strata. During driving operations, extreme can: should be taken so that
piles remain within interlock. After an initial set, piles should not be driven more than 3 feet deeper
than adjacent sheets per each driving sequence.
We assume that a vibratory pile driver will be used to install the proposed sheet piling. To help
minimize distress to nearby residences and the existing earthen dam, we recommend that vibratory
pile drivers have a suspended weight and centrifugal force rating of less than 6000 pounds and 40
M
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— tons, respectively. THE USE OF HEAVIER VIBRATORY EQUIPMENT MAY CAUSE DAMAGE TO
EXISTING NEARBY STRUCTURES.
Using the Blum method of analysis and the ProSheet software system, copyright 1998 by Megatec,
(See printout enclosed in Exhibit 3) we calculate an overall factor of safety against overturning of
the proposed weir will be approximately 3.4. We calculate that maximum moments within the
proposed sheet piling will be on the order of 260 inch -kips per foot of wall.
We recommend the use of sheet piles consisting of ASTM A572 steel with a minimum section
modulus of at least 20 cubic inches per foot of wall. All sheet piles and auxiliary structural elements
^ should have proper treatments and/or coatings to protect against corrosion; the determination of
these corrosion protection measures is to be performed by others and is beyond the scope of this
report During actual operating conditions, the weir elements should be periodically inspected and
any required maintenance or repairs performed in a timely manner. In addition, the existing earthen
dam should be periodically inspected and properly maintained.
— We understand from a review of the conceptual plans provided that rip -rap armor will be placed on
the downstream side of the proposed weir to protect the channel bottom and side slopes against
erosion (Please see attached Figure 6.). We recommend that the rip -rap scour protection stones
conform to the requirements of Section 530-2.2.1 of the "Standard Specifications for Bridge
Construction", 1996 Edition, by the Florida Department of Transportation (FDOT).
A filter fabric membrane should be placed on the channel bottom and side slopes, prior to rip -rap
installation, to help prevent the "piping" losses of fine sand grains through the channel bottom. We
recommend the use of Trevira #1135 woven fabric, or approved equivalent, to be installed from the
face of the dam to a point at least 50 feet downstream. Fabric panels should be placed with an
overlap of at least 10 feet between individual sections.
To help provide erosion protection during flood conditions, we recommend that the sheet pile wall
extend horizontally at least 15 feet beyond the top edges of the existing breach area. During sheet
pile installation, the condition of the existing earthen dam should be closely monitored. Any areas
requiring repair or maintenance should be attended to, prior to the onset of high flow conditions.
The construction of the proposed weir should be completed during low flow conditions with all piling,
rip -rap, and other structural elements in place prior to final operational status during the anticipated
high flow conditions. Please note that the proper installation and placement of all weir components,
such as the proper embedment of sheet piles, placement of rip -rap, etc, are critical to the overall
stability of the dam. Therefore, we strongly recommend that the dam construction be observed by
Universal in order to verify that the design requirements have been satisfied.
Since the proposed sheet piling will be embedded within the relatively impermeable clayey sand
stratum [CH], the seepage below the new weir will be essentially zero.
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11.0 DEWATERING
Based on the water level conditions encountered, control of the groundwater will probably not be
required during pile installation, to achieve the necessary excavation, construction, and backfilling
requirements presented in the preceding sections. However, if dewatering does become necessary,
and regardless of the method(s) used, we suggest drawing down the water level at least 2 to 3 feet
below the bottom of the excavations to preclude "pumping" and/or compaction -related problems with
the foundation and/or subgrade soils. The actual method(s) of dewatering should be determined
by the contractor.
Dewatering should be accomplished with the knowledge that the permeability of soils decreases
with increasing silt [M] and/or clay [C] content. Therefore, a silty fine sand [SM] is less permeable
than a fine sand [SP]. The fine sand, fine sand with sift and silty fine sand [SP, SP -SM and SM] soil
types can usually be dewatered by well pointing.
We recommend positive drainage be established and maintained on the site during construction.
We further recommend permanent measures be constructed to maintain positive drainage from the
site throughout the life of the project. We recommend that the contract documents provide for
determining the depth to the groundwater table just prior to construction, and for any required
remedial dewatering.
12.0 EXCAVATIONS
Excavations should be sloped as necessary to prevent slope failure and to allow backfilling. As a
minimum, temporary excavations below 4 -foot depth should be sloped in accordance with OSHA
regulations (29 CFR Par 1926) dated October 31, 1989. Where lateral confinement will not permit
slopes to be laid back, the excavation should be shored in accordance with OSHA requirements.
During excavation, excavated material should not be stockpiled at the top of the slope within a
horizontal distance equal to the excavation depth. Provisions for maintaining workman safety within
excavations is the sole responsibility of the contractor.
13.0 CRITICAL CONSIDERATIONS
Vibrations produced during vibratory pile installation operations at the site may be significantly
noticeable within 100 feet and may cause settlement distress of adjacent structures if not property
regulated. Therefore, provisions should be made to monitor these vibrations by Universal so that
any necessary modifications in the pile installation operations can be made in the field before
potential damages occur. In addition, the conditions of the existing adjacent structures should be
ascertained and documented prior to vibratory operations. Slight cosmetic damage (e.g. hairline
cracks in stucco, plaster, or masonry) may occur in conjunction with compaction operations.
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The piling contractor should be made aware that occasional hard driving conditions may
occur in order to obtain the necessary minimum pile embedment depths listed in the
previous report sections. Please note that the minimum embedment depths listed are critical
to the proposed weir stability and should be stringently followed.
14.0 CLOSURE
The soil and groundwater conditions encountered during our subsurface exploration of the property
and the results of the laboratory analysis identified no problems that will significantly hinder
development of the proposed project, as we currently understand it, using conventional construction
practices. Standard methods of pile installation, excavation, and backfilling should adequately
prepare the site.
The geotechnical engineering design does not end with the advertisement of the construction
documents. The design is an on-going process throughout construction. Because of our familiarity
with the site conditions and the intent of the engineering design, we are most qualified to address
site problems or construction changes, which may arise during construction, in a timely and cost-
effective manner.
We recommend the owner retain the Universal Rockledge office to provide inspection services
during the site preparation procedures for confirmation of the adequacy of the earthwork operations.
Field tests and observations include verification of sheet pile installation techniques, filter fabric
placement, and construction of the rip -rap erosion protection blanket.
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FIGURES